07/16/1951
CITY OOMMISSION' MEETING
July 16, 1951
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The City Commission of the Oity of Clearwater met in regulQr session at City
Hall~ Monday, July 16, 1951, at 7:30 P.M., with the following members O~ARent:
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Absent:
Herbert M. Brown
Garland D. Lynn
Joe Turner
Thomas H. Black, Jr.
-Mayor-Co.mmisBioner
-COll1m1ssioner
-Commissioner
-Commi3sioner
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Herbert M. Blanton
Also Present Were:
F. C. Middleton
C. E. Wa re
George T. McClamma
-Connnissioner
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-City Manager
-City Attorney
-Chief of Police
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The meeting was called to order by the Mayor. Cor.unissioner Turner moved that
minutes of the regular meetiug of July 2, 1951, be approved, in aooordanoe with
oopies thereof furnished each member in writing, and that their reading be dis-
pensed with. Oommissioner Lynn seconded this motion. Vote was cast and motlan
carried.
Report on Worlanan's Compensation Insurance was given by City Manager. It was
decided that the City Attorney make a determination as to whether the present pOlicy
can be renewed without asking for public bids, and that if not request for bids
would be authorized at the next meeting.
The matter of the Beach Lease Committee's report on the ~liniature Golt Course
lease was brought up. The Oity Manager stated that the Committee did not wish to
renew the lease in its present form as it is not the policy of the Commission to
tie up City property on long term leases. The suggestion was made to cut down the
weeds and do some painting and on the back side put a hedge across to improve this
property. It was also mentioned that wire is down on the'porch and should be re-
placed - that it should be patched on three sides. It was the Committee's feeling
that the rental should be raised to $75.00 per month and that the lease should be
renewed fram month to month if improvements are made. It was suggested t~t the
City Attorney incorporate the proposed improvements in a letter to the lessees. Com-
missioner Blaok moved tl~t the report of the Committee be accepted by the Commission
and that letter should be sent noting various improvements and stating that leaae
would be renewed on month to month basis only and tha t the rental be increa sed to
$75.00 per month. Commissioner ~nn seconded this motion. Vote was taken and motion
oarried.
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Report was made on ~~erlngham Pavilion Lease. Mr. William Goza, Atto~ey,
stated that the report prepared by the Everingham Pavillion was for the purpose of
setting forth the situation as it stands from their viewpoint. It was decided by
consont that action be deferred on this matter until all members of the Commission
have studied the report, reconsidered the issues involved, and that decision will
be made at a later meeting.
Lease for The Junior Service League was presented by the City Attorney. The
City Attorney briefly outlined the changes that were made in the original lease. The
City Manager stated that the work being carried on by The Junior S'ervioe htague will
in no \my interfere with other city activities. C~isaioner Black moved that the
lease between the City of Clearwater and The Junior Servioe League be approved and
that proper city officials be authorized to approve this lease. Commissioner Turner
aeoonded the motion. Vote was taken and motion carried.
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The City Clerk made a report of receipt of Speoial Aots of the Florida Legis-
lature. These bills included House Bill No. 947, 948, 949, 950 and 951. House Bills
No. 948 and 950 have been passed by the Florida Legislature and are now law; the
other bills must be submitted for a referendum election berore becoming law. In
this connection the City Attorney outlined the necessity of bringing the ~on1ng
ordinanoe up to date and stated that maps ahould be revised in ~ccordance with Buch
changes. He sta.ted that he f'elt all material on this subjeot should be compiled be-
fore the date of such election is set. Mayor Brown stated that he felt a Committee
should be appointed to work on this matter.
The City Attorney submitted letter from H. H. Bask~ and Associates to the
City Commission requesting that a set back line o~ ten feet instead of' twenty feet
be observed in Columbia No.3 Subdivision. Mr. Ware used this material as an ex-
ample of the fact that rezoning ordinance should be clarified as quickly as possible.
It was the .feeling of the Commission that no building permits ahould be issued 1n un-
zoned areas pending such clarification unles3 the present building stipulations,
partioularly in regard to twenty foot clearance, were observed by those requesting
pennit. Mayor Brown ooncurred in this opinion. Commissioner ~urner moved that the
City Building Department be instructed not to issue any building per.mita in unzoned
areas of property within the City of Clearwater on any property with building set-
back line or less than twenty feet. Commissioner Lynn ~eoonded this motion. Vote
was cast and motion carried.
Mayor Brown made the request of the City Manager that the matter of'the Pierce
street Railroad crossing and the Missouri Avenue Railroad crossing be placed on the
agenda at the next regular meeting of the Cormuission. lire Turner suggested that
adequate publicity be given the ~tter so that all interested persons would be in
attendance at that ttme.
The matter of the Quit Claim Deed from the City to Donald Coohran Was brought
batore the Commission. Mr. Turner stated that he went out and examined the property
in question and moved that the request for establishment or property line be denied
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CITY COMMISSION MEETING
July 16, 1951
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as it appeared to him that fill had been used beyond the lines shown in the origina~
plat of this property. Mr. Blaok asked i~ Mr. Turner would withdraw his motion in
order that he oould have the opportunity ot familiarizing htmself with the ~rea and
the problem involved. Mr. Turner stated that sinoe there was no second to his motion
this was not neoessary and that he was perfeot1y willing that this further 1nveBti-
gation be made. Mr. Ben Krentzman, Attorney, asked that the City Attorney and Cit~
Engineer prepare a formal report on this matter based on their own findings. Mayor
Brown asked the City Engineer to prepare a report on the matter so that the balanoe
of the Committee can familiarize theDselves with it. The matter was deferred by
oonsent to the next regular meeting.
Request was made by City Clerk for authority to oanoel unoolleotable personal
property taxes aooumulated during the last five years. Commissioner Blaok moved that
the Clerk be granted authority to oanoel the unoolleotable property taxes. The taxes
involved ammlnt to $1,572.00. After further disoussion, Commissioner Blaok withdrew
his first motion and suggested that the City Clerk reoheok this list, keeping in
mind the leads and suggestions made by Mayor Brown and other members of the Commission
as to the possibility of still oolleoting some ot the aocounts. It was deoidod by
oonsent that the City Manager would send someone out to try again to oolleot aome ot
these taxes.
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The City Manager presented tabulation for purohase of orane and halt-traok.
He reoommended tha t the bid ot the Cha pman Maohine Company, of Tampa, be acoepted for
the Shield Bantam costing $10~087.27. Commissioner Black moved that the reoommenda-
tion of the City Manager for purohase of this machine be acoepted. Commissioner ~nn
seoonded the motion~ which was voted upon and oarried.
A delegation was reoeived by the Mayor regarding oomplaint about the blooking
of the end of McLennan street by the Ready Mix Concrete Campany~ Mayor Brown stated
that a survey is being made to determine what aotion the City oan take in relieving
the situation and that report and deoision on this matter will be given at a future
Commission meeting.
The City Manager reoommended that contract be oontinued with the Sanitary Dry
Cleaning Company tor dry oleaning for the Police and Fire Departments. Commissioner
Blaok moved that the reoommendation of the City Manager be followed in this instanoe.
Commissioner Turner seconded the motion. Vote was taken and motion carried.
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The City Manager presented the following requests for water main extensions
with following aotions taken:
800' ot 6" water main extension on Cedar Street
at an estimated cost o~ $2,500.00.
Commissioner Lynn moved that the granting of this water main extension be denied on
the basis that it is the responsibility of the property owners in this area to pay
for the extension themselves - that to do otherwise would be in oontravention to the
City'S policy. This area is outside of the city limits.
315' of 2" water main extension on Douglas Avenue
at an estimated cost of $315.00.
Commissioner Black moved that this extension be approved. Cammi3sioner Turner
seoonded this motion, which was voted upon and oarried.
900' of 2" water main extension on Druid Road at
an estimated oost of $600.00.
Commissioner Blaok moved that this extension be denied. Commissioner Turner
seconded the motion, which was voted upon and carried.
Mayor Brown stated that he felt that any water main extension outside of the City
limits, no matter how smal1~ should be brought before the Commission.
The City Manager presented the following, oosting less than $300~00, and
approved by him:
63' of 2~ water main extension on Woodlawn
Es'timated Coat - $10.00
358' of 2" water main extension on Smallwood
Cirole - Estimated Cost -$,260.00
280' of 2" water main extension on Rogers Sc.
Estimated Cost -&.200.00
400' of 2" water main extension on Missouri
Ave. - Estimated Cost -$270.00
360' o:f lit gas main extension on Richards
Ave. - Estimated Cost -$170.00
200' of 2i" gas main extension on Plumosa
~ Estimated Coat -$125.00
500' o~ 2" gas main extension on Bay Es-
planade Ave.-Estimated Cost -$296.00
462' of 2" gas main extension on Betty
Lane Estimated Cost -$280.00
168' ot 2ft water main extension on Washing-
ton Ave. -Estimated Cost -$125.00
Commissioner Blaok moved that the nine items costing less than the $300.00 be approved
by the Commission. Commissioner ~nn seconded the motion. Vote was taken and carried.
Resolution requesting property owners to mow their lots of weeds and grass was
presented by the City Manager. Fifteen lots were involved. Commissioner Black moved
that resolution requesting ~is aotion be approved. Commissioner Turner seconded the
mot10he Vote was taken and oarried.
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CITY COMMISSION MEETING
J'u.ly 16, 1951
The city Manager reported on street lights for Pinebrook. He stated that the
property owners have agreed to pay any expenses above $750.00, if the City will pay
that much, and will do the collecting of any suoh moneys themselves. Commissioner
Turner made the motion that the City Manager be authorized to expend $750.00 of the
street lighting fund on this projeot in Pinebrook Subdivision as speoified in the
minutes of last year's meeting with regard thereto with its speoial stipulations 8.S
to where the money was to be spent, how many lights were to be installed, etc. A
blue print of this projeot will be fumished by the City Manager. Conunissioner Lynn
seconded this motion. Voto was taken and motion carried.
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The City Manager's report on street lights for Venetian Point ~s presented.
He stated that rour lights were to be installed at the cost of $285,00 to the City.
Commissioner Turner moved that this project at Venetian Point be undertaken. Com-
missioner Black seconded the motion. vote was taken and motion oarried.
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The City Manager stated that he was unprepared at this time to give report
on street lights for Unit #5, Mandalay Subdivision.
Commission's Committee report on Pinellas County proposed water works system,
whioh was attended by the City Manager, City Attorney, Mayor Brown, and Cammissioner
Turner, was presented. The City Attorney briefly outlined the developments whioh
took plaoe at the water oonference with particular reference to Dr. A. P. Black's
plan for further development and extension of the county water system. The City
Attorney stated that the County Commission today accepted Dr. Blaok's plan and that
they have authorized that a survey be made, said survey to coat $,8,000.00. Cost
figures will be deve10ped by Dr. Blaok and assooiatea by which cities and towns may
later subsoribe to such a system. Mayor Brown stated that this study and report
will take between sixty and ninety days for completion. Commissioner Black moved
that the Committee's report on ~inellaa County's proposed water works system be
accepted and that the City should go on r8co~ in favor of the report of Dr. Black
and that letter should be written to the Boa~ or County Commissioners commending
them for their construotive and farsighted decision made today to adopt the Blaok
plan of water faoilities' development in this county. This motion was seoonded by
Commissioner TUrner. Mayor Brown requested that the City Manager write the pro-
posed letter.
The City Manager reported on State Road Department repairs to the drawbridge
on the Cause~y to Clearwater Beaoh. He stated that the State Depa~ment officials
will be here on August 6th and that the bridge will be closed tor two weeks fram
August 6th to August 18th for repairs. Commissioner Blaek moved that the City Mana-
ger's report be acoepted and that the Commission oont~nue to publicize that the
draw bridge will be closed to river trat~ic trom August 6th to 18th. Commissioner
Dynn seconded this motion, which was voted upon and oarried.
The City 1~nager requested the Finanoe Department to transfer oigarette tax
fund of $15,000.00 for Chestnut Street r~ght of way; $6,500.00 for Osceola paving;
and $7,000.00 for Myrt~e Avenue paving to the general fund. Commissioner Black
moved that the City ~~nager's recotmlendation be approved. Commissioner Dynn seconded
the motion, which was voted upon and carried.
Tile City Attorney presented deed for conveyanoe between Edv~rd B. P. Carrier
and Hilda B. Carrier as surviVing directors and trustees of Pea1e Realty Company,
a disaolved Florida Corporation and the City of Clearwater conveying that part of
Peale Park Subdivision as shown by corrected plat ~oorded in Plat Book 12, page 17
of the public records of Pine11as County, l.ying West of the pubJ.ic thorought'are
known as Edgewater Drive, together with all riparian rights thereto appert~ining.
He suggested that wire be sent to the Trustees of Internal Improvement FUnd, ~lla-
hassee, Florida, telling them that the City of Clearwater bas reoeived and recorded
in the public records of Pinellas County the above mentioned deed and that the city
as the owner of these uplandS whioh were oonveyed and held for park purposes objects
to any conveyances by the trustees or the Internal Improvement ~und of Florida to
any persona of any overflow lands lying in Clearwater Bay to the West of and in
front of.the above desoribed uplands. Motion was made that this deed be acoepted
and filed ~ediately, and that wire be sent as outlined by City Attorney. Com-
missioner Lwnn made this motion, seconded by Cor~lissioner Turner. It was voted upon
and carried.
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There being no further business to cmne be~ore the Board the meeting W83 ad-
jour.ned by Mayor Brown at 9:47 P. M.
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ATTEST:
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GIfi COMMISSION MEBlTING
.1Jul'Y 16, 1963.
WHE~S: it has been determined by the City Commission of the City ot 01eara
Witter, Florida, that the property desoribed be10w should be cleaned of weeds,
grass and/or underbrush, and that after ten (10) days notice and failure of the
owner thereof to do so, the City should clean such property and charge the costas
thereof against the respeotive property.
NOW THEREFOR~ BE iT RESOLVED by the City Commission of the City of Clearwater,
Florida~ that the following desoribed property, situate in said City, shall be
cleaned of weeds, gra~B and/or underbrush within ten (10) days after notice in
writing to the owners therao~ to do so and that upon failure to oomply with said
notioe, the City Dl~ll perform such cleaning and charge the costs thereof against
the respeotive properties in aocordance with Section 128 of the Charter of the
City of Clearwater, as amended.
~ar.UTION
Request No.
Property OWner
Theodora C. Kent
Litohfield, Conn
Harold S. Dunlop
39 DeBevoise Ave.
Roosevelt, New York
A-53
A-54
A..55
Robert Schmid
1545 E. Drew
City
HenrY Dengolesky
604t 11andala~
None. B. Sha rp
P. O. Box: 333
Glea rwe te r, Fla.
Roga.1, Inc.
215 So. Myrtle Ave.
Glea rwa te r, Fla.
A..56
A-57
A-56
A-59
W. H. Phillips
212 N. !lladison
Clearwater, Fla.
A-SO
Mr. John T. Balch
Box 4
Rysley, !.iisa.
Chae. 3. Thompson
378 May St.
Elmnurst, Illinois
Frank & Bertha S. Campbell
25 So. Highland
Clearwa tar, Fla 0
A-61
A-6:;:}
A-63
Thos. H. Black
Fla. Power Bldg.
Property
Descriptio1l..
It>t 11, Block B
Crest lake Sub.
Lot 10, Block B
Crost Lake Sub.
Lot 10 &. South j-
of Lot 9, Block B
Crest !ake Sub.
Lot 39 - Longview
Subdivision
I'..()t 2 - Block B
Peale Park Sub.
Lot 6, Block B
Resub padgett Est.
Lots 7 &. 8, Block B
Resub Padgett Est.
Lot 2 - Block ~
Bay Terrace Sub.
Lot 8 - Block A
Peale Parle
Lots Jl.0 &. ~l
Block A
Druid He :1.ghts Sub.
Lot 13 - B10ck A
Druid Heights Sub.
Bsthla ted
Mow1ns Charge-.
$1.50
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2.00
1.50
1.50 each
1.50
2.50
2.50 eaoh
2..50
PASSED AlID ADOPTED BY THE CITY COMllIISSION of' the City 0 r C1earwa ter,
FJ.orida, this 16th day of July_A. D. ~ 1951.
AT'l'EST:
H. G. Wingo
City Auditor and Clerk
Herbert M. Brown
Mayor-Commissioner
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JUly 11_ 1951
Hono City Commission
Gentlemen:
The City of Clearwater personal property taxes listed on the following
sheets are apparentJ.y "Uncollectab1e" :for the reasons given in the remarks colux:lJh
It is requested that the Clerk be authorized to oancol all, or such
pa~t or these taxes as the Oommission considers advisable.
Respeotfull,.,
H. G. Wingo
C11i3' Aud1tor and Dlerk
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CITY COMMISSION MEm'ING
July 16" 1951
July 13" 1951
Mayor-C0l111'J11ssioner Herbert M. Brown_
Oonun1ss1oners:
Joe Turner, Herbert Blanton, Sr.
ThOlllaS lIe Black, Garland Lynn
Gentlemen:
Regular meeting of the Oity Commission will be held Monday evening - July 16" 195]
at 7:30 P. M. in the Oity Hall to consider items on the attached agenda.
Yours very truly,
F. C. Middleton
City Manager
FCM : gg
AGENDA
APproving minutes of regular meeting of July 2, 1951.
City Manap;er's report on Worl<man's Compensation Insurance.
Beach Lease Committee's report on:
A. Miniature Golf Course Lease.
B. Everingham Pavillion Lease.
Presentation of lease for Junior Service League.
Clerk's report of receipt of Special Acts of Florida Legislature.
Clerk's request for authority to cancel uncollectable personal property taxes.
Tabulation of bids and City Manager's recommendation for the purchase of:
A. Crane and Half-Track.
B. Dry Cleaning for Police and Fire Departments.
.
Approval of following gas & water main extensions:
A. 800' of' 6" water main extension on Cedar St.
Estimated Cost $2,500.00
B. 315' of 2" water main extension on Douglas
Ave. - Estimated Cost $ 315.00
C. 900' of 2'. water main extension on Druid
Road Estimated Cost $ 600.00
Following costing less than $300.00 and approved by City Manager:
(a) 63' of 211 water main extension on Woodlawn - Est. Cost $].0.00
(b) 358' of 2" water main ext. on Smallwood Circle - Est. Cost - ~260.00
(c) 280' of 2" water main e:x.t. on Rogers St. - Est. Cost - - $,200.00
(d) 400' of 2" water main ext. on Missouri Ave. - Est. Cost "270.00
(e) 360' of 1" gas nain ext. on Richards Ave. - Est. Cost ~70.00
(~) 200' of 2fi" gas maln ext. on Plumosa. Est. Oost 125.00
(g) 500' of 2' gas main ext. on Bay Esplanade - Est. Cost 96.00
(h) 462' of 2" gas main eY..t. on Betty Lane Est. Cost 80.00
(1) 168' of 2" water main ext. on Washington Ave. - Est. Cost - 125.00
9. Resolution requesting property owners to mow their lots of weeds and grass.
10. Commission's report on Quit Claim deed from Ci~ to Donald Cochran.
11. Cl ty lnanager' s report on street lights for:
A. Pinebrook
B. Venetian Point
C. Unit #5 - Mandalay Subdivision
12. CODm1ission's Cor.n:nittee report on Pinellas County ppoposed water works system.
13. City Manager's report on State Road Department repairs to Draw Bridge on
Causeway to Clearwater Beach.
14. An,:! items not on the agenda will be considered by consent of' the commiss"ion.
Adjournment.
Commission acting as trustees of Pension bund on application for memberShip in
Pension Plan.
---------------------------
July 17" 195]
Mr. Franois Middleton,
City Manager,
Clearwater, Florida
Dear :M:r'. Middleton:
I would like to respectfUlly request, if it meets with your approval" that you ask
the Commission for a transf'er from the Cigarette Tax Fund to the General Fund in the
amount of $28,500.00. this money to be used in the following order:
Acquiring Ohesnut Street right-of-way East of Greenwood $l5,OOOeOO
South Osceola Paving - - - - - - - - - - - - - - $6,500.00
Myrtle Avenue Paving - - - - - - - - - - - - $7,000.00
This tNnsfer is made necessary at this time due to the heavy drain plaoed on our
cash resources by these jobs, two of which are now in progress.
M:bb
Ver,y truly yours,
Frank Aberna thy
City Treasurer
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CITY COMMISSION MEETING
July 16, 1951
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Chapter 27463. No. 98~
(House Bill No. 947)
A.N ACT TO AMID'ID CHAPTER 9710, ACTS' OF 1923,
RELATING TO TIlE CHARTER OF THE CITY OF CLEAR-
WATER, PINELIAS COUNTY, FLORIDA, A MUNICIPAL
CORPORATION, BY ADDING AN ADDITIONAL SECTION
lOA THERETO; AUTHORIZING THE CITY TO REGULATE
SUBDIVISIONS AS TO THE AMOUNT, KIND, TYPE AND
SPECIFICATIONS OF PUBLIC IMPROVEMENTS; PROVID-
ING }i'OR HEli'ERENDUM.
BE IT ENACTED BY THE LEGISlATURE OF THE STATE OF FLORIDA:
Seotion 1. Cl~pter 9710, Acts of 1923, is hereby amended by add1ng an addi-
tional Seotion lOA, to read:
"Seotion l.OA. The City Conmission of the City of Clearwater is hereby em-
powered to regulate by ordinance all terms and eonditions under which the City Mana-
ger, as supervisor of Plats, shall approve all plats' of new subdivisions and re-
visions and extensions or existing subdivisions within the Corporate limits of the
City and such power shall include, but is not Itmited to, the right to presoribe
by ordinance or the Commission and rules and regulations promulgated by the City
Manager the amount, kind, type and specifications of publiC improvements that the
owners or deve10pers or such subdivisions, extensions or revisions shall be re-
quired to plaoe and install or agree to place and install in said subdivisions as
a condition precedent to the approval of the plats or new subdivisions and ex-
tensions and revisions of existing subdivisions located within the corporate
limits of the City and the right to sell lands therein. The city is hereby em-
powered to, by ordinance o~ the City Commission and rules and regulations or the
City Manager, prescribe penalties for the violation of any and all such ordinances,
rules and regulations and such penalties may include, but shall not be limited to,
the prohibi tlon of sales of lots and parcels of land in any and all such aubd1 vi s iona-.,
extensions or revisions until the owners or developers of any and all such sub-
divisiona~ extensions or revisions have complied with all such ordinances, rules
and regulations as shall be ordained by the City Commission and pramulgated by the
City Manager under the authority of this Act.
The City Manager shall be the Supervisor or Plats of the City. He sha1l within the
scope of the City Ordinm ces adopted under this Act, prescribe and promulgate rules
and regulations for carrying out and effectively enforcing all of the provisions
o~ suoh ordinances, rules and regulations. No plats, sub-dividing land within the:
corporate l~its of the City or Clearwater, shall be entitled to reco~ in the
office of the Clerk of the Circuit Court of Pinellaa County without the written
approval of the City Manager or the City of Clearwater being endorsed thereon."
Section 2. This Act shall not take effect until it is approved by a majority
o~ the qua11ried electors of the City of Clearwater, Florida, voting in an election
to be called by the City Commission of the City of Clearwater, Florida.
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Filed in Office Secretary of State June 11, 1951.
-~--------------------~--------------------------------.~-
Chapter 27464. No. 985
(House Bill No. 948)
AN ACT TO AMEnD SECTION 10 OF CHAPTER 10393,
ACTS OF 1925, RELATING TO A SUPPLmJENTAL,
ADDITIONAL AND ALr.J.'ERNATIVE METHOD OF :MAKING
LOCAL IMPROVEMENTS OJ:.' THE CITY OF CLEARWATER,
FLORIDA, AND PROVIDING FOR SPECIAL ASSESSMENTS
FOR THE COST THEREOF; AUTHORIZING THE ISSUANCE
AND SALE OF BONDS OF SUCH MUNICIPALITY AND
SETTING EFFECTIVE DATE.
BE IT E:NA.CTED BY THE LEGISIATURE OF THE STATE OF FLORIDA:
Seotion 1~ Section 10 of Chapter 10393, Acts of 1925, is hereby amended to read:
"Seotion 1.0. Said assessments shall be made and apportioned as the governing
authority may determine, and the governing authority may direct that the cost and
expenses of the improvements hereby authorized shall be apportioned as follows:
The whole, or such portion as the governing authority may fix, may be assessed
upon property specially benefited by the ~provements in proportion to the benefit
to be derived therefrom; or, if the governing authority shall ~ind that all property
abutting upon o~ located in the immediate vicinity of such ~provements 1s speoially
benefited, it may direct that the whole) or such part of the cost and expenses thereof
68 1~ slwll fix, be assessed against the property abutting upon or located in the
immediate vioinity of said tmprovements according to the frontage or the area thereot
or both suoh frontage and area as said governing authority'shnll direot."
Section 2. This Act shall take er~ect immediately upon its ~eoam1ng law.
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~ate June 11. 195].
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CITY COMMISSION MEETING
JUly 16, 1951
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Chapter 27465. (No. 986)
(House Bill No. 949)
AN A.CT TO AMEND SECTIONS 61 TO 76 INCLUSIVE O!i'
THE MUNICIPAL CHARTER OF THE CITY OF CLEARWATER,
PINELIAS COUm'Y, }I'LORIDA, BEING CHAPTER 9710,
ACTS Or' 1923, AND TO }I'URTHER AMEND SAID CHAPTER
9710 BY ADDIllG rrHEHETO SECTION 76A REIATIUG TO
THE CITY CLEHK Alill TIll!.: CITY TREASURER; PROVIDING
FOR THEIR POWJ.i;HS AND DUT IES; AND PROVIDING li'OR
REFERENDUM.
BE IT ENACTED BY THE LEGISLATUHE o!t' THE STATE OF FLORIDA:
Seotion 1. Section 51 of Chapter 9710, Acts of 1923, is hereby amended to
read:
"S'ection 51. City Clerk: Duties of. -- There shall be a City Clerk, who
sha1-1 be appointed by and serve during the plea:sure of the City Commission, and
who, under the supervision of' the City Manager, shall be the Director of the
Uepartment of Records and Taxation. He shall keep an account of all taxos and
as se a srnents . It
Section 2. S'ection 52: of Chapter 9710, Acts of 1923, is hereby amended to
read:
"Section 52. Preparation of Estimates. -- He shall make or cause to be
made, ostimates of the expanse of any work to be done by the City, shall sign all
contracts lnade in behalr of the City, and certificates of work authorized by the
Ci ty COIIll!lission or any other City Ofrieia 1. No contra ct made in behalf of the
City or to which the City is a party, shall be valid unless signed by the City
Clerk."
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Section 3. Section 53 of Chapter 9710, Acts of 1923, is hereby ~lend&d to
read:
"Section 53. May Adrninister Oaths. -- He shall have power to administer oaths:
f'or the purpose of ascertaining the facts relating to any charge or claims against
the City, nmde or claimed by any person, partnership, association or corporation
whatsoever; he shall inquire into and inform himself as to the legality of all such
claims to be paid out of'the City Treasury, and the facts as to the delivery or
rendition thereof or against the City, and for this purpose he shall have the
power to require evidence that the amount of any clnim is justly due and in con-
f'ormity to law and ordinances, and for that purpose he ~y summon before him every
officer, agent or employee of' any department of the nmnicipality or any other
person, and examine hiln upon oath or affirmation relative thereto."
Section 4. Section 54 of Chapter 9710, Acta of 1923, is hereby amended to
rea d :
nS'ection 54. Duties in Connection with City Gonnnission. -- The City Clerk,. in
his capacity as Clerk of' the City, shall attend all meetings of the City Connnissiol1
and 8~11 keep a journal of its proceedings~ the correctness of which proceeding~
as entered in such journal shall be certified to after each meeting by his signa-
ture, and by the signature of' the presiding officers of the City Commission. He
shall be the custodian of the seal of' the City and of all records and papers of a
general character pertaining to the affairs of the Municipality.1t
Section 5. Section 55 of Chapter 9710~ Acts of 1923, is hereby amended to
read:
"Section 55. Assessor of Taxes. -- The City Clerk shall be the ex-officio
Assesso~ of Taxes for the City, except as provided in Chapter 26160, Acts of 1949."
Section 6. Section 56 of Chapter 9710, Acts of 1923, is hereby amended to
read:
"Section 56. Contracts, Warrants, Certificates, Deeds, 'Etc., Who to Sign. --
All oontracts, bonds,. time warrants, certificates of indebtedness, improvement certi-
ricates, redemption certificates, tax certificates, deeds and other legal obligatlon~
and instruments,. sl~ll be signed by the City Clerk and the City Manafter, and counter-
signed by the Mayor-Commissioner, or the Acting Mayor-Commissioners.
Section 7. Section 57 of Cl~pter 9710, Acts of 1923,. is hereby amended to
read:
"Section 57. Other Duties. -- In addition to the duties specifically imposed
under ~is Aot, the City Clerk shall perform such other duties as may be required
of him by ordinance or resolution of the City Commission, as well as such as may be
required ot City Clerks by the general laws of the State, applicable to munici-
Pllities, and not inconsistent with this Charter or wi th any ordinanoe or l'esolutlon
passed by the City Comm.ioaion."
Section B. Section 5B of Chapter 9710, Acta of 1923,. is hereby amended to
read:
nSection 58. City Treasurer. -- There shall be a City Treasurer, who sbal~ be
appointed by and serve during the pleasure of the City Commission, and who, under
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read:
Section 62 of Chapter 9710, Acts of 1923, is hereby amended to
CITY COMlGSSION MEN~ING
July 16, 1951
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House Bill No. 949, Oont'd:
the supervision of the City Manager~ shall be Director of the Department of Finance.
As City Treasurer he shall be the oustodian of' all moneys of the municipality and
shall keep and preserve the same 1.n such manner and in such place o~ plaoes as
shall be determined by the c~ty COnIDlissionj provided, that it shall be his duty to
invest or deposit in banks in Pinel1as Oounty, Iillorida, as sa.vings accounts or
otherwise, any and all moneys 11elonglng to the City, and oolleoted and held as sink-
ing funds; the investment or deposit of such moneys or ~lnds to be done or IMde by
competitive bids therefor, after due notice, or In suoh other manner as in the
judgment of the City CommissIon may be deemed best in the interests of the City.
No moneys or the City snall be inveated in any class of aecurit1es other than
.first mortgar,ea upon improved real estate where the amount of the 10ao does not ex..
ceed fifty per cent, of the :rna rlcat valuo 0 f the property ~ sa id property oarrying
insuranoe for the benefit of the City in a sum not 1ess than the amount of tho loan,
or in the purohase of interest-bearing United States, State, County, Sohool District,
or Municipal Bonds, but no bond sha11 be purcha sed f'or a hip;her price than its market
price at the time of purchase. In making deposits of such sinking fund the City
Treasurer may select ror that purpose any reputable National, state, or savings bank
or trust co~pany in the County of Pinellas, Florida, and shall obtain the highest
current ra to of interest, and the Treasurer shall take frol11 such institution or in-
stitu.tions, as security f'or such deposits, negotiable intereat-beariug United States,
stntej County, School District or MuniCipal Bonds, or Surety Company Bonds, in an
amount not less than the amount of such depositaj provided tl~t the investment or
deposit of said funds shall be approved by the City Commission in each and every
osse."
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Section 9. Section 59 of Chapter 9710, Acts of 1923, is hereby a~nded to read:
"Section 59. Interest Upon Investnent or Deposits. -- All moneys due as interest
upon investments or deposits shall be collected by the City Treasurer, and placed to
the credit o~ the fund from which the investment or deposit i8 made, and any and all
bonds, and securities taken for investments and deposits shall be held by the City
Treasurer for safe-keeping :for the benefit of the City.ff
Section 10. Section 50 o~ Chapter 9710, Acts o~ 1923, is hereby amended to
read:
"SectIon 60. Collections. -- The City Treasurer shall receive and collect all
moneys belonging to the City. including taxe8~ license moneys, f'ines, and income
f'rom all other sources, and he shall collect all special assessments as provided for
under th1.a A.ct, and he shall keep accurate account thereof, except as prOVided in
Chapter 26160, Acts of 1949.
Section 11. Section 61 of Chapter 9710, Acts of 1923, is he~eby amended to
read:
"Section 61. Paymentsj How Made. -- All checks or warrants for the payment of
nloney shall be signed by the CitY' Treasurer e.nd countersigned by the City Mana.ger."'
"Section 62. Accounts of' City Treasurer'. -- The accounts of' the City Treasurer
snall be examined at the end of each month by the City Auditor, to whom the City
':rreasurer shall tu.rn over all warrants, interest coupons, bonds or other evidence
of' indebtedness of the City which n~y have been redeemed by h~ during the month, tak-
ing the receipt of the City Auditor there:for, and all suoh wa~rants, interest coupons,
bonds or other evidences of indebtedness of the City so turned over shall be can-
oelled by the Treasurer and have written or stamped thereon the date of their payment
or redemption.1t
Section 13. Section 63 of ChApter 9710, Acts of 1923, is hereby amended to read:
"Section 63. Jylonthl~,T Report.-- At the :first meeting of the City Cotrnlllssion in
each month the City Treasurer shall submit a detailed report of ~eceipta and dis-
bursements."
Section 14. Section 64 of' Chapter 9'710, Acts of' 1923, is hereby amended to
rea d :
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"Section 64. Warrants; HOVT Pnid.--Al1 warrants shall be })aid in the order in
which they are presented, out of the moneys in the respective funds on whioh they are
drawn. But no warrant ror the payment of' money shall issue on any fund of: the muni-
cipality unless and until there are moneys to the credit of: the fund to be drawn on
with which to pay such wa rrant .
.
Seotion 15. Section 65 of Chapter 9710, Acts of 1923~ is hereby amended to
read:
"sect ion 65. Accounts of Each Bilnd.-- The City Treasurer shall keep a sepam te
acoount of each fund or appropriationj and of the debita and credits pertaining there-
to. He shall prepare receipts 1n duplicate for all Dloneys paid into the City Treasury,
delivering the original receipt to the parson paying same, retaining one copy for the
files of his office."
Section 16. Seotion 86 of Chapter g?lO, Acts of 19231 1s hereby amended to read:
"Section 66. Moneys rece! ved on Accou.nt of Spec ial Asse sl:unents. ..- All moneys
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CITY COMMISSIOn MEETING
July 16, 1951
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House Bill No. 9~9, Oont'd:
reoeived on account of any spaoial asses$nent s}~ll be held by the City Treasurer
as a special fund from which payment shall be made only on account of the improve-
ment for which such assessment was made, and such money shall be used for no other
purpose whatsoever."
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Section 17. Section 67 of Ohapter 9710, Acts of 1923, 1s hereby amended to
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"Section 67. Deputies .-- The City Treasurer, by and with the oonsent and
approval of the City 1.1anager, may appoint Deputy Treasurers, who, when appointed,
shall have the same powers and authority, and shall conform to all rules and reg-
ulations of the City, and of law as the Oity Treasul'er is subject to."
Section 18. Seotion 68 01' Chaptor 9710, Acts of 1\123, is hereby amended to
read:
"Seotion 68. Depositories; How Designated.-- The City Oommiss10n shall fix
the time, and the regulations under whioh banks of P1nellas County, Florida, may
apply for and DlElY be designated as City Depositaries."
Section 19. Section 69 of Ohapter 97~O, Acts of 1923, is hereby amended to
read:
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"Section 69. I3anks to Make Monthly Reports.--Any Banks acting as City
Depository shall make monthly reports to the City Commission, through the Oity
01erk, showing the balance on hand at the beginning of the month, the sum received
and pa id out during the month, balances on hand a t the end of the Dlonth, and shall
return with said report all checlts or warrants properly cancelled, which the said
Bank has paid during the month."
Section 20. Section 70 of Ohapter 9710, Aots of 1923, is hereby amended to
read:
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"Section 70. Oity Oommission to Establish Rules, Etc.-- The City Commission
nay, upon recommendation of the City Manager, establi~h rules and regulations, reg-
ulat1ng;the deposits and withdrawals of funds of the Oity, provided that the SQme
shall not be inconsistent with the provisions of this Act.tt ,
Section 21. Section 71 of Chapter 9710, Acts of 1923, is hereby amended to
read:
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"Section 71. The City Treasurer shall issue all V1arranta~ for the payment of
money by the Oity, of all moneys due to, and of all receipts and disbursements by
the municipality; and of its assets and liabilities, and of all appropriations
made by the Oity Oommission. He shall submit to the Oity CODnn1ssion at its' .first
meeting in each month a complete and comprehensive report covering the next pre-
ceding month of the receipts and expenditures and of the financial condition of
the City, which report may be published in a local paper. He shall Dlake and keep
a list of the outstanding city bonds, to whon issued, for what purpose, when a.nd
where payable and the rate of interest they respectively bear, and he shall recommend
such action from time to time to the Oity Commission, through the City Manager, aa
will insure punctual payment of principal and interest of such bonds. In like
manner he shall mako a list of all outstanding warrants;, whether time or deferred
payment, to whom issued, ror what purposel wilen and where payable, if specified,
and the rate or interest they bear, if any, and shall from time to time reconnnend
such action to the Oity Commission, through the City Manager, as will insure the
punctual payment of principal and interest of such outstanding warrants. He shal~
furnish the City Manager at any tiIlle such reports, data, and information as may be
necessary to fully inform the latter as to the financial arfairs of the City, fur-
nishing him such estimates of the expenses of the City Government as may be necessary
to for.m the basis of the annual budget and to determine the revenue necessary to be
raised each year."
Section 22. Section 72 of Chapter 9710, Acts of 1923, is hereby amended to
read:
"Section 72. Preparation of Estimatos.--He shall keep regular books of accounts,
in which shall be entered all indebtedness of the City, and which shall at all times
show the financial condition of the Oity, the amount of bonds, orders, certificate~
or other evidences of indebtedness outstanding, and the amount of all bonds, orders.,
certificates or other evidence of indebtedness which have been redee.med and shall
keep accurate accounts thereof, which accounts shall 3how ror what purpose issued,
to whom, and the amount there or . He shall keep a list of all certificates issued
for work or for any purpose, and before the levy by the City CODmission of any
special tax upon any property in the City, or any part thereof, he shall :furniah to
the Oity Manager for the Information of the Oity Commission, a schedule o.f all lots
or paroels o.f lend which ~y be subject to the proposed tax or assessment and Which
it may be necessary to levy on, which said schedule shall be certified by his affi-
davit and shall be prima facie evidence of the facts therein stated, in all case~
where the valid1ty or such tax or assessment shell come in question.
Aoting upon such schedule the Oity Commission may, if they, deem such spec1a1
tax or assessmont legal and just, cause the same to be levied.~'
Seotion 23~ Section 73 ot Chapter 9710, Acts of 1923, is hereby amended to read:
wSeotlon 73. Aud1t and Certifioate or Claims. -- All olaims and demands against
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CITY COMMISSION MEETING
July 15, 1951
House Bill No. 949, Contfd:
the Oity, before they are allowed by the City Commission, shall be examined and ad-
justed and their oorreotness oertified by the City Treasurer. He shall keep a
reoord of his acoounts and doings and a reoord of all contracts to which the City
is a party, with an index. thereto, and such books shall be opened to the inspection
of all parties interested."
Section 24. Section 74 of Olmpter 9710, Acts of 1923, is hereby amended to read:
'~eotion 74. System of Acoounts and For.ms. -- The City Treasurer ahall prescribe
and require, exoept as there may be presori'bed and required by law, the use of a
pIa in and unifonn system of keeping books of accounts by all ci ty departments,
offioers or employees who are charged with the receipt or disbursement of any of the
funds of the City, or who may be authorized to purchase materials or supplies or to
employ labor for the City; he shall presoribe the form of vouchers or otller evidence
of the receipt of money from the City or for the establishment of demands against
the Oity; he shall require a daily report from eaoh department, offioe, offioer, or
employee of the City receiVing and disbursinr; funds of the City;, showing alJ. aU1I1s
received and disbursed, from what souroe and for whElt plArpose.'
Section 25. Section 75 of Cl~pter 9710~ Acts of 1923, i8 hereby amended to read:
'.Section 75. Financial Reports and Reports. -- The accounting prooedure es-
tablished in the office of the City Treasurer shall be adequato to provide a reoord
in detail of all transaotions affecting the aoquisition, custodianship, and dis-
position of values~ including cash receipts,and disbursements, and suoh faots shall
be so presented in the report whioh he is required to render periodioally, and shall
be supported with such Bumma~ies and analytical schedules as ~y be necessary to
show in detail the full aocount of such transactions for each fiscal year, upon the
finanoes of the City and the relation to each department of the City government, in-
cluding distinct sunmaries and sohedules for each public utility owned and operated.n
Section 26. Section 76 of Chapter 9710, Acts of J.923, is hereby amended to
read:
"Seotion 76. Close and Audit of Accounts of Officials. -- Upon the death,
resignation, removal or expiration of the term of office of any officor, the City
Treasurer shall audit his accounts, and if such officer shall be f'ound to be in-
debted to the Municipality~ the City T~easurer shall at once give notice thereof
through the City Manager to the City Commission and to the City Attorney, and the
1a tter shall forthwith proceed to collect the sum of such indebtedness. ·
Section 27. Ohapter 9710, Acts of 1923, is hereby amended by adding thereto
Section 76A to read:
'.Section 76A. Shall list Securities and Bonds. -- The City Treasux'er shall
keep a list of all securities held by the City Commission for the benefit of the Cit~.
He shall keep an accurate list of all bonds held by the Citr.~ and shall know when
and where interest coupons or other interest shall be paid.'
Seotion 28. This Act shall not take eff'ect until ~pproved by a majority of the
qualified electors of the City of Clearwater, Pinellas County, at an election to be
called by the City Commission.
Became a law without the Governor's approval.
Filed in Office Secretary of state June 11, 1951
-------------------------------------------------------------------------------
Chapter 27466. No. 987
(House Bill No. 950):
AN ACT TO AUTHORIZE AND E!llPOWER THE CITY OF
CLEARWATER, PINELIAS COUNTY, FLORIDA, TO
APPOINT A CITY PROSECUTOR; TO PRESORIBE THE
DUTIES, QUALIPICATIONS AND TERM OF OFll'ICE OF
SAID CITY PROSECUTOR; PROVIDING FOR HIS
COMPENSATION; AND SETTING EJ?FECTIVE DATE.
BE IT ENACTED BY TIlE LEGISLATURE OF 'n1I5 STATE OF FLORIDA:
Seotion 1. The Oity of 01earwater, Pinellas County, Florida, a municipal
corporation, is hereby authorized and empowered to employ a City Prosecutor whose
duties shalJ. be to prosecute in the ~hlnicipal Court of the City or Olearwater. in
behalf of the City~ all such cases and classes of caBes as the City Commission shall
direct and he shall diligently prepare all necessary proceedings on appeals of de-
cisions of said Court to the Circuit Oourt and other Courts of Appeal and aid the
City Attorney in the handling and prosecution of Buoh appeals to final dacisio~. The
City Prosecutor shall also perform suoh other duties as the City Commission shall
from time to time prescribe by resolution.
Section 2. The City Prose~utor shall be appointed by the City Commission of the
City of Clearwater and his ter.m of office shall run concurrently with the term of
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CITY COMMISSIOll MEETING
July 16 _ 1951
llouse Bill No. 950, Oont1d:
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office of the Municipal trudge of' the City of Olearwa ter and 11S shall serve during
the pleasure of the City Conanission.
Seotion 3. The City Prosecutor shall receive such salary or remuneration as
the City C011uuission of the City of Clearwater shall detenn1ne.
Seotion 4. The City Prosecutor slmll be a duly qualif'ied attorney at law with
at least six monthB practical experience in the practice of' law and shall have been
admit4led to and have authority to practice in all the Courts of the State.
Seotion 5. This Act shall take effect innnediately upon beoor.1ing law.
Became a law without the Governor's Approval.
lililed in Offioe S'ecretary of State ,JUne 11, 1951
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Chapter 27467 No 988
(House Bill No. 951)
AN ACT DECLARING CERTAIN BODIES Olil WATER WITHIN
THE CITY Oli' CLEARWATER, FLORIDA, TO BE SALT
WA TER; PROHIBITING TIlE USE OF NETS' OR SEINES,
EXCEPTING lIAl1D CAST Nb."'TS, FOR THE PURPOSE OF
TAKING FISH WITHIN SAID BODIES OF WATER; AND
PROVID DIG FOR REli'EREllDUM.
/'
BE IT EI~CTED BY THE LEGISIATURE OF THE STATE OF It'LORIDA:
S~ction]. The ~ollowing bodies of water lying within the corporate l~it& ot
the City of Clear?mter, Florida, are, and they are hereby dec~ared to be entirely
salt water and said salt water bodies of water are inhabited only by salt water fish
and are not inhabited by any kind or type of' f'resh wa,ter fish, to-wit:
Beginning at the intersection of' the north line of Section
S, Township 29 S'outh, Range 15 East with the low tide line
of Clearwater Harbor, run thence west to the northwest
corner of Section 4, sald township and range, said north-
west corner of Section 4 being in the waters of Clearwater
Harbor, thence in a northwesterly direction through the
waters of Clearwater Harbor and Big Pass to the iJ1tersec-
tion of the low tide line of the Gulf' of' :Mexlco and the
most northerly point of Clearwater Beach Island, thence
in a general southerly direction along the low tide line
of the east side of' Clear~water Beach Island to the most
southerly tip of' Clearwater Beach Island, thenoe south
through the waters of' Clearwater Harbor and Little Pass
to a line due west from a point 967 ~eet north of the
southwest corner of' the northwest quarter of the north-
east quarter of Section 21, Township 29 Sout.h, Range 15
East, thence due east to the low tide line of Clearwater
Harbor, thence in a general northerly direction along the
low tide line of the wa tel's of' Clearwa ter Harbor to the
point of beginning.
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Section 2. It sl~ll be unlawful f'or any person to use or cause to be used for
the purpose of taking fish, any net or seine of' any kind or character within any of
the waters described in Section 1. hereof'; providing however, that this section
shall not apply to hand cast nets when said cast nets can be cast ~d spread en-
tirely by manual ef'fort without the use of' oorks.
Section :3. The placing of' any net or seine of any l<:ind or character excepting
common hand cast nets in any of the waters defined in Seotion 1. shall be prima facie
evidence of' their use for the purpoae of taking .fish.
Seotion 4. Any person violating any of the provisions of this Act ~hall b~
guilty of a misdemeanor and f'ined not more than Five Hundred (0500.00) Dollars' O~
Three (3) Months imprisonment or both auoh fine and impriaornnente
Section 5. If any part or portion of this Act ahall be held invalid it ahal]
in no way affect the remaining valid portions hereof.
Seotion 6. This Act shall not become effective unti1 and unless same be rati-
fied by a majo~ity of the qualified electors o~ the City of Clearwater voting in _
general or special election called and held in such manner as the City Commission of
Olearwater may determine for the purpose of ratification or rejeotion thereof. Noth-
ing herein oontained in this olause shall prevent the submission of this Act at an
election in whioh other Speoia.1Acts or meaaur~s are submitted for the purpose of
ratifioation o~ rejeotion by the eleotorate ot the City of Clearwater. In the event
of ratifioation of this Act the same shall become effective 1mmedia.tely upon the
offioial deter.mination of said ratifioation.
Beoame a law without the Governor's approVoal.
, Filed 'in Offioo Secretary of' State JUne. 11, J.951
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CI�1T5.' CO?�'1I�,IISSIQId ME'ETINC�
�.i� �s, a:s5i
The City Comm3.ssion of the City o� C7�earwater met in regular sessian a� City
Ha11, Monday, July 16, 1951, at 7:30 P.A4., with the �ollowing members presen�t
Herber�t h2. Bxown
Gar�and D. Lynn
J�oe Turner
Thomas H. S1ack,Jr.
A,bsent:
Herbert M. Blanton
A1so Preaent Were;
F. C. Midd�.eton
C. E. W�re
George T. McClamma
-MIayor�Coimnia s�ioner
-Gommis sior�er
-Connnisgioner
-�ormnissioner
-Commissioner
-City t�anager
-Gitg Attorney
-Chie£ of Police
The meeting was cAlled to order by the ty2ayor. Counnissioner Turner moved that
minutes of tize regular meeting of Julq 2, 1J51, be approved, in aocordsnee with
co�3es thereof furniahed each member in writin�, and that their reading be dis-
pensed with. Commigsioner Lynn seconded this motion. Vo�e vras cast snd motion
carried.
Report on W.orkman�s Coiapex�sation Insurance was given by City Mana�er. It was
decided that the Ci�y Attorne?� make a determination as to tivhether the present policy
can be renetved tvithout askin� for public bids, and that ii not request £or bids
would be authorized at the next meeting.
The matter of �he Beach Lease Gommittee�s roport on the Itliniature Go3P Course
�easa was brought up. Th� City Nlanager steted that the ��rrmii�tee did not wish to
renew the lease in its present form as it is nat the pol:Ccy of' the Cos�nnis�ion to
tie up City property on long texm leases. The suggestion was r.�ade to cut down the
weeda and do some painting and an the back side put a hedge across to improve this
property� It was also mentioneii that troire is down on the porch and slzould bs re-
placed - that it shouid be patched on three sides. It was the Coirnnittee+s Peelixag
that the rental should be raised to �75.00 per month and tlaat the leaae should be
renewed from month to month ii improvamente are made. It was suggested that the
Gity A�torney incorporate the propased improvernents in a letter -�o �he lessees. Com-
rnissioner Black movecl �that the report of the Coimnittee be accepted by the Corrmiission
and that letter should be sent noting various improvements and �tating that lease
would be renewed on month to month basis only and that the rental be inereased to
�75.00 per month. Cou�missioner Lynn �econded this motion. Vote v�as taken and motion
carr3edo
Report was made on Eueringham Pavilion Isase. Mr. Z4illiam Goza, �ttorney,
stated that the report prepared by the Ever3ngham Pavillion �vas for the purpoae cP
setting forth the situation as it atanda from �heir viewpoint. It was decided by
consent that action be deferred on 'this matter until a11 membars of tha C�-!uimissian
have studied the report, reconsidered the issues involved, and that decision will
be made at a later meetin�,
IAase far The Junior Service League was presented by the Ci�y Attorney, 2`hs
City Attorney brieily �utlined the c}�anges that were made 3n the original Iease. The
C�.ty NIan�gar stated that the work baing carriad on by The Junior 5'ervice �,aagua rrrill
in no way interfere �rith other city activities, Commissioner Black movad that the
lease between the Ci�y of Clearvrater and The Junior �ervica League be a�pproved and
that proper city of£icials be authorized to approve this lease. Co�issioner Turnex
seconded the motion. Vote �ras �aken and motion carried.
The C3ty Clerk made a repo.rt of receipt of Speeial Acts of the Florida Legis-
lature. Thase bil].s inoluded House Bi11 No. 947, 948, 949, 950 and 951. House Bills
No. 9�8 and 950 have been passed bg the Florida %egislature and are now law; the
other bills rmzst be submitted for a referendum election before becoming law. In
this connection the City Attorne� outlirr,,�.i the neceasity of bring:tng the �oning
ordina nce up to date and stated that maps should be revised in a�ccorclance �vith suah
claangaso He sta�ed that he felt a11 material on this subjeet should be compiled be-
fore the date of such election is set. Mayor Brown stated that he ielt a Coffinittee
should be appointed to work on this mstter.
The Git� Attorney aubmittad latter from ii, H, Bask3+n and AssociAtes to �he
City Commission reque�ting that a set back line oi ten Peet instead of twenty feet
be obaerved in Coiumbia No. 3' Subdivision. Mr. 1Nare used �hie material as an ax-
ample of the fact that rezoning ordinancs should be clari£ied a�s quickly as possible.
It wea the feeling oi' the Coimnission that no building permits should be issued in nn-
zoned areas pending sucl� clarif3cation unless the present building stipulation3,
particularl� in regard to twenty foot clearance, were observad by those requestin�
permit. bSayor Srown concurred in this opinione Com�issianer T'urnex rnoved th.at ths
City Bu3lding Department be instxuc�ted not to issue sny bu�.lding permits in unzoned
areas of property within �he Git� of Cleas�vater c�n any property with building set-
back line oi" less than twenty ieet. Cozmni9s3oner Lynn seconded this motion. Vote
was c�:st and motion carried.
1Vlayor Brown made the requeat of the City Ma;nager thst the metter oP the Pierce
Street Railroad crogsing and the A4issouri Avenua R�i].roAd crossing be plaoed on �ha
agenda at the next regular meeting oi'the Counnission. A�r. Turner suggested that
adequate publicity be �ivan tha t�attar so that all intarested persans would be in
attendance at that time,
The matter o£ the Qui� Glaim Deed f*�rrt the City to Donald Cochran waa brought
beTore the Commission. Mr. 'i'urner stated that re went out and examined the propert�*
in question and moved that the request for establisi�ent of proper�y 1'ine be danied
I��
CITY CODIMISSION ME�TING
Ju1y 1.6, 1951
as 3� appeared to him tYiat �"i11 hatl been used beyond the 1lrles ehorvzi in tha orig3nal
plat of thia property. R1r, Black asked i£ Mr. Turner would wlthdraw h3.a m6tion in
order that he could l�ave tkie opportunity of familiarizing himself with the area and
the pro'plem involved. 2�4r. `1'urner stated that since there was no second to his motion
this was not neoessary and that he was perfaotly wi113n� that this f�,irther inveati-
gation be made. rZr. Ben IS'rentzman, Attorney, asked that �he City Attorney and City
Engineer prepare a formal raport on this matter based on their own findin�s. Mayor
Brown asked the City Engineer to prepare a report on the matter so that the balance
of the Gommittee can famil�arize thottselvas x+ith it. The matter was deferred by
consent to the next regular meeting.
Request was msde by City Clerk f�r authority to cancel uncollaetable peraonal
property taxes accumulated during ��Ze last five years� ConIIni�sioner Black moved that
the Clerk be granted authority to aancel the unaollectable property ta•xes. The ta�;ea
involved amount to �"1,57�.00. After further �iscussion, Coimnissioner Black withdrew
his first motion and svggested �hat the C3t� Clark rechocl� this list, keeping in
mind the Ieads and sugger3�ions made by Niayor Brown and other members of the Commission
as to the poasib3lity of still col3.ecting scme of the accounts. It was decided by
consent that the City Iviana�er would send someonA out to try again to oollect some of
these taxes.
The City Aianager presanted tabul.ation for purchase of crane and half-tr&cTt.
He recoirnnended that the bid of the Chapman PRachine �ompanys of Tamps, be accepted for
the Shield Eantam costing �p10,08'7.27. Corrmiissioner Black moved that the recommenda-
tion of the City D4anager for purchase of this machine be accep�od. Cormnissit�ner Lynn
seconded the motioil, which was voted upon and carried.
A delegation was received by the Ivlagor regarding complaint about the blocking
of the end of I�cT,ennan �treet bq the Readg hSix Concrete Company, Mayor Brown etated
that a survey is being made Lo detarmina c,�hat action the City can talte in relieving
the s�tuation and that report and dac3sion nn this matter w311 be given at a future
Couanission meeting.
The Citg b7ana�er reco�nend�d that contract be continued with the Sanitary Dry
Cleaning Company for dry cleaning for the Police aud Fire Departments. Commissionar
Black move�3 that tha recor.Bnendation of the Cit�* Manager be followed in this i.nstance.
Connnissioner Turner seconded the motion. Vote was taken and motian carried.
The City hlanager presented tho folloHing requests for water main extensions
with following a�ctions taken:
800� of 6« water main extension on Cedar Street
at an estimated cost of �2,�500.00.
Commissioner Lynn moved that the granting o�` this water main extension be danied on
the basis that it is the responsibili€y of tHe property ownera in this area to pay
for the extension themselvea - that to do otherwiso would be in contravention to the
Cityss poiiey. This area is outside of the city limits.
315� oP 2}T water main extension on Douglas A;venue
�t an eetimated cost of �315.00.
Commiasioner Black moved that this extansion be approved. Commissioner Turnem°
seconded this motinn, which was voted upon and carr�.sd.
900t of 2�' water main extension on Druid Road at
an eatimated cost of �p600.00.
Commissioner Black moved that this extension be deniedo Counniasioner Turner
seconded tha motian, which was voted u�on and carried.
Mayor Brotivn stated that he ielb that ang water main extension outside oi the City
limits, no matter how small, shauld be brought beforo the Goimnissione
The City Manager presentad the follor✓ing, costing less than �300eOOy and
approved by him:
6��� o� 2i° water main extension on Y�oodlawn
358t
280�
gOD�
360�
200�
500T
462�
I68t
Estimated Cost - ��10.00
oi' 2" water main extenaian on Smallwood
Circle d Est�snated Cost -�2.60.00
of 2�t water main extension on Rogera St.
�stimated Cost -��200.00
of 2�' water m�in extension on Missouri
Ave. - Estimated Cost -�p270.00
of Z�� gas main extension on Richards
1 Avev - Estimated Cost -yp170„00
of 22�� gas main extension on Flumosa
" Estimated Cogt -�125e00
oP 2�� gas rnain extension on Bay Es-
planade Ave.-Eatirr,ated Cost -�296.00
oP 2�t �;as main extenaion on Satty
Zane - Es�imatad Cost -�280v00
of 2° water main extension on Washtng-
ton Ave. -Estimated Cost -��Z25.00
Co�ni�aioner Black moved that the nine items costing lesa thsn the �p300,00 be approved
by the Co�ission. Coxmnisaioner L�*nn seconded the motion. Vote was taken and carried.
Reaolution requeating property ownsrs to mow their lots of v�eeds and grass vraa
presented by the City lvianager. Fifteen lots were involved. Conunissionex Black moved
that resolution requesting this act3.on be approved. Commiseioner Turner seconfled the
motion. Vote vras taken anc3 carried.
���
CI'FX' COMMISSION 1rSEETING
J`uTy 16, 1351
The City Manager re�orted on street lighta for Pinebrook. He stated tYiat the
property owner� have agreed to pay any expenses above �7�O.OU, iP the City will pay
tha� much, and will do the collectin� of any su�h moneya themselves. Cottm�issioner
Turner made the motion that the City Manager be authorized to ea:pend �p750.00 oP the
street 1�.ghting #i�nd on thia project in ginebroo� �ubdiviaion as specified in the
minutes o£ last year�a meeting with regard thereto with ita specisl atipule.tions ae
to where the money nvas to be spent, hov� meny lights were to be installod, etc. A
blue print oP this project will be fu.rniahed by the C�ty Manager. Commissioner I,qnn
aeconded thia motion. Vote was taken and motion carried.
The City I�4ana�er�s report on street lights Por Venetian Point waa prasen*ed.
He ststed �hat four lights were to be installed at the cost of y"�285,00 to the C3ty,
Commiasioner Turner moved that thig prafect at Venatian Foint be undertaken. Com-
missioner Black secondod the motion, Vote was taken and motion carried�
The City Man�ger statad that he was unprapared at this time to give report
on str.eet lights for ITnit #5, Mandalay Subdivision.
Couunission�s Coirnnittee raport on Pi�ellas County propoe.ed ��ater works system,
which was attended bg the City Manager, City Attorney, Mayor Brown, and Gommisaioner
Turner, was presented. The City Attornay briePly outlined the developments whiah
took place at the water conference with particular rePerence to Dr. A. P. Black��
plan fbr Purtller de*aelopment :�nd extension of the county water system. The City
Attorney atated that the Countg Coannias3on today accepted Dx. Blaek�s plan and that
they have �uthorized that a suryep be nade, said survey to coat �'p,8,000.00. Cost
figures� wi?1 be deve7.oped by Dr. Black �nd associatessby which cities and toruns may
later aubscr3be to such a system. D4afor Brown stated that this study and report
will take between sixty anci ninety days for completion. Commiasioner B].ack moved
that the Committea�s report on E.'3nellae County�s proposed water work� system b�
acceptod and that the City should go on record in favor of the report of Drv Black
snd that Zetter should be written to the Board oi County Counnissioners co�ending
them for their conatructive and £arsighted deci�ion made toda� to adopt the Black
plan o�' water facilitiea� development in this county. This motion was seconded by
Gounniesioner Turner. r2ayor Brown requested tha� the City Manager write the p•::o�
posad letter.
The City Aiana�er reported on State Road Department reuairs to the drawbridge
on the Causeway to Clearwater Beach. He stated -that the State Depax+tment otficials
will be here on August 6th and that the bridge will be close8 Por two weeks Prom
August 6th to Auguet 18th for repairs. Commissioner Blscl� moved that the City h7ana-
ger s report be acoepted �nd that the Commissio�a oontinue to publicize that the
draw bridge will be closad to rive-r traPtits from August 6th to TSth. Co�nissioner
Eynn seconde�3 this motion, which vies voted upon and carried.
The Citg niana$er reques�e�. the Finance �partment to transfer cigarette t�x
Pund of �p15,00Uv00 for Chestnut 3treet right of'way; �6,500,00 for Oscaola paving;
and �p7,000.00 ior Myrtle Avenue paving to the general ftand. Cor�missioner Blacli
moved that the City hYanager►s recorrmiendation be approved. Cbnnnissioner Lsnn seconded
t�e motion, which �vss voted upon and carried.
The City Attorney pre�ented deed for conveyance betSveen Edv�ard B. P. Carrier
�nd H31d� B. Carrier as surviving directo.rs and trustees of Peale I2ealty Com�ang,
a diss�olved Florida Corporation and the Citg of Clearrrater conveging that part oP
Faale ParY. Subdivision as shown b� corrected plat reoorded in Plat Book 12, Faga T7
of the public records of Pine2las County, �ying NTest oi' the public thoroughfare
known as Edgeveater Drive, together with all ripar3an rights therato appert�ining,
IIe suggested that wire be sent to the TrLstees of Internal Improvement Fund, Talla-
hassee, Florida, telling them that the City of Clear�vater has receivad and recorded
in the public records of PYnellas County the above mentioned deed and that the city
as the owner of ilzeae uplands which v�ere conveyed and held for park purposes objects
to any conveyances by the tru:stees of the Internal Improvement Fund of Florida to
any persona of any overflow lands 1•ging in Clearv�ater Bay to the Ylest of and 3.n
front of.the above describsd u�landav blotion was miade that thia deed be accapted
and filed inunediately, and tk�at ware be �ent as outlined by Gity Attorney, Com-
mis�ioner Lgnn made this motion, aeconded by Corr�iissioner Turner. It was voted upon
and carr3ed.
There bein� no further business to come before the Boa.rd the rieeting v�as arl-
journed by R4ayor Brown at 9;47 P. M.
ATTEST:
�
City udi or an erk
�`
Mayor-Cormnissione
� ��
CITY COI�'ll1tIS5I0N ni�ETING
J�1y' 116, 1951
Fir� dLUT I ON
WI�REAS': it has been determined by the City Commission of the Cits� of Clear-
vrater, Florida, that the property dascr�.bed below should be aleaned of weeds,
grass and�or underbrush, and that after ten (10) days notice and fai�ure of the
owner thereof to do so, the City should c1eAn such property and charge the costs
thereof against the respective property.
NOW THEREFORE BE �T fiESOLVED by the Citg Couimission of the Ci�y of Cleaxrvvater,
Florida, that the follov�ing described property, situate in said City, shall ba
eleanad of weeds, grass andfor underbrush within �en (10) daysisf�er notice in
writing to the owners thereof to do so and that upon failure to comply with said
notice, the City shall perform such cleaning and charge the costs thereof against
the respective properties in accordanca rvith Section 128 of the Charter of the
City of Clearwater, as amended.
Request No.
A-53
A:-54
A-55
Propert,q Owner
Theodora C. Kent
Lii:chfield, Conn
Harold S'. Dunlop
�9 DeBevoise Ave.
Rooseve�.t, New York
Robert Schmid
1545 Ea Drew
Citg
A-56 fienry Dengolesk�y
604Q niandalay
A-57 Nona B. gharp
P. 0. Box 333
Glsarvtater, F1.a�.
A-58 Roga 1, Inc .
215 S."o . �Tyrtle Ave .
Clearwater, F'la.
�-59 VJ. He Phillips
212 N. Nladison
Clearv�ater, Fla .
A-6Ci Alr. John T. Balch
Box 4
Rysley, ��iss.
1�.-61 Cl�s. 8. Thompson
378 May St.
Elmhurst, Illinois
A-6� Frank Ee Bertha S'. Campbell
25 So. Highland
Clearwater, FIa.
A-63 Thos. H. B1ack
Pla. Power B1dgo
Propert�*
Descript3on
Lot 11, Block B
Crest Iake Sub.
Lot I0, Block B
Crest T,ake Sub.
Lot 10 & South 2
of ��t 8, Block B
Crest Iake Sub.
I,ot 39 - Lon�;viePr
Subdiviaion
Lot 2 - Block B
Pea].e Park Sub.
Lot 6, Block B
Resub Fadgett Est.
Lots 7& 8, Block B
Resub Fad�ett Es�.
Lot 2, - Block A�
Sag Terrace Sub.
Lot 8 - Block A
Paale Park
Lota 10 & 11
Block A
Druid He3gh�Ls Sub,
�ot 13 - B1ock A
Druid Heights Sub.
Es�timated
Itlowing Char�e
yp1.50
1.50
�.00
1.�0
2.00
1.50
1.50 each
1.50
2.50
2.50 each
2:.50
PASSID AND ADOPTLD 3Y TH� CITY CONIhTISSIOPd of the City of Clearwater,
Florida, this 16th day of Julq, A. D.� 1951.
ATTESTt
H. G. VJingo
ity Auditor and Clerk
Herbert A2. Brown
Mayor- ommissioner
Hon. City C�xm�isaion ^ J111y 11, 1951
Gentlemen:
'�'he City of Clearwater personaZ property taxes listecl on the following
sheets are apparantl� 1°Uncollectable�� for the reasans given in the remarlcs colunn.
It 3.s raquested tL�at the Clerk be authorized to cancel all, or aueh
part of these t�xe� as the Commission coneiclers advisables
HGW�sn
Respectful].y,
H. G. i�in�o
City Auditor and �ilerk
���
CITY CONtIvITS:i�TO1J �'1��TING
July 16, 1951
Mayor-Commissioner Hsrbert M. i3rown,
Commisslonera:
Joe Turner, Herbert Blanton, Sr.
Thoinas Ha Black, Garland Lynn
Gentlemen:
July 1�, 1951
Re�ular meeting �f the City Corrunisaion vrill be held Monday evening � July 16s 19571
at 7e30 P. M. in the City Hall �to consider items or. the attached agenda.
PCM:�g
l.
2.
3.
40
5.
6.
7a
8e
9.
].,U o
11.
12.
13.
14.
Yours very truly,
F. C, n�iddleton
City b7anager
AGENDA
Approving minutes oP regular meetin� of July 2, 1951,
City Mar.ager�s reporfi on y�lorlQnan►s Compensation Tnsurance.
Bea�h T,ease Cormnittee t s report on:
A. LIiniature Golf Courae I,ease.
B. Everingham Pavillion Is�se.
Presentatior. of lease for Junior 5arvice League.
Clerk�s report o� re,ueipt oi Special Acta of Florida Legislature.
Clerk►s request for authori�y t� cancel uncollectable personal propert� taxes»
Tabulation oP bids and Citg NanagerTs recoirnnendation for the purchase of<
A. ffrane and Half-Track.
B. Dry Clesning Por Police and Fzre Departments.
Approval of following ga� F� water main extensions:
A. 8001 of 6�p water main extension on Codan St.
Estimated Cost - ��2,500,00
8. 3].5 � of 2°� water main extension on Dougl:as
Avea - Estimated Cost - � 315,00
C. 900i of 2« �°ater main extension en Dru3d
Road - Estiriated Cost - �p 600000
Following costing less than �300p00 and approve�l by City i�ftana$er:
(a} 63� of 2�P water me'_n extension on VJoodlati�n - Est, Cost �Ti0,00
(b) 358� of 2�' vrater main ext. on Small�vood Circle - Est. Cost -�260.00
(c) 280� of 2° water rnain ext, on Rogers St, - Eat. Cost --�200,00
(d) 400+ of 2�� water m2.in exb. on Missouri l�,.ve. a Est. Cost � d,�"270.00
(e) 360� caf 11B gas main exte on pichards Ave. - Est. Cost - �1�70.00
(f) 200+ of 2,2�� ga� raain ext. on Plumosa. - Est. Cost -- 125,00
(g) 500+ of 2�� gas main ext. on Bay Esplanade - Est. Cost -- 296.Q0
(h) 462� of 2° ga� main ext. on Bettr Lane - Est. Cost -- 280,00
(i) 168► of 2�' water ma3n ext. on 1Vasrzington Ave. - Est< Cost - 125.OQ
Resolution requeating property ownera to motv their lots of weeds ar�d grass.
Corrnnission9s report on Quit C1aim deed from City to Donald Gochran.
City Planager►s report on street lights for:
A. Finebrook
i3. Venetian Point
C. Jnit ,-f5' - Manclalay Subdivision
Commission�s Cor,mlittee report on Pinellas �ounty nroposed water works system.
City I�4anager►s report on State Road Department repairs to Draw Bridge on
Causevray to Clear��ater Beache
Any items not nn the agenda vrill be consldered by consent of the co�n3.ssiona
Adjouxnment.
Counnission acting ae trustees of Pension b'und on appiication for mamber�h.ip in
Pension Plan,
n4r. Francis A�Iiddleton,
Jul� I7� T95�
City hianager,
Clearwater, Florida
Dear D4r. �Iiddleton:
I would lil�e to respectflzlly request, if it meets with your approval, tY�at you asl�
�he Co�mni�sion for a tranafer from the Cigarette Tax l�nd to the Ganeral F'und in tha
amount of �28,5Q0.00, this money to be used in the fol�owing order:
Acquiring Ghesnut Street ri�ht-of-way Eaet of Greenwood _- �15,�00,00
South Oeceola Paving _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ �6,500.00
Myrtle Avenue Paving - - _ _ _ _ ., _ _ _ _ _ _ _ _ _ _ _ _ �7,OOO,QO
This transfer is made neoessary at th,is time due to the heavy dra3n �laced on our
caski resources by these jobs, two of which are now in progrese.
Ver� trul� yours,
Franl� Abarnathy
FA:bb City Treasurer
CITY COMMISSTON atEETINC�
JSzly 16, 1951
�'
Chapter 27463. No. 9F34�
{House Bill No. 94�7)
A?�i ACT TO AAI�PTD CHAPTER 9710, ACTS' OF 1923�
RELATING TO TIiE CFIAPTER OF THE CITX OF CLEAR-
VJATER, PIIdELLAS' COUNTY, FLORIDA, A NiUNTCIPAL
CORPORATION, BY ADDTNU Ai� ADDITIONAL S�CTION
TOA T�iERETO; AUTHORI2ING THE CITY TO REGULEsTE
SUBDTVISZONS AS TO TI3E An40UNT, I�IN'�..�, TYPE �1I�ID
SPECIFICATIONS UF PUBLTC Ib7PROV�4ENTS; PROVID-
ING N'OR ftEPERENDiJIuT .
BE IT ENACTED BX T1� LEGISLATURE OF THE STAT� OP FLflRIUAe
Seation T. Chapter 9710, Acts of T923, is hereby amended by addin� an addi-
t3onal Section SOA, to read:
��Section I:OA. The City Coimnission �f the Cit� of Clearwater is hereby em-
powered to regulate by ord3.nence all terms and conditions under vrhich the City Mana-
ger, as Stiipervisor of P1ats, shall approve all plata• of new subdivisions and re-
vi�ions and extensions of existing subdivisions within the Corporate limits of the
City and such posver shall include, but is not S3mited to, the right to pres�.cribe
by ordinance of the Commission and rules and ragulatior.s promulgat�d by the City
Manager the amount, kind, type and specifica�ions of publ3c improvements that the
owners or developers of such subdivisions, extensions or revisions she�ll be re-
quire3 to plaae and install or agroe to place and install in said aubdivisions as
a condition precedent to the approval of the plats of new subdivisions and ex-
tengions axid revisions of existing subdiv3sions located within the corporate
limits of ths City and the right to sell lands therein. The City is hereby em�
powered to, by ordinanco of the City Camrnission and rules and regulations of the
City I,ianager, prescribe penalties for the v3olation of any and a11 such ord3nances,
rules and regulations and such penalties may include, but shall not be limited to,
the prohibition of 9ales of lots and parcels of land in any and all such subdivision�,
e�tensions or revisions until the owners or developers of any and all such sub-
divisions, extensions or revisions have complied with all such ordinances, rules
and regulations as shall be orde3.ned by the City Cormnission ar�d promulgated by ths
Gity P,4anager under the authority of this Act.
The Gity T�ianag�r shall be the Supervisor of Plats of the City. fie shall v+3thin the
scope of the Gity Ordina�cas adopted under this Act, prescribe and promu]igate rules
and regulations for carrying out and effectivelv enforcing all of the provisions
of such ordinances, rulea and regulations. Ia� plats, sub-dividing land within the:
corporate Iimits of the City of Clearrvater, :.nall be �ntitled to recos�d in the
office oi the Clerk of the Circui�t Court of Finellas Countg without tha written
approval oY the City niana�er eP the City of Clearwater being endor3ed thereon."
Section 2. This Act shall not taka e=fect until it 3s approved by a ma3ority
of the qualified electors of the Cit� of Clear•water, Florida, votin� i:� an alection
�o be called by the City Cozmnission of the City of Clearwater, Florida.
2
Became a law �+rithout the Governor�s approval.
Filed 3n Office Secretar, of State June 11, 1951.
Chapter 27464. No. 985
(Houae Bill No. 948)
AN ACT TO AhI�PTv SECTIOrt 10 OF CIiAPTER 10393,
AC`PS OF 1925, REI,ATIIIG TO A SUPPLI�'IENTAL,
ADDITIONAL AND ALT�RDTATIVE IvIETHOD OF A�IARING
LOCAZ ID?PROVIIdIEP]TS OF THE GIT'�' OF CLEARVVATER,
FIARIDA, AND PROVIDIPTG FOR SPECIAL ASSESSh2EN']15
FOR THE COST TfiEREOF; AiLT'Z'FiORIZING THE ISSUANCE
AND SALE OF BONDS OF SUCH I�iTNICIPALITY AND
SETTING EFFECTIVE DATE.
BE IT ENACTED BY T'rIE LF:GISI,ATURE OF THE STATE OF FLORTAl�.:
Section 1. Section 10 of Chapter 10393, Acts of 1925, is hereby amended to read:
tPSection 10. S'aid assessments sha11 be made and appor�ioned as the governin
aathority may determine, and th� governin� autiiority maJ diroct that the cost and�
expenses of the improvements herebg authorized shall be apportioned as follows;
The whole, or such portion as the �;overning authority znay fix, may k�e assesaed
upon property specially banefited by the 3.mprovements in proportion to tha benefit
to be derived therefrom; or, if the governing authority ahRll i'ind thFzt all propertg
abutting upon or locatod in the irrmiediate vicinit;� of such improvements 3s speoia].l�r
benefited, it may direct thmt the whole, or such part �f the coat and expenses thereoi
as it shall fix, be aesessed against the property abutting upon or located in the
immediate vicinii;y of sai.d improvemont� accordin� to the fronta�e or the area �hereof
or both such frontage and area as said governing c�uthorit�j'sha11 direet.�'
5ection 2. Th3.s Act shall take effect irmnediatoly upori its becoming 1aw.
Became a law without the Governor�s approval. Fil:ed 3n Of�3ce Secretaxy of
�tate �'une `ll, 1951.
�.,�r �''
CITX CON'�tISSION IvIEETTNG
Ju1y 16, 1951
Chapter 27�65. (Noo 986}
(House Bill No. 949}
�
AN ACT �0 AMENI) SECTIOPTS 51 TO 76 INCLIISIVE OF
TIi� MUNICIPAI, CHARTER OF THE CITY OF CLEAR4VATER,
PIIVELLAS COUNTY, FT,ORIDA, BEIrTG CHAPTER 9710,
ACTS OF 7i923� AI1D TO FURTHEr� AMEND SAID CHAP`P.�R
9710 BY ADUIITG THERETO S�CTIOPT 7611, R�LA,TTYJG TO
THE CITY GL�RK AI� THL' CITY TREASURER; PROVTDIIJG
FOR THE2R POW�RS AAID DUTTLS; AIdI3 PROVIDING FOR
�FERENDUrI .
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF FLORTDA:
�ection 1'. Section 51 of Chapter 9710, Acts of 1923, is hereby amended to
read:
"Ssction 51. City Clerk: Dutiea of, --. There sha11 be a Citp Clerk, who
shall be appointed by and serve during the plea�ure of �he City Cormnission, and
who, under the supervision of tha City b7anager, shall be the Director of the
7�epartment of Records and Taxation. He ehall keep an account of all taxes and
asseas�ents.°
Section 2i. S'ection 52; of Chapter 9710, Acts of 1923, is 2iereby a�ended to
read:
��Section 52. Preparation o£ Estimates. -- He shall make or cauae to be
made, estimates o£ the expense of any vaork io be done by the City, shall sign all
contracts inade in beh�lf of the Citg�, and certificatea of work authorized by the
City Commiasion or any other City Official. No contract made in behalf of the
City or ,. which tlZe City is a party, shall be valid unless signed by the City
Cle rk. ��
Section 3. S'ection 53 of Chapter 9710, Acts of 1923, is hereby amended to
reade ,
��S'ection 53. May Adrainister Oaths. -- He sh�11 have pov�er to administar oath�
for the purpose of ascertaining the facts xelating to any charge or claims against
the City, made or claimed b� any person, nartnership, association or corporation
whatsoever, he shall inquire into and inform himself as to the legality of all suah
elaims to be paid out oi the City Treasury, and the facts a� to the deliverq or
rendl.tion thereoi' or against the City, and for this purpose he shall have the
pov�es to require evidence that the amount ot' any claim is justly due and in con-
formity to law ancl ordinsnces, and for that purpose he may sununon before him every
officer, a�ent or emplo,yee of any department of the inunici�ality or any other
person, and examine hirn upon oath or sffirmation relative thereto.��
Section 4. Sectian 54 of Chapter 9710, kcts oi 1923, is hereby amended to
read:
°S'ection 54. Dutiss in Connection with City Couuaission. -- The Cit,y Glerk, in
d his capacity as Cler3� of the City, eY�a11� attend all meetings of the Cit� Commission
and sha11 ]�eep a journal of its proceedings, tha correctness ,of which proceedir,o�
as entered in such juurnal shall be certified to after each meeting by his signa-
ture, and bg the si�na,;ure of the presidin� officers oP Lhe Ci�y Corn�ission. He
shall, be tho custoclian of the seal of the City and of all records and papers of a
general character pertaining to the affairs of the 11lunicipality.°
Section 5� Section 55 of CYiapter 9710, Acts of �923, is hereby amended ta
read:
��Section 55. Assessor of Taxe�. -- �he City Clerk shall be the ex-officio
Assessor of Taxes for the City, except as provided in Chapter 26160, Acts of 1949.1°
S'ection 6e Section 56 of Chapter 9710, Acts of 1923, is hereby amended to
read:
°Sect3on 56. Contracts, Plarrants, Certificates, Deeds, Etc., VVho to Sign. -
All contracts, bonds, time warrants, certificates of indebtedness, improvement certi-
ficates, redemption certificates, tax certificates, deeds and o•cher legaT obTigations�
and instruments, shall be signed by tiie City Clerk and the City ASana�er, and countsr-
signed by the lYfayor-Commisgioner, or the Acting I�iayor-Co�rnnissionera.
Section 7. Section 57 of Chapter 9710, Acts of 1923, is hereb, amended to
read:
�'S'ection 57. Other Uuties. -� In addi�ion to the duties s�ecifically imposed
under i;his Act, the City Clerk shall perform such other duties ae may be required
o.f h3.m by ordinance or resolution of the Cit;y Commission, as well as such as may be
required af City Clerks by the general laws of the State, applicable to munici-
palit3os, and not inconsietent with this Charter or with any ordinance or resolution
passed by the C3�y Corrnniasion.�'
Section 8, Section 58 0£ Chapter 9710, Acts of 1923, is hereby amended to
read;
°Section 58. City Treasurer. -- There sha11 be a City Treasurer, who shaT1 be
appointed by and servo during tha pleaeure of the City Coramission, and who, under
���
CI'FY COD�iTSSION D4EL'TING
J`uly 16, 1951
House Bill No. 949, Conted:
the superviaion of the City 111ana�er, shall be Director of the De�artr;iant of Finance.
As City Treasurer he shall be the custodian of all moneys of tl�.e municipality and
aha11 keep and preserve the same in such mnnnex and in such place or places as
shall be determined by the City Cosrmiission; provided, that it sha11 be his duty to
invest or degosit in banks 3n Pinellas Countg, Florida, as saving9 acoounts or
other�v3se, any and all snonc�ys belongin� to the City, and collected and held as sinit-
ing iiznds; the investnent or deposit of such moneys or f'unds to be clone ox made bg'
competitive bids therefor, after due notice, or in such otl�er manner as iiz the
judgment of the City Coirmiission may be deemed best in the intereats of the City.
No moneys oi tho citg shall be investc�d in any class of secur3ties othe,r than
� first mortgages upon improtred real estate v�here the amaunt of the loan does not ex-
ceed fifty per cent, of the market value of the property, said property carrying
insurance for the benefit of the City in a sum not less '.lian the amoun{; of tha loan,
or 3n the purchase of interest-bearing United States, StatA, County, School Distsict,
or hunicipal Bonds, but no bond shall be purchased for a higher price than its market
price at the time of purchase. In mak3ng deposits of such sinking i�nd the City
Treasurer may select for that purpose any reputable National, State, or savings bank
or trust eorspany in the County of P�inellss, Floricla, and shall obtain the higheat
current rate of interest, and the Treasurer shall take from such institution or in-
stitutions, as security for such deposits, negotiable interest-bearirig United States,
State, County, School District or D•Iunicipal Bonds, or Suroty Company Bonds, in an
amount not less than the amount of such depos3.ts; provided thqt the investment or
depos �t of said iiznds shall be approved by the Citg CorrBnission in each and every
casa.
Section 9e Section 59 of Ghapter 9710, Acts of 1'923, is herebq amended to read:
�'Section 59. Interest IIpon Investment or Deposits. -- A1T monays due as interest
upon investments or deposits shsll be collected b� the City Treaeurer, and placed to
the credit of tY�e i�znd from ti;hich the investment or deposit is made, and any and all
bonds, and securities taken for investments and deposits shall be held by the City
Treasurer for safe-keeping for tlle benefit oi the Qity.°
Section 10. Section 60 of Chapter 9710, Acts of 1923, is hereby amended to
read:
1°Section 60. Collection�. -- The City Treesurer shall receive and co7_lect all
moneys belonging to the City, including taxes, license moneys, fines, and income
from a11 o�her sources, and he sha11 collect all special assessments as provided for
under this Act, and he shall keep accurate account thereof, axcept as provided in
Chapter 26160, Acts of 1949. •
Section 11. Section 61 of Chapter 9710, Acts Gi 1923, is herebg amended to
read:
"Section 6I. Payments; How A�Yade. -- A11 checks or warrants for the pa ment of
Y
money shall be signed bg�the C?ty Treasurer and counteraigned by the City NIanager.�"
S'sction 12. Section 62 of Chaptar 97I0, Acts of 1923, is hereby amended to
read:
"Section 62. ,�,ccounts of City Treasurer. -- The accounts oi the C3ty Treasurer
shall be examined at the end of each month by the City Auditor, to whom the C3ty
Treasurer shall turn over all v�arrants, interest coupons, bonds or other evidence
of indebtedness of the City which ruay hrzve Ueen redeemed by him during the month, tak-
ing th.e receipt oP the City Auditor therefor, and a11 8UC$ warra nts, intereat coupons,
bonds or other evidences of indebtedness of the City so turnecl over shall be can-
celled b�* the Treasurer and have written or stampecl thereon �he date of their payment
or redemption.��
Section 13. uection 63 �i` Chapter 9710, Acts of 1923, is hereby amended to readt
"Section 63. A�Ionthly Report.-- At the first meetin� of the �ity �ommis9ion in
each month the City Treasurer sha11 submit a detailed •report of receipts and dis-
bursemen-Gs.°
Section 14. Section 64 of Chapter 971d, Acts of 1923, is hareby amended to
.read :
°Section 64. Ylarrants; Hovr Paido--All vrarrants shall be paid in the order in
v�hich they are presentod, out of the moneys in the raspective funds on which they are
drawn. But no v�arrant for the payrrtent of z2oney sha11 issue on any i�,incl of the muni-
cipalitf unless and until there are moneys to the credit of the �und to be drav�n on
vrith which to pay such warrant.
Sec�tion 15. S'eetion 65 of Cnapter 9710, A�cts of 1923, is herobzf amended to
x•ea�;
"Section 65. A�ccounts of Each F'und.-- The City Treasurer shall keep a separate
account of esch fund or appropriatian; and of the debita and credits pertaining there-
to. He ah�ll prepare receipts in duplicate for all moneys paici into the C3ty Treasury,
delivering the orig3.na1 receipt to the person payin� same, retaining one copy for the
files of his officeo°
Saction 16, 3ection 66 of Chapter �3710, Aczs oi' 1�323, is herebf amended to read:
��Section 66. IvIoneys received on Aecount of Spec�al Assessmonts. -- ,All nioneq��
/��
CTTY COPJfi+iIBS'IO2d hiEETTNG
Julg ].6, 1�351
Housa Bi11 No. 99l9, Cont�cl:
received on account oP any special assessment shall be held bg the City Treasurer
as a spocial fund from wh3ch payment shall be made only on account of t he improve-
ment i'or wh3ch such asseasment was made, and such money shall be used for no other
purpose whatsoevere��
Section 17. S'ection 67 oi Chaptrer 9710, Acts oY 1923, is he-reby amended to
read:
��Seetion 67. Deputiea.-- The City Treasurer, by and with the consent and
approval oi' the Citg D4ana�er, may appoint Deputy Treaeurers, who, when appointed,
sha11 have the same powers and authority, and shall conforrn to all rulea and reg-
ulationa of the City, and of law as the City Treasurer is subjeci: ta.°
Sectlon 18. Section 68 of Cliapter 9710, Acts o� 1923, is hereby amended to
read:
��Section 68. Depositories; Hor*r Designated.-- The Gity Commission shall fi.x
the time, and the regulations under which banks oP Pinel.las County, Florida, may
apply for and may be designated as Ci�y Depositaries.��
Section T9, Section 69 of Chapter 9710, Acts of 1923, is hereby amended to
read:
��Section 69. Banks to NIake �'onthly Reports.--Anq Banks actin� as City
Depository shall ma ke monthly reports to �he City Commiseion, through the Cit�
Clerk, showing �he balance on hand at the beg:tnning of the month, the sum received
and paid out durin� the month, Ualances on hand at the end of the mQnth, and shell.
return vrith said report all checks or warrants properlq cancelled, rrrhicn. the said
Bank ha� paid during the month,°
S'ection 20. Sect3on 70 of C2lapter 971U, Acts of T923, is hereby arnended to
read:
��Section 7�, City Commission to Establish Rules, Etc.-- The City Cor�ission
may, �.zpon racor.miendation of tha City p,fanager, establish rules a.nd regulations, reg-
ulating the deposits and withdra�r�als of funds of the Citys provided that the same
sha11 not be inconsistent with the provisions of this Act.'�
S'ection 21. Section 71 of Chapter 9710, Acts of 1923, is hereby amended -to
read:
°Section 7Ji. The City Treasurer shall issue all 4�arrant� for tha paynent of
money by the City, of a11 nioneys due to, and of all receipts and disbursements by
the municipality; and of its assets and liab3Zitias, azxl oi'all appropriations
made by the City Commission. He ahall submit to the City Cor.miission at its firsi
meeting in each month a co�plete and comprehensiue report covering the next pre-
ceding month of the recaipts and c�xpenditures:ancl of the financial condi�ion of
the Cityy which report may be published in a 1oca1 paper. Ae sha11 make and }.ceep
a list of the outstanding city bonds, to vrho� issued, ior �vr�t purpose, when and
v��here payable and the rate of interest they respectively bear, and he shall reco�and
such action fro� time to time to the City Commission, throug�z the City I�4anager, a�
�vill inaure punctual payment of principal and 3nterest of such bonds. In like
manner he ahall maY�o a list of all outstanding tvarrrant�, whethar ti.nie or deferred
payment, to vrho�i issued, for �ahat purpo3o, w�hen and where payable, 3f specified,
and the rate of interest thoy� bear, if an�*, an3 shall from time to time reco�end
such ac�ion to the Ci-�y Corr�ission, throu�h the City NIanager, as �rill insure the
punctual payuxent of pri.ncipal �nd interest of such outstanding warrants. t'ie sha11
furnish the �ity I�3anager at any time such reports, data, and information as may be
necessar,y to iu11y inforr:i the latter as to the financial a�fair� of the City, f�zr_
nishing him such estimates of the expenses of the City Government as �sy be necessary
to form the bnsis of the annual budget and to det9rr.iine the revenue necessary to be
raised er�ch y9ar.��
Sectiori 22. Saction 72 of Chapter 9710, �cts oi 1923, is hereby amended to
read:
"Section 72. Preparation of Estimates.--He shall keep regular books of accounts,
in which shall be entered all indebtedness of the City, and which shall at al1 timea
show the financial condition of the City, the amount of bonds, orders, certificates�
or other evidences of indebtedness outstanding, &nd the amount of a1T bonds, orders�,
certificates or other evidence of 3ndebtedness c�hich have been redeamed and shall
keep accurate accounts thereof, which accounts sha11 ahoY� for what purpdse issued,
to whom, and the amount thereof. He shall keep a 13.st of �ll certificates issued
for rvork or for any purpoae, and before the levy by the City Co�nisaion of any
special tax upon any property in the City, or any part thereof, he shall �'urnish to
tlze Ci�ty B4anagei� for the information of the Citg Co�mission, a schedule of all lots�
ar parcels of land which r,�ay ba subject �o the proposed Lax or assessrnent and �vhich
it may be noceesar� to levy on, which said schedule shall be certifiad by his affi-
davit and shall be prima #'acie evidence of the facts therein stated, in all cases:
where the validity of such tax ar aasessment shall cor,ie 3n question.
Acting upon euch schedule the Cii;y Counr:iss3on riay, if they deem such specia7l.
tax or assessmont le�al and just, causo the same to be levied.���
S'ection 23. Section 73 oi Chapter 9710, Acts of 1923, is hereby amended to read:
°Section 73'. Audit and Certificate of Claims, -- A1l c�.aims and demands�ag�inst
�b %
n
CITY CONIMISSION NIEET3NG
Jul.�r 1.6s, 1957.
House Bill Na. 949, Cont�d;
tl�e City, before they are allowed by �he City Commiss3on, shall ba examined and ad-
justed and thoir correctness certified by the City Treasurer. He ahal].]�eep a
record o#' his accounts and doings and a record of all contracts to wh3.ch bhe City
is a p�rty, with an index tlzereto, and such books shall be opened to the inspaction
of a11 partiea interested,�!
S�ection 24. Section 74 of Chapter 9710, Ac�s of 1;923, i� hereby amended to road;.
"S'ection 7�. 5ystezn of Accounts and Forms. -- The City Treasurer shall prescribe
and �equire, except as there may be prescribed an� required by la�v, the use of a,
plain and un3form system of keep3ng books of accounta by all c3.ty departments,
officers or employees who are char�ed �v3th the raceipt or disbursoment of any of the
i�inds o£ the City, or who may l�e authorized to purchase materials or supplies or to
employ labor for the City; he shall prescribe the form of vouchers or other evidenc�o
of the recaipt of n2oney from the City or for the establisrmsnt of aer,,at7as aga3nst
the City; he shall require a daily report from each departmen�;, office, officer, or
employee of the City ieceiving and disbursin� funds of the CitSr, shawing all sums
received and dis"pursed, from what source and for tivhat purpose.f�
S'ect3on 25. S'ection 75 of Chapter 9710, Acts oi T823, is hersb�r arnendecl to read:
��Section 7�. Financial Reports And Reports. -- The accounting procedure es-
tablished in the office of the City Treasurer gha11 be &dequate to pr�vicle a record
in detail of all transactions affecting the acquisition, cus�odianship, and dis-
position of' values, includin� cash receipts and disbursamsnts, and auch facts shall
be so presented in the report vrhich he is required to render periodically, and sha11
be supported vrith. such sunmiaries and analytical schedules as ma; be necessary to
sho�v in @etail the full account of such transactions for each fiscal �ear, upon the
finances of the Citg and the relation to each departmant of the City government, ln-
aluding distinet sunm�aries and schadules for each public utility owned and operated."
S'action 26. Sectioiz 76 of Ghapter 9710, Acts of 1�J23, is hereby amended to
readr
�tSection 76. Close and Audit of Acco�nts of Officials. -- Upan the death,
resignation, removal or e�piration of the term of office of an� officer, the City
Treasurer shall audit his accounts, and if such officer shall be found to be in-
debted to the �Iunicipality, the Gity Txeasurer shail at once give notice thereof
through the City RIanager to the C�ty Coimnission and to the City Attorne�y and the
latter shall forthMit� proceed to collect ths eum of such indabtednesso�
S'ection 27. Chapter 97Z0, Acts of 1923, is hereby amended b� adding thereto
Section 76A to read:
��Section 761A. Shall list Securities and Bonds. -- Tho City Treasurer sha11
keep a list of all securities held by the City Cozmniasion for the benefit of the Cit�*.
$e shall keep an accurats li�t of all bonds held by the Cit�, and shall know when
and where interest coupons or other interest shall be paid.�
Section 28. This Act shall not take effect until a�pproroed by a msjority of the
qualified electors of the City af Clearwater, Finel.las Countg, at an election to be
caTled by tne G:Ltg Commission.
Became a lavr without the Governor�s approval`.
Filed in Office Secretary of State June 11, 1951
Chapter 27466. No. 98'i
(Houss Bill 2do. 950)i
AI� ACT TO AUTHORIZE AND �D'1PONJER THE CITY OF
CLEARP�IiTER, PIi�]ELIAS COUPiTY', FLORIDA, TO
APPOIIdT A CITX PROSECUTOR; TO PRESCRIBE TH�,
DUTIES, �IIALIFIGATIONS A2TD TERIdi OF OFFTCE OF
SA.ID CI'IiY PROS�CUTOR; PROVIDIDiU FOR HIS
COS�IP�rdSATIOId; AZ�D SETTING EFFECTIVE t�ATE.
BE IT ENACTED BY THE LEGISLATURE OP 7�i3.; STATE OF F�ORIDA:
Section 7�. The City of C7.earvrater, Pinellas County, Florida, a rnuziicipall
corporation, is hereby authorized and empowered to e�pla,y a City Prosecutor whoe�
duties sha11 be to pro�ecute in the h2unicipal Court of the City of Clearwater, 3n
behai� of the City; all such aases and claeses of cases as the City Corrrtnission shall
direct and he shall diligently� prepare a11 necessary proceed3.n�� on appeals of de-
cisions of said Court to the Circuit Court and other Courts or A�peal and aid the
Citg Attorneq in the handling and prosecution oi euch appeals to final decisioi�. Th6
City grosecutor shall also perform such oiher duties as �he City Cormn3ssion ahall
from time to t3me preacribe by reaolution.
S'ection 2. The City Prosecu�tor ahall be appointed by the City Cormniss�,ion oi the
City oi' Clearr�ater and his term�of office shall run concurrently tivith the term of
/6�
CITY COMR4:CSS'IOZT 1�[EF'TING
Jiz1.y 16, 1951
iIouse Bill No. 950, Cont►d:
office of the Municipal Judge oi the City of Clearwater aud he shall aerve durir�
the pl,easure of i:he City Commission�
S'ection 3. The Gi�y Proaecutor shall recaive such salary or remunaration as
the City Connnission o£ the City of Glear�rrater ak�all r�etermine.
.__ �
/�,�
Section 4. Th� City Prosecutor shall be a dul� qualified attorneg at law with
at leasi; si.x monthn practical, experience in 'tl�e practice of law and sh�zll have beerz
aclmitted to and have authority to practice in all the Courts of the State.
Sect3on 5. This Aci: ghall �ake effect immediaLely upon becoraing Iaw.
Became a law without the Governox+s �ipproval.
Filed in Office S'ecretary of State June 11, 19571
Gh&pter 27467 No 988
(House Bill �o. 951)
AN ACT DECTARI�TG CERTI�IIJ BODIES OF P7ATER VJITf;IN
THE CIZ�Y OP CL�ARWATER, FLORIDA, T0 BE SALT
TNATER: PROIiIBI`PIATG THE USE OF I�TS OH SE1I�5,
�X(;El'TIIdG HAPID CAST NETS, FOR TFE FURPOSE OF
TAKTNG FIS$ �ITFIII'T SAID BODIES OF WA^ER; AIVD
PROVIVI2iG POR REFEREiTDUAi,
BE IT EI�ACTED BY TI� LEGISI,ATURE OF THE STATd OF' FLORTDI�:
✓�,
S'ec�ion 71. The following bodies of vrater 1'qing within the corporate Iimits oi
the City o.f Clearv�ster, Florida, are, and they are hereby declared to be entirelg
salt water and said salt vrater bodies of water are inhabited only by salt water fish
and a re not inhabited by sny kind or type of fresh water f ish, to-*nit:
_ Begiizning at tha intersection of the north line of Section
3�, Township 29 South, Range 15 East with the lor+ tide Zine
of Clearwater Harb�r, run thence west to the northwest
corner of Section 49 said township and ran�e, said north-
west corner of Section 4 being i.z the v�raters of Clearvaater
Harbor, thence in a northwesterlg direction through the
waters of Clearvrater Harbor and Big Pass i:o the intersec-
tion of the low tide line of tne Gulf of R�exico and the
most northerly point of Clearwater Beach Island, thence
in �z �eneral southerly direction along the low tide line
of the east side of Cleare�rater Beach Island to the most
southerly tip of Clearwater Beach Island, thence south
through the v�aters o� Clear�vater Harbor and Zittle Pass�
to a line due �vest from a poln� 967 feet north oi' tho
southtivest corner of the northwest quarter o�'the north-�
east quarter of Section 21, To�vnship 29 South, Range 15
East, thence due east to the lovr tide line of Clear�va�er
Hsrbor, thence in a general northerly direction along the
, 1ow tide line of the v�aters of Cleasrysater Harbor to the
point of beginning.
Section 2. It shall be unlawiizl for any person to use or cause to be used for
the purpose of taking fish, �ny net or seine of a;n;y= kind or character within �ny of
the waters describecl in Section 1. hereof; providing horvover, that this sectior�
ehall not apply to hand cast nets when said cast nets can be east en d spread en-
tirely by manual effort without tho use of corks.
S'ection 3. The placing oi any net or seine of any liind or character excepting
cor�mon hand ca3t nets in any of the c�aters do�ined in Section I. sha�l' be prima faci�
evidence oi their use for tha purpose of taking fish.
S'ection 4. Any person violating an�� of the provisions of this Act sha11 be
guilty of a misdemeanor and fined not more than Five Tiundred (�500,00) Dollars or^
Thres (�) Mont�is imprisonmont or both such f ine and imprisornnent.
S'ection 5. If' any part or porbion of this Act s�hall bs held 3nvalid it shall
in no way aifect the rem�ining valid portions hereof.
S'ectrion 6. Th3s Act shall not become ef=eative until and unleas sane be rat3-�
fied by a majo��3ty of the qualif�ed electors of the Cit,y of �learo�ater voting 3n m
general or special election called and held in auch manner as ths Cit�* Commi3sion of
Clearwa�er snay determine for i;ha purpose of ratification or re jection thereof. Ndtli-
3ng herei�n conta3ned in thiN cl�use shall prevent �he submisaion of this Act at an
election in which othar S"pecial Acta or. measures are submitted for the purpose of
rat3f3.cation or rejection by the electorFte of tr.a C3ty of Cleartvater. In the event
of ratifioation of this Act the same shall 'oecome e�iective iivmediately upon the
offlcial deteruiiriatic�n of said ratii'ication.
Became a law withaut the Govarnorts approval.
F31ed in Office Searetary of State Jizno 11, 1951