The URL can be used to link to this page

09/17/1951 ..... ~~jl01; ni .. I I JA.l![~~~~;~;;;;~";' '., ,.".. . ,.. " . CITY COMMISSION MEETING September 17, 1951 . . -.,~.; ; " ~'1'::. . .... . ',". ;', 'J . :W ')~ ;1 'I '1 i i I I . ~< The City Commission of the City of Clearwater met in regular session at City Hall Monday, September 17, 1951, at 7:30 ~i, with the following members present: Herbert M. Brown Garland D. Lynn Joe Turner Herbert M. Blanton -Mayor-Commissioner -Connnissioner - C orlllTlis s i oner -Commissioner Absent: Thomas H. Black, Jr. -Connnissioner :j .J I I 1 i .1 , I i I i .1 i I I l 1 1 '" I i :J ~ j :1 i 1 1 I Also Present Were: F. C. Middleton C. E. Wa re S. Lickton Georr,e T. McCla.mma -Ci ty Manager -City Attorney -City En~ineer -Chief of Police .._._."r';~.rVt~'-;'":""1~ . ,.,}. The meeting was called to order by the Mayor. Commissioner Blanton protested that he had been misquoted in the Tampa Tribune with reference to the discussion which took place at the special Oommission meeting of September 13th relative to utility charges for utility servioe rendered by the City outside the City limits. Commissioner Blanton stated that it was his understand- ing the t the discussion took place for the purpose of ana lyzing the overall charge for wa ter and other utility servioes beyond the territorial l1.1ni ts and that the City Manager was requested to present to the Commission an analysis of these charges and the volume there of for the purpose of [';i ving the Commis sion a olea reI' picture ot. just what the situation was. Mayor Brown requested that the following be added to the third paragraiph o~ the minutes of September 13, 1951: ~e matter of utility charges for City owned utilities outside the City was discussed and on questioning Manager Middleton it was revealed that the users outside the City were paying 25% higher rate than the users in the City. However, the usera in the City pay an additional 10% utility tax. It was thought that the outside City users should be raised to where they were paying 35% more than the base rate in the City in oreIer to somewhat equalize this situation." Cannnissioner Turner moved that minuteaof' special meeting of' August 27th, regular meeting of September 4th~ and special meetings of Septenilier lOth and September 13th (this latter as amended), be adopted, in accordance with copies thereof furnished each member in writing, and that their reading be dispensed with. Commissioner Lynn seconded the motion. Vote was taken and Llotion unanimously carried. Matter of request from Phillips Motel to Zoning Board for Zone change (deferred fron September 4th meeting) was brought before the COIDnlission by Mayor Brown~ who stated that the Zoning Board had felt that their ruling of refusing to grant the re- quested 16 foot set back does not impose a hardship. Mr. Lloyd M. Phillips appeared in his own behalf requesting the 16 foot rather than the 20 foot set-back for pro- posed construction of motel. At the request of Mayor Brown, City Attorney read the hardship proviSion of the Zoning Act. Mayor Brown stated that while it was not his usual policy ever to deviate from strict adherence to the zoning law tha t he .felt in this case there were unusual circumstances warranting the serious consideration of the Connnission in making the exception requested. The Mayor stated that he was. im- pressed by the point made by Commissioner Blanton regarding a part of the lot being zoned for business, Which did allow location of buildings up to the property line with no set-back, where the other portion of the lot was zoned for R-2 use providing .for a 20 foot set-back and that this fact} together with the fact that there is at this time on the street adjacent to the Phillips property an unusually large number of buildings that are in the status of non-confor.ming use and which were built closer to the street line than 20 feet influenced the Mayor in altering his position on the matter. He stated that it was now his inclination to favor the granting of the ex- ception in this case. Commissioner Turner moved that after reconsidering the matter presented to us by Mr. Lloyd M. Phillips' that his request for 16 foot set-back on Betty Lane instead of a 20 foot set-back shall under the hardship clause under the Zoning Ordinance be granted. Commissioner Blanton seconded the motion. Vote was taken and motion unanimously carried. Matter of J. K. Cass plat was brought before the Commission. Connniasioner Turner stated that he and Commissioners Blanton and Black went down and looked. at the foot of Turner Street regarding the set-back on ~urner Street, and found the s~ foot line extending on out at the approach of the City property down on the fill ad- jacent to the dock and that it comes out on the edge of the roadlmy and would jeopardize the City's property all the way along. At the present time it would not make so much difference but that eventually it would narrow down on tho riparian rights on the fill- ing. He stated that it was the unanimous conclusion of the three of them that the City should not do anything that would be tantamount to giving up that six feet Shown on the old plat. Commissioner Turner moved that the petition from Mr. C. K. Weekly for the City to vacate the six feet along the North side of Turner street and along the South side of J. K. Cass Subdivision be denied. Comnlissioner ~nn seconded the motion, which was voted upon and carried. Mayor Brown made the suggestion that the City Attorney render further report on this ma. tter, assuring the public ownership of this property. It was decided by consent that this should be done. Public hearing was held on Court Street improvements. At the request of the Mayor, the City Attorney read Resolution authorizing improvements on Court Street fram Prospect Avenue to Greenwood Avenue. Mr. H. Lane Coachman, representing Mae S. Coach- man Estate, which owns property in this area, asked question regarding the amount and method of the assessment and asked whether it would be proper to raise this question after the adoption of the Resolution. Mr. Coachman stated he had no objection to the Resolution at this point. Mayor Brown read letter fr~l ~r. F. B. Cole. of the Liona .\ ',\. .. , .' . c. I. . ' :, I L \.::. '."::: :...... " . \ ~_~__ -...-too,__. . '." .n:",' <.;1", ;'.;.'Ii.:. .:;i[:\~0;rtiii);d",;" "..",.' , .' ""', \h~ 'i(:~~~l}j~;~'~ " " ' .< ......,.. >.\ . ~., " . 4 ..,',., ;.' . ,", J . ,.,.. , :, .'"(;,..',, ";::.'.:',:'":';';';;.c:.';,;,;,:,,,",,, "';'~"~""';, \::~:. ~tNf ..., .;~,;.:,Ll'. ';'~~~;~{~i~l;; CITY COhlMISSION MEETING September 17, 1951 i:..'..;.... f';:',':.' .,,'. " ," _t"._ '.' "'. ';;l,< .,;......':11. Club. Mr. Cole appeared on behalf of the Lions Club expressing no protest as to the work being done but reserving the right later for the Liona Club to object to the assessment. Mayor Brown asked City Attorney if legal requirements have been met as to the legal notices, etc. City Attorney replied that they had been pub- lished, together with request ~or bids. Mayor Brown then asked City Attorney whe- ther there :ts any portion of the charter under which we are operating. City Attorney stated that in levying asseamnents ~or the sewers we are operating u.nder the new amendment which Waa passed at the last session of the Legislature whioh authorized assessments on an area baais, and that under this Act paving will be levied on a front foot basis. In moat cases, he stated, the land has been traded for the paving assesB~ent so no assessment will be made. Mayor Brown asked whether there were property owners present who ob,1ected to the improvements and found that: there were none. All those present were in favor of the :hnprovements. Mayor Drown stated that he hoped that Bome day this extension would open out into Gulf to Bay, furnishinp; a new approach to this City. He tha nked those who deeded their property, also Commissioners Blanton, Black, and Turner for their work, in cooperation with Mr. Ks.brich, in securing this rir)1t of way. Commissioner Turner moved that the Reso- lution rer,arding the ~provements on Court street from Prospect Avenue to Greenwood Avenue be adopted. Conunissioner Lynn seconded the motion, which was voted upon a,nd tmanimously carried. Public hearing was held on Prospect Avenue. lIr. Mayberry ~ representing his mother, owner of the Park Street Automatic Laundry, appeared in objection to thesa improvements on Court street North to Park Street. After consulting with the City Engineer he withdrew his objections. Mr. H. La ne Coacmnan stated tha t he was in favor of the paving as far aa it goes but felt that at present it does not go far enough. He stated that as he understood it there were to be no sanitary sewers put down on Prospect Avenue. City Manager stated that it was felt there was need for storm sewers but not sanitary sewers. Mr. Coachman sta ted that if he wishes' to sell this property, which is suitable ~or business development, that the buyers would ob- ject to the purchase if there were no sanitary sewers as they would be unable to put down septic tanks. He also stated that it was his understanding some t~e ago that this project was to have everything done at once. 11ayor Brown replied that it was not possible financially ~or the City to do this work at this time, but that in- stallation of these sewers could be handled as a separate request at a later date. Mr. Coachman felt that at that point the City might refuse to grant the request. Mayor Brown and the City Manaeer assured him that it could be handled as a separate project at any time in the future as long as 75% of the property owners agree to it. Commissioner Blanton. Dlember o~ the Court street Connnittee, felt that Mr. Coachman should give an easement and that when he came in with petition of 75% of the abutting property that the CommissIon would undoubtedly agree to the work being done. lItr. Coachman then asked the estimated cost of stor.m sewers per lineal foot. City Engineer replied that it would cost about $2.20. City Attorney asked Mr. Coachr.1an whether he objects to the amount of 1Jnprovements proposed now or whether he is in approval of the present improveDlents but objects only to the fact that sanitary sewers were not in- cluded in the project. :Mr. Coachman stated that he has raised the objection that the improvement is not complete withollt the sanitary sewers for which he has asked. City Engineer stated that it was the plan to Inst~ll sewers in an easement along the back of the lots. Mayor Brown felt that this idea was a good one. Mr. Coachman said that the only objection he had to that was that the property on Ewing was residence pro- perty and was not valuable enough to warrant this improvement - it is unpaved and not. usable connnercially. He ~elt that the sewer should be down Prospect Avenue and the next one down Ewing street. City Manager sta tad tha t he felt tha t the City Engineer should be instructed to prepare an additional project for Prospect Avenue sanitary sewers. There was no one else present who had further comment to make on Prospect Avenue. City Attorney broup)lt to the attention o~ the Commission that there were no objections be- fore the Commission to the project. City Attorney then read Resolution approving work on Prospect Avenue. Mr. Coachnan stated that he had raised the objection that the improvement is not complete without the sanitary sewers for which he has asked. Mayor Brown asked Mr. Coachman whether he agrees to the rest of the project if it is approved. City Attorney suggested that a proper motion be made to sustain action on this public hearing long enough to take up another matter - that is, the sanitary sewer project, and that the City Engineer and City Manager be instructed to prepare the project, at which time Mr. Coachman's objections should be removed - that when the Gommis~ion re- turns to consideration of the public hearing that the objections would be withdrawn. Mr. Coachman raised the question of the amount and manner o~ assessments or this pro- ject, feeling that he wished to have this point clarified before giving his approval. City AttorneYI at request of Mayor Brown, read amendment of Section 10 o~ Chapter 10393: whioh relates to the levying of asses~lents on improvements. 1wyor Brown then read ~ portion of letter from Mr. Coachman in which he had outlined his objections to the pro- ject. In this letter Mr. Coachman had stated that he wished to have his property assessed on an area basis to the extent that the property is benefited. Mayor Brown pointed out that the amendment just read by the City Attorney authorizes assessment on an area basis levied on properties benefited in proportion to the benefit received. Mr. Coach.r.1an said the t he did not wiah to pay a.ny more than the other properties which a.re being benefited. He said that he felt that the City should assess his property only to the extent of the benefits received and that he reserved the right to pass on the extent of the benefit received. Mayor Drown stated that the City in levying the assessments determines the amount of the beneri t received. Mayor Brown sta;ted thalt in the third paragraph of Mr. Coachman's letter he had stated that the City had not sho\'l.Il a basis on which the property ,ms to be assessed. Mayor Brown asked Mr. Coachman if this point was now clear to him, and Mr. Coachman replied that this had now been shown to him. Mayor Brown asked ir he still wished to be recorded a$ having no objeotion& to t~Lis improvement going in. Mr. Coachman said he did not object to the improve- ment but that the interests he represents do not wish to be assessed for more than they are benefited. Mayor Brown said that in Mr. Coachman's letter he had stated that the desoription of the properties supposed to be benefited is de~ective. Mayor Brown asked it this had been clarified by looking at the map. Mr. Coachman said the Oity. Attorney would need to answer this question as he had had no opportunity to study the map. Cit1 Attorney reviewed for llr. Coachman's information the method followed by the City both now and for many years in making improvements from the time the request by the oitizens is made ror an ~provement to the time the assessments are levied. Commissioner i l /; f' 'I. .; , ..1 'J 1, J '; ~ 'J i ~ i ~ -, \ 1 1 j I I \ I j 'j I " J I 1 .l 1 j 1 I j 1 1 I 1 I , .' t." '.'. . .:,)~\ i .......... to'" ::."'i;\'><:'J1 "'}". :4 , 9 L .;.:.,:;~''':) '\.... ~:'... ,/ '1 ; ,1 , / . ~ ~l ~1 ] :l :1 ,\ :!} ] i . , .' '", ,',' . '.. " .:i .....;.~!,J.~..~;...r..:.';,.~!.;"' ~,.:..~.:.(;.~::t!;.~::. \ .~;..:';~'.~,...., CITY C~ThIISSION MEh~IUG S'eptember 17, 1951 Blanton moved. that matter of' pub~lo hearing be deferred until another matter is; taken up. COllllTlissioner Turner seconded the motion. Vote vias cast and motion unanimously carried. Commissioner Turner then moved that City Manager and City Engineer be authorized and instructed to prepare plans and specif'ications for ~ sanitary sewer project to serve the areas abutting Prospect, Park, and Court Streets and brine such plans and specif'ications back to the Comr.tisaion at ita next regulal. meeting. Commissioner Blanton nloved adoption of the Resolution as read by the City Attorney for Ule pavin~ and stonn sewer projeot on Prospect Avenue between Court and Park streets. Commissioner Uynn seconded the motion, which was voted upon and unanimously carried. . - ". > Public hearing was held on l\lar1anne street improvements. Mayor Brown stated that written objections have been submitted to this projeot. City Manager stated that it was proposod to DlD.ke an area assessment to Ino~ude stOn1t seVlers, necesBa~ curbing and oatch basins. City Attorney sta.ted that the public hearing had been legally advertised and Oity Engineer stated that property owners had been notified by mail by his DepartMent. 1/1ayor Brown questionod property owners present a.s to whether such noticos had been received and all replied affirmatively. 1~yor Brown instructed City Clerk to read objections reooived by mail. The City Clerk read oommunication from eleven individuals in this area. ~bis petition was accompanied by authorization from B. A. McGrew for his son to represent hfut in this matter; letter was also read fronl l.1c1.1ullen, tlcMul~en &. Pogue objecting to this improvement. Mayor Brown as ked tha t outline of proposed improvements be read. This was done by the City C1erk. Mayor Brovm questioned City Engineer regarding drainage ~n this area. City Engineer presented map showing proposed improvements and explained the suggested improvements. Mr. Cyril Pogue, representing the John S'. Taylor Trailer Park, stated that they felt that Mr. Taylor's property was not benefited by the drainage system, as he has a 10" or 12'" sewer a distance of' approximately 200 feet North of the South line of the Taylor property. ~ayor Brown questioned whether this stor.m sewer solved the entire drainage problem of the trailer park. Commissioner Blanton asked whether any drainage f'ro1n the trailer park ran into the streets. The City Engineer stated that his levels indioated that the trailer park Vias draining into the streets. The City Engineer furthor pointed out that the water i'rom the South side of the trailer park would drain into the proposed catch basin as shown on his plans. Mr. Pogue asked the City Engineer whether there is another drain pipe on the Soutn portion of Mr. Taylor's property directly east of Mandalay Drive at about 200 feet North of Mr. Taylor's property line. City Engineer stated that there was another drain pipe at the Norther~y part of the trailel~ park but the t this Vias outside the drainage a,rea ,as indicated on the map. The 1iayor then afk ed how l11any sewera go into the Bay from Mr. Taylor's property. City Engineer replied that there were two. Mayor Brown asked Mr. Pogue whether he thought that these sewers removed some water :from this area. Mr. Pogue answered that they did. lllayor Brown then asked Mr. Pogue if' he thought it removed a nlajor portion of the water. Mr. Pogue replied that they did. The Mayor then asked whether the City had an easerlent whore these sewers are loc&ltedo City Engineer replied that the City records indicated no such easement. The City Engineer also stated that part ot this sewer is under a building. The May-or then stated that these sewers were put in by ~lr. Taylor when he owned all o~ the property from the Gulf' of :Mexico to C~earwa tel' BB y. lIe inquired whether any easements were given to the City for this sewer. The Engineer replied that the records did not show any ease- ments dedioa.ted. }dr. Pogue asked the City Engineer llia opinion of what percentage of wa ter draining fror.l the trailer park would go into the proposed seVIer project. Engineer replied that unofficially it was proportionate to the area but he would not say to what extent. He went on to say that it is not on~y a question of area but to the permability of the ground and j.nasI!1uch as a major portion of the trailer park area is paved very ~i ttle wa tel' gets into the ground. COIl1lt1issioner Blanton sa id that objections had been heard and thB t the City should go on and deterIl1ine what should be done. Mr. Iwnn stated tlmt a question Imd been raised to the etrect that it will take months to put tile project in. The City Engineer stated tl~t it would take about ~5 days to complete this project. Mr. Lynn then stated that 45 d~s would not sfrect the tourist season. 1~yor Brown asked the group of property owners present if they thought 45 days would afrect the tourist business. They replied that it would not. He also asked several of the oontractors present if they thought that this project could be completed within 45 to 60 days. They all replied that it could be. Mayor Brown then stated tha t this pro jec t could be started in11llediately and could be completed in 45 to 60 days. Gen. Randa~l, o:f East Shore Drive, one of the property owners who signed the petition~ said that i~ this could be started inmediately, and if half' the street at a time could be left open that he would not object to the ~lprovem6nt. The Mayor said that }18.1f the street undoubtedly could be left open at a time during the work and asked w11ether in view of' the f'act that 'the work could be done in 45 to 60 da;YG if there WaS anyone else who wished to withdraw his objections. Gen. Randall said that the situation is extremely bad and should be corrected as soon as possible and that while he did not wish to delay construotion he would like to l~ve the work cut into two projeots to ease the burden of assessment to himself and others, by the plan outlined by the City Engineer sorne t1r:le ago. City Engineer produced the map previously shown to the Cmmnission at another meeting and stated that he lwd been instructed at that time to work the project out as a caaplete project. Commissioner Lynn stated that he would like to see the entire job done and done 1nnnediately. He said that he believed it would be wiser to do all the work rather than divide it up as that would raise the cost of the assessment. One property owner said he did not see how a curb could be installed without ruining the parking areas. The City Engineer explained that a modi- fied curb could be used which would allow for both parking a-nd draina-ge. A.nother pro- perty owner said that some curbs had been installed and that they did not want the City to destroy their curbs and install new ones and then assess them for it. The Mayor ex.llla~ned that the curbs which the property owners have installed are o:ff of the pe.ved ~ight of way~ and are for parking purposes only~ which is a conmendable thing in his opinion, but that street curbs are installed for the purpose of keeping traffic back and keeping the water from eroding property. He further stated that ourbs tend to keep 1'tl1n water clean so that it will not fill up and clog catch basins. Mr. Marriott, a't 403 EBst Shoe Drive says that he has a shell fill for parking areas and that curbs would cause the shell to wash out. 'fhe City Eng1neer stated that. Instead~ _ curb would hold the fill. in place. The ltayor asked the C:1ty Engineer 'Whether the new syste:m. would eliminate flOOding conditiona, and the City Engineer replied that it wculd. Mre. . Irene Ji1nton, owner of Lots. 1.1 and 12 next to lilr. Marriott aJ.80 objected to the curbs ........''!---...... t!.', ' 'f~ . ~. . .i.- P~5\"!'~i"~t\i~J~1t; IYcIF;1.~~~'f';; , I','.,' . :', ""," '.'. f " lJ' , I i I ! i (, r r f ~ .. E . " ' ~ <. '..'; i..,.. , .'. t~ .....~'::;::..-2g'. ~ : ..', ~:i:t,:~j;:t~~~> ' t, ',: ,''.,,'-:,1;,'';':.: I I""", ' ." ;' ~., . ~ : . .. , ;,,:..' ~,;B~~, .1, \'::il:",,;;,;,:ij~;;k''';::i'~i' ':"" . '~:}:/;;':};:J(':;~F~~,:1,:t .,...,'1'.'>" 'J.,.,.... ." '{:0':M;>"! . .:.~ . - . :~ , ?1 :1 oJ 1 \.../~ ! ',. :~rl"r.''" '. , / I 1 'I r I I I ) : i . ! ! j j - '.( . ~ J l ! , j ;'1 .' :.' . . i , . ......, - .'.- .;' - ,;',"..~;.,~ :::~"~~:';" ~,."... ,... ".', . . .,... .,..,,:.'; .'~:;'.~ "';~'~~;~'~,~;!~"::.:!:",<..k~'~;~h;~::,"r~~;':;l'~:':!'.';,. :,;;.::~:.:; 1;: ~q,t. '. . "".. 1 ',"--'''''' '.' . '~~i~(:1ir~.t\,i.. '. Jl' r.'",: ".,... 'i~:.<:.,..':: . . ~', .y CITY COMMISSION MEETING September 17. 1951 and gutters. She said that the 12 It 1 f1ewer line s drain the wa tel' from her property. Mayor Drown replied that if this 12ft sewer ever fails to operate the City cannot fix it due to the fact that it is on private property. Mrs. Hinton further objeoted to the curbs and gutters as being detr~ental to her business. City Eneineor further explainod the construotion of a l110dified curb. She auid that the improved propertie8 are a1J. built up with fill, and COllm11ss ioner Blanton pointed out that the improve- ments to the propertios a re causing excoss ive drainage into the streets, that before the properties wore improved the drainage went into the lower propertios, creating a small J.ake. Mr. Horbel"t L. Blount, who statod that he owned Lot J.l and is repre- senting Lot 10 on the West side of tho street, said that he :had discussed the more limited project with the Engineer and had understood that thore would be figure:f on the drainage from Poinoettia to tho nay only. The 1.1ayor, on advioe of the City En- ginoar~ stated that the coat of the projeot Vlould run betwoen at and 4t per square foot. Mr. Blount said that he objected to the improvoments on the ~round that hi8 property is already being drained and that ho tlleroforo will be receiving no benefits from the proposed 1nlprovemento. The Mayor DB 1<1 tho t 001;10 propartloB did not rece i vo benefits the same as others which are under wator for severol dayo at a time, but that nevertheless the same amount of Wa tor falls on each piece of property and that while one lot nlay not ha ve wa ter accumuln te liko others the dra inago on every lot oontributes to the entire drainage problem. Mrs. Ben Loge, property owner in this area, stated thn t ahe also objects to the curbs and r,utters. ~tllyor Brown aaid that he felt that petitlons should not be treated lip'htly and called to the attention ot the Conunission that slnce there had been objoctions to this project that deoision re- garding it should be given most serious thought. He called for an expression of opinion from the Commissioners. Commissioner Dynn again stated that he still felt the project should all be done at once. one of the property owners asked who would pay the cost of the projeot. Commissioner ~nn stated that the area benefited .nd getting the improvements would pay. He further sta ted that approximately 40% of the property is owned by the City and that the City would pay their proportionate ~re of the cost and that the remaining property owners would pay in direot proportton to the property they own. City Attorney explained that this was the legal method of assessment and the only method that can be employed under the new amendment to the speciaJ. assessment Act. Connnissioner Blanton moved that public hearing b& continued At a later da.te~ giving the City ConDl1ission a chance to study the prop08ition of con- structing Ii se1fer~ eliminating curb and gutter for the whole project, extending the sewers North on East Shore Drive, North on Poinsettia Avenue, North on Manda Jay to . point determined by the Engineer as a Korth boundary of this district and extend it West to a point as shown on the map, and assess!.1ont to be on a front foot ba sis. Com- missioner Turner seconded the motion. llayor Brown felt that further deliberation was not fee-sible as it has had long and careful study now. He f'eJ.t that putting storm 8ewers down the middle of' the street ra thsl' than curb a would cause more d1ssension and would coat more money than the other plan would. The Mayor asked the City Enp;ineer what the effect would be to leave out the curb and put in sewers only. City Engineer stated that it would not drain as fast. Commissioner Turner said that he feJ.t that if this job \~s not done in its entirety at this time that it would probably never be completed and that all property owners should feel equally responsible for the drainage in t~t area even though some did not have ss bad a condition to contend with as others. The Mayor asked Mr. Bruner, owner of ICing Cole Motel at Marianne and East Shore Drive wha.t his reactions were to this improvement. Mr. Bruner stated that he approved the entire project and felt tl~t it should all be done and assessed on an aroa basis. Commissioner Blanton stated that it was his undel"standing that the Commission 80me time back had expressed the idea thut in the future they were going to follow the policy of install- ing curbs and r,utters~ong with storm sewers on all future projects when at all feasible. Mr. Middleton stated that it would be possible for the City to send a, street sweeper to the Beach area if there were curbs installed over there - that suoh a sweeper can operate efficiently only when there are curbs. Cormlissioner Blanton withdrew his motion, with Commiss.ioner Turner's consent. Connnissioner LYnn moved the entire job be done as a cmnplete job and assessment made on an area basis and that the City En- gineer and City Manager be instructed to proceed with it a~ quickly as possiblo in order to have the work cpmpleted in 45 days. Commissioner Turner seconded the motion. At the request of Mayor Brown City Attorney read the Resolution regarding ~provements on Marianne Streot. Commissioner Lynn, with the consent of Commissioner Turner~ with- drew his motion. Cammlssioner Blanton moved the adoption of the Resolution just read in regard to the improvements on Marianne street. Connnissioner Iqnn seconded the motion, which was voted upon and unanimously carried. , I f ! t. :':',/H\ · Bids vlere opened by City Manager for Marianne street for curbs, gutters' asnd stor.m sewers as follows: Cone Bros. Construction Co., Tamp9J D. W. Drowning & Co.~ Daytona Beach Jack w. rawrence~ IJargo alId E. I. Rutledge Co., St. Petersburg Smith Sweger Co., Clearwater Guliani~ Tarpon Springs Stanfield Construction Co., Tampa W. D. Owens, Clearwater $12.088.00 14~1:.95.00 10~784.50 11.2'76.00 l2~610.00 l4~007.00 13~338.00 Oammissioner ~:nn moved that bids be tabulated by the City Manager and recommendation brought back to the Commission meeting at his earliest convenience. Cammis5ioner Blanton seconded the motion, which was voted upon and unanimous]y carried. Bids were opened by the City Manager for the extens:ton paving and curb of . Prospect and Gr~enwood Avenues~ aa folJ.ows: Guliani~ Tarpon Springs E. H. Holcomb Co.~ Largo W. H. Ar.mston Co.~ Dunedin Cone Broa. Construotion Co. CampbelJ. laving Company, Clearwater $13',7'72..50 J.]...057.60 11.887.00 13.250.50 lO~514.l0 "'" k~' !JPl~" ' , )~:.:~,~~."!~;. . '~~!. .',' ~.>: ~"." >-'J . "~"~ ;.! rf....--. '<"':it~~;~;;\:."'r;<'i"i'. .. :~.. ." " . '". 18,444.50 21,410.00 19.620.00 '::~~;;;:~:::i,~~:;.~~:,;~~;~~~,~.;,ili;;t1;.?~:bJ~h~;~\L~\;~(",,>:. :" ">:(} ""', .7."t..',.."".\..i..:,;',..;.. ',"'; ":..' ;t,", ~.. . ..~~:.;>~.:~:~~./jAj:' .~~: )i~'I:" .'" .:. '1,': ':" . i. ~.! '. , , . I I ! [ r :,..1.... .. .~~,......~._':.....~_..:.. ._:'~'~~..:._:_~. ,._..... _u~..__." a~~ , ....1.......... .~.;:_... . ....--.....: ;.....: "._ .:::.... ...... F'; CITY COMMISSION MEETING September 17, 1951 Bids were opened for storm and sanitary sewers on Court St~eet by the City Manager a s follows r .~'/ '. "'?:':::':1 ~ ,". ',' '..........J ,\ . - . -, ~~..., : I \ ~ ~ \. !.." " !l '. ' , :t ,.:J w. D. Owens Construotion Co., Clearwater Stanfield Construotion 00., Tampa Guliani, Tarpon Springs Cone Bros. Construotion 00., Tampa Jaok Lawrenoe Co., ~rr;o E. I. Hutledge Co., St. Petersburg D. W. Browning Co., Daytona Beach Smith Swer;er Construotion Co., Clearwater $Jl8. 32.1" 00 22,393.00 15,103.00 20,010.00 , : I,:' ..,~..>\~.~.::.;., ;..' ~ '::",~,~"'f .~.~">\<~<,: 'j ;.~ ':, , ':} . } '\ Carrnnlssioner Turner moved that paving and curb bids for Prospect and Greenwood Avenues and Court Street improvements be ref'erred to the City Manager for tabulation and reconnnenda tion a t the next meeting. ConlIJ\issioner Lynn seoonded the motio~. Voto was cast and motion unanimously carried. w. D. Owens Construotion 00., Clearwater Gul!ani Construction Co., Tarpon Springs S.tanfield Construotion Co., Tampa Jaok I8.wrence, Largo and E. I. Rutledee Co., st. Petersburg D. W. Browning 00., Daytona. Beach Sm! th Sv/eger Construction Co., Clearwater $ 6,994.00 5,692.50 8,095.25 7,246.00 9,395.00 8,267.00 }, i I , i: I I l f I I f 1 . , k Bida were opened for storr.t sewers on Prospect Avenue by the City Manager, as~ follows: " "',. ,'. 1 ,. . ; Bids were opened for paving on Prospect between Court Street and Park street by City Manager as ~ollows: Guliani, Tarpon Springs E. H. Holcomb Construction Co., I8.rgo Cone Bros. Construction Co., Tampa W. H. Armston Co., Dunedin Oampbell Paving Co., Clearwater $13,063.00 1Q,368.90 12,238.00 11,271.50 9,790.30 Commissioner Turner moved that Oity 1mnaeer be authorized to tabulate bids on Pl~ospec~ Avenue and report at the next meeting. Commissioner Lynn seconded the motion. Vote was cast and motion unanimously carried. City Clerk gave report on inspection of voting machines whioh he had f"ound to be in order. Commissioner Turner moved that City Clerk's report regarding the special election to be held Tuesday, September ]8th, be aocepted. Commis'sioner Lynn seoonded the motion, which was voted upon and unanimously oarried. City Manager opened bids for two trucks, one ~or City Engineering Department, the other for the Public S~rvice Department, as follows: Orange State Motor TruCks, Tampa - Internationals ta,940.00 Thayer Motor Co., Clearwater - Dodge 1,263.90 ea. Butcher Auto Sales, Clearwater - Internationals' 1,292.50.00. Larry Dimmitt, Inc., Clearwater, - Chevrolets a,498.00 Commissioner Turner moved that bids. be referred to City 1.1anager for tabulation sma report at fUture meeting. Commissioner Lynn seconded the motion. Vote was taken ~nd motion unanimously carried. City ~mnager recommended the Arnerican-LaFrance-Foamite Oorporaition, Atlanta, Ge01"g~, bid on fire hose be approved. Conmissioner Lyun moved tha t the City lI~.nageJl" s recommendation be followed so that this fire hose may be purchased. Commissioner Turner seconded the motion, which was voted upon and unanimously carried. City Manager recommended that chlorinator be purchased from Wallace Tierman Co. at $4,050.00. Oommissioner Lynn :moved that City I.Ianager's recorlll11endation be followed. COLwissioner Turner seconded the motion. Vote was taken and motion oarried. Com- missioner Turner moved that Oity l.1anager be authorized to dispose of the old ohlorinator maohine by trading it in or by selling it. Commissioner ~nn seconded the motion, which was voted upon and unanimously carried. Meeting was adjourned by the Mayor at 12:17 AM. Mayor-Connniss e1" CITY COMMISS'I.ON MEETING September 17~ 1951 September 14, J.9a Mayor-COlJ11'l1lssloner Herbert 11. Brown CODnllissionerst Joe Turner, Herbert Blanton,Sr.~ Garland D. Lynn, Thomas H. Black Gentlemen I The City Commission will hold its reglllar meeting Monday evening - September 17~ 19&1- at 7r30 P.M. in the City Iml1 to oonsider items on the attaohed Agenda. Yours very truly, F. C. Middleton, City Manager F~~i~~fi I.....""""" ~ :',.'::.',:T;'i/' , ;.1,:]:, \!,::.::O ;~,;: . " :' ; j' I " ::,' :.' i" , FCMrgg , . . I f ! \ I AGENDA 1. Approving minutes of special meeting of Aug. 27, regular meeting 5eptembe~ ~ and speclal meetings of Sept. 10 and 13th. Publlc Hearings for improvements on: A. Court Street B. Prospect Avenue C. :Marianne Street Opening of bids for: A. Court Street improvements B. Prospect Avenue Improvements c. !~rianne Street inlprovementa D. 2, Piok Up Trucks - 1 for Fublic Service Dept. 1 for Engineering Dept. 4. Consideration of amenchnents to Occupational Lioense Ordinance #580 on its 2nd and 3rd reading. 5. Report of City Clerk on Special Election to be held Tuesday, Septmlber 18th. 6. City Treasurer's request to transfer rlloney from Cigarette Tax li'und to GeneJ1'all Fund . 7. Resolution requesting property owners to mow their lots of weeds and grSjss. 8. Commission Conmittee's report on: A. Request from Phillips Motel to Zoning Board for Zone cha nge. (Deferred from Sept. 4 meeting) B. J. K. Casa Plat. (Deforred from Sept. 4 loeeting) 9. Tabulation of bids for: A. Embossing 1~chine for Utility Dept. B. Fire Hose for li'ire Department. C. Chlorinator for Disposal Plant. , ,'..<:~..~:.. 2. 3. 10. Commission's consideration of By Pass Line at Sewage Disposal Plant. 11. Any Items not on the Agenda will be considered by consent of the Commission. Adjournment Commission acting as trustees of pension fund on application for memberShip in pension plan. ---------------------------------------------------------- September 17~ 1951 Honorable Board of City Conmisaioners Clearwater, Florida Gentlenlen: I have this day inspected the voting machines which are to be used in the Special City Election Tuesday, Sept. l8~ 1951~ and found the dials on all machines to be set at 000 and the macllines sealed and properly prepared for the election. The numbers of the voting machines, seals and nun~era on the protective counters are se~ out below: Seal. Machine Ho. (Garden Ave. S ta . ) Pro. Counter No. 65486 III 003953 65007 '11 003450 64963 II 004568 65549 It, 004061 (Clearwa ter Beach sta.) 65482 n 004239 65526 tt 002876 52226 46342 48096 46316 64720 .8'7951 HGW:mh Very truly yours; IS/Jr. G. \"lingo City Auditor and Clerk -:....~....,!(,.... "'-.- . '.~ . . - '., ~ '...' ~ '. .' ~ :. .,' ': : ';~'~':.,: '. '. .1..:, " , :.... ,...;..,'........~,,.:::'~:.:;,;.~,_ .,~;;:...i:...h;~. ...;.....:"J.,..;:,;... ~.,,,..:.'. 1 -.',...~., ,-...... ern OOMMISSION MEETING ~eptember l~_ 1951 , .\':':.t ";., I~,.:' } -.J (I " '(::::"'-:'r~~ :", ';"~ ..:-/ ~" "":11'- \.~1.~~;" l .i5 To the Oity Oommission of ~e City o~ Clearwater, Florida. Attention: The City Olerk Gentlemen: Pur~lant to your w_itten notice of a public hearing, a copy of whioh was re- ceived by John S. Taylor, Jr., on behalf of Mr. Taylor we object to your making any assessment whatsoever a~ainst the following described property contained in your not1.ce: , September 11, 1951 \ " "All that portion o~ property owned by John S. Taylor in Govornment Lot 3, in Seotion 8, Township 29 South, Range 15 EaBt, lying South of the North line o~ Lot 21, Extended Westerly, of Blook A, Barbour Morrow Subdivision;" for the followin~ reasons: 1. The area just above referred to is properly drained by an adequate drainage system installed and paid for by Mr. Taylor several years ago. 2. The drainage system described in your notice of hearing is or no benefit to the property of Mr. Taylor. 3. The City or Clearwater has ~de no official deter.mination. as re- quired by law, showin~ any special benefit to the property above rererred to. 4. The City or Clearwa ter has nade no determination, as required bY' law, or the cost of ~e installation of the drainage system described in said notice. 5. The notice above referred to states: 1 , ! I [ I , , I, I -, ::. I ;, .., J 1 1 (. '". '..',' -, ' ' ~, '. . ~ ..... ~ .. .... .' , . . ....:.;~~. .,:.:; :.::. If "The cost thereof will be assessed against the lands especially benefited thereby and abutting upon said improvements or J.ocated in the vicinity thereof." There is no foundation in law for the assesmnent o~ a charge against ~ands for ~- provements on other lands unless the lands assessed are especially benefited. 6. The assessment of any of the cost of the drainage system described in the notice against the lands hereinabove referred to, by the City or Clearwater, would amount to a ,violation of the constitutional rights of Mr. Taylor and would amount to oon~iscation of his property without compensation. We beg to further advise tr~t Mr. Taylor bas not been furnished with the plans and spec1.fications of the proposed drainage project. For this reason we reserve the right to make further objections to the completion of the project itself or the im- position o:f any tax on the land above described until such time as we are in possession of fUll and complete into~tion from the City of Clearwater with reference to the same. We request that this letter be filed with the City Clerk and treated as a forma~ objection to the assessment of any charges against the property herein re~erred to. 'Yours ve ry truly. MC}.lULLElf, MCMULLEN & POGUE By /s/ Oyril E. Pogue CEP; vdB --~~----------------------~--~--~-----~-------------------------~------------~~~ CLEA.RV'lA. TER BFACH. FLORIDA Septe~ber 16, 1951 To: The Honorable Members of the Oity Oommission of the City of Olearwater, Florida Gentlemen: .' . 1. The undersigned property owners included in the 11.st o~ those to be benefitted by the proposed improvements on MARIAIDIE street. EAST SHORE Drive, auld POINSETTIA Avenue, which was sent to us by the City Commission of the Oity of Clear- water~ respectfully request and petition that the present project, as outlined in the said not1.ce~ be amended as follows: Construot a 211t storm sewer and appurtances in MARIANNE street from CLEARWATER BA'Y, westerly to the east line of POINSETTIA Avenue~ a distance of approximately 420 feet. 20 We believe that all the property owners listed in said notice will be benefitted by the reduced project, but not all to an equal degree. Therefore we re- quest that the cost o~ the project as amendod above ba assessed against the City o~ Clea~.ater. as 8 property owner to be benefitted, and all other listed property owners equitabl~ and in proport1.on to tho benefit derived, as detennined by the Oity Engineer. S. Vie further requ68t that work on the project, as amended above, be delayed =->-- I~ ' ...":"--..-....., City Clerk City o~ Clearwater Clearwater, Florida Clearwater, Florid~ September 17, 1951 " " .,'"'' ; ": ''''.';., ,_,.J ..... ';"':.1'"' .'.J '" " ~.. ~., ..J,.' '. ,7~ :.:, .~;; ~:.... ", ..~. '.._. ~. ..;.'/:, :'::., . ~. ~ . .i..,.: .~~';:";.:. ;'~.:' : ~l., ;;,. ~ ~ ;"~" :....: \ . :', ...... ....;.:...:... .~:.. _::':'... :. ~ , .' ~ '.~J .:." ;h"~ . . . . . '., "'::;'i':''''''i~,~~;dJ.;~~:'~).~"~~;i~~~i!.;hb;;}g~iw~~~,i;~~~);~;:r~"~::J';:;;:~';~;~}{:':'\'" \'f;,:;'i,. ~()" ..,....../ . . ~~~ . ;:.f: .... ~'.~ "';':;' '.:.;-,',;: ;.'~(TJ' .' '.~~' : .:~. : :'. .. '. ,.'. !;' i ' .... .' ..' ':: , ! . ""..:. ...~\i.~\:j.. ':. , > t ".~" , . " '.\, '.'.' . ~ . J ,t l CITY COMMISSION MEETING September 17, 1951 until atter the winter visitors season for the reason stated below. 4. Our reasons for requesting the above amendment to and reduotion in the proposed project are as follows: a. We fully acknowledge that the present lack of drainage at the intersections of ~~RIANNE street with EAST SHORE DRIVE, and with POINSETTIA Avenue is a condition detrimental to the city, to the public, and to our property. b. The expense involved in carrying out the entire project would place a heavy financial burden at one time on all the 11sted . property owners, over and above local, state and Federal taxes which, it is our understanding are to be increased this year. c. We believe that the 21" storm sewer and appurtances extending from CLEARWATER BAY westerly to the east 11ne or POINSETTIA Avenue are a necessity and should be constructed at the con- clusion of the approaching winter visitors season. In spite of hir,h and increasing taxes of all catagories we will some- how manage to pay equitable a!sessments to defray its cost. d. We believe the remainder of the proposed project, i.e. stor.m sewers and appurtances to'MANDAIAY Avenue and thence westerly 250", as well as the curbs on EAST SHORE DRIVE, POINSETTIA Avenue, and MARIANNE Street, are not of immediate importance and could well be delayed to a later date in order to lighten the burden to the property owners. e. Other than as mentioned above we are satisfied with the drain- age in the area; we believe it 1s adequate, and we know that existing drains and catch basins, some installed at the personal expense of property owners, are satisfactory. f. We consider tlUlt the construction of any curbs at this time a needless expense to us. Many of us are in business, have at considerable expense constructed and graded parking areas and car ports with gutters and drains which for the present are adequa te to our needs. The installs tion of' curbs would not only involve additional assessments at a time o~ increasing taxes of all kinds, but would also in many instances cause us additional expense in reRrading our parking facilities to meet the new levels set by the proposed curbs. g. We request that the amended project de delayed until next spring when most of the winter visitors have departed. This, because to have MARIANNE Street blocked off by construction during the next few months would have a disasterous ef'fect on our businesses right at the opening of the season. h. We certainly are not against improvements in this area and wish to commend the City Commission for its foresight and prompt recognition of a condition needing correction. We only ask that this plan be broken down into lesser projects in order that tho financial burden be eased to a deRree. .' .: "t. . . , . . , "-_ 1 '. I"~ ': .::I~';}~j)~i;. l"", ... , J(;,~Jlt; ; 1"'i""'''';'''1J~K, ~r:~~o/~~~~;\i (Signed by 10 property owners) ------------------------------------------------------------------------------- Indian River, Mich. Sept. 11, 1951 This is to authorize B. A. Magrew Jr. to act in my behalf in opposing the proposed I~larianne Street Drainage Area" in its present form, and to set forth my objectiona as they appear in a letter to him of even date. Block A, Lots 29-30-31 Signed, B. A. Magrew ------------~------------------------------------------------------------------- Re: Notice of Public Hearing Court and Chestnut Street Improvements to be held at City Hall on 17th day of September~ 7:30 p.m. With refel'"ence to the a bove, we, as a c017lIl1ittee for the Lions Club in charge ot their property on Court Street, feel that we should be heard in person to raise our protest at that time as to our various reasons why we should not be assessed for these improvements on this property. Dear Sir: Same or all of the committee, along with the chairman, will be present at thi8 meeting on thi8 date. . , " , , " ~CI.t ~:~ ~: ~: Yours truly. LIONS CLUB Cole, Ohairman Building & Lot Oommittee Hinds, Co-Chairman " .... .....,,~- , " ' ::. ~':\'.:;;'?!\~::,i'?)~i,.~~ \ "I, v: ':.'::.' ,', ' " . "?!;,~(:<,i0i:~ii1~:~0~::i,~P~;i!{2;;/L":;;~~~1~~:L~j~~~~ii:t$2~~~~~~Jj0i\'i~i't~;i~e,\;;~\;~.~~~~~.;:~.;:~,"i~,;~i~~~l~~';" F~r,;' ,,' . , . '. ':;-.~:,' :'. .. " .." ~~.' ,':., 'OITY OOMMISSION MEETING September 17, 1951 ~ ,,' '. , . i'.j September 17, 1951 Oit~ Oommission at the Oity ot Clearwater, 11.. Olearwater, Florida. Gentlemenr RESPONSE TO NOTIOE OF PUBLIO HEARING PROSPEOT A VENUE IMPROVEMENTS and OOURT AND CHESTNUT STREET IMPROVEMENTS furauant to the above notioe ot publio hearing, the undersigned begs to advise that he has made inquiries at both the City Clerk's and the City Engineer's otfioe and has been unable to asoertain the amount of the assessments whioh will be lod~ed a~ln8t the respeotive properties owned by the below estates, and in order to pro- teot, both estates' rights, the tollowing objeotions are interposedl (1) (2) (3) (~) (6 ) (6) (7 ) That the suggested costs are out of line and exorbitant; The oosts should be spread to all property benefitted rather than that specified in the notice; No basis is shown on which property will be assessed; That the City or Clearwater shuuld bear a fair proportion of the cost at the improvement; Description of the property supposed to be benefitted is detective; That any assessment of the total benefit on a "front foot basis" ot adjacent property only is discriminatory and conf1scatory; and That some of the property of the undersigned included in that to be assessed will reoeive no benefits whatsoever. HLC: eh Respeotfully, H. Lane Coachman as Executor of the Estate of E. H. Coachman, Deoeased H. Lane Ooaohman as Executor of the Estate of Mae S. Coachman, Deceased PlNELLAS TRADING CORPORATION By H. Lane Ooachman President ", '. .. ;'~ " >, !' I' 'f4ft~lIm~~f:~::':-:~:':;,~' :",'>':~, "'.'.", '"" .: .~".,:~!.,.:., "'f'\.,- ,.<;:..:..~" :::.~:'..,"'-;~:::",': CITY COMMISSION MEETING September 17, 1961 ,', ".~,_."'.,~'" '"''''""='''''~'7:'~'tfi~~~~i!ii RESOLUTION WHEREAS the City Oommission. by motion duly passed on the 20th day of August, 1951~ deemed it advisable_ necessary and to the best interest of the City of Clear- water, Florida, to do certain work and make certain improvements: as here~nafter des- cribed within said City, and VffiEREAS proper and le~al notice of its intentions to do such has been pub- lished, Q copy of said notioe, alon~ with the publisher's affidavit as to its date of publication being hereto attached and by reference being made a part hereo~, and WHEREAS the publio hearing therein described has this date been held and ob- jeotions to said improvenlents made, and the City Commission having detennined tba t there was ne suffioient reason why said improvements should not be made NOW THEREFORE BE IT R~OLVED by the City ConmisB'ien of the Ci ty o~ Clearwa tor. Florida, in season duly and lep-ally assembled: 1. That ob.1ectiorts to said improvements were offered at the publ1.o hear1ng aforesaid by persons interested in the improvements hereinafter described, wh10h ob. jections were recorded in the minutes of the meeting and were overruled by the Ca.m- mission and were found, and are hereby found to be insuffioient by the Comm1ssion and the Commission turther finds that it is deemed adv1sable~ necessary and to the best interests of the sa id City the t the fOllowing work and pub11c inlproveDlents be done therein, to wit: Construct a 21" storm sewer and appurtenanoes :tn Marianne street from Clearwater Bay, westerly to the east line of Poinsettia Avenue~ Q dis- tance of approximately 420 feet, and construct an 18" storm sewer and appurtenances from the east line of Poinsettia Avenue to the east line .1" Mandalay Avenue~ a d1.stance of approximately 290', and construct a 12" storm sewer and appurtenances from the east line of Mandalay Avenue' . westerly, a distance of approximately 250', and construct curb on the east and west side of existing pavement of East Shore Drive from the north line of Marianne street, northerly a distance of approJdmately 250', and construct a ourb on the east and west side of existin~ pave- ment of Poinsettia Avenue~ from the north line of Marianne Street, northerly a distance of approxhlately 200' I and construct a curb on the east and west side of existinf, pavement of Poinsettia Avenue rram the south line of Marianne street, southerly a distance of appro- ximate!y 195'. " '::. r . t"':;'" . , .,".: ," '!.. ',i' ".'" .... , . .';' 1 ". , , . . . t :".' . l~' . ,..'- , 1 ' . ~ , . :'," f I :,' i, .. 2. That the proper officials and employees of the City of Clearwater shall proceed with said improvements under applicable provisions of the City Charter. . 3. That when said improvements shall have been completed the cost thereo~ shall be assessed against the property abutting said improvements or ~1ch lies in the tmmediate vicinity thereof and is benefited thereby. ADOPTION OF THE FOREGOING Resolution was moved by Commiss1oner Blanten , seconded by Commissioner Lynn ~ and upon vote being taken same was unanimously adopted this l?th day of September~ A.D., 1951. Herbert 11. Brown Mayor-CoDmis~ioner ATTEST: H. G. Wingo City Auditor and Clerk " ~ :: ."'. :~, 'l", .~ '"'}'_" ... ;, , . "'.'h .y,.~:.;.~~:";;.:;::;L,~:.~~ ~ " ...~" ~ ,.,~" .' \ . . .', .", ";'f.,' ' . " ". :":' ; '", ::""",1 ;O.t~. .<~~""'< '.:.;.~:,. ~"':::";~'~~:.i::'ft~"~~.:.;~?:~,~;t~~~fi1~J:~.' . ,'.'. ..~''''''"...O....id,<;;,,,'''''''''~;wq:,.~.V};.:, ''':;:t'ri '~l~,;.pi~~ 1\ ,J , r ",:1,: t .:";. 'r { " " . .t~ . .~: I. ~ '. .,.. I 1 ~F~'!~m::k~.,:"~.~.~,, ;,.',."',,.. , :: ~::." CITY COMl.iISS'ION MEE."llING September 11, 1951 RESOLUTION WHEREAS the City CODm1ission, by motion duly passed on the 20th day of August, 1951~ dee~ed it advisable. necessary and to the best interest or the City of Clearwater. Florida, to do certain work and nake certain improvements as hereinafter described within said City, and WlIERFAS proper and le~al notice of its intentions to do such work ha s been published. a copy of said notioe, along with the publisher's aff'idavit as to ita date of pub~ioation being hereto attaohed and by reference being made a part hereof, and WHER~S the public hearing therein described has this date been held and ob- jections to said improvernents were n18de, and the City Conmission having determined the. t there \VaS no sufficient reason why said improvements should not be made NOW THEREFORE DE IT RESOLVED by the City Commission of the City of Clearwater~ Florida, in session duly and legally assembled: 1. That objections to said improvements were offered at the publio hearing aroresaid by persons interested in the 1mprovementB hereinafter described, which objections were recorded in the minutes o~ the meeting and were overruled by the Commission and were found, and are hereby found to be insuff'ioient by the Com- mission and the Comnission further finds that it is deemed ad. visable, necessary and to the beat interests of the said City tha t the f"ollowing work and public improvements be done therein, to wi t: r , . ",. f,' .- / Construct a 2'7" storm sewer and appurtenances in Chestnut street fron the intersection of Chestnut Street and Court Street to the existing 36" storm sewer on the West side of Myrtle Avenue, a distance of approximately 970'. and con- strue t a 1.5" storm sewer and appurtenances from a point approximately 240' East of the East line of Prospect Avenue to the e:xisting 15't storm sewer in Court Street a t the Vlest line or Frospect Avenue, a distance of approxinately 340'. and construct an 8" sanitary sewer and appurtena.nces' in Court Street from a point approxinmtely 90' West or the West line of Greenv/ood Avenue to the existlnp; 8" sanitary sewer on the West line of Prospect Avenue a distance of approxi- mately 1120 lineal feet and construct a pavement 40' in width inc1.uding ourbs 1n Court street from the West ~ine of Green'V/ood Avenue to the West line of Prospect Avenu6J1 a dis- tance of 1.030 lineal feet. 2. That the proper of"ficials and empl.oyees or the City of Clearwater shall pro- ceed with said improvements under applicable provisions of the City Charter. S. That when said iInprovements shall have been completed the cost thereof shall be assessed against the property abutting said ilnprovemellts or which lies in the tmmediate vicinity thereor and is benefited thereby. ADOPTION OF THE FOREGOING Resolution was moved by Con~issioner Turne~ . seconded by Cmmmissioner Lynn and upon vote being ta.ken same was unanimously adopted this l?th day of September, A.D.~ 1951. Herbert M. Brown Mayor-Commissioner ATTEST: H. G. ilingo U1ty Auditor and Clerl~ (;~~:)~i;~1;[~~'~~",~'i";,~s.;5;'.'Cl-("~'~'~~~~~:;~::>:S:~:~~:;;:i,":"",,,~j,,0~J~~~'J~l September 17, 1951 RESOLUTION WHEREAS the public hearing therein described haa this date been held and ob- jections to said improvements were made, and the City Conmission having detennined that there was no sufficient reason why said improvements should not be made . :~'T ~: . ,: .:). I~~~rr I I I I t I ;.~;',' . Xf',..I"" :3~~I,~1Il, .:.' . d.,;r'..../"..:' ../, .~...<.d ..,t~it~~!~;.W: ,~ " ,; ;:~~~1~~~:;;{;;.~ , :;,'<:';:,.:J\~;Y':::<~;::~ ',/'; ,'" '^",' .,....,. " ,: ,I ~~M:... WHEREAS the City Commission, by motion duly passed on the 20th day of August~ 1951, deemed it advisable, necessary, and to the best interest of the City of Clear- water, Florida, to do certain work and make certain impr~ements as hereinafter des- cribed within said City, and WHEREAS proper and legal notice of its intentions to do such work has been published, a copy of said notice, along with the publisher's arfidavit as to its date of publication being hereto attached and by reference bein~ nade a part hereof, and ',' I NOW THEREFORE BE IT RESOLVED by the City Commission of the City of Clear- water, Florida, in session duly and legally assembled: 1. That objections to said improvements were offered at the public hearing aforesaid by persons interested in the ir.1provements hereinarter described, which ob- jections were recorded in the minutes of the meeting and were overruled by the Com- mission and were found, and are hereby found to be insufficient by the Commission and the Co~ssion further finds that it is deemed advisable, necessary and to the best interests of the said City that the following work and public improvements be done therein, to wit: Construct a 15ft storm sewer and appurtenances in Prospect Avenue from the center line of Pierce street to the genter line of Franklin street and in Franklin Street from the center line of Prospect Avenue to the existing 36u stor.m sewer in Myrtle Avenue, a distance of approximately 830 lineal feet, and construct a pavement 30' in width in- clUding curbs in Prospect Avenue from the south line of Park street to the north line of Court Street, a dis- tance of approximately 1375 feet. a. That the proper officials and employees of the City of Clearwater shall proceed wi th said improvements under applicable provisions of the City Charter. 3. That when said improve~ents shall have been completed the cost thereof shall be assessed against the property abutting said improvements or which lies in the immediate vicinity thereof and is benefited thereby. ADOPTION OF TIm FOREGOING Resolution was moved by Commissioner Blanton , seconded by Commissioner Lynp and upon vote being taken same was unanimously adopted this 17th day of September, A.D., 1951. Herbert M. Brown Mayor-Commissioner ATTEST: H. G. Winp;o City Auditor and Clel'k CTTY r,OMMiI53IqN I�EETING 5eptamber 17, 1951 The City Cormniasion of the City of Clear�rrater met in regular session at City Fia11 Monday, Septernber 17, 1951, at 7:30 PM, with the fallowing mernbera presants Herbert M. Bro�vn Garland D, Lynn Joa Tur.ner Herbert n4. Blari�on Absent: Thmnas Ho Black, Jr. Also Present VJere: F. C. &iiddieton C. E. 4Vare S . I�ickton George T. D4eClan¢na -May or-Corr�nis sioner -Commiasionor -Cormnisaioner -Commiasioner -Coimniae ioner -City h4anager -City Attorney -C3ty Enginear -Chief of Police The meeting vras called to order by the Mayor. Coirmtissionor Blanton protested that he had been misquotad in the Tampa Tribun3 with reforence to �he discussion which took place at the special Corrmiisaion meeting of Septe�.nber 13th relative to utility charges for utility service rendered by the City ou�sicle the City limits. Commissioner Blanton s.t�ted that it was his understand:- ing that the diseussion tooY place for the purpo�e of analyzin� the overall char;e #'or �vater and other utility service� beyond the territorial limits and that the Ci-ty Manager was requested to present to the Commis�ion an analysis oi these charges and the volume thereof for the purpose of giving the Commission a clearei> picture o�' juat what tha situation was. �Iayor Brown requested that the follov�ing be added to the third paragraph of the minutey of September 13, 1951: ��The matter of utility charges yor City owned uti$ities outside the Cit�r was discusaed and on questioning n�Ian�ger ➢iiddleton it was revealed that �he uaers outsida the Cit� ware paying 25� higher rate than the ussr� in the City. Ho�cvever, the user� in the City pa� an additional l0°; utility tax. It tivas thought that the outs�de City users should be raiged to where they were paying 35f more than the Uese rate in the City in order to somewhat oqualizs this situation.�� Commissioner Turner moved that minutes of special neeting of Au�ust 27th, regular meeting of September 4th� and apecial meetings of September lOth and S'eptember 13th (this latter as amended}, be adopted, in accordance with copie4 thereof i`urn3shed each rner.iber in v�ritir_g, and that their reading be dispensed with. Cu�m�asioner Lynn seconded the motion. Vote tivas taken and �otion unanir�ousl'y earried. r;fatter of reque5t frors Phillips Idotel to �oni�g Board for 2one cr.ange (deferred fror,z September 4th meeting) was brought bei'ore the Comruission b� h2ayor Brown, �eho gtated that the Zonin� Board had felt that their ruling of refusing to grant the re-. quested 16 foot set back does not impose a hardship. Mr. Lloyd �. Phillips appeared in his bvm l�ehalf requesting the 16 foot rather than tre 20 foo� sat-back for pro- posed construction of motel. At the request of Iatayor Brown, City At�Gorney read tha hardship provision of the Zoning Act. &Iayor Frovm stated that while it was not h3s usual policy ever t;o deviate from strict adherence to the zoning lav� that he fe1L in this case there tivere unusual circtunstances *rrarranting the serious consideration of the Commission 3n makin� the exception requested. The 1YTa�or stateci tihat he v�a.s+ im_ pressed by the poin� made by Commissioner Blanton regarding a part of the lot being aoned for business, vrhich did allow location of buildings up to the property line tvith no set..back, v�here the other portion of the lot svas zoned for R-2 use provi�ing fo� a 20 ioot set_back and that thia fact, together vrith the £act th:,t there is at this time on the street adjacsnt to the Phillips property an unusta.ally large number of buildin�s that are in the sta�tus os^ non-conforming use and tivhich �vere built closar to the street line than 20 feet influenced the D�fayor in altering his position on the matter. He stated that it v�ae• now his inclination to favor the granting of the ex_ c8ption in this case, Commis�icnar �.irner moved thst after reconsidering the ma•tter presentecl to us by nir. Llc�yd M. Phillips� that his requeat for 16 i'oot set baek on Betty Lane instead of a 20 foot set-�back sha11 under the hardship clause under the Zoning Qrdinance be granted. Coimnissioner I3lanton saconded -�he motion. Vote was taken ancl motion unanimously carried. n�Iattar of Ja 1�. Cass plat was brought bafoxe the Coimnission. Commissioner Turner stated that he and Co�r¢nissioners Blantor� and Blac� went doYvn a�d lookscl at the foot of Turner Street regardin� the set-back an Turner Street, and found the si� i'oot line extending on out at the approach of the Ci-'ty propert� down on the iill ad-- jacent to the dock and tYiat it come� out on the edge of the roadway and would �eopardize the Cityps property all the waq along. At the pre�ent time it vrould not make so much difference but that eventuallf it tivould narrow down on t?ze riparian rights on �ha fi11- ing. He stated that it was the unanimous conclusion of the three of them �hat the Citg should not do anyth3ng that would be tantamount to giving up that six fest sho�vn on the old plat. Commiasioner Turner moved that the petition irom Mr. C, g. P�eek,l,5 for the City to vacate the six feet along the North aida of Turner Street and along the 5outh aide of J. I"i. Cass Subdivision be denied. Commissioner Lynn seconded the motion, v,rh3ch e� 9 voted upon and carried. B4ayor Brown mada the suggestion that the City Attorney render further report on this matter, assuring the public o�vnership of tl�.is property. It was decided be consent that this should be done. Public hearing was held on Court Street improvemonts. At the request of the Mayor, the City Attorney read Resolution authoriZing improvements on Court Street fran Prospect Avenue to Greenwood Avanue: Irir. He TJane Coachman, representing niae S, Coach- nian Eatate, which owns property in this area, asked question regarclir� the aanount and method of the assess�ent and asked whether it v�ould be proper to raise this quest3on aiter the adoption of the Resolution. NIr. Coachman stated he had no objection to the Resolution at this point, hiayor Ilrovm read letter from bTr, F. B, Cole, of the ?,iona �� . CITY CG1III�TISSTON bA � ��TNG S'epteniber 17, 195Z Club. hSr. Cole appea~°ed on behali� of the Lions Club c�xpressing no protest ss to the work baing done but reservin� the right lrztex for the Lions Club to object to the as�essment. h2a�*or Brown aeked City Attorney if lagal reqi,tirements have been met as to the legal notices, etc. City Attorneg repl3.ed tl^,at they had been pub- lished, together with request for bidse Nlayor Brown then saked City Attorney whe- ther there is any portion of the charter under which we are operating. City Attorney stated that in levying asses �nents for the sewers we aro o�eratin� under the new amendment which wag passed at the last sessiox� of the Legislature whioh author3.zed assessments on an area ba�is, and thst under this Act pavin� wil7. be� levied on a front foot basis.. In ;nost casas, he stated, the land has been traded for the paving assess�ent so no assessment w3.11 be made. A4ayor Brown asked whethex� there were property owners prese�nt who objected to the improvements and found tha�. there v�ere none. All those �resent were in favor of the improvements, Mayor Drown stat�d that iie hopad that some day this oxtension would open out into Gulf to Bay, furnishing a netv approach to this City. He tllanked those who deeded their propert�, also Counn3ssionerd Blanton, F31ack, and Turner ior their vrork, in cooperation with hir. Iiabrich, in securing this right of way. Corrnnissioner Turnar moved that the Reso- lution regarding the 3mprovements on Court S'treei; from Prospect Avenue to Greenwood Avenue be adopted. Cominissioner Lynn s.econded the motion, which �vas voted upon and unanimou��y carried. �� Public hearing wa� held on Prospect A�vez1ue. AIr. hi�yberr�y9 representir.g hi� mother, ovrner of the Park Street Automatic Iaundry, appeared in objaction to these: improvements on Court Street North to Park Street. After consultin� with the City Engineer he withdrstiv his objection�. Mr. H. Iane Coachman s�tsted that ne was in favor of the paving as far as it goes but felt that at present it does not go �a� enough. He stated that as he understootl it there v�ere to be no sanitary sewess put down on Prospect Avenue. City'hianager ststad that it wa s felt there wa s need for storm sawers but not sanitarg sev�ers. Pvlr. �oachman stated that if he wishes� to seTs this property, which is suitable for business development? that the buvers tivould ol�- ject to the purchase if there were no sanitary sev�ers as they would be unab].e to put. down septic tanks. He also stated that it was his understanding some time ago tha t this project was to have everything done at once. ntayor Br�wn re�lied that it wa� not possible financially fc?� the Gity to do this work at this time, bu� that in- stallation of these sewerg could be l�anclled as a separ�te reques� at a later d�te. Mr. �oachman felt that at that point the City inight refu3e to grant the request. Nayor Brown and tha City Dianager assured him that it could be lzandled as a�eparate project at any time in the future as long as 75ia of the .property owner,� agree to ite CouBnissioner Blantona member of the Court S'•trest Committee, felt that NIr. Coachmar� should give an easement and that c�hen he came in with petition oi '75% of the abutting property that the Commisaion would undoubtedly a�ree to the worl� being done. Nir. Co�ch�an then asked the estimated cost of storm sewers per lineal foot. City Engineer replied that it would cost about 4�2020. City Attorney asked rrIr. Coachrnan tivhether he objec�s to the amount of im�rovements proposed now or whether he is 3n approval of the present improver.nen�ts but objects only to the fact that sanitary sewers were not in- cluded in the project. �1r. Coachman stated that he has raised the objection that the improveLent is not complete without the sanitary sewers for which he has asked. City Engineer stated tl�at it was the plan to install sewerg in an easement a�long the ba,ck of the lots. �liayor Brovm ielt that this idea was a good one. Itir. Coa,cYunan said that the only ob3ection he had to that 1�as that the property on Lwing was residence pro- perty and was not valuar�.e enou�h to tinarran� this improvement - it is unpaved �nd not usable commercially. He felt that the sewer should be down Prospect Avanue rzncl the next one down Ewing Street. City I�ianager stated that he felt that the City Enginee� should ba instructed to prepare an additional project for Prospect Avenue sanitax�y s�ewers. There vras no one else present r�ho had further comment to make on Prospect Avenue. City Attorney brou�,ht to tha attention of the Corr�niss�ion that there were no objectiona be- foro the Connnisgion to the project. City Attorney then read ResoTution agproving work on Prospect Avenuo. I�4r. Coachrnan stated that he had ra�sed the objection that the impr�vement is tiot conplete without the sanitary sewers for which he has asked. 1V1ayo� Brown aaked iY[r. Coachman whether he agrees to the rest of the project if 3_t is approved. City Attorney sug�ested that a proger motion be made to sustain action on this public hearing long enough to take up another matter - that is, the sanitary sewer project, and that the City Engineer and City Manager be instructed to prepare the nroject, at which time IvIr. Coachman� s ob jections should be removed - tha{; when {;he Corrnnissaion re-� turns to consideration oi the public hearing that the objections would be withdrawn. Mr. Coachman raiaed the queation oi the amount and manner of assessments of this pro� ject, feeling that he wished to have this point clarified before giving his approval, City Attornep, at request of hfa�or Brown, read amendment of Section 10 of Ckiapter 1039u which relates to the levying of assessments on :improvements. Mayor Brorvn then rPad a� portion of letter irom 1t4r. Coachman in vuhich he had outlined his objoctions to the pro- ject. In tkiis letter Mr. Coachmsn had stated that he wished to have his property assessed on an arPa basis to the extent that the property is benefited. htayor Brow.n pointed out that the amendment just read by the City Attorney authorizes assessmeTa� on an area basis levied on properties benefited in proportion to the bonei'it receiveel. IvIr. Coachr.�an said that he did not wish to pay any more than the othor properties which are being benefited. He said that he felt tnat the Citf shou�d assess his propertp only to the extent oY the benef3ts received and that he reserved the right to pass on the extent of the benefit received. Ma�or Brown state� that the Cit�* in levyin� the assessmentss deterrlines the amaunt of the benefit received, TvIayor Brown str�ted tha�t in the thircl paragraph of I�Ir. Coachman�s letter he had stai;ed that the City had not shoNn a b�:sis on �vhich the property ivas to be asssssed. IvTayor �rovrn as3ced Mro Coachman if this point wa� now clear to him, and �r. Coachxuan replied that this had now been shown to hims ri4ayor Brawn as•ked if he atill vrished to be recorded as� havin� no oU jections+ to this improvement going in. hir. Coachman said he did not object to the improve- ment but �hat the intereats he represents do not wish to be asseseed for more tY�an they ara benefited. r,Tayor Brown said that i.n Nir. Coachman�� letter he Y�ad statecl that the description of tre properties suppoaed to be benefited 3a def'eGt.ive. Mayor Brown asked if this had been clarified b� laoki:n�r, at the map. Nir� Coao2zman said the City Attorney would need to anst�er this question as he r�a ?�aa n� oZ�portunity to studg the man. City Attorney reviewed i'or Mr. CoachmanTs information the niethod #'ollowed by tho Cit� both now and for marly years in making im�rovements rrom the time+ 'tho reqizes�; by tYi9 citizens is made for an improve�ent to the time the asaessment� are levied. Carrrm.issior�er CZZTY CONINIISSTdI� n��TTI1G S'eptemb6r 17# 1955 Blanton movecl thai� nic��ter oi' public hearin�, be deferred until another matter i� talten up. Cor,imissioner Turner secondecl the motion, Vote v�ass caat and m�tion unan3mous7.� ceirried. Commissioner Turner theri moved that City 2�Ianager and City �nglneer be authorized and instructed to prapare plans and specificationa for � s�nitary sewer project to serve tha areas abutting; Prosnect, Park, and Court S:treets and br3n�; such plans ancl speci�'icationa back to the Corrunis�ion at :its next regular rneeting. Cormiiias3,oner Blanton moved adoption of �he Resolution as read by the City Att;orney for the paving and gtorm sewer project on Pro�pect Avenue between Court and Par� Streata�. Corruni�s3oner Lynn seconded the anotion, which wae voted upon and ur�animousl� carried. Fublic liearing v�as held on I�T�rianne S-�reet imProvemants. r:Iayor Brown stated that v�ritl:en objections hava been submitted to this project. City n2anager statecl that it was proposed to make an asea asses3ment to include storm �ewers, necessaxp curbing and catch basins, City Atturney stated that the publ3c hearing hrzd be�n legally aclvertissd and City En�ineer stated thai: property oarnars l�d baon notif'ied by mail by his Departrnent. Idayor Brown questioned property owners preaent a� to whother such notices had been received and all replied affirmatively. hiayor Brnwn ihstructed Citq Clerk to read objections received by rnail. The City C1erk read communication �rora eleven 3ndividuals in this area. This petition v�as accompanied ay authorization f'rorn R. A. TJIcGrew £or his san to represent him in this matter; letter v�as also raad from PdcRZullen, nScT�.4ullen &�ogue objecting to this 3snprovement. Pda,qor Bro�Nn asked tha� outline oi proposed improvements be read. This was done b� the Cit� Clerk. Mayor Brovm questioned City Engineer regaiding draina�e in this area. City En�ineer presented map showing proposed improvements and explained the suggested 3mprovementa. hir. Cyri71 Pogue, representing the John �. �I'a�lor Trailer Park, statad that they ielt that t�ir. Taylor�s property was. not benefited by the dr�in�ge system, as he has a 7:0°' or 12'�r sawer a distance of approximately 2OQ. feet North of the South lino of tYie Taylor property, h4ayor Bnolvn questioned whether this storm sewer sol�ved the entire drainage problem of tho tra3ler parlt. Cormni�sioner Blanton asked v�hether� any dra3:nage �rori the trailer park r�n into the streets. The C�.ty Enginaer stated that his level� indicated that the trailer park vras draining into the streets. The City Engineer itiirther pointed out that �he water from tha South side of the trailer park �vould drain into the proposed catch basin as shown un his �lans. 2�2r, Pogue asked the Cit� Eng�,nesr vrhether there is another drain pipe on the SoutYi portion of �tr, Taylorts praperttl dire�tly east of Niandala� Drive at about 200 feet North of IvIr. Taplor�s property line, City En�ineer stated that thera was another drain pipe at the Noriherly part o�' the trailer park but tl�at this vvas ou�side tho ciraivage a�rea As 3ndicated on the map. The It3ayor tLen a�ed hoPr rnan� sevaers go into the Ba.y irom P�Ir. Taylor�s property. City Engineer replied that there v�ere two. AIayor Brown ssked t��r� Po�ue vrhather he thought that these sewers re�oved some r�ater from this areeu. hir. Pogue answered that they aid. Iri«por Brovrn then asked I�ir. Pogue if he thougn.t it removed a major portion of the water. nir. Pogue replied that they did. The Mayor then asked whether� the City had an easement v�here these se�vera are loc�ted. City �ngineer replied that the City records i�zdicatecl no such easement. The City Engineer also stated that pert of this sev�er is unc�er a building. The I�ia�or then sta�ed that these sewers were put in by Tir. Taylor when a.e orvned all of the property from the Guli of I,�exico to Clear�vater Bay. He inquired v�hether any easements were given to the Czty tor this sevler. The Fngineer'replied that the records did not show ang ease- ments dedica;ted. �rIr. Pogue asked the City Enoineer his opinion cf w11at percenta�ge of v+ater draining irora tre trailer park would go into the proposed sewer project, Engineer replied that unoPficially it V�as proportio�ate -to the area but he would not say to what extent. He v�ent on to say that it is not only a question of area but to the perr�abil;Lty o£ the ground and 3nasMuch as a major portion of the trailer nark area is paved very little tivater gets into the ground. Coirunissioner Blanton said tha-t objections had been heard and that the City should go on and deterniine r�hat should be done. Ivlr. Lynn statecl that a question had been raised to the ef'i'ect that it w�ll '�ake months• to put the project in. The City Engineer stated ttiat it ��ould t;at�e about 45 days tc complete this project. I�4r. L'ynn then stated that 45 degs vrould not affect the tourist season. lviayor Brown asked the group of propertg ov�ners present if they thoug;h� 45 days v�ould affect the tourist business. They r.eplied that it tiRould ,not. He al�o asked several of the contractors present if' they thought t:zat this project could be completed within 45 to 60 days. Thay aIl replied that it could be, Ivtayor Bro�,vn then stated th�t this pxoject could be started immediately and coul�. be completed in 45 to 60 days. Gen, Randall, of �ast Shore� Drive, ona o� the property owners tvho si�ned the petition, said that if this could b�� started irnnediat�ly., and if half the s�reet at a time could be left open that he woL�.ld izot abject to the imp�ovement. Th� Mayor said that half the street undoubtedly coulcl be left open at a tinie during the work and asked wlzether in vievl oi the fact that the work could be done in 45 to 60 da�*� if there vrAs anyone else who ti�ished to vJithdra�v his objsetions. Gen. Randall said that the situation is extremely bad and should be corrected as soon as posaible and that wh31e he did not wiah to delay conatruction he would like to have the work cut into tvro projects i;o ease the burden of assessment to himself and others, by the plan outlined by the City Engineer some t�e ago. City Engineer pro@uced t�e :map previously shown to �he Conunission at another meet:Lng and atated that he ?iad been instructed at that time to vrork tllo project out as a carnplete project. Commissioner Lynn statec� that. he tivould like to see the entire job done and done irrmiediatelg. He said that he believed it tivould be w3ser to do al1 th.e work rfzther than divide it up as that would raise the cost of the assessment. Qne property owner said he did not see how a curb could be installecl �vithout ruining •the parl�ing areas. The City Engineer eYplained that a modi- fied curb could be used wh3.ch would allorv for both parking a•na drainage. Another pro- perty otimer said that some curba had been installed ai7d that they did. not rJant the City to destroy their curUs �nd install new ones ai,d then asseas them for it, The IYTayo� oxplained that the curba wliich the property owners l� ve installed are off of the pave�l. rigl�t of way, and are for parking purposes oz�lg, rvhich is a corunendable �hing in his� opinion, but that street curbs are installed for the purpose of keepir� trafi'ic �aacl� and keepin�; the water from eroding property. Ae i�zrther stated that curU� tend to l�;eep rain water clean �o that it rvill not fill up and clog catch basins. Prlre Aiarriott, at 403 Faist S:tiQmo Drive says that he has a shell fill for parking sreas and that curb� would cause the shell to waslz out. The City Engineer atated that, 3nstead, � curb would hold the fi11 3.n placo. Tha 11Iayor asked the City En�ineer whetYzer the new system would eliminate floodin� condit3ona, and the City �n�inee� replied thab i�t would. M��. Irene Hinton, owner of Lot�� 11 and 12 next to Iulr. Marrintt also objoa{;ed ta the curb� CIT�.'' CA�111IISSION hII�ETTNG S'eptemt�er 17, 1951. and gutter�. She said tYxat the 1`��t' sewer 13nea drain ths vrater fron izar property. I�ayor Brown replied that if thia 12�o sawer ever f�ils to opera�te the C3ty ca�nnot f'iac 3.t due to the fact that it is on pxivato proper.ty. IrIrs. I3inton ii�.rther ob jected �o the curbs and guttera a,s Ueing de�rimental to lier busineas. City En�ineer �urthe�r explained i;he construction of a mod.ified curb. 31ze said that the improvdd properi;ie� are all built up with fill, a_Zd Commissioner Blanton pointed out that the 3mprove-. ments to the properties are cauaing exceseive draina�e into the streets, that befor� �he properties were i;nproved the drainage went iuto the lo�ver praperties, creatin� a small lake. nTr. Herbert I,. Blount, who statod that he owned Lot 11 and is repre- sent3ng Lot 10 on tho 4Vest s3de of thA street, aaid that he had diacusssd the more: Z3mitocl pro ject vrith the Engineer and had undorstood that there lvauld be figures; on the draina�e fronl Painsottia to the Ba�y only. The n4ayor, on adv3ca of the City En- �ineer, stated that t;he cost of the project v�ould run betwoen 3g� and 4� per square foot. Mr. Blount s�id that he objected to the improvements on the �round that his� property is already bein� drained and that he therefore wi11 be receiving no benef:Lts from the proposed im��revements. The DZayor said that �ome properties ditl not re�s ive benefits the same as oi;hers which are under vrater for several days at a time, but i:hat nevartheless the same am��unt of water falls on each piece of property and that v+hile one lot may no� have water accumulate like others the draina�e on eves�y lot contributes to the entire drainage problem. hirs. Ben Loge, property otvner in thi� area, etated that she also objects to the curbs and gutters. Mayor Br.own sa:id that hs felt that petitions should not be trea�ted Tightly and called to the aztention of the Conunission t}�at since there had been objections to this project that dee3aloYr re- garding it should be given most serious thought. He c�lled ior an express3on of op3nion from the Coxinnissioners. Co�nnissioner Lynn again stated that he s�ill fel� the project should all be dons at oneeo One of the property ow�zer� asked who would pay the cost of'i;he project. Commissioner T,ynn stated that �he area benefited mnd getting the improvements svould pap. He further stated that approx3mately 40�' of the property is ov�nad by the City and that the City would pay their proportionate �re of the cost and that the remaining property owners would pay in direct proportion to the property they own. City Attorney exp�ained that this was the 3egal method of assessment and the only rmethod that can be employed under the new arnendment to tha: special assessment Act. Connniss�ioner Blanton moved that public hearing bo eontinued at a later drvte, giving the City Commis�ion a chance to study the proposition of con- struct3ng s sewer, eliminating curb and gutter for the whole project, extending the sewers North on F.�st Shore Drive, Tv'orth on Poinsettia Avenue, North on 2r•Iandalay to � point detarmined by the Engineer as a North boundary o� this district and extend it VPest •to a point as shovrn on �he map, �nd assessr�ent to be on a front Poot 'basis. Com- missioner Turttmr s�conded the mo�ion� �1layor Brown fe�t that further deliberatioa� �vas not Peasible as it has had long and careftizl study noyv, He felt th�t pu.tting storm s.awers� down the middle o� the street rathax than curbs would oauae more caiasension and would cost more money than the other glan vrould. The h4ayor aaked the City En�ineer m:sYiat �he effeet vaould be to leave out tho eurb and put in sewers ouly. City Etngineer s'te�tedi that it vrould no't drain as f.�sta Commiss:ioner '�urner �aid tha't he felt that if �hi� job tivas nnt dore in its entirety at �his �ime that it would probabl� never be c�mpletad and that all propert�r owners should feel equally responsible for the drainage 3.z2 tY�ait area even though some did n�t have as bad a condition to ecntend with as�others. The �rlayor asked i�ir. Bruner, owner of King Cole Mot�el at Iisrianne �and Ea�st Snore Drive w1�a�t his reactions were to this improvement. Mr�. Bruner �tated that he approved the entire project and felt that it should all be done and assessed on an araa bas3so Ci�nnmiss3orter Blani�on stated that it vras his underetanding t3� t the Commission some time back had expresse3 tha idea that in the future they vrera going to follow the policy of inste;lZ- i:ng curbs and gutters along with sto�n s�wers on a�ll flzture projeats when at al1 tea.sible. Rir. Middleton stated that it rvould be possible for the City to send a street sw.eeper to the Beach area if there were curbs: instailed over there - that such a swaeper can operate effic3ently onl� v�hen there are curbs, Coamiiss�ioner nlanton withdrew hi� mntion, with Courmiss:�ioner TurnerTs consent. Commissioner Lgnn moved �;he entire job be done as a cox.nplote job and assesement made on an area basis and that the City En- �ineer and City Manager be inatructecl to procaecl with it a� quickly as possible in order to have the work epmpleted in 45 days.. Commissioner Turner seconded �the mation. At the request o,i Magor BrovPzi Citg Attarney read the Resolution regarding 3mgrovements on h�iarianne Street. Commiss.ionar I,ynn, v�itr the consent of Corrunisaioner Turner,, with- drev� hi� motion. Conanissionar Blanton moved the adop�ion of the Resnl�tion just rea�cl in regard to the improver.ments on iv7arianne Street o C'onanissioner Lynn seconded tha mo�ion, which was voted upon and unan3.mousl'y carried. Bids vrere opened by City Itiianager f.or Masianne Street for curbs, gutters� a�nc1 storxn se�vers a� follows„ Gone Bros. Construction Co., Tampa� D. iIP. Browning & Goa, Daptona Beach Jack YV�. iawren�,e, Targo ancl E. I. Rutledge Go., St. Petersburg Sinith Sweger Co., Clearwa�er Guliani, Tarpon Springs Stan�ield Construction Co., Tampa t^J. De Owens, CTearwater �12.b OfiB , OQ 1�,1195.00 10,784,50 11,276.OQ. 12.,610,OQ., 14,007.00 13,338.00 Commissioner E,ynn moved that bids be tabulated by the City T�?anager and recomnendation brought back to the Cozmnisaion meeting at his earliest oonvenience. Commis�ioner Blanton seconded the moi;ion, tirhich was voted upon ancl unanimous]lq carried. Bida� were opened by the City Manager for th� er.tenaion pauing and curb of . Prospect and Greenwood Avenue3, aa follows; Guliani, Tarpon Springs� E. H. Holcamb Co., Largo YJ. H. Armston Go., IJunedin Gone Bros. Construction Co. Campbell Pavin� Company, Clearwater �p1�, 772: y 50 111,057.60 1];, $87.A 0 13,250050 10, 514 . 7.0 CITY COM&IISSIOIa' fi4EETIP7G 8'eptembar 17, 1951 Bids v�ere opened for storm and sanitary sewsrs on Court Street by the C3ty 1�Zana�er as tollows: W. 17. Ovren�a Cons�ruction Co., Cl.eartivater Stanfield Construction Co., Tampa Guliani, Tarpon Springa Cone Bros.. Construction Co., Tarnpa Jack Lavrrence Co., Tar�o E. I. Rui:ledge Co., St. peterebur� D. V'l. BrowninE; Co., L'a�tona Beach Sni2�th Swe�er Congtruction Co., C1ear�rrater y�118, 321. 00 22,393,00 15,103,00 20�018.00 18g444.50 21,�10.00 19' 62�3 .00 Commis�ioner Turner moved that paving and curb bids for Prospect an3 Greenwood Avenuos ana Court Strest improvements be re#'erred to the Cit� b2anager for tabulatioxr and recorrunendation at tho next xaeeting. Conmiissioner Lqnn seconded the snotion. Vote wa3 cast and motion unanim.ougly carried. Bids were opened fo•r storra aewar� on Praspect A.venue by the City P+�ana;ger, ass follows; W. Do Owens Construction G�., Clear�ater Guliani Cnnstruction Co., Tarpon Springs Star_fisld Construciion Co., Tampa Jack Iawrence, Iargo and E. I. Rutledge Co., 5t. Petersburg D. W. Browning Cn., Daytona Beach SmiLh Sv�eger Construction Co., Cleartiwatar yp 6,994,00 5,692.50 8,095.25 7,246.00 9,395.00 8,267.00 Bids vuere opaned for paving on Prospect oetvreen Court Street and Park Street by City 114anag��r as .fallows: Guliani, Tarpon Springs E. H. Holcomb Construction Co., T� rgo Cone Bros. Construction Co., Tampa 1v. �I. Armston Co., Dunedin Campbell Paving Go., Cleas�^rate� wT3,063.00 1Q,368.90 12:, 238.00 11,271,50 9,790.30 Commissioner Turner luovecl that C�ity I�Tana�er be authorized to tabula�te bids on Froapec-G Avenue and report at the next meeting. Canunissioner Zynn seconded the motion. Vote was ca�t and motion unanimousl� carriad� City Clerk gave report on inspection of voting machines which he Y�ad �ound to bE in order. Ca�rnnissioner `;.'u.rner moved that City Glerk�s report regarding ths s�ecial. election to be held Tuesday, S'sptember ]i8th, be accepted. Coamiissioner I,ynn seconded 1;he motion, w2zich `was voted upon and unanimously carried. City Manager opened b�'ds far two trucks, one f or �ity Engineering Department, the other for the Public: S'ervice Departmant, as follov�s: Orange Stato Ir2o�or Trucks, ^lampa - Internationals �2,940@00 Thayer i�Iotor Go., Clear��ater - Dodge 1,263.50 ea. Sutcher Auto Sales, Clearrrater - Internationals 1,292,50 4a• Ia rry D�.mmitt, Inc., C7.ear�ater, - Chevrolets �,498d00 Connnissioner Turner moved that bids be referred to City f,ianager for tabulatiom m�c� report at future meeting, C'ovanissioner Lynn seconded the motion. Vote was taken anci motion unanimously carriad. City I�4ana�er recoimnended the American-LaFranc�-Foamite Gorporartion, ??tlanta, (�eorg3a, bid on fire hose be approved. Coum�iss;ioner I,�qnn moved tYtat the City B'fanage�� s recorrunenciatior. be fol.lowed so that this fire hose may be purchased. Commissioner Turner �econded the motion, vrhich was voted upon and unanimous7!y car.ried. �6/- m'� �v GNC"s ; t% �� Citq Man��er recounnended that chlorinator be purch�sed froxn Ylallace Tierman Co. at ��4,050,00. Cormnissioner Lynn moved that City i�fanager�s recommendation be fallov�ed, Co�n3ssioner 'Iurner seconded tlie mot3on. Vote was taken and motion carried. Cam- miss3oner Turner moved that City Tdanager be authorized to dispose af the old chlorinator machine by �:rading it in or by selling it. Corrunissioner Lynn seconded the motion, which was voted u�on and unanimously carried. I�e et � i7g wa s ad j �urned by the IuIa� or a t 12 ;17 AM . ATTEST� � Ci y Auditor d Clerk � .._ ,.�� bIayor-Commiss' er <, � � CITY' COI�'IItiITSSION 117�ETING S'eptember 17, 1957: rIayor-Commisaioner Herber� nI. Brown Comm3ssioners: Joe Turner, I3arbert Blaxzton,Sr., Ga rla nd A.. Lynn, Thoma s H. Bls cls Gentlemen: 5'eptember 14, 195:1 The City Coirmiission �vill hold its regular meetin� Alonday evening - September 17,, 195:]L- at 7��0 P.IvS. 3n the City FiaZT to consider items on the attaclled Agenda�o FCIrI:gg Yours very truly, F. C. 11liddleton, City Mana�er A GENDA� 1. Approving minutes of special meeting of Aug. 2'7, regtAar meetin� S'eptorraba� � and special meetin�s oi Sept, l0 and 13th. �m Public Hearings �'or improve�ents ono A�. Court Streat B. Prospact �.venue C. b4arianne Street 3. Opening oi'' bida for: A. Court S��reeL improvemants B. Frospect Avenua Improve�ents C. �.��rianne Street improvements D. 2: F�ick Up Trucks - Z for Public Service 'Dept, 1 for Engineering Dept. 4. Consideration of amendments to Occupational I�icense Ordinan ce ,-�580 on its 2nd end 3rd reading. 5. Report of City Clerk on Special Election to �ie held Tuesday, September la�L1z. 6. C�3tla'Treasurer�s request tv transfor money fron Cigarette Tax Fund to Genema�l 7e Resolution requesting property ovrners to mow {:heir lota of rveeds and �ra:s�. S. Commission Covnnittee�s report on� A. Request fro�i Phillips Iviotel to Zoning Board for Zone change. (Deferred from Sept. 4 meetin�� B. J. Ii, Gass Plat. (DeLerred from Sept. 4 meeting) 90 mabulation of bids for; A. F.Yebossing L�Iachine £or IItility Dept, B. Fire Hoge Por Fire Department. C. Chlorina�or for Disposal gZsnt. Z0. Co�nis$ion�s consideration of By Pass Line at SEwa�e Disposal Plant. 1�. Any Iteme not on the Agenda will be considered by consent oi the Commission. A;d j ournment Com�niasion acting as trustees of pension fund on application for momber�h.ig in pension plan. S'eptember 17, 1951 Honorable �oard of City Oorrmiissioners Clear�ater, Florida Gentlemen: I havE fihis day inspected the vo�ing maehines which are to be used in the �pec,ial City Election Tuesday, Sept. 18, 1951, and found the dials on all machines to be se� at 000 and the machines sealed and properly prepared for �11e electiozi. The nur.�bers oi' the voting rr�achines, seals and numbers on tlae protective counters are set out belov�e SeaZ 2vl�chine ITo. (Garden A,ve . Sta .). 52226 46342 48096 46316 64720 87957: HGtiN:mh 65486 65007 64963 65548 65482: 65526 (Clearwater I3each Sta.) R Pro, Countes No. 003.953 003450 00456$ 004Q61 004239 002876 Ver;� trul� �yours, �s/ H. G. 1Yingo City kuditor and Clerk �� , C$'�'� L'OMMi�1I8S'ION 114EETTNG S'eptember 17, 1951 To the City Cormn3saion of the City oi' Cleax�vater, Florida . Attention: Tha City Clerk Gentlemen: September 11, 1951 Pursuant to your written notice oi' a publie hearing, a copy of which was re- ceived by John S. Taqlor, Jr., on behalf of i�Ir. Taylor v�e object to your making any assessment whatsoever againet the follotiving described property contained in your notice: ��All that portion of property orvned by John S. Taylor in Goverriment I,ot 3, in Section 8, Township 29 South, RQnge l5 East, lying South of the North line of Lot 21, Extendefl Westerly, of Block A, Harbour htorrow Subdivision;4f for the Pollovring ressons: l. The area just above referred to is properly drained by an adequate draina�e s�stem i�stallad and paid �or by Mr. Ta�lor several years ago. 2. The drainage s�^stem describec7 in your notice oP hearing is of no banefit to the pro�ert� of Mr. Taylor. 3. The City of Clearp�ater h�s made no ofEicial determination, as ra- quired by law, showing any spec3al benefit to the property abone referred to. �. The City of Clearwater has made no determination, as required by _�v, of the cost of the installation oP tho drainage system described in said notice. 5. The notica above referred to states: �iThe cost thereof will be assessed against the land� eapecially benefited thereby and abutting upon said improvements or located in the vicinity theraoi.° There is no foundation in law for the assea �nent of a charge against ].ands for im- provements on ather lancls unless tha lands assessed are especiell� benefited. 6. 7.'he assessment o£ any of the cost of the drainage system described in the notice against the lands here3nabove referred to, b� the City of Clearvaater, would amount to a violation of the constitutional rights of IvIr. Taylor and wauld amouttt to confiscation of hie property w3thout compensation. We beg to further advise that 1!ir. Ta�1or has not been Purnished with the plans and specifications of the proposed draina�e project. For this reason we reserve the ri�ht to make further objections to the completion of the project itself or the im- positi.on of �ny tax on the land above described until such tirae as we are in possession of flill and comp7_ete in£ormation Prom the City oP Clearwater g�ith re�'erence to the same. We request that this letter be filed with the City Clerk and �reated as a formal objection to the assessment of any charges against the propertg herein referred to. Yours very truly, MCBIULLER3, I�iCbiIILLEN & POGIIE CEP;vdB BY �s� Cyril E. Po�ze CT1FAFd"IATER BEAGH,FLORID� Septeraber 16, T951 To: The Honorable Mombers of the Gity Corarnission of the City of Clearwater, Florida Gentlemen: l. The undersi�;ned property ownerg included in the list of those to be benefitted by the proposed improvements on &iARIANrIE street, EAST SHORE Dr3ve9 �nd POINSETTZA Avenue, whieh was sent to us by the City Conuniss.ion oi the City �f Clear- water, respecti�.illy request and petition that the present projoct, as outlined in the sa3d notice, be amended as iollo�vs: Construct a 21�r storm sewar and appurtances in MARIANNE Street frorn CLEAR�VATER BA1Y, westerly to the east line of POINSETTIA Avenue, a distance of appr�ximately 420 feet. 2. We believe that all the property owners listed in said notios will be benefitted by the reduced Froject, but not all to an equal degree. �Pherefore we re- quest that the cost of the project as amendod abo�e be assosssd against the Cit� of Claarwater, as a property owner to ba benefitted, and all other listed property owners oqu3tabl,y and in proportion to the benefit derived, as determ3ned by the City Engineer. 3. We Purther request tilat work on the project, as amended above, be delayed CITY CO�IMISSIQN R4EETTNG aeptember 17, 1951 until after the win�Ger visitars season for �he reason s�ated below. 4. Our reasons for requesting the abnve amendment to and reduction in �he proposed project are as follows: a. VJe flilly ackno�vled�e that the present lack of draina�e �t tho intersections of I�tARIANNE street with EAST SIiORE DRIVE, and with POINSETTIA. Avernze is a cdndition datrimental to tho city, to the public, and to our property. � b. The expense involved in carr,ying out the entire project would place a heavy financial burden at one time on all the listed. property owners, over and above �ocal, stat;e and Federal taxas which, it is our understanding are to be increaseci this year. c. We believe that the 21��'storm sewer and appurtances extending from CLEARWATER B}1Y westerly �o the east line of POINSETTIA Avenue are a necessity and should be constructed at the con- clus3on of' the approaching winter visitors season. In spite of h3�h and increasing taxes of a11 catagories we rvill some- how manage to pay equitable asses�ents to defray its cost. d. We believe the remainder of the proposed project, i.e. storm sewers and appurtances to�NIANDAL4Y Avenue and thance westerly 250��', as we11 as th.e curbs on EAST SHORF, DRIVE, POINSETTIA Avenue, and MARIA.NNE Strest, are not of iimnediate 3.mportance and could well be delayed to a later date in order to lighten th.e burden to the property owner.. e. Other than as mentioned above we are satisf3ed with the drain- sge in the area; we beliave it is adequate, and we know that existing drains and catch basins, some installsd at the personal expense of property owners, are satisfactory. fo We consider that the construction of any curbs at this time a needless expense to use I�any oP us are in business, have at considerable expense constructad and graded park3n� areas and car ports with gutters and drains which for the present are adeguate to our needs. The inatallation of curbs weuld not only involve additional assessments at a time of increasing taxes of al� kinds, but would also in many instances cause us additional expense in regrading our parking facil3ties to meet the new levels set bg the proposed curbs. g. tiVe request that the amendec� project de delayad until next spring when most of the winter visitors have departed. This, because to have MARIANIIE Straet blocked off by construction during the next few months would have a disastarous eY�ect on our �uainesses right at the opening of the season. h. We cartainly are not againstr improvements in this area and wish tio commend the City Cor�nisaion for its Poresi�ht and proinpt recognition of a aondition needing corr�ction. We only ask that this plan be broken do�vn into lesser projects in order �ha� the Pinancial burden be eased to a degree. (S'igned b�r 10 property owners� Indian River, 114ich. �ept. 11, 1951 This 3s to authorize B. A. Magrew Jr. to act in my behalY in opposing the proposed ��htarianne Street Draina�e (�rea�' in its present form, and to set forth my objeetions as they appear in a l�tter to h3m oP even date. Block Ei;, Lots 29-30-31 Signed, B. A. Iviagrew -- ----------------------__-____ Clesrwater, Florida� September 17, Z951 City Clerk City oP Clearwater Clearwater, Florida Dear Sirs Re: Notice of Public Hearing Court and Chestnut Street Improvement� to be held at City AalZ on th drzy oP e� em er, :30 p.m. With reference to the a bove, we, as a co�ittee for the Lic�ns Club in chsrge of thair property on Court S�reet� Peel that we should be heard in person to raise our proteat at that time as to our various reasons why we should not be a�seased f�r thase improvements on this property. Some or all of the co�nittee, along with the chairman, will be preaent at this meating on this date. F'}3�: � v� .�0 Yours truly, LIONS CLi7F3 �s� F. B. Cole, Chairm�n Building & Lot CauBnitteo �s/ J. YV. Hinds, Co-Chaixman CITY COMMISSTON 1�EETING �eptember lT!' 19$1 September 17, 1951 City Oonnnission of the City oP Clearwater, F�1.a. Clearwater, Florida. RESPONSE TO NOIPICE OF PUBLIC HEARING 2'ROSPECT AVENUE T�4PROVEhtENTS (�entlemen: and COURT AND CHESTNUT STRFET IMPROVEI�4ENTS Pursuant to the above notice of public hearing, the undersigned begs to advise that he hr�s made inquiries at both the City Clerk�s and the City Engineer's office and hae been unable to ascer�tain the amount oP the asseasments whiah will be lodged' against the respectiva properties owned by the below estates, and in order to pro- tect bath estates� rights, the following objections are interposed; (1) That the suggasted costa are out of line and exorbitant; (2) The cost� should be spread to aJ.l property benefitted rather than �hat specifiad in the notice; (�3) No basis ia ahown on which pr�perty will be assessed; (4) �'hat the Cit� oP Clearwater should bear a fair proportion oi the coat of the 3mprovement; (5) Description o£ the property suppoaed to be benafitted is defective; (6) That an9 asaessment af �he total bene�'it on a°front foot basis�= of ad3acent propertq only is discriminatory and conPiscatory; and ('7) That snme of the property of the undersigned 3ncluded in that to be assessed will receive no benefits whatsoevera HLC:eh RespectPully, H. Iane Coachrnan as Fxecutor of the Estate of E. H. Coachman, Deceased H. Lane Coachman as Executor o� the Estate oP &fae S. Coachman, Deceased PINELLA.S TRADI1tG CORPORATION By H. Iane Coachman President CI�'Y GOb4MIS'SION lYI�ETTNG S'eptember 1'7, 1951 F�I'S'OL'OTl'TON WFIEREAS the City Gonun3ss�ion, by mot?on duly passed on the 20t1Y dag of August, 1951, deemed it advisablos necessary and to the bast interest o� the C3.ty oi' Clear- wster, Florida, to do certain vrork and make ceri;ain improvements�as hereinaf,ter des- cribeo, within said City, and YJI3EREA� proper and legal notice of its intentions to do r�uch has been pub- lished, a copy of said notice, a1on� with the pubSisher�s a�'fidavit as to its date af publication bein� hereto attached and by rafereace be3n� made a par-� heroof, and WE�REAS the public hearing therein des!cribed'has this date been held and ob- jections ta said improvements made, and the City Connnis�3.on having determined that t1�.ere was no sufficient reason why said improvements should not be made NOW TF.EREFORE BE IT RESOI,VED by� �the City Corrnni�simn of the Gity of Glearvuater, Florida, in season duly and legally assembled; l. That objections to said improvements were offered at tho puUlic hearin� afore�aid by persons interested in the improver.�ents hereina:fter deacribed, which ob- jections were recorded in the minutes of the meeting and were overruled by the Com- mission and were found, and are hereby found to be insufficient by the Comraiss;ian and the Co�mnission further finds that it is deemed advisable, necessary and to the best �nterests of the said City that the following work and public improvenaents be done therein, ta tvit; Construct a 2I" atorm sewer and a�;purtenances: in I�Iaxianne Straet from Clearrvater Bayp westerly to the east line of Poinsettia Avenue, a dis- tance of approximately 420 feet, and �onstruct an 18" storm sewer and appurtenances from the east line of Poinsettia Avanue to the east line of I�Sandalay Avenue, a distance of approximately 290+, and construct a 12�� storm sevver and appurtenances frorn the east line of h4andalay Avenue wester��*, a distance of approximately 250�, a�nd construct curb on tne east and west side of existing pavement oi East Shore Drive fram the north line of Diarianne Stree:t, northerly a distance of approxiniately 250�, and construct Q curb on the east and west side oP existin�; pave- ment oi Poinsettia Avenue, from the north line of Ivfarianne Stre�t, northerly a distance of approxiniately 200�, and aonstruct a curb on the east and west s3de of existing pavement of p�insettia Avenue Prom the south line of Ivlarianne Street, southerly a distance of appro- x3.mate�y 195� . 2i. That the �roPer officials and employees of the City of C1earM�ater shall proceed with said impr�vements under applicablo provisions of the City Charter. 3. Ti�at when said improvements shall have been completecl the co:�t thereof' shall be assessed against the property abutting saic3 improvements or �diich lies in the i�nediate vicinity thereof and is henefited thereby. Al)OPTIOPT OF THE FOREGOIhTG Resolution v�as moved by Corrmiissioner Blanton , seconded by Commissi�ner Lgnn , and upon vate being taken same was un�nimously adopted this �.'7th day of September, A.D.s 1951. Herbart I�7. Brown Mayor-Commis�ioner ATTEST� H. G, liiin�o City Aud3tor and Clerk C2TY COMh21S'S']:ON MEETTNG S'epter�ber 1.7, 1951 RES OLU�!' I ON WHEFiFA,� the City� Commission, by motiom duly passed on the 20th dag� of A.ugus:t, 1951, deezned 3t advisable, necessary and t� the best interest of the City of Clearvrater, Florida, to do cer�ain work and malie certain improvementa as hereinafter described` vrithin said City, and WHEREAS praper and legal notice of its intentions to do such v�ork has been publiahecl, a copy of said notice, alang with the publisher�s �ffidavit as to ite @ate of �uUlication l�oing hereto attached and by reference be�ng made a� part hereof, and WHEREAS the public hear3ng therein descr3bed has this date been 1�.eld and ob- jectiona to sald improvements wero made, and the City Coranisslon having determined that there was no suFi'icient rsason why said improvements should not be made NOti'V TIi�REFORE BE IT RES03�VED by the City Connnis�ion of tha Cit� of Clear��ater, Florida, in session dul� and legally assembled: l. That objections to said improvements were offered at the public hearing aroresaid by Persons interested in the 3mpr•ovement� hereinafter described, vrhich objections were recorded in 'the minutes of the meeting and were overruled b� the Corrmiission and were £ound, r�nd are hereby found to be insufi'icient b� the com- mission and tha Corranission further finds that it is deer.ied ad- visable, necessary and to the best interests of the said City that the following vrork and public improvements be done Lherein, to wit: Construct a 27" stor-m sewer and appurtenances in Chestnut Street frorl the intersection of Chestnut Street and Court Street to the existing 36" storm sewer on the Vlest aide of I�iy�tle Avenue, a clistance o£ approximately 970+, and con- atruct a 15° storm sewer and appurtenances from a point approximately 240� East o£ the East line o£ Prospect �venue to the exiating 15�r storm sewer in Gourt Street at the Vdest line of Prospect Avenue, a distanee of ap�roxim,ately 340�, and construct an S�� sanitary sewer and appurtenances� ir� Court Street from a point approximatelg 90► 4Yest of the t"7est line of Greenvrood Avenue 'to the existin�; 8" sanitary seNer on the P1est line of Prospect Avenue a distance of approxi- mately 1120 lineal feet and construct a pavement 40� in width including curbs in Court Street frora tre VJest line of Green��ood Avenue to the Y�fest; line o� Prospect �venue, a dis- tance of 1030 lineal £eet. 2o That the proper officials and employees of the City of Ciearrvater shalT pro- ceed with said improvements under applicable provisions of the City Charter. �. That when sa3d improvements shall have been completed the cost thereoP sha11 be a sssssed against the property abutting said improvements or which lies in the iimnediate vicinity thereof and is benefited thereby, ADOPTION OP THE FOR�GOING 8esolution vras moved by Cormnissioner Turner , seconded by Co�aissioner Zynn and upon vote being taken s�me was unanimously adopted this T7th day oi September, A.D., 1951, ATTES�i': H. G. Nin�o its Auditar and Glerl� Eerbert hS. Brown h2ayor-Cormnissioner CI'PY' COI�ID�ISS'ION niEE�'ING September 17, 1951 I�ES'OLUT I�N WHER�AS the City Commis�i.on, by motion duly psssed on the 20th clay o� Auguat, I951, deemed it advisable, nece�sary, and to the best interest of the City of Clear- water, Florida, to do certair� �vork and mako certa3n im�rovemen�s as hereinaf�er des- crib�:� within said Ci�y, and WHEREAS proper and le�;a1 notice of its intentions to do such work has been ' pulalished, a copy of said notice, aJ.ang with the puul3sher�s affidav3t as to ite date of puUTication being herato attached and by re.ferenco bain� made a part hereof, and WHER�A� the public hearing thorein described has this clate been held and ob- 3ections to said improvements v�ere made, and the City Cor.IInission havin� determinad that there �ras no su.ffici.ent reason whg said improvenients should not be mede NOV7 THEREk'ORE BE IT RESOLVE� by the City Conmiission of the City of Clear- water, Florida, in session dul,q and le�ally assembled; 1. That objections to said inprovements were offered at tlio publie hearing aforesaid by persons interested in the i.Lnprovements 2iereinaiter de�cribad, which ob- jec�ions were recorded in the minutes of the meetang and wero overruled by the Com- mission and were found, and are hereby found ta be insufficient by the Couaniaston and the Gommission i'�irtl�er finds that it is deemed advisable, necessary and to the best interests of the said Gity that the fol�.owing work and public improvements be done therein, to wit: Construct a 15�� storm sewer aad appurtenances in Prospect Avenue fron the center line of Pierce Strest to the ,�enter i.ine of Franklin Street and in Franklin Street from the cenicer line of Prospect Avenue to the existing 36t^ storm sewer in Liyrtle Avenue, a d3.stance of approximately 83"0 }tneaT feet, and construct a pavement 3Dt in width in- c�ucling curUs in Prospect Avenue from the south line of Park Street to •the north lzne of Court Street, a dia- tanca of approximately 1375 feet. �, Zhat the proper afficials and employeas of the City of Clearwater sha11 proceed with said improt�ements under applicable provisions of the City Charter. 3. That v�hen said improverients shall have been completed the cost thereof sha11 be assessed against the property abutting said improvements or �rhich lies in the i�ediate vicinity thereof and is benefited thereby, ADOPTION OF THE FOREGOING Resolution was moved b� Corrnnissioner Blanton , seconded by Coiranissi.onsr Lynn ancl upon vote being taken same was unanimously adopted this �7th da�r of September, A.D., 1951•, HerUert Mo Brov✓n I;4ayor-Comr.issioner ATTEST: H. G. Yifin�o City Auditor and Clerk � ��