Loading...
01/25/1954 ..... ,',' ',." " .... "'.,:.0". .' '. " '.- ,~"'~,.:.,~;~:.",' i~\;/ ~ :.~~~ :-:"";'. . ",: .,' _,':. >,. CITY COMMISSION MEETING January 25. 1954 The City Commission of the City of Clearwater met in special session at City Hall. MOnday, January 25, 1954, at 1:30 P.M. with the following members present: Herbert M. Brown John W. Bates W. E. Strang, Jr. Jack Ruesell Guy L. Kennedy Alao present were: Mayor-Commissioner Commissioner Commissioner Commissioner Commissioner F. C. Middleton Chas. M. Phillips G. T. McClamma S. Lickton City Manager City Attorney Chief or Police City Engineer ..."'-................ ---- The meeting was called to order by the Mayor who announced that the metting had been called for the purpose of discussing the contract with reference to purchas- ing water from the County. He stated that an offer in the form of a letter dated January 19, 1954, had been submitted by Mr. C. E. Koch for the Mecea Water Service Company offering to sell the City water at the rate of four cents per thousand gallons. Mr. Koch who was present stated that his company was able to ,sell water at a cost of one cent per thousand gallons less than the County due to che tact that his company by doing its own financing would not have to pay interest on borrowed money and also because his company would not have to bring the water a long distance from the north end of the County. He estimated tha~ his company could furnish the water within a six monthst period. When questioned as to the amount of water he would be able to produce, he stated that his company owns nearly 3,000 acres which is available as a source of supply as compared to the Countyts one and one half miles ot County highway right-of-way in the Mecca area. He said he had made no stipulations as to the minimum amount in his proposal as he felt sure there would be a sufficient demand for water. He also said tbat iC his olCer received the approval of the Commission, he would have the entire area tested as to its potential supply. He did not have a contract prepared and ready to submit at this time. He summed up his proposal by saying that he proposes Co do anything the County will do at a cost of one cent less per thousand gallons. Commissioner Bates suggested that the Commission request Mr. Koch to submit a definite proposal of what he will do along the lines that we have discussed and outlined. The other members of the Commission concurred with Commissioner Batest suggestion that the Commission request Mr. Koch to submit a formal contract proposal. Regarding the proposed water contract with Pinellas County, the City Attorney presented a letter to the Commission containing recommendations and comments from the County Attorney and the City Attorney on the amendments suggested by the City Commission meeting in executive session on January 21, 1954. The City Attorney's letter is set out in the following pages of these minutes and by reference made a . part hereof. The Commdssion discussed the various revisions and amendments to the proposed water contract. Such amendments as were approved by the members of the Commission were noted by the City Attorney for inclusion in the contract. Commissioner Russell moved that the City Commission go on record that the water contract as amended be temporarily approved, subject to amendment to embody the suggestions or bond attorneys, and subject to further .amendment by the parties prior to final adoption and slgning. Motion was seconded by Commissioner Bates and carried unanimously. The City Attorney read a letter from Mr. Lloyd S. Marks on behalf of his clients, Mr. Stewart Golding and Mr. Simon Marks, requesting approval of assignment of lease now held by Oscar and Mary Hendrick on City-owned property, part of Lot 10, City Park Subdivision. upon which the Small Boat Marina Building is located. The City Manager said that he approved the transfer of the lease. Commissioner Strang moved that the assignment be approved and that the proper authorities be authorized to execute the assignment. Motion was seconded by Commissioner Russell and carried unanimously. There being no further business to come before the Commission, the meeting was adjourned at 4:03 P.M. Attest: ~~ Mayor- omm ss one ;tff~ - City Atf r and Clerk --~ -"~ :3 p k; ~' .: '#':.'." .,J(X;,. ::~{,t~;< .::'n,;(.~. . .;~,~:~ .:~?':"'" , ligt~ i!1..):~;:, " -j..:, , j .. ~ ~ , \ , l J 1 j 1 1 I j . ~ .' ,'" . "" . "1 ,'. :. "j', ..j , , .... ,.': ". '" ~, .... ,". ..!;;,?:::..~<;~~:.:~#:~:.~~~~:~~~~~:t~.'; -," Ci:,;;'~j;~;,~;;';4ii&;~ili~0)~;iii~Ji!;f;;;';;:~b\ .}~:; , ~)if.7;~' ~:'." lf~;~1:~~it ;' ...',. ,'.' ::.....,>,. ':! >, ~.., . .... . .~ ,'':.' '" ", ~ . .. .' . " ",.\. ',> . /.',: :'j ",,: CITY COMMISSION MEETING January 25, 1954 Mayor-Commissioner Herbert M. Brown Commissioners: Jack Russell, W. E. Strang, Jr. John W. Bates, Guy L. Kennedy January 22, 1954 Gentlemen: The City Commission will meet in Special Session on Monday, January 25, 1954, at 1:)0 p.m. in the City Hall Auditorium for the purpose of discussing the contract with rererence to purchasing water from the County. Very truly yours /s/ F. C. Middleton City Manager FCM:s -----------------------------------~-----------~----~----~-------------~--------- Mayor-Commissioner Herbert M. Brown Commissioners: Jack Russell, John W. Bates W. E. Strang, Jr., Guy L. Kennedy January 25, 1954 Gentlemen: After the Executive Session o~ the City Commission on January 21, 1954, I talked with the County Attorney about each of the questions regarding the water contract raised at said Executive Session. The questions were six in number and the following commentary constitutes the joint recommendation of the County Attorney and myself regarding said questions: 1. The maximum number of gallons the County can be required to ~urnish to the City during any single day of gallons. This figure was set at 8,000,000 gallons by Mr. S. K. Keller, County Water Superintendent. 2. It is felt that an arbitration clause is not advisable for the reason that it might constitute a delegation of governmental authority to the arbitrators, which delegation is prohibited by law. This provision is warranted in the City's contracts with individuals for leases and the like, for functions of the City Commission in its propr.ietary capacity, but the furnishing of water is an exercise of the City Commission's power in a governmental capacity so that we ~eel a delegation of authority is not authorized. 3. The word "downward" will be inserted in Paragraph 10 between the words "adjustment" and "mutually". 4. The amount of time to be inserted in the blank space in Paragraph 14 was not discussed between the County Attorney and me, but I feel that it would be "one year". In the event that during construction it was found that the County"s program was under-financed, the City would suffer no damage whatsoever for the reason that the City's credit is not pledged for the project, and the City is not required to pay anything until the County actually starts to furnish water. The financibility of the project is now receiving and will continue to receive the primary attention o~ the County authorities, the consulting Engineers, and the Bond Attorneys. It is their job to assure that the project is financible and is actually financed adequately before construction begins. I see no real danger that construction might be halted because of lack of financing. 5. The 5th question had to do with the possible re-negotiation of a lower rate, in the event that the County furnishes water to other cities and by doing so lowers the over-all cost of water to all users, including the City of Clearwater. During the initial period while the City is paying five cents per thousand gallons, increased revenues of the County system will go to the retirement of the revenue certificates, which will bring closer the date when all the certific'ates are paid and when the City and County will re-negotiate for furnishing water to the City, at the cost of furnishing it to the City without cost of furnishing it to other users. In addition, the five-cent rate is a low rate, and is the County's response to the City's request ~or a fixed rate rather than for a rate based on uncertain costs. It is next to impossible that furnishing of water to other users would reduce the cost of furnishing water to the City below five cents per thousand gallons. I think that the County is correct in feeling that the City should be allowed to purchase water during the initial period, either on the basis o~ cost or on the fixed rate basis, but not on both bases. I recommend that the City accept the five-cent rate. 6. In regard to Paragraph 15, my only suggestion is that the words "it is anticipated that", in the next to the last line thereof, be stricken so that there is a positive statement that the system is to be operated at cost. In my opinion the paragraph captures the intent of the Commissions by saying as accurately as it is possible to say that the City is to get water at cost upon any re-negotiation. (Continued) ...............;;.."""'" - .,- f".' . . .',.,' . . 0" f. . . \ " . t: . . . '.~: .'. r \ I' ~ '. .: ...~,\ :', I.:.~......::,,;;::;i::::~~< ' . .J".....;............. ,..... ...'...'..'......~;,: '\ '/,\:" ::';','/"\'. " ", '. , . ~~f1ffi"\"~t7;~~;~~"'~!~~t~i~k,~~;MiJ:,:;?r~it:~;i:J.~{'&lSi)[J!:I~~0~~jt" ," ,." '. . 3 CITY COMMISSION MEETING January 25, 1954 (Continued) Because the Commission may wish to make some change in the foregoing, I did not embody these provisions into a new version or the contract; however, at the Special Meeting on MondaYi January 25th, the City Commission may make such altera- tions as it deems advisab e on this sheet, and then pass a motion that the water contract as amended be temporarily approved, subject to amendment to embody the suggestions of bond attorneys, and subject to further amendment by the parties prior to final adoption and signing. CMP:d cc. Mr. F. C. Middleton, City Manager Resp'ectfully, ls/ Charles M. Phillips, Jr. City Attorney ---------------------------------~--~--------------------------------------------- City Commission City Hall Clearwater, Florida Gentlemen: January 22, 1954 My clients, Mr. Stewart Golding and Mr. Simon Marks, are contemplating the purchase of the building and the lease-hold interest or Oscar and ~~ry Hendrick, located on Clearwater Beach, and known as the Small Boat Marina. It is my understanding that the lease provides that it cannot be assigned without the written consent of the City of Clearwater. Attached, hereto, is a proposed consent to the assignment of this lease, which, if approved, I would be very glad if you would authorize the proper officials to execute the same so that this transaction can be consummated in a proper and legal manner. My clients intend to continue the same general operation of the Small Boat Marina with certain improvements, and also intend to spend some money in beautifying the surroundings. They have long been impressed with the orderly growth of the City of Clearwater and I am sure they will make desirable tenants for the City. Sincerely yours. /s/ Lloyd S. Marks Suite 407. Coachman Bldg. --~---------~-------~--~-~-----~-~-~--------------------------------------------- " -', CTTY CONIMISSION ME�TING January ti5, 1954 The City Coramission of the City crf Clearwater met in sp�cial session a� Ci,ty Hall, blpnday, January 25, 1954., at 1:30 P,M. w3th the �oZlo�ving tnembers presentt Herbert M. Brown John W. Batea W. E, Strang, Jr. Jack Russell Guy L. Kennedg Also prasent wexe: F, C. Mictdleton C123s. T�I. PhilZips G. T. McClamm� S. Lickton Maqor-Commissioner Comm�ssioner Comm3.ssioner Commissioner Comm3ssioxier City Manager City Attorney Ghief a� Polioe City Engineer � �� The meeting was called to order �y the Ma�+or who announced tha� the meeting had been call�d for the purpose of disaussing the contracx with ref�rence to purchas- ing water fram the County. He stated that an offer in the f`orm of a letter dated January 1$, 1954, had been submitted bp Mr. C. E. Koch for the biecca Water Service Compan? offering to sell the City water a� the rate of four cents per thousand ��llons. Mr, Koch who was present stated that his company was able to sell water at a cost of` one cent per thousand gallons less than �he County due tio:`the fact that his company by doing its own finan::ing would not ta.ave to pap interest on borrowed money and alsc� because his companq would not have to bring the water a long distance from the north end of the Countq. He estimated that his comp�,nq coul.d furnish tbe water within a si.x months� period. When questioned as to the amount o£ �+eater he would b� able to produce, h� s�ated that his company owns nearlp 3,000 acres which is availabTe as a source o£ supply as compared to th� Countyfs one and on� half miles of County highwa� right-of-way in the Mecea area. He said he had made no stipulations as to the minimwm amount in his proposal as he �elt sure there wauld be a sufficient demand for water. He also said that 3f his o��Q� received the approval of the Commiss3.on, he would have the entire area tested as to its g�t��cial supply, He did r�ot have a contract prepared and ready to subm3�G at this time. He summ�d up his proposal by saying that he prop�oses to do anything the County will do at a eost of one cent less psr thousznd gallons. Cocmniasivner Bates suggested that 'tne Comm3ssien requesti Nir. Koch to ssa.bmit a dsfinit�e proposal a� what he will do alon� the lines that we have discussed and aut,litted. The other members of the Commission concurred with Co�nissioner Batest suggestion that �hs Commission request Mr. Koch to submit a formal contract proposal. Regarding the proposed wa�er cantract vrith Pinellas County, the Citp Attorn�y presen�ed a letter to the Commission containing recommer.dations and comments from �k►e Gounty Attarney and the Gity Attornep on the amendmants suggested by �he Ci�y Gommission meet3ng in executive session on January 21, 1934- The �i�;r Attorneyrs lett�� is set out in ths follcwing pages of these mi.nubzs and hy ref�rence made a part hereof. The Coromission discussed the vasious revisions and amendments to the proposed water contract. Such amendments as r�*ere approved by the members of Che Commi�sion were noted bp the C,ity Attorney for inclusian in the contract. Commissioner Russell moved that the City Commission go on record tha� the tvater cantract a� amended be temporarily approved, subject to amendmen� to embody the suggestions of bond attorneys, and subject to further.amendment bp the par�ies prior to fittal adoption and signing. Motion v�as seco�ded by Gommissioner Bates and carrisd unanimously. fihe �ity Attorney read a letter from Mr. T,].oyd S. h�arks o�� behalf o�' his cl3ents, Mr. Stewar� Gol�iing and Mr. Simon Marks, requesting a�proval of assi�nment of lease now held bp Oscar and P�fary Hendrick ott City-owned property, part of Lot 10, City Park Subdivision, upon which the 5mali Boat Marina Building is Zocated. 3°he City Manager said that he approv�d the transfer of tla8 iease. Commissioner Strang mov�d that �he assignmert be approved and that the proper authorities be authorized to executs the assignment. Motion tvas seconded by Commissione�• Russell and carried unanimously. Thers being no further business to come bei'ore the Commissi�n, the meeting was adjourned at 4:03 P,Ma A�t�st: 0 �� c���� ""' City Audi r and C erk �&��� I�ayor- ommissione � CTTY COMMISSION MEETING January 25, 1951� Mayor-Commissioner Herbert M, Brawn Commissioners: Jack Ftussell, W. E. Strarg} Jr. John W. Bates, Guy L. Kennedy Gentlemen: January 22, i954 `a y- �� The City Comriission will. meet in Special Session on Monday, January 25, 1954, at 1:30 p.m. in the City Hall Auditorium for the purpose of d3,scussing the contract with xeferenca to purchasin� water from the Countp. Very truly yours, /s/ F. C. MiddZeton FCM:s Ci�y Manager Mayor-Commissioner Herbert M. Brown Commissioners: Jack Russell, John W. Bates W. E. Strang, Jr., Guy L. Kennedy uantlemen: January 25, 195� After the Executive Session of the Citg Commission on �Ianuary 21, lgg4, � talked with the County Attorney about each of the question5 regarding the water contract raised at said Executive Session. The questions w�re six in nu�eBer and the following commentary constitutes the joint recommendation of �he Gounty Attorney and myself regarding said questions: 1. The maximum numYs�r of gal.lons the County can be required to furz�ish to �he C�.ty d:uring any single clay of gallons. This figure was set at $,000,000 gallons by Mr. S. K. Keller, County Water Sv,perintendent. 2. It is felt that an ar�itration clause is not advisable for �he reason that it might constitute a delegatian of governmental sutnori.ty to �he arbi�trators, which delegation is prohibited by law. This provision is warranted in the City's contracts with individuals for leases and the like, for functions of th� Gity Cpmmission in it5 prapr,ietary capacity, but the furnishirg of water is an exercise of the City CommissionYs power in a governmental capacity so that we feel a delegation of authoritp is not authorized. 3. The word "downwardTM will be inserted in Paragraph 10 between the words "ad justmentf� and 11mutuallytt. 4. The amount of time to be inserted in the blank space in Paragraph 1l� was not discussed bstween the Countp Attorney and me, but I feel that it would be 'Tone year�T. Tn the event that during construction iG was found that the County's program was und�r-iinanced, the City wQuld suffer no damage whatsoever for the reason that the Citcy's credit is not pledged for tlie project, and the City is not require� to pay anything unt3.1 the County actually s�arts to furnish water. The financibility of the projec� is now receiving and will. continue to receive the primary attention of the County autho�ities, the consulting Engineers, and �he Bon3 Attorneys. It is their jab t� assure that t�e project is fanancible and is 3ctually financed adequately before constx'uctian begins. I see na real danger that construction might be halted because of lack oi financing. 5. The 5th questian had to do with the possible re-negotiation of a lower rate, in the event that the Count�r furnishes water to other cities and by doing so lowers the over-a11 cost of water to all users, including �he City of Clearwater. Dtiu�ing the initial period whil.e the City is paying five cen�s per thousand gallons, increased revenues of the Count}T system rvill go to the retirement of the revenue certi�xcates, which will bring closer the date when a11 the certifiE'ates are paid and when the Gity and County will z°e-negotiate for furnishing water to the Gity, at the cost of furnishing 3.t to the City without cost of Surnishing it to other users. In additi�n, the five-cent rate is a 1aw rate, and is the County's response to the City's request for a fixed rate r�ther than for a rate based an uncertain costs. It is next to impossible that furnishin� of water to other use�rs would reduce the cost of furnishing water to the City below five cents per thousand gallons. I think that the Gounty is correc� in feeling tr�at the City should be allowed to purchase water during the i�,itial period, either on the basis of cost or on the £ixed rate basis, but not on both bases. I recommend that the City accept the five-cent rate. b, In regard to P�ragraph 15, mp only suggestion is that the �vords "it is anticipated thatTM, a.n the next to the last line thsreof, be strickan so that there is a positive statement tha� �Che system is to be operated at cost. In my opinion the paragraph captures the intent of the Commissions by saying as accurately as it is possible to say that the Cit}* is to get water at cost up�n any re-negotiation. (Continued) CZTY COMMTSSION MEE�ZNG January 25, 1954 {Continued} Aecause the Commission rnay wish to make some change in the foregoing, I did not e�nbody these provisions into a new version of the contrac�t; however, at the Special Meeting on Monday, January 25th, the City Commission map make such al�era- tions as it deEms advisable on this sheet, and then pass a motion that the water contract as amended be tempora^ily approved, subject �o amendmpnt to embody the suggestions of bond attorneys, and subject to further amc:•n@ment by the parties prior to final adoptian and signing. Resgectfully, CMP:d /s� Charles M. Phillips, Jr. cc. Mr. F. C. Middleton, City Manager Gity Attorney City Commission City Hall Clearwater, �lorida Gentlemen: 3anuary 22, 195�. 3 .5� My clients, Mr, Stewart Golding and Mr. Simon Marks, are contemplating the purchase of the buil�i:ng and the J.ease-hold interest of Osear and Nary Hendrick, located on Clearwater Beach, and known as the Small Eoat i4farina. It is my understanding that the lease provides that it cannot be assigned without the written consent of the City of Clearwater. Attached, hereto, is a proposed conseni to the assignment of this lease, which, if approved, I vrould be very gla� if you would authorize the pro�er oifici�ls to execute the sarae so that this transactian can bP cansummated in a proper an3 1ega1 manner. My clients intend to cantinue the same general operation of the Small Boat Marina with certain improvements, and also intend to spend some money in beautifying the surraundings. They have long been impressed with the orderly groFrth o�' the City of C].earwater and I a:�� sure they will make desirable ten%�nts for the City. Sincerely yours, /s/ Lloyd �. Marks Suite 1�07, Coachsnan Bldg.