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04/19/1954 ~ . ~ . .- '" 'i::~i:~ttt~~~!11i;';;'~"il;~"';""""'b"'" ." ....: .~ ::1i. ': :::~~J~~ ,< .'l''1f . i',:.i~I~}~~~ ';~~J1i~i~)~:;, ) >.---'..~~ ..":1..,:' " , . J "':'. ~:. ~:~ '.'::f!?T? ;~ :,",>/":. ' 'j: <""U;",; '..: " ' ;; ." .....1 . .' ....., ..... "I . ' ~ '. ..,' '1: .". :'1. , - ': . - . ., -'~ ' . ".,; . .,'.;...... . ".'. . . " .. '.. .' ! \1 . . " ~." ". ...., .. " . "'" ,",.' ..'" ..' 'fl r2 n I ,- ( ..,... < -- CITY COMMISSION MEETING April 19, 1954 The City Commission of the City of Clearwater met in regular session at City Hall, Monday, April 19, 1954, at 1:30 P.M. with the following members present: lierbeI't M. Brown John W. Bates Jack Russell W. E. Strang Guy L. Kennedy Mayor-Commissioner Commissioner Commissioner Commissioner Commissioner ! I !' I i ! f I I I I ,.... ' Also present were: F. C. Middleton Chas. M. Phillips, Jr. G. T. McC1amma S. Lickton City Manager City Attorney Chief of Police City Engineer u~........,.....".... The Mayor called the meeting to order. The invocation was given by Reverend J. S. Dauerty. The Mayor asked if there were any corrections to the minutes of April 5th and April 12th. Commissioner Strang requested that the minutes of April 5th on Page 413, Paragraph 7, be corrected to show the Commission was approving the granting of a five year lease to Mr. Adolph Pfund, Jr. Commissioner Strang moved that the minutes of the regular meeting of April 5th and the special meeting of April 12th be approved as amended in accordance with the copies furnished each member in writing. Motion was seconded by Commissioner Russell and carried unanimously. " ,'.. .' ,:. :,~..' ,1 The City Manager reported that six bids had been received for the construction of the paving on Missouri Avenue, between Court and Cleveland Street. The bids were opened and read as follows: w. H. Armston Co., Dunedin Orville Harris Paving Co., St. Petersburg Davis & Schultz, Dunedin Blackburn Paving Co., Clearwater E. H. Holcomb, Jr., Clearwater Cdmpbell Pave Co., Clearwater $11,762.00 12,249.00 12,997.00 11,499.92 14,441.00 16,786.00 The City Manager recommended that the contract be awarded to the low bidder subject to the bid being checked with the specifications by the City Engineer and himself. Commissioner Bates moved that the paving and curbing on Missouri Avenue be awarded to the low bidder the Blackburn Asphalt Paving Company o~ Clearwater at a price of $11,J~99.92 subject to a check by the City Engineer and approval of the City Manager. Motion was seconded by Commissioner Kennedy and carried unanimously. The City Manager reported that five bids had been received for two new police cruisers, the first with a '51 Plymouth trade-in, the second with a '52 Chevrolet trade-in, and a new ~ ton pickup truck for the Building Department with no trade-in. The bids were opened and read as follows: 1. Ailt. #1 2. Alt. #2 Truck Ken-Str. Ford~ $1,042.77 $742.77 $1,125.00 Lokey Olds 1,621.10 1,521.10 Orange St. Interntl~ 1,231.35 Thayer Plymouth $894.00 $794.00 Dodge) 1,144.00 1,044.00 1,114.00 Dimmitt Chev) 699.00 399.00 1,123.98 The City Manager recommended report at the next meeting. recommendation be accepted. carried unanimously. that the bids be referred to him for tabulation and Commissioner Strang moved that the City Manager's Motion was seconded by Commissioner Kennedy and Regarding the tabulation of the bids for the Negro Swimming Pool and Bathhouse, the City Manager reported that although the low bid for constructing the pool was from W. H. Armston Company and the low bid on the bathhouse was from R. M. Thompson Company, there would be less than $2,000.00 difference in accepting the total combined bid of R. M. Thompson Company of $49,200.00 and he recommended accepting that bid in order to have one contractor responsible for the entire job. Commissioner Russell moved that R. M. Thompson Company be given the bid for the swimming pool and bathhouse, a turn key job for $49,200.00. Motion was seconded by Commissioner Strang and carried unanimously. The City Manager requested that Item 4B, Awarding of bids for Painting of Drawbridge, be deferred. The City Attorney read a letter from Mr. Harold Briley stating that the bids on the materials and equipment to be used in connecting the City'ls ,water distribution system with the County1s interim system had been tabulated and he would recommend accepting the rol1owing bids: U. S. Pipe & Foundry Co., Birmingham, Ala. Cast Iron Pipe, Fittings and Specials, Flanged Pipe Fittings and Specials Items lA, 2A and 7 Total $25,177.00 ~ .".'''''' -, ~.;i:Ji:f;:'~;~lt,.,."..., '.' ."~ "'".'~\ ;: '..:', . .,,:',' ""_"4' -2- CITY COMMISSION MEETING April 19, 1954 " .,,~ . ).' I ,~;~U'" \" ....,. :'. "~J,.,..., .' M. & H. Valve & Fitting Co., Anniston, Ala. Gate valves, Check Valves, Valve Boxes and Fire Hydrants Items 3, 4, 5, 6, 8 and 9 Fairbanks-Morse & Co., Atlanta, Ga. Booster Pump & Electrical Equipment Item 10 2,192.72 I r r l: Total 3,255.55 .} . I Total Laurance & Rutledge, Largo, Fla. Installation of materials and equipment under Alternate #1 12,673.00 $43,298.27 Combined Total II ';1 Ji ;j The City Manager stated that he joined Mr. Briley in making the recommendations on the bids and said he also recommended continuing the use of cast iron pipe in the Clearwater system. Commissioner Kennedy moved that the recommendation of the Consulting Engineer and the City Manager be accepted, the contract awarded for this water system improvement step in accordance with the letter of Briley, Wild & Associates, Engineers, for a total sum of $43,298.27. Motion was seconded by Commissioner strang and carried unanimously. The City Manager recommended the installation of pipe and rittings to com- plete a six inch water main on Bay Esplanade at Royal Way and another to run from the corner of Clearwater street up to directly in front of the Yacht Club to tie in with the line from the water tank at an estimated cost of $1,085.00. He stated that he was recommending this in order to increase the water pressure on the Beach and said it would be part of the future development or the water system. Commissioner Bates moved the City Manager's recommendation be accepted and the authorization of $1,085.00 be approved for making these two connections. Motion was seconded by Commissioner Russell and carried unanimously. The Mayor announced the Public Hearing on the construction of a sanitary sewer on South Gulf View Boulevard 95 reet south of First Avenue to the inter- section of Harnden Drivej on Coronado Drive 243 feet south or Third Street to intersection of Harnden Drivej on Harnden Drive 150 feet south of First Street south to intersection of Gulf View Boulevard; and a pumping station at Harnden and Devon Drive. The City Manager stated that there had been a request for sanitary sewer from twelve property owners on Coronado Street, and that since then, there had been a request from other property owners on Harnden Drive and Gulf View Boulevard. He reported that two preliminary hearings had been held and the reaction from those property owners who were present was favorable. The City Engineer estimated the cost of the pumping station between $12,000.00 and $13,000.00, the total cost of the project at $55,000.00, and the cost per rront foot between $5.70 and $6.50. Mr. E. B. Casler, Jr., protested an behalf of his client, Mr. A. N. Notopoulos, and read a letter objecting to the cost of ~he pumping station being included. He suggested that only part of the cost or the pumping station be assessed. It was his idea that the pumping station would have surplus capacity not needed for this project. The City Engineer pointed out that the pumping station was designed for this particular project and that in the event new areas came in later, additional pumping stations would be needed. Mr. Robert Smith, owner of part of Lot 3, Columbia Subdivision, objected to any assessment against his property as he has a sewer connection running across his other property which ties in with the existing sewer on Coronado Drive. Mr. J. A. Novotney entered objection on behalf of Mr. Jerry Dolezal. Mr. Thomas Hamilton objected on behalf of Mrs. Burnice Hamilton stating that the estimate by the City Engineer of $5.70 to $6.50 per front foot did not compare with similar projects and that the project was inequitable. Mr. H. H. Baskin stated that the narrow lots designated on the plat of Columbia #3 as lA, 2A, 3A and 4A could not be built upon and could only be used for private dOCking purposes, and for that reason these lots should not be assessed with the cost of any sewer. The Engineer stated these lots were not included in the preliminary estimate for that reason. During the discussion, the Mayor pointed out the fact that the City is the owner of a large strip of public beach property on the west side of Gulf View Boulevard which property had not been included in the assessment cal- culation. Commissioner Bates suggested that the City assume its portion of the assessment for the lots along Gulf View Boulevard and that the narrow I1A" lots on the east side of Harnden Drive not be included in the proposed assessment and that the project be approved on that basis. Having heard this Public Hearing and having heard no valid objection and recognizing that in a number o~ cases that it is going to be a financial burden on a number of these people but still in virtue of the over-all public good, Commissioner Bates moved that the City install the sanitary sewer for the South Clearwater Beach and that in order to reduce the burden to the minimum practical that the City assume its portion of the cost for the City property where this line will pass. Motion was seconded by Commissioner Russell and carried unanimously. The Mayor announced the Public Hearing on the request o~ Mr. H. H. Baskin to have the SEt of the swt of the NEt less the west 265 feet of Section 14, Township 29 S, Range 15 E, changed to Business zoning. The City Attorney read the request from Mr. H. H. Baskin which explained that this property on the northwest corner or Thlncan Avenue and Gulf-to-Bay Boulevard was to be purchased by Mr. Howard Ewing, that the south 280 reet of this property is in the Business zone, the remainder being in the R-4 zone. He pointed out that the R-4 zone crosses through a large building of warehouse type which is be~ng used for business and requested that Business zoning be extended to include all of the described property. In his letter, Mr. Baskin asked in event the application was denied that the Commission approve a continuing use of the premises for < <..' h ~'".".'A- . ~:~if~lf't} ~l..~.:; it.~~'. :~v. : :: ~/', ';,~, 1; _''.il', '",' . "',' , . ~ ; . , .' '-' ". - ., ., '.' .' ~ . , =--> '., - ' ,I. , ",,,\ .'. ','.1. . . ,." '".,:. '1 I " f I j ! I I i I '" 'l .. i , ~ I j I j ~ l ~ 1 .1 I .,1 . .;. I .' 'J . . ''';' :..;~.,,".. .';, ;.;. ~ ifZCf -3- CITY COMMISSION MEETING April 19~ 1954 business purposes. The City Attorney read the recommendation of the Zoning Board which was that the request be denied for the following reasons: 1. No hardship had been shown. 2. It would lower property values in the area. Commissioner Strang moved that the Commission uphold the decision o~ the Zoning Board and deny the application in accordance with their recommendation. Motion was seconded by Commissioner Russell and carried unanimously. Mr. H. Baskin addressed the Commission asking them to act on the second part of his request, to go on record as recognizing the non-conforming usage. of the property. Mr. R. J. McDermott, attorney, ~or the property owners in the af~ected area presented a petition of objection bearing signatures of 95 persons and stated that it was his opinion that the previous use of the property had been conforming to the R-4 zoning rather than non-conforming. Commissioner Strang moved that the Commission send proposition #2 or this request of Mr. H. H. Baskin on the use of this property prior to the Zoning Ordinance back to the Zoning Board for complete study and information so that we can determine whether or not this is a non-conforming use and that this portion of the Public Hearing be adjourned to r~y 17th. Motion was seconded by Commissioner Russell and carried unanimOUSly. Commissioner Kennedy suggested in referring this to the Zoning Board that they be requested when they return the subject to the Commission to certify as to the historical use of the bUildings that are in the R-4 zone and also the one building that is partially in the Business zone and partly in R-4. He said we want to get the Zoning Board to clarify the former usage of those buildings and to determine the exact purpose for which the buildings had been used in the past. Mr. M"Dermott also riled with the Commission a petition from the property owners in Skycrest Subdivision bearing the signatures or 64 persons requesting that parking be prohibited on Rainbow and Duncan Avenue at or near the area around Howard's Auction House. The Mayor suggested that the matter be handled by the Chief of Police and that he should investigate and see what can be done to relieve the situation. A Public Hearing was announced by the Mayor on the request of Mr. James Andrews to have Lot 6, Block A, Boulevard Pines Subdivision, presently zoned R-l, zoned as R-2. The City Attorney read the letter from Mr. Andrews which stated that he would like to sell the lot to be used to construct a duplex. The City Attorney also read the recommendation or the Zoning Board which was that the request be denied. Mr. M. B. Thayer, a resident of the area, addressed the Commission saying that since this lot adjoined Lot 5 which is in the Business zone he was in favor of permitting the building of a duplex to act as a buffer between the business property and the R-l property. Several of the other affected property owners were present to object to the granting of the request. The Mayor suggested that the Public Hearing be adjourned to allow time for Mr. Andrews to show the proposed plans to the affected residents to see i~ an agree- ment could be reached. Commissioner Strang moved that this Public Hearing on the request of James Andrews be adjourned to May 17th. Motion was seconded by Commissioner Kennedy and carried unanimously. The Mayor also suggested having a report rrom the Crest Lake Association on the matter. The Mayor announced a Public Hearing on the request of Mr. George B. Cassell for a five foot setback line from Mango Street for Lot 1, Block 10, Mandalay. The City Attorney read a letter explaining the request from Mr. Cassell and also the Zoning Board-'s recommendation which was that the request be granted. The Mayor asked if there were any objections from anyone in the audience and there were none. Commissioner Russell moved that the request of George B. Cassell for a five foot building setback line from Mango Street for Lot 1, Block 10, Mandalay Subdivision, for an addition to an existing structure be approved. Motion was seconded by Commissioner Bates and carried unanimously. A Public Hearing was annourlced by the r~yor on the request of the Belmont Baptist Church for the re-zoning rrom R-2 to R-4 of Lots 11, 12, 13~ 14, Block F, Carolina Terrace, to permit the erecting of a church building. The City Attorney read the request from Reverend Fred M. Vining, Pastor of the Belmont Baptist Church, and reported that there was a petition attached to the letter signed by ~orty of the property owners in the immediate area showing that they were in favor of granting the request. The Mayor asked if there were any objections from anyone in the audience and there were none. Commissioner Strang moved that the request of the Belmont Baptist Church for the rezoning from R-2 to R-4 of Lots 11, 12, 13, 14, Block F, Carolina Terrace Subdivision, to permit the erecting or a church be approved according to the Zoning Board's recommendation. Motion was seconded by Commissioner Russell and carried unanimOUSly. , I r ! f.' ,:. ....1. , .' . :.~:"I.:';::'t.~.' i..' 'c<,: ,;:~ij~~~i;;);: ' t..,<",,,,~ t,.,,..,:,;,.t., c" , ~~~~f~ . :<~.' . '--' The Mayor announced consideration or the request of Mr. Sarafem Dervech to construct a bulkhead at Lot 34, Brookside Subdivision. The City Attorney read a letter from Mr. Dervech explaining that it is planned to build a business building on Lot 34 but the east twenty feet of the lot comprises a drainage easement to the City or Clearwater. He requested permission to construct a concrete bulkhead over five feet of this easement to accommodate the proposed building. A report from the City Engineer was read indicating that a properly constructed bulkhead would not affect the functioning of the stream nor affect any properties in the vicinity. He recommended that Mr. Dervech employ an engineer to design the bulkhead and that it be installed under the supervision of the Engineering Department. Commissioner Bates moved that the request of Mi~. Dervech to construct a bulkhead on Lot 34, Brookside Subd1vision~ be granted on the condition that he construct this bulkhead in accordance with the recom- mendations and inspection of the City Engineer. Motion was seconded by Commissioner Russell and carried unanimously. " \... h . ~f;:'" ~~~".%""'"':""'''''''''''I''~'''':-''''''l~~':l'';."\I~m-1-~~I'~~~'~"''t.~~.''', ....~l";:~ ~,:",' :,,;...~~ ~ ....f~r;'~;;~rw:~.~.:;'l"~it1;J, ~ ~ . ,; . . j .. tj 30 -4- CITY COMMISSION MEETING April 19, 1954 '. \,' 'rhe City Attorney read the request of Koch and Jones, Inc., Real Estate Brokers, for permission to erect a commercial sign, 4 feet by 6 feet on Druid Road between Willow Branch and Regent Streets, advertising Druid Acres Subdivision. He also read the Zoning Board's recommendation which was that the request be denied as the Board does not favor commercial signs in R-l areas on main arteries. Commissioner Bates moved that the request of Koch and Jones to erect a commercial sign on Druid Road between Willow Branch and Regent street be denied in accordance with the recommendation of the Zoning Board. Motion was seconded by Commissioner strang and carried unanimously. The City Attorney presented proposed Ordinance 648 concerning the examining and licensing of general contractors for consideration on its third reading. Mr. Ben Krentzman, attorney, explained the Ordinance in detail and answered questions from the audience. Mr. Wm. H. Wolfe and others questioned Mr. Krentzman about what effect the Ordinance would have on buildings being erected by an individual owner building on his own property and the effect the Ordinance would have on speculative builders. A number of objections were heard from the floor. The Mayor suggested that all the interested parties hold a meeting with Mr. Krentzman and the General Contractors Association to iron out their differences before the Ordinance comes up for the th~rd reading. Commissioner Kennedy moved that this Public Hearing on the proposed Ordinance 648 be adjourned to be reconvened on the first regular meeting in June, June 7th, and the hearing to be re-opened before the passage of this Ordinance is decided upon. Motion was seconded by Commissioner Russell and carried unanimously. Regarding the proposed filling of submerged land west of Edgewater Drive at the termination of Charles Street, the City Attorney reported that Mr. M. F. Weidemeyer had applied for a modifjed type of plan which is a partial fill and a boat basin and therefore he was asking the Commission for instructions as to what action he should take. Mr. M. D. Jones was present and addressed the Commission on behalf of Mr. Weidemeyer's application. Mr. Ralph Richards spoke on behalf of the residents of the Edgewater Drive section, a number of whom were present and stated their continued opposition to any filling in of'submerged land along Edgewater Drive. The Mayor stated that it was the feeling of the Commission that they were unalterably opposed to any type of fill in that vicinity. By consent, the City Attorney was instructed to continue to oppose any application for fill in that area. The City Attorney read on its third reading Ordinance 653, amending Ordinance 609, the Occupational License Ordinance, by amending the classification of Photographers and Commercial Artists. Commissioner Strang moved that Ordinance 653 amending the Occupational License Ordinance, be passed and adopted on its third and final reading. Motion was seconded by Commissioner Russell and carried unanimOUSly. Mr. R. W. Spragins read a letter which he had addressed to the Commission in which he reported that Mr. John Mitchell of Caldwell, Marshall, Trimble and Mitchell, New York bond attorneys, stated that they would approve the changes in Ordinance 654, which authorizes construction of a baseball stadium and its financing. Mr. Spragins summarized the changes as follows: 1. Increasing the bond issue from $350,000.00 to $400,000.00. 2. A provision for investment of the Sinking Funds in obligations of the U. S. Government of an unlimited maturity providing the securities are guaranteed as principal by the Government or other open market securities of the U. S. Government with a maximum maturity of five years. 3. That the franchise tax be open for any additional financing desired by the City regardless of the purpose for which the money is needed without stipulations. Upon being questioned by Commissioner Bates, Mr. Spragins said it was his intention to prepare a pro~p~ctus on the certificate issue and that he would advertise for bids. He stated that he was assured of a market for the certificates and that he would like to buy them himself with an interest rate of $3.75. Commissioner Strang moved that Ordinance 654 be considered on its second reading by title only by unanimous consent. Motion was seconded by Commissioner Russell and carried unanimOUSly. The City Attorney read Ordinance 654 on its second reading by title only. Commissioner Strang moved that Ordinance 654 be passed on its second reading by title only. Motion was seconded by Commissioner Russell and carried unanimously. The City Attorney read Ordinance 654 in full on its third reading. Commissioner Russell moved that Ordinance 654 be passed and adopted on its third and final reading. Motion was seconded by Commissioner Strang and carried unanimously. In response to an inquiry from a member of the press as to whether or not Ordinance 654 would be published, the Mayor informed him that since the Ordinance was such a lengthy one and not a matter of regulation it would be posted rather than published. The City Manager presented a Resolution requiring ten property owners to clean their lots of weeds and underbrush. Commissioner Strang moved the Resolution be adopted. Motion was seconded by Commissioner Russell and carried unanimOUSly. --, ----.- .. f ,'\ ,\ . I' , \ r I. f -; , .. "",,' '/,~i"~!~~ .\..~:r;~t~;~~;i' ~ f.."...l"""~'-.f")-;- .' .. . .:>~:)~; ',..'t -5- CITY COMMISSION MEETING April 19, 1954 Mr. Harold Briley, Consulting Engineer, reported that the County had signed' the thirty year water contract with the City of Clearwater and that l~. S. K. Keller, Superintendent of the County Water Department, had been advised that the pipe and material needed to connect the County's water system with the City system would be delivered some time this week. There being no further business to corne before the Board, the meeting was adjourned at 7:10 P.M. Attest: ~~ Mayor- onun ss 0 C Agenda - City Commission Meeting of April 19, 1954 City Hall Auditoriwm 1:30 p.m. .!. <; .,' \..' ,':.,:,.-:" ,',', /.. , '-, . ....i: '. '. ~.' . _,.' _ ,,;.: :.:.~,).;'..~,l JJ? '7 ......,- , I .--! ~ creTY COMMISSION MEETING A.pril 19, 1954 Mayor-Commissioner Herbert M. Brown Commissioners: Jack Russell, W. E. Strang, Jr. John W. Bates, Guy L. Kennedy April 16, 1954 Gentlemen: .! The City Commission will meet in Regular Session at the City Hall Auditorium on Monday, April 19, 195~, for the purpose of discussing the items listed on the attached agenda. Meeting time will be at 1:30 p.m. Very truly yours, fs( F. C. Middleton City Manager r ,',' ~ " FCM:s Enclosure -----------------------~-----------------~--~--------------~---~-------~~------- ,', ,"- .': " , 1. Invocation, Rev. J. S. Dauerty. 2. Approving the minutes of the Regular Meeting of April 5, 195~ and the Special Meeting of April 12, 1954. 3. Opening of bids ~or: A. Missouri Avenue Paving. B. Two new Police Cruisers (Replacements) and t ton Pickup Truck. 4. Awarding of bids for: A. Swimming Pool and Bath House. (Colored) B. Painting of Drawbridge. C. Materials & equipment, including installation, ~or addition to Water Distribution System. 5. Public Hearings and Zoning Board Items. A. Sanitary Sewer ror South Clearwater Beach. (Gulf View Blvd., Coronado Drive and Harnden Drive). B. Request of Mr. H. H. Baskin, Sr., to have the SE~ of the SWt of the NEt less the west 265 feet of Section 14, Township 29 8, Range 15 E, changed to business zoning. The south 280 feet of the property is presently zoned for business, the remainder being R-4. This property is situated' at the northwest corner o~ Duncan Ave. and Gu1~-to-Bay Boulevard. C. Request of Mr. James Andrews to have Lot 6, Block A, Boulevard Pines Subdiv. zoned as R-2. The present zoning or this is R-l. D. Request of George B. Cassell for a rive ~oot building setback line rrom Mango St. ~or Lot 1, Block 10, Mandalay Subdiv., for an addition to an existing structure. E. Request of the Belmont Baptist Church ror the re-zonlng rrom R-2 to R-4 or Lots 11, 12, 13, 14, Block F, Carolina Terrace Subdiv., to to permit the erecting of a church building. F. Request of S. Dervich to construct a bulkhead at Lot 34, Brookside Subdivision. G. Request of Koch & Jones, Inc. to erect a commercial sign on Druid Rd. between Willow Branch and Regent st. in R-l Zoning. 6. Commission's consideration of: items rrorn the City Attorney"'S Office: A. Ordinance No. 648, Contractor~s Ordinance, on third and ~inal reading. B. Ordinance No. 653, Amending Occupational License Ordinance, on third and final reading. C. Ordinance No. 654, Ball Park Ordinance on second and third reading. D. Request for instructions regarding proposed application or M. F. W. Weidemeyer. 7. Lot Mowing Applications. Adjournment. -------------------------------------------------------------------------------- April 15, 1954 Honorable Mayor and Members of the City Commission City o~ Clearwater Clearwater, Florida Gentlemen: In accordance with your instructions given at your April 5th CommiBs~on Meeting, we have checked and tabulated all bids accepted by you on materials and e~uipment ~or your Water Improvement Project and also the bids as accepted for installation of same. Copies of these tabulations are enclosed. We have also combined these bids for materials and installation and, in conjunction with your City Manager, have studied same and accordingly recommend that award be made to the following bidders in order that work may be started on th~s project at once. (Continued) ',l,. . , .~ v., r............. ......1"'...-. ~M,I'" _~..~. ;~ 'i~ r~ ';~ r.' , '. , .;0::\~~.;~..,;.t)\~~~01) , ,.~.,. ..".......}.. V' ""1 '@!~ft!~;~};~~;, ,..!:.'"....."..;..:;,:...,.~ ,~':':g!H~"'t't~.,,,J, "". I I S1}~;;' <. . 'J: "J .. ~, . < . ", l~flt~1~~;~f;,{:' . \ .,' CITY COMMISSION MEETING April 19, 1954 (Continued) Cast Iron Pipe, Fittings and Specials, Flanged Pipe Fittings and Specials - Items lA, 2A and 7 to U. S. Pipe and Foundry Co., Birmingham, Ala. in the total amount of $25,177.00. Gate Valves, Check Valves, Valve Boxes and Fire Hydrants - Items 3, 4, 5, 6,8 and 9 to M & H Valve and Fitting Co., Anniston} Ala. in the total amount of $3,255.55. Booster Pump and Electrical Equipment - Item 10 to Fairbanks Morse and Co., Atlanta, Ga. in the total amount of $2,192.72. Contract ror Installation of Materials and Equipment under Alternate No. 1 in the amount of $12,673.00 to Laurence and Rutledge, General Contractors, Largo, Florida. The summation of the above figures gives a total project cost of $43,298.27, which 1s $1,360.50 higher than the lowest possible combination of alternate materjals an(l construction. HO\'lever} thj.s recommendation is made in view of the fact that the present distribution system consists of cast iron pipe, nIl personnel a.re thoroughly trained in its use} and the increase in project cost only amounts to approxill1ately 2 1/2% of the total project cost. It is) therefore} proposed that the above recommendations be accepted and that the ~~yor~ City Manager and City Clerk be authorized to execute the necessary contracts~ that proper orders to proceed be placed and construction begun at the earliest possible time in order to help alleviate the present critical situation in respect to the water supply. Respectfully submitted~ BRILEY~ WILD AND ASSOCIATES CONSULTING ENGINEERS /s/ Harold D. Briley . . " ,. ,,~..,.., . " ~ . . HDB/jdr Recommendation concurred in and approved Is/ F. C. Middleton City Manager .'. ...,r,., .. .>\.;,:. ._..~ ....:,.;:;. 1';'", .."., .. . ..'~. . ',. '..... . . ".";o..~"',::',~;~,~~/.~~~~L~:.~'J~~11~~r/~y."~r;t~'\'~~":4: . '.;.::; . f '. fl 'j ,i" I · r ' f t' ,'" ..... .;:..../ .: ~i'il'~, ------------------------------------------------------------------------------- Mr. Harry Wingo City Clerk Clearwater, Florida April 12, 1954 Dear Mr. Wingo: Mr. Anast Notopoulos has received noticeG of hearing of the City's intention to authorize the construction of certain sanitary sewers adjacent to properties he owns on Clearwater Beach. He wishes to file his objection to the construction of these sewers at this time, for the particular reason that the spread of the assessment for construction of such a line will be inequitable, since the cost of pumping station would be borne by so few property owners. It is our under- standing that the pumping station to be constructed would be adequate to serve a more extended line at a later period. Therefore~ unless the cost of the pumping station is pro-rated as to its capacity against the short line to be constructed, Mr. Notopoulos will resist the assessment. Very truly yours, CASLER & DOUGLAS By /s/ Brannon Casler ebclft -------------------------------------------------------------------------------- The Zoning Board, City of Clearwater, Clearwater, Florida Gentlemen: March 18~ 1954 We have filed with you a map of properties to be purchased by Howard Ewing, located on Gulf-to-Bay Boulevard and call your attention to the fact that the zoning o~ this property is for business for a distance of 280 feet north from Gulf-to-Bay and the balance of the said tract is zoned R-2. You will also notice that this R-2 Zone crosses through a large building, of wareh01.1se type, which is now in use and has been in use for a long time prior to the zoning Bf these premises, as a part of the business conducted on this location. We request that the Zoning Board recommend modification of the R-2 classification ~or all of the property contained in the tract as surveyed and shown on the map. (Continued) .',., " . ;'\' ;;";':>\:~0[;;iit\;tl~;~.~,~;:,i ;.'L;.::i {.,:.,:;;;,',',:" '" .,', .', ~ '., '. . ,'.. 't., ;..d.....>... > ' ;. ~. CITY COMMISSION MEETING April 19, 1954 (Continued) Should this not be done, we request an unlimited right of use of the premises for the purpose of continuing the business located thereon, without limits as to R-2 classification. HHBsr/mj Respectfully submitted, /sl H. H. Baskin H. H. BASKIN, SR. .:.' ---------------------------------------------------------------------------- .' ',', ,', J .""~ ,.,: , '..;;; , \ April 2, 1.954 To: From: Subject: F. C. Middleton, City Manager O. H. Anderson, Seely. Zoning Board Request of H. H. Baskin "' .' . . ". ~. ~ The Zoning Board makes the following recownendation of the request of H. H. Baskin. '1 ."...r'.' A & W Glad Property Sect. 14-29-15, SEt SWt - NEt less W - 265 Ft. Metes and Bounds That the request be denied for the following reasons: No.1. No hardship has been shown. No.2. It is the opinion of the Board that to grant the request would lower the property values in the surrounding area. No.3. That the developers of this property consented to the present zoning at the Public Hearing prior to the referendum of Dec. 5, 1952. No.4. That the City Commission approved the zoning at the request of the immediate property owners present at the above mentioned public hearing. Attached herewith is a copy of Mr. Baskin's request, together with a plot plan showing the location of the present building on the above property. PETITION TO: THE CITY MANAGER, THE CITY COMMISSION AND THOSE OTHERS TO WHOM THIS MAY CONCERN, CITY OF CLEARWATER. FROM: THE RESIDENTS OF SKYCREST SUBDIVISION HE: MODIFICATION OF THE CLASSIFICATION OR USE OF PRESENT CLASSIFICATION OF R-4 TO THAT OF A BUSINESS CLASSIFICATION. SKYCREST SUBDIVISION. COMES NOW, the undersigned Petitioners, all property owners of property located in Skycrest Subdivision, and respectfully submits this, their Petition, and requests that the proposal submitted to modify the use or present existing zoning classification to that of another classification be rejected on the following named property: SEt of the swt of the NEt, less the West 265 feet thereof, of Sec. 14, Township 29, Range 15 East. Also described as: Property located at the NorthWest corner of Duncan Avenue and Gulf to Bay Blvd. Clearwater, Florida., and for reasons therefor would show: (1) There is no showing of hardship so as to justify such a change as required by Ordinance 627 Section 16 of the Code of the city of Clea~~ater. (2) That such a change would materially effect and decrease the property values to adjacent properties. (3) That the developers of this property consented to the present zoning at a Public Hearing prior to the referendum of December 5, 1952 and the City Commission approved the zoning at the specific request of the property owners present at the above mentioned public hearing. (4) The building, of a warehouse type, which is crossed through by the R-4 zoning line in that area was used, at the time of consent of developers, and at the time of approval of the zoning by the City Commission under the classification of that which falls under Section V-A, Subsection (6) of City Ordinance 627, or a CONFORMING USE. This conforming use ceased and the attempt to begin any use not specified under the R-4 classification would be a non- conforming use and violative of this section of our City Ordinance specifically concerning same. (5) Zoning regulations should not be modified or released at the behest of private individuals or group pressure when in doing so constitutional guarantees are undermined. (Continued) ......".~ --_. ;::'ht:-9f!;~;~~'~'i~~~"'S;~'J;.t~:~~~:.H'~~f~\:);::':':-'',.":; '. d;] . .....,>,. ',. . . ';;:":'.1t;~:\~~~i~d:;;;1;};;;/;;b::::1:~~~i:~\~~~:~~L.;,::i~.:;. ~.,(:.:~:.:~::;;; ; ~:(;:.;;";~i~~;;;~.;:::::J;;.iJ:d;::L;;'U;\~;.,;; .~;:~~ ~~;;;.;;}.';;:::.; ~:;;;'~.:;i:;:~ ;,:,;~, ,;,.; 1{~ir~i;iJ\}!,'iri:~';,,: 0:'> ::..... CITY COMMISSION MEETING April 19" 1954 (Continued) (6) There is no positive showing of physical) economic) or social change to justify the release or modification of the zoning regulation. (7) To modify or release the existing classification would be contrary to the harmony, general purpose) and intent of the zoning ordinance. (8) Where zoning restrictions are subject to change or removal when reason for them ceases) where there is any reasonable argument on the question the legislative intent must prevail. (9) The power to vary the application of zoning regulations or to permit special exceptions thereto is commonly expressly limited to such variations or exceptions as are consistant or in harmony with, and not subversive or in derogation of the spirit, intent) purpose or general plan of such reculations. Signed by ninety-five persons. -------------------------------------------------------------------------------- To: From: Subject: April 2) 1954 F. C. Middleton, City r~nager O. H. Anderson, Seely. Zoning Board Request of James Andrews The Zoning Board makes the following recommendation to the request of James Andre\'ls . Lot 6" Block A, Boulevard Pines Sub. That the request of James Andrews asking for a change in Zoning of the above lot" from R-l to R-2 under the Hardship Ruling be denied for the following reasons: No. 1 No hardship has been shown. No.2 nle present zoning of this area is R-l residential. Attached herewith is a copy of Mr. Andrews request, together with a sketch show- ing the lots surrounding the above property. ~------------------------------------------------------------------------------- March 11, 1954 Zoning Board City of Clearwater City Hall Clearwater~ Florida Gentlemen: This letter is in reference to Lot #6 of Block A, Boulevard Pines Subdivision, in looking over the zoning restrictions I find that this Lot is zoned as R-I. Lot #5 directly north of Lot #6 is zoned for business and on Lots #3 & 4 an Ice Cream business is now being conducted. Directly across from this lot is the Lake Crest Motor Court which occupies Lots #1, 2) 19, 20 which is Block B. So Y01.1 see this lot is not suitable as R-l and it would be to the adva.ntage o~ this lot to be zoned as R-2. At the present time I have a client who will build a Duplex on this lot provided it is zoned as R-2. I believe that in view of the above facts a hardship is established and request the Zoning Board to give this matter your utmost consideration in favor o~ rezoning this lot to R-2. Enclosed is a sketch concerning the Lot in question and the surrounding territory. Very truly yours) /s/ James Andrews (1801 Gulf-to-Bay Blvd.) -------------------------------------------------------------------~------------ To: From: Subject: April 2.) 1954 F. C. Middleton, City Manager O. H. Anderson) Seely. Zoning Board Request of George B. Cassell The Zoning Board makes the following recommendation to the request of George B. Cassell Lot 1, Block 10) Mandalay Subdivision That the request to build an addition to his present residence with a 5' - 0" building line set back on Mango Street under the hardship ruling be approved. You will note that the present building is built up to the property line on Mango Street, and the Board feels that an addition to same with a 5' - a" set back would not cause any obstruction to the surrounding property owner. Attached herewith is a copy of Mr. Cassell'ls request together with a plot plan of his property. , ...... ,. ~.. I ~" k, ~.. ..' '. '.":.....;.,,,.......... '.. .',1 "'~~. y........... ~" .," ...." . > . ,.,.;}'. y.; ;.J~."'..?:",;~~:l. 4:':.r:~.t.{i::.~~::~:~~.t.~"~.,...;n:::.::~;'.ft~~t'tf ~\\. . ~ I., :"~'" .,.y:'.,~ ~.~i~-:i~~l:~i~i~t ~:.~:.~L~~J1t.~~~i~i;~.~.;~~;~., ;'{:~~; . ~: ~'. ..1:......... .. ~ ~ n:. .' ,,. ,., . . :" 'L.'; _A,,'; , J I -.; J . ,1-["' :5 (1/ . CITY COMMISSION MEETING April 19) 1954 l\':" :'.~.:': ~ ~I: . ',,\ . '. .', f r:~)~ ~.\~.;!c;;~~~::;;g; , ";.' to -, 3-30-54 Zoning Board City of Clearwater, Florida Gentlemen: Attached are prints and plot plan for storage room and porch to be added to rear of our residence which is located at 801 Eldorado Ave., the N.W. corner of Eldorado Avenue and Mango Street. Mr. Anderson advised that in view of the existing Ordinance requiring a 25 foot setback from any side street in an R-l zone, he couldn't issue a building permit unless the proposed addition was passed on and approved as a hardship case. The existing residence is not set back from the side street at all but lies contiguous to or abuts upon the sidewalk. The proposed addition will be set back 5 feet and be a decided improvement on the appearance of the existing residences. Very nincerely yours, /s/ George B. Cassell . ::',1',....:., ~ . ti' ,. .' r r:~ [I f,. .f, L f " " ... ,;.:' I therefore submit the matter for your action and approval on the basis that it will cause no harm or injury to any surrounding propert;y owners and will in fact be an improvement to the neighborhood. , i' -------------------------------------------------------------------------------- ~~, r~ ::~..'<;~>, ~,,~if,~lll; ; '-" ;""""':'l'l.(f~ l ,~\~tli~\' " April 2, 1954 To: From: Subject: F. C. Middleton} City Manager O. H. Anderson} Sec'y. Zoning Board Request of Belmont Baptist Church The ZoninG Board makes the following recommendation of the request of the Belmont Baptist Church. Lots Il-J2-13 &: 11~; Dloclc F} Carb1irJa Terrace Subdivision That the request to erect a church on the above property under the hardship ruling be approved. That the buildin2; set back line on Missouri Avenue and Belleair Blvd. be in line with existing construction in this area and other set back provisions to be the same as required in R-2 districts. Attached herewith Is a copy of the Church request~ together with a petition signed by property owners in the immediate area. ------------------------------------------------------------------------------- BELMONT BAPTIST CHURCH Howard St. at Scranton Ave. Clearwater, Fla. March 26} 1954 Clearwater Zoning Board Clearwater} Fla. Dear Sirs: We, The Belmont Baptist Church, Now located at corner o~ Howard street and Scranton Avenue, to hereby petetion the Zoning board under the Hardship Ruling to rezone lots II} l2} 13 & 14; block "F"; Carolina Terrace subdivision to the city of Clearwater} from R2 to R4. We have purchased this property as it is the only property that was available in this section of Clearwater that was suitable ~or our purposes. Our congregation has grown until it is necessary that we expand and we could not obtain enough property at our present location. We will appreciate every consideration in reguards to the above matter. Sincerely; Belmont Baptist Church Fred M. Vining, Pastor /s/ Fred M. Vining -------------------------------------------------------------------------------~ PETITION We, the undersigned property owners residing in the subdivision known as Carolina Terrace, do petition the Clearwater Zoning Board to permit the building of a structure} and/or structures, by the Belmont Baptist Church at the northwest corner of Missouri Avenue and Bealeair Street to be used by said church for their own varied activities: (Legal Description: Lots ll,l2)13} & 14; Block F, Carolina Terrace) Signed by forty persons. ~, -~~, . ~, . .,'.' ,.~:....~..~....;~L,';}.J.,.',~./i\~:~~t:,~~~tt~~!:~::~1Silie~~,. ....I". "_ _ ,'.'" .:~;.: \ ~ 'l' fl'..:.. ~...'; .! ..., w .". . ,~,"..; . '. : I . ( '." "'" ..... ~,., . CITY COMMISSION MEETING April 19, 1954 April 2, 1954 To: From: Subject: F. C. Middleton, City Manager O. H. Anderson, Seely. Zoning Board Request of Koch & Jones, Inc. The Zoning Board recommends that the request of Koch & Jones to erect a commercial sign on Druid Road between Willow Branch Avenue and Regent Street in an R-1 Zoning area be denied. The Board does not 1001<: in favor on the display of commercial signs in R-1 areaa and on otreets leading lnto the city on main arteries. Attached herewith 1s a copy of Koch & Jones request. -~-------------------------------------------------------------------------- 30 Idlewild Drive Clearwater, Florida March I; 1954 Honorable Mayor and City Commissioners City of Clearwater Clearwater, Florida Gentlemen: This letter is written you in rec;a.rd to Lot 34, Brookside Subdivision in Clearwater, of' which I am the owner. Subject lot is now 20ned foI' business use and the undersigned proposes to erect thereon an eight store building. Frontage on this lot on Gulf-to-Bay Boulevard is 146.98', the east 20' comprising a drainage easement to the City of Clearwater. The frontage of my building as designed is 130 feet which ~lould infringe on the easement about 3 feet. Permission is requested to construct a poured concrete bulkhead 5 feet east of the ~lest boundary of this easement which it is believed would not be detri- mental to the functioning of the drainage ditch or adversely affect the interests of any other property owners in that area. The recommendations and the advioe of the City Englneer will be strictly adhered to if this permission is granted. It 1s respectfully requested that you consider this request at your earliest convenience. Yours very truly, /s/ Sarafem Dervech S. Dervech -------------------------------------------------------------------------------- To: From: Subject: Mr. Middleton, City Manager Mr. Lickton, City Engineer Lot 34, Brookside Subdivision March 31, 1954 The letter fronl Mr. Dervech has been referred to this office. A well designed properly constructed bulkhead, placed as described will have no material effect on the functioning of the stream or adversely ef'fect any property owners in the vicinity of the stream. It is recommended that Mr. Dervech employ an Engineer to design said bulkhead and that said bulkhead be installed under the supervision of this office. This office will cooperate with Mr. Dervech in any manner. -------------------------------------------------------------------------------- Honorable Mayor and City Commission City of Clearwater Clearwater, Florida April 19, 1954 Gentlemen: Regarding the bond ordinance authorizing the issuance of $400,000 of Ball Park Recreation Facility Revenue Bonds, and in answer to Mr. Phillips~ letter of April 15, Mr. Phillips and I have had. long distance conferences with r~. John Mitchell of Caldwell, Marshall, Trimble and Mitchell, New York attorneys, who will approve the legality of the bond issue. All of the pertinent questions which Mr. Phillips has raised have been changed and embodied into the Bond Ordinance with the approval of Mr. Mitchell. Stmmarizing the changes: 1. We have increased the bond issue from $350,000 to $400,OOOj 2. At the suggestion of' Mr. Frank Abernathy, City Treasurer, we have provided f'or the investment of the sinking funds in obligations of the United States Government of an unlimited maturity, provided the securities are guaranteed as principal by the government or other open market securities of the United States government with a maximum maturity of five years; and 3. That the franchise tax be open f'or any additional financing desired by the City regard- less of' the purpose for which the money is needed without stipulations. (Continued) .-.~-~~.~,.....-.r.\~~~~~w. ',..~ .' ~....--... ~., , j;~~Ji'~1,~~f10 [' " '., ,: " . ., , - ',"" ~:,\ ,,:' :,':, . ,,,, . ) ..'. W . . ' ; , ' , . , . ' ' . '.. " ' I . ~, . t I' ~. "~~h'kb~~t~f~jtC::,j::l~~;t:..'::,~'. " .'. .' ~.. '. " '.,. "t., . " ~.". " ,..'.;':;..'.'. "- ;~ ," "<.." ;'';$i ,b~",,' CITY COMMISSION MEETING April 19, 1954 (Continued) Other minor changes and provisions as set forth in Mr. Phillips-t letter have been taken care of in the ordinance. RW8:d cc. Mr. F. C. Middleton Mr. Frank Abernathy Very truly yours, R. W. SPRAG INS AND COMPANY By /s/ R. W. Spragins ----------------------------------------------.---------------------------------- RESOLUTION WHEREAS: it has been deternlined by the City Commission of the City of Clearwater, Florida, that the property described below should be cleaned of weeds, grass and/or underbrush, and that after ten (10) days notice and failure of the owner thereof to do so, the City should clean such property and charge the costs thereof against the respective property. NOW THEREFORE BE IT RESOLVED by the City Commission of the City of Clearwater, Florida, that the following described property, situate in said City, shall be cleaned of weeds, grass and/or underbrush within ten (10) days after notice in writing to the owners thereof to do so and that upon failure to comply with said notice, the City shall perform such cleaning and charge the costs thereof against the respective properties in accordance with Section 128 of the Charter of the City of Clearwater, as amended. NAME DESCRIPTION COST 5.00 Byron Lohmar 810 Lotus Path Clearwater, Florida Jacob Ruimerman Jackson Hill Rd. Middlefie1d, Conn. George E. Cameron 7h Highland Ave. MiddletownJ Conn. Joseph L. Jettie 8903 Colfax Detroit 4, Michigan Harry Silos 401 Fairfield Beach Rd. Fairfield, Conn. Edward Heidel 200 S. Meteor Clearwater, Florida Chas. Graham Ross 1521 Kirk St. Evanston, Ill. H. Earl Barlow 800 Marlborough Ave. Detroit 15, Michigan T. R. Palmer 1176 Manda1ay Pt. Clearwater, Florida J. A. Smith 914 Golfview Ave. Tampa, Florida Lot 3, Block C, Unit A Skycrest Lot 1, Block F Suburb Beautiful 4.00 Lot 2, Block F Suburb Beautiful 4.00 6.00 Lots land 2, Block B Unit D, Skycrest Lots 3, 4, and 7, Block B Unit D, Skycrest Lot 8, Block B, Unit D Sk'Jc re s t Lot 9, Block B, Unit D Skycrest Lot 10, B10cl<: B, Unit D Skycrest Lots 4 and 5, Car10uel Block 264 Lot 6, Block 64 Mandalay 9.00 3.00 3.00 3.00 6.00 3.00 PASSED AND ADOPTED BY THE City Commission of the City of Clearwater, Florida, this 19th day of' Aprll, A. D. 1954. ATTEST: /s/ H. G. Wingo City Auditor and Clerk /s/ Herbert M. Brown Mayor-Commissioner -------------------------------------------------------------------------------- ,-- .,/- ;~~~~'tt:t~~:~~:'~:"?~'t~lA~{~~~'t~'> y;. ::~'~.j:f'~':~ ':::,f~\~:;' ~~,;:,' :~ ': "l~;'i.:.:.;~:.;~,~ ';;"~:h~i~~~ii.:~~.:::;>.;~.;;:;.i~~~U:i~~li..:'l~'\::.~ .J::',....,.. .:JE;;t",:~C~.",_,~~:>~;:~~,1':!~~~f~:~~,t~f:~tt~~.~_~~~t~rtt:r~.~~:~t, w ., " . . . ..... ;;~. ...;:!;......;';.i~\~.;{;\:~~ ...... ;. f. . h' "11f ORDDAHCB HO. 65~ All ORDDfAIICI AJIIDmINCJ ORDUAHCB 110. 609, !lIB SAIDI BBDO AN ORDDAHCB AlGlJ)DlO ORDDlAHCB RO. 580 ~ '1'BI 8AIII DING SBC'nOH 8 OP CBAlTBR 19 OP TBB CODE OP '1'BI CI'lY f1I CLlWlWA'1'BR. PLORIDA, 19501 AIID B1UIIQ '1'11I OCCUPATIONAL LICD8B ORDDWfCB OP TJIB OIft W CLIAJlWATBR, l'LaRD)A, BY AllDDIHO '1'BB CLASSIJIlCA'l'IOIl "PSO'lOO1lAPHIRS ARJ) CatlUYtCIAL ARTISTS" TBBRBDh PROVIDING POR RBPEAL ()Jf ALL ORDDlARCBS OR raTS or OJU)DANCIS IN COHIPLIC'l' BBRBWITB; AND PROVIDING lOJt '1'BB J1I'lPJEC!'IVB DAD JIBRBOP. 1\B :Err ORDADBD BY !lIB crn COf'IU'SSION OP 'l'JII ern op CLlARVA'1'BR, PLOIlIDA: 8ec~1on 1. '!bat O1'd1nanoe No. 609, the .... be1ns an ol'd111anoe aMDdlns OrUDiiioe If(;. 5ao, and being Seot1.on 8 of Chapter 19 ot "'Dl. Cod. ot the 01 t)' of" Cleanf&ter.. Plor1da" 1950" I be and the __ 1. hereby ....nded 10 tbat tbe ola..1t"1catlon "Photographer. and Ccaaero1al Art1ata" appear1ag on page 11. thereor, ahall read as follows: ttPBO'1'OORAPJIIRS AND CuMhS1\CIAL ARTI8'1'S~ lnclud1ng Sollo~t~ Photographer. $25.00" Section 2. All Ord1nancee and part_ ot ord1nanoea in confl1ot h....1th are herebY' repealed to the extent of such oonr11ot. Section ~ 1bi. Qrc11nance ahall become eftect1ve immediately upon ~t. paa.q.. Apr1.1 5, 1954 Apr1.1 5, 1954 PASSED ON l'IRST RUDING PASSED ON SECOND RBADlNO PASSBD aN THIRD AND PINAL RBADIHG AHD ADOP'l'ED April 19, 19sJJ Isl Herbert M. Brown JlayOr-Comm18s1oner Attest: t-/ B. (I. Wingo C1ty Aud1 tor and Clerk ----~~-~----~----~---~-~----------~----~-------~---------~----~~~------------~ -,.. ..0 '~'....~ ..... "\'~I ....1.',;.- ~.l' .." '...>"...."'....,:'...!~H ~..,~. '. .' ti.,,>,~ . 7t~0; ";>,~ij;];'~~!~i2;,::,:L.:; ..... . ..... Lftj-o f ~ , . \' .','" ;1 ," ~y ORDIHdOB NO. 654 AN ORDIHANCI PROVIDING POll THE COlfSTl\VO'l'I01{" DlPROVBIIBN'l' . ARJ) BQUIPIIBlf.L' OJ IlU!fICIPAL STADIUM RBCftBA.'lIONAL JPACILI'lIlS, JWaNO CBR'lAm 'DJ)IHOS IN RIOARD THBRBTO j AUTJIOIlIZDO '1'B ISSUANCE 01' f400, 000 RBCRBATIOlf RlW'ItmI OIR'l'IPICATBS i DBSCRmINGSAII) OBR'l'IrICATBS; PROVIDDO lOlt THBIR MATVRI'lY DA.,.; PROVIDING POR 'l'HB BDClJ'l'ION, NBOOTIABILI'lY AHJ) RBOIS'l'RATION ()11 SAID CBR.'l'UICATE8; PROVIDING POR RBPUCBIIBN'l' AJfD p~ lMEN'l' OP JIU'l'ILA'l'BD, DIS'l'ftOYBD, 8'l'OLBN AND LOST OBRTD'ICA'l'Bs; PROVIDDfO Pat '1'HB COVllNANTS AND ftBVBHUBS AIm APPLICA'1'IOH OlP RBVJDlUI8 OP SAID OKRTIl'XCA'l'IS j PROV'IDIKG l'eIl 'ftIB OOVBNAN'l'S .AND OllLIOA'1'IOHS or TUB CITY OJ' CLBARWA'lBR UNDER SoAt>> CBR'l'DICATBSi rROVXDIHO p()ft 'BIB DISPOSITION 0. JlIVBN'UBS PRell 'J'HB STADIlJIC REaRBA'1'IONAL lPACILITDS; LIU'l'IMO 'l'HB ADDITIONAL OBLIGATIONS WHICH MAY BE ISStJU) AGAIHS'!' TJII. SBCURI'l'I PLBJ)(]IJ) lPOR SAID emu- lPICATBS; pnovmIHO ,oa RllCDXES OF OJm'l'IrICATB HOLDIRB j LDI'1'DfG MODIlIOATIOlf OR, AJIIBIaIBHT OP '1'HI8 ORDmAHO&; PROVIDING POR 'l'HI SlVlRABIIdTY OJ THB PROVISIONS HBRBOPj PROVIDING POll TIll ISSUANOE AND SALE CfI TIm OBlt'1'UICATBS; PROVIDING POR 'l'HE VALIDATION 0., SAID CBR.'1'DICA'1'I8i PROVIDING 'l'HA'l' 'l'HIS OBDDfAlCB IS AN liJIIRGBNCY MBASURB AND PROVXDIHO 'OR RSPEAL OIP ORDINANCES AND RlSOW'J.'IONS IN CONPLICT BBRlWI'l'H. BE I'!' ORDAINBD BY THE CI'l'Y caaaSSXON OP 'l'HE CITY OF CLBAmfA'l'IR, PLORIDA: Aft'l'ICLB I t. (~ ,. -...,... c.' . " . l' ~"';~~;~~":::J/~'~~ J.! . .'"' ._0 .,~ \ ,:1 'i, ...... , , .~ STATUTORY AtJTHOJUTY ~ PXHDINOS AND DEPIHITIONS. 1. AUTHORITY 01' 'l'HIS ORDINANCE. '!.'hj,a orcUnance 18 adopted pursuant to the provisions of Chapter 9710, SpecLal Acts o~ the Leg181ature o~ Plor1da, 1923, and ame~nte thereot and 8uppleme~t8 the~eto, being the Char~er o~ the C1ty or Clearwater, and other app11eable provj,a1ons ot law. It 1s hereby found and determ:1ned a8 1'ollows: (A) 'lhat the City ot Clearwa.te~ 1s now the owner ot land and prem.1s8e 1n ~d 01 ty de8cribed as: ' '!hat port10n 01' the replat or the New Country Club AcSdj,t1on Subd1v1e1on according to the map or p1a.t thereot as recorded 1n Plat Book 20. Page 64 ot the Pub11c Beoorcla ot P111ellas County, FlorIda, more part1cularly de8cr1bed a8: All of Elock E, and that portj,on ot Block D bounded by Palmetto Street on the North, tis80ur1 Avenue on the East, Sem1nole Street on the Soutn and Block E on the West, in the City at Clearwater, Flor1daj that tbe C1ty contemplates ue1ns the land and prem.1aes a8 a recreational tao1.11 ty 80 long as the cert1t1.cates hex-eby author1zed are outstand1rig, and that the revenue8 der1ved and to be derived tX-OJt1 the tees, rentals or other charges tor the use 01' sa1d land" premises and tac1l1ties conatrtlcted and to be constructed thereon, a8 nere1n author1zed, are not pledged or encumbered j,n any manner. (B) That the C0l1st:ruct1on. jmprovement and equj,pment or a mun1c1pal stad1.um and inc1dental taci11t;1es berein ca11ed "Stadium Recreationa1 Paoll1ties") 8S here1natter descr1bed, are tor a J)roper munic1pal purpose6 and l.t 18 imperative 1n order to preserve the public neal tt1 and provide proper reo~at;1onal f'ac11i tles ror the inhabitants ot the C1ty or Clearwater that sald Stad1UD Recreat10nal Fac1l1t1es Bhall be constructed, improved and equ1pped 1n accordance with the prov1s1ons or 'th1e Ord1.nance. (0) 'lhat the C1ty of Cleanra:ter d1.d, under date of October 10, 1946, enact an ordinance by which add 011;y gMUlte'd for a per10d or twenty ~eara, to the Flor1da Power Corporation, a f'nnch1s8 to construct, ma.1ntain and opera1;e electrio lj,ght and power fac1l1t1es tor 'the pl.trpose o~ 8upply1ng electr1clty.~o 'the OJ,ty and 1ts 1nhab1 tanta. li\ ccns:1dera. tlon of -the granting of sa1d IranoMae and pursuant to said ordinance.. aa1d Florida Power Corporatlon~ 1ts legal representatives.. 8uccessors and ass1gn15.. 18 requ.1rec1 to pay annually to sa1d C.1 ty" and. the 01 ty has the power to lfJ,1IY and collect, an amount equal to tour per cent l4") or the grollS receipts ot said Plor1da Power Cc~o~at;1Qn from the aale of e1ectil!1c energy 10 the Cj,ty of Cle&1'tlR}ter (here1nafter called "franchise taxes"). '111at 1 t 1s deemed necessary and ~es1ra})le to pledge 8uch traJlsb1a8 taxes to the pQment at the pr1pc1pal of and interest on tne revenu.e cer:-tIt1ca'tes 1ssued pursuant to thi8 ord1nance 1n order to ass1st j,n the :tinanc1llg ot the conatr'Uct10n, 1mprovement and equ1.pment ot the Stadium Recreational Pac1l1ties aa pr-ov1ded tor 1n this ord.1nance. CD) ~t the revenues to be der1ved tram the Stad1l.U1l Recreat;1ona1 Pac111t1es, together w1th the trancl11ae taxe8 hex-ej,natter pledged to the payment o~ the pr1ncipal ot and interest on the revenue ce~t1f'1ca.te8 issued pur8uant t;o th1.& o1'd1nance w111 be autt1clent to Pal the pr1nc:1pal of' and interest on all of the Recreation Revenue cer.t1t'1cates 1ssued purauant to this Ord1nance and. to IIIake all reserve I e1nld.ng fund and. other p~nts prov1.ded for in this Ordinance ~ and t;o pay tile necessary cost of operating and maintdn1ng sa1d Stac11um Recreat10nal Pa.cS-l1.tles. (B) IJhat the principal of aI'ld intereet on the Recreation Revsnue Cert1ticates to be 1saued pursuant to this Ord:1nance and allot the reserve 6 IInk1ns tunc! and othel- p&lMnte provided. tor j,fl t.h11S Ordinance, w11l be paid 801ely from the ReveIlaos derJ.v8d by the Cj,ty rz.cm tbe operat;1oll ot said Stadiuaa Rec"at1onal Fa.cl11t1ea and 8&1cl~oh1.. ~8, 8114 It W111 nevaI' be necessary or authonzed to Wle' the ad Va1QJ.'8a ta.x1Ds power 01' IUW O~I- runt.e of aUcl City t;o p~ tM pJ:'1.nclpal ot and 1Dtere6t on 8a1d ~N&tl.on Reven:ue C.1"~1t1oate. to be .188\1td PUN\W1t to tb1. Of.9<JSMnOe, or to aake ~ ot tihe J'e"~, alnJd.ng t'\mcS en- other paJMnta provlde4 tor 1ft .*_ OI.'d1naDoe, aDd u.1d lteo:-eat1on Revenue Cert1tlcatea 1Hued purauant to thi8 Or4tMlio, 8ba11 not Gona'-1 tutti a 1.1_ upon any or t;he propen1... o~ eaid Stadt_ JteeNaUOD&1 :rao111~.. or \IJ)On ~ o~r property whateoever o~ the City. I.' I' I: [, ~.. . . ,. L. ' . .~\ :' ~:I . , I 'j . . 'r ..1 , t' ~....' ~'1,~~ . .'~ I~...-:t\:",.:"', ",' ,,',..;." -'., ,", .'~~.!'.-r.-;rr."""". ;-;"'~>t. ." ..,~. ~ '.." '. ..' ,_,'~' ': " ,~ . ,..." !'I."!" '1""":' "';''ll;.;t";"~' ... t.~~~lt""""q..: ..l...... ~.$;,'\:t'" .;r!!''-',"'.'f'' fJ~'_r-",.,."""""\j.""'~"'"'#,,,",,,.......}"'~'; .~ti(;;., .~G,~~.....'''~1'''"~~~~ f~E....~.,... ,'l"". \' . ......" ..;.....a. \ r.;~, ~(,. '// t ~.,' . ". . , ,;. .V"<, ,.. A"'.~""'~.~';'~r..(j;""';'\..J'.u:-'~lAth;q.Vir:t)j"C .....~. tI ..x:,;: I. "'~:,I~~ .-~" ";.,r' :> .__. --'.,......__ __'" ' . . . ".,'.' ,..>.,,.....,,,.. >I "J,.....I:,~~~{.'\..... ," ',,,. ;J.~~4-~~' "'~ ~."' ...~.>:. , , . ,.~~ .... :~ " It ;< , < ',~ .-< .; ..... .i :,',"~1! ., ., , 'J ] J ~r ,,1 I, ::. .' " " .' ;f~ . . t " <, ., i >; ; , J '. ':~ ;:~ .J '!. 1 . ) :t ~ ., ~ .\' i :~ , ",.1.. ,. . . . ;:" :' .~~:,. ~y:. '. :~j;~~~!?!.;: ..'lI~.,.~?.~.:...',:,.~~~t1tPt ' ::l:....:...~'.",..~.. ,(~ ~.:;;~4:,.~.....t..-:.>...:.:::..-f..~,,;i;..~:';..~ '''');.':_:~l~':'..l~\;'' .,:.>.,,:~'f -2- (l) 'lba't construct10n, improvement and equipment ot sa1d Stadium Recreational Pac1a ties ahall be undertaken and oompleted in accordance with the plana aDd apec1f'icationa prepared by Marr and Holman, Architeots and Engineers, Inc., and heretofore tiled in the of~1ce of the City Auditor and Clerk, at an estiJDat8d COlt ot $400,000. Such coat shall be deemed to .1nolude the cost ot the conatruction, improvement and equipment ot aaid Stad1um Recreational Pac1li t1es pursuant to said plana and 8pecificat10ns, inoluding the acquisition ot any land8. or interest therein and of any fixtures or equipment or properties deemed neceseary or oonvedent there1'or, 1nterest upon the Reoreat1on Revenue cert1ficates issued pux-euant to this Ord1nance prior to, and during and tor six months atter the cOlllpletion and plac1ng in operat10n ot said Stac11um Recreat10nal Paollitiesj engineer1ng, arch1tecual, 1'1nano1al and legal expense8; expense8 tor estimates ot costs and ot revenues; expensee tor plans, speoificationa and surveys and 8uch other expenses as ~ be nee.8eary or 1.noidental. to the f1nancing authorized by this Or41nance, and the oOllstrllot1on, improvement and equipping ot such Stadium Recreational Pac111t1es aIld the placing ot same in operat10n.. 2. ORDINANCE TO CONSTITUTE CONTRACT. In oonsideration ot the aooept8.1'1ce of the Cert1f1cates authorized to be issued hereunder by those who shall hold the same trom t1me to t1me, this ordinance shall be deeme4 to be and shall const1 tute a con- tract between the City 01' Clearwater, Plor1da, and such cert1ficate holders, and the covenants and agreements herein set torth to be pertormed by said C1 ty eha.ll be tor the equal benetit, protect1on and secur1ty ot the legal holders ot any and all or such Cert1.t1.cates and the coupons attached thereto, allot which shall be 01' equal rank and vitilout preference, priority or di8tinction ot any 01' the Certificates or coupons over anv other thereof' except as expressly provided therein and herein. 3. DEFINITIONS. '!be following terms shall have the tOllowing meanings 11'1 this Ord1nance unless the t4txt otherwise expressly requires: (a) "Citf." :Jhall mean the City ot Clearwater, Plorida. (b) "Act' ehall mean the Charter ot the City ot Clearwater, conat1tut1r1g Chapter 9710, Special Act8 01' the Legi8lature 01' Florida, 1923, and amendments thereot and supplementa thereto. (c) "Ceniticatea" shall mean the $400,000 Recreat10n Revenue Certiticates authorized 'to be 1ssued pursuant to this Ordinance and any add1 tional CertU'icatee hereafter issued purauant to 8ub-8ec tion 13 (L) hereot in the manner there1n pro- vided and 'the interest coupons attached to 8aid Certit1cate8. td) "Holder 01' Certiticates" or "Certlt1cate holder", or any 8imilar term, shall mean any person who ahall be the bearer or owner ot any outstanding Cert11'1cate or Cert;lt1.cates registered to bearer or not regi8tered, or the reg1stered owner ot any outstanding Certificate or Cert1ticates which ahall at the time be registered other than 'to bearer, or 01" any coupons representing interest accrued or to accrue on said Cert1ficate8. (e) "Stadium Recrea.tional Faci11 t1es" shall mean the complete munic1pal recreatIonal facilities 01' the C1ty of'Clearwater, con8tructed and to be constructed which shall include a complete baseball stadium, baseball diamond, 8coreboard, grand- 8tand 8eats, box seats, wire screen, TV and radio tacilitie8, press box, first aid 8tatlon, l.ocker room tor the home team consisting 01' locker8, showers, tollets, o1't1ce for manager, trainer-'s room, visiting players t locker room, &howers and toilets, oftice tor groundskeeper, concession stands, ticket booths and ott1ce~ colored and white re8t room faci11ties tor ladies and men, lighting facilities, and parking tacilit1es. (t) IlRevenues or Gro8S Revenues" shall mean all rates, tees, charges, rentals or other 1.ncome received by the City, or accrued to the C1 ty, or any board or agency thereof' in control ot the management and operation 01' aa1d Stadium Recreational Facilities, and all parts thereot, from the operat1on 01' said Stadium Recreational Fac1lities, all a8 calculated in accordance with 80uhd accounting practice. Revenue8 shall be spec1tically deemed to inolude, w1 thout being I1m1 ted to, any and all rentals or other payments received by the City trom le888e8, l1censee8, or other persons tor said Stadium Recreational Paci11t1e8, or any part thereot. (g) "Operat1ng Expenses" shall mean the current expenses, paid or accrued~ of operation, *intenance and repair 01" said Stadium Recreational Facilities and shall include, without 11m1.ting the generality 01' the toregoing, insurance premiums and e<Jmi.n1strat1ve expenaes ot the City properly chargeable to the Stadium Recreat10nal laoil1tlea, labor, the c08t ot materia18~ and aupplie8 used tor current operatlon, and charges tor the acoumulat10n of appropriate reaerves not annually recurrent but whicb are such as may reasonably be expected to be incurred in accordance with sound accoWlting practice. "Operating Expen8es" s1ial.l not include any allowance f'or depreciat1.on~ renewals or extens10ns or any charges tor the accumulation ot reserves tor capital replacements, renewals or extensionaj prov1ded, however, tha:t whenever and wherever the City ISball lease or license any portion ot aa.1d Stadium Recreational Pac 111 'ties 11Dder terms providing tor the payment 01' net rentals to the Oi ty and whereby the lessee or licensee pays part or all of the costs 01' operat10n and ma1n- tenance, then tho part 01" such cOSt8 01' operat10n and maintenance paid by such lessee or licensee &ball not be included under the term "Operating Expenses" as used 1n this sub-sectlon (g). (h) "Net Revenues" shall mean the gross revenues, as detined in sub-sect1on (1') above, rema1.n1ng after deduction onJ.y 01' operating expen8es, 88 detined in sub-oec t10n (8) above. (i) nFranchise Taxe8" shall mean any and all moneys received by the City tram the Plor1da Power Corporation, its legsl representatives, successors or assigns under the hancbJ.se granted pursuant to the ordinance enacted October 10, 1946, and any and all mcme78 rece1ved by the City trom the Plorida Power Corporation, 1ta legal repreaenta't1 ves, succaasora or &8a1ps, under any extension or renewal ot said tJ.'aaoh1_ or troll ~ DeW tranch18e granting the right to construct, maintUn and opel'&te electrio light and power taci11't1.es tor the purpose or supplying electr1city to the Cl t{ or 1. t. iDbabitanta. jJ) TrutH" hereunder shall be the Cl ty TNasurer of the City or Clearwa'ter. k) Verda 18tpor't1Dg singular number aball include the plural DUIIlber in each case and oe vea. and worda 1mpor'ting persona 8ball 1nclude t1nDa and oorporations. f( f i. r. I' !. ,. f' I" I :' i '. f' k, I!:: ~{ ~'..?:\, '~t " '':';-, '; .":' . .. .. . ,<.,p:,' ::\C"" .', ~i;~:\it;~I\' , ',"'. ':1' (: ;;'l0~~~l~1i, . ~~. ._... ~ , ._....._~". .._...._~.__ ".....- '.'. -..........- ..-... ..... -.- .. ... ,- ~.....~'n. .......". _~; _...... ........ b '"'__'~"~._'" .,,_.., ...'.' '......."'" ""~' ,_~. ;,,'. 'i~ ., .' ....' ,::. <. . . ;~I ;" .~':I',""; '< . ,_. ~ ""'. :.-. I.. _ ....;.,i."t__ _ '_. .' ..' '.... '.. ::" ... , ", ::J.~;j~~Wl::~~)8k~:';:,,;.::;~..i,c::;:::..:~ . " +::: ',>:'" .... - " ~1l>j:"'.':::""~,, " . ~~~~:;i' -3- ARTICLB II AU'DIORIZA'l'IOlJ. ~. BDCU'l'ION. RBOISTBA'1'IOH AND ISSUE OP CER'l'DICATBS. 4. AU'1'BORIZA'l'IOH 01' C~1lI'J:CATBS. SUbJeot and pursuant to the prov1e1ona of tb18 Ord1Dance, Cert1t1.oates or the City ot Clearwater to be known as II Recreation Bevenue Certitioates" are hereby author1zed to be 1ssued in the aggregate pr1l1c1pal amount or not exoeed.1ng Pour Hundred '1houaand Dollars ($400,000) tor the purpon ot t1nancing the cost ~ the oonstruct10n, 1IIIpl"Ovement and equipment of Stad1um Reoreational 1'ao1l1 tie. as prov1ded 1n th1s ordinanoe. 5. DBSCRIPTION OP CBRTIPICA'l'BS. '!be Cert1t1oates shall be dated Apr1.1 1400 1954, ahal1 be in the denom1nat1.on ot $1,000 eaoh.. shall be numbered from 1 to , inclusive, Bball bear interest at a rate not exceeding the legal rate payable aem1- annually on April 1 and October 1 of each year, and aha11 .ture .er1al1y in numerioal order, lowellt numbers tirat, on April 1 ot eaoh year 1n the y.ars and amounts &8 tol1ows: " ~ i I ( i , }. YEAR 1955 1956 1957 1958 1959 1960 1961 1962 t~ 1965 1966 t~ 1969 MOUN'!' . 7,000 7,000 8,000 8,000 8{g,~ 9,000 9,000 10/000 10,000 11/000 11/000 11/000 12,000 12,000 YEAR 1970 1971 1972 1973 1974 1975 1976 tm t~g 1981 1982 t~ AIIOUNT $13,000 13,000 14,000 14,000 15/000 16,000 16,000 17,000 18,000 18,000 19.000 20 ,,000 21,000 22..000 22,000 I . ~ -: . , . ' r' :.:... {.... .~":;::~'.< ~ .:. '. t:" ":0'" " The Cert11'1cates maturing in the years 1955 to 1964, inclu81v81 Mall not be redeemable prior to maturity. The Certificates maturing in the years 1965 to 1984. 1nolusive~ Shall be redeemable prior to maturity, at the option ot the C1ty on Apr11 l~ 1964, or on any interest payment date thereafter prior to matur1ty, as a whole.. or in part in inveree numerioal order.. at a redemption price or ~ and accrued interest to date or redemption. plus a premium ot Pive per oent (5_> ot the par value thereot :1t redeemed on or before April 1. 1968; or a premium of Pour per oent (4~) ot the par value thereot 1t redeemed thereatter but on or betore April 1. 1972; or a premium of 'lbree per cent (3~) ot the par value thereot 1f' redeemed thereafter but on or betore April l~ 1976; or a premium ot Two per oent (~) ot the par value thereof' U redeemed. thereafter but on or betore April 1, 1980. and wi thout premium it redeemed thereafter; provided that a notice ot such 1ntended redemption shall have been publiehed by the City at least once at least th1rty days pr10r to the date of redemption in a f1nancial paper pub11shed in the City ot Hew York.. New York~ and provided further that it le88 than allot 8aid Cert1ticatee subJeot to redempt10n are 80 called tor redemption.. the not1ce ot redempt10n Dball state the 1dent1ty1ng numbers ot the certiticates to be redeemed. Said CertU'1catef.l shall be issued in coupon tOl'Dl~ shall be payable w1 th respect to both pr1.ncipal and interest 1n lawtul money ot the United State8 ot Amerj,ca. at the prinoipal ott1ce ot '!'he Chase National BarJc of the City ot Hew Yorkl Hew York C1 ty, NeW York, and shall be&r Ulterest from their date.. PQable 1n acoordanoe w1 th and. upon aurrencler o~ the appurtenant interest coupons as they severally mo.1;U1'e. 6. BDCU'lION OF CIRTIPICA'l'ES AND COUPONS. Said Cert1f1cates shall be exeouted 10 the name of the 01 ty by 1 ts C1 ty Aud1 tor and Clerk and 1. ts 01 ty "'l"'~8.r, and counterSigned by 1 ta Mayor-COIIIID1as1oner and shall have impressed thereon tbe corporate seal ot the 01 ty. In case any one or more ot the off1cers who llball have s:ltu'ed or 8ealed any ot the Certif1cate8 shall cease to be 8uch ott1cer o~ the City be!'ore the Certit1cates so signed and sealed ahal1 have been aotually aold an4 . de11".red, such cert1t1catea IIIIlY nevertheles8 be 80ld and de11vered aa herein prov1c!ed and. ~ be. iSlSued as U the person who signed or sealed 8uch Cert11'1oatea bad not ceased. to hold such ottj,ce. Any CertU'1cates may be signed and aealed on ~ ~ the City by such person as at the aotual time of the execut10n of such Certif1cates 8hall hold the proper ()ftice in the C1ty, although at the date ot such Cert1t1caterJ rJuch person may not bave held such ottice or may not have been 80 authorized., , 'lbe Coupon8 to be att;ached to the Cert1ficates shall be authent1cated with the fac s1m1le signatures of the present or any tuture City Auditor and Clerk CitY' Manager and Mayor-Coam1ss1oner of' aa1d City an4 the 01 ty may adopt and u.~ ~or the purpose the tac a1m.11e s1gnature ot any of aa1d persona who ahall have held such ort1oea at &.n1' t1me on or after the date ot the Cert1Zioates, notw1thatand1ng that bit may bave ceased to hold suoh ott1ce at the t1me when eaid Cert1ticates ahal1 be actually 801d and delivered. 7 · NBOOTIABILI'l'Y .um REOISTRATIOH. '!he Cert1t1cates ahall be, and bave all or tbe qua11 t1... and lDcldenta ot, negot1able 'instruments under the 1Uf 118rchant and the "gotiable Inatrullentll Law ot the Stateot Plor1da, and each successlve bolder 1D aooept1ns UQ' of 11&14 CertU1catee or the ooupcma appeata1D1ng thereto, IIhall ~ oonolua1vel7 d-.s ~ have apeed tbat auch Oert11"1oatea aball be and. have &11 or the qua11t1..an4 1DoldoDta or negotiable 1natuwDtnts under the law -roban~ an4 the , ~1. IDa~ts Law of the State ot-l'lor1cla, and each .uco...lve holder ahall ....~..;...,;,.1. ,be ooaolull1ve~ de__ to bave apeed that u.1d CertU10atea aball be iDOon- , . :::~4! t:. ~ bMd. or a bcma tide holder to~ value 111 tile manner provided heNln- , .,.,.......- .... 60ft1 ~ NicS CVt11'1oatea. ',. ,. ... ... .\ No. $1,000 ..:;.. '~:., .,... . .,'.. '. . . . . ;;~~0itili{t~::~~~;~;L0~~:.;:;,~,;;:x,,:..~ .,.:...,..; ".:. ..,\V,,~', ,r,.," ....' ,\ . ,.. ~. ,':.t... ,,:'.~. '..' '.... . ~;..".:. ....;:. . ",,~ '.t...; ,'.,'; .. :~.; . ,:' ; -', .' . . .... ..... ...;.".....;ii.;;;~#~;~Ji.cc~~;W"';'~.'"~,.~~~,~l~~;.,!;i.;, .~~l~t~~~;it I'" " ,'''\.\, <\j',",..r't, . iX~;\;Y$~lf,'!q;;" -4- ....,~ ~ ~\~:;J'r 'J.'he Certit1cates may be regiatered at tbe option of the holdeI' ae to prino1pal only at the ottice ot the City Treaaurer ot the C1ty" such regS.stnt101l to be noted on the baok at sud Cert1ficates 1n the spaoe provided therefor. Atter such registration no tranater ot the Certit1cates ahall be valid unlees made at aa1d off1ce by the reg1stered owner, or by M. I1..:ly author1zed &Sent or representative and s1m11arly note4 on the Certiticates, but the Cert1fioates ~ be disoharged tram registrat10n by being in l1ke manner transferred to bearer anel thereupon transferabi11ty by de11very ahall be restored. At the optlon ot the bolder the Certirioat.. 8Y thered'ter qIlin b.-om time to time be reg1stered or tx-anl1'erred to bearer as before. Such reg1atration as to prino1pal only ~11 not aftect the negot1ability ot the ooupona which 8hall oontinuo to paBs by a11very. 8. CBRTIPICATBS JIU'l'ILATBD. DESTROYED, STOLEN OR LOS'!'. In ca.. any Certitioate aha1l beoome aautilated or be deatroyed. stolen or lost, the C1ty IDa)' in j,ta d1aoretion iaaue and de11ver a new Certit10ate with all unmatured ooupons attached ot 11ke tenor as the Cert1f"1cate and attached coupona. tt any, ao DNtllatecl~ c1.stroyed, .to1en or lost, in exchange and substitutlon tor such mut1lated C.rtif1.o.te~ upon surrender and cancellation ot such mutilated Certificate anel attached coupons~ 1t any" or in l1eu ot and subst1tut1on tor the Certitioate and attached ooupons, it any" destroyed, stolen or l08t, and upon the holder 1Urn1ah1ng the City p:root of his ownerBh1p thereot and satisfactory indemnity and ocapl:y1ng w1th luoh other reasonable regulations and condi t10D8 a8 the City may prescr1be and payj,q suoh expenees aa the City may incur. All Certit1cates and coupona so aurrendered ahall be cUlcelled by the C1ty Treasurer and held for the account ot the C1ty. U ~ suoh Cert1t'1oate or ooupon ahall have matured or be about to mature, instead of issu1ng a subat1 tuted Certit1cate or ooupon the C1ty may pay the same, upon be1ng 1ndemn11'led a. atoreaa1d. and 11" such Cert1t1cate or coupon be lost, stolen or de8troyed, w;lthout 811l'render thereof. ! . . ! I \ I " " : , ," ,.; ,',' :. ~ :'. . Any such duplicate Certit1cates and coupon. 1ssued pursuant to this 8ect1on ahall const1tute original, add1t1onal oontractual ob11gations on 'the part o~ the City, whether or not the lost, stolen or destroyed Cert1ricates or ooupOIl8 be at any time found by anyone, and such dupllcate Cert1t1oates and ooupons eba1l be entitled to equal and proport10nate benefits and rights as to l~en and source and secur1 ty tor payment f'rom the Revenues and Franchise Taxes w1 th all other Certit1cates and coupons iS8ued hereunder. 9. PORM OP CBRTIPICATBS AND COUPONS. '!he text ot the Certitlca tee ~ coupons and provis10ns tor registration shall be ot substant1ally the following tenor, w1th such omissiona, insert10ns and var1ations &8 may be neceaaary and des1rable and authorized or perm1 tted by this Ord1nance I or any subsequent oz-d1nance or I resolution adopted prior to the issuance thereot. ~,i';~if~~Jil(1: , i.."c.. . .,>",.,,..,,~ ~,:\I{~i~~Yt, . ---~\ ,'" 1 . " '. ~ UNITED STATBS Q1P AMERICA STATE OP PLORIDA CITY OP CLEARWATER COUN'l'Y 0'1 PINRT.LAS RECRBA'l'IOH REVENUE CER'l'IPICATE KNOW ALL JIBN BY THlSE PRBSERTS that the C1ty or Clearwater, in PJ.nellaa County, Florida, for value received, hereby praD1ses to pay to tile bearer, or if' this Certificate be registered, to the reglstered holder a8 here1.n prov;lded, on the t'1rst day ot April, 19 , from the revenues and special tunda hereinafter ID&ntioned, the pr1ncipal sum of' ONE THOUSAND DOLLARS ('1,000) with interest thereon at the rate of per centum ( ~) per annum, payable semi-annually OD the let day ot April and the 1st day ot October of each year upon the presentation and surrender or the annexed coupons as they severally ta1l due. Both principal of and intereat on this Certit1cate are P&1&ble in latd'ul money or the United States ot America at tne princ1pal ofr1ce of 'lbe Chase National Bank of the Oity_ of Hew York, New York C1ty, New York. 'lh18 Cert1f'icate is one at an authorized i8Sue of Cer1i1ticate. 1n the asgregate p'r1nc1pal amount or $400,000 ot l1ke date, tenor and efrect.. except as to number (rate or interest) and date at matur1ty~ 1ssu~ to finance the cost of the constructJ.on~ improvement and equipment 01' munic1pal stad1.um recreat10nal facili t1es in the City of Clearwater, under the author1ty ot and 1n f'ull compliance w1th the Const1tut1on and Statutes of the State ot Plorida, the CharteI' of the City ot Clearwater~ being Chapter 9710, Spec1al Acts ot the Legielature or Plor1da for the year 1923, &s amended and supplemented, and other applJ.cable statutes" and an Ord1Iw1oe duly adopted by the C1 ty Comm1sa1on of aa1d Oi ty on and 18 subject to all the terms and, condi t10ns ot. said Ordinance. 'lb1s Cert1ficate and 'the coupons appertaining hereto are PQable 80lely trom and sec,ured by a lien upon and pledge of the net revenues derived from the operation or the mun1c1pal stadium recreat10nal faci11ties described in ~e Ordinance author1zo ing thia tssue of Certificates and franchise taxes received by the Clty or Clearwater in the ma.nner provided 10 aa1d Ordinance and does not canst1 tute an 1IldebtecJness at the C1ty or Clearwater Within the mean1J1g ot any conat1t;uttona1, statut~ or obarter prov1eiOll8 or l1m1tat1on, and it 1s expressly agreed by toe holcle1-a of this CertU1cate and the ooupone appertaining hereto that such holdeI'll 4~ this ear'ltlce.'ta aM Ute 8SNpODa ~eI't-1a1ns here\o llhat euoh ho1"'"6 sball never have the r1ght to require 01- ~capel tbe 8Dl'Oise or the ad valorem tax1ng power or 1ia14 C1 'ty, or the tuAUon or real .state in 15&14 City.> for- the p&JMnt of" the pr1l101paJ. o'E and in- tueat on th1a Cert1ficate or the mak1ng ~ ~ s"nkina tund" re..rYe or other pqMDta pI'OVi.c1e4 ror 11\ the 0r41nanc. auth01'1zq tbia laaue or CutU'lca.tes. ~ ~--.. _..... ;~. '--. ..' -5- , '.' .', ,,';i";;';;~~"(;,:, ,<,;,;[:;j;~;J;;,."j;it~';~~~tj\i{i;1,'k;"11' ~)<< < ' f.>'. < ' \. . F' \ , . ,.; ',". ",./,.. It 11 further agreed between the Clty ot Clearwater and the holder ot' th1s CertU-lcate that this Certificate and the obligatlon ev1denced thereby aball not constitute a 11en upon the a1'orelald munic1pal stadium recreatlonal tacl11t1.ea, or arQ' part tha1'801', or on ~ other propert~.. ot or in the C1 ty ot Clearwater, but eba1.1 conltitute a lien only on the net revenues der1ved trom the operat10n or sald lIN1'11.o1pal stad.1UJ1l reoreat1onal tacl11 ties and tranchise taxes 1n the manner prov1.ded in Ba1d Orc11nance. '>C) ~j ,.~.V 1 1 ! I 1 I t I . . 1 :..,:.... : j . .... t d ~ C1ty 111 ea1d Ordinance has covenanted and agree~ w1th the holders ot the Certl1'loates ot this lssue to fix and establlsh and mainta1n suoh rates and oolleot sucb 1'..s, rentals or oth.er charges tor said munioipal stad1um recreat10naJ. tacll1tles, and each and every part thereot, and to revlse the same tram time to time whenever neceleary (subJect to the prov1s1ona of any contracts w1th lessees or llcenaees ot 8\1Ob 1'ao1.11tles, or any part thereot), as wl11 alwaye, together w1th the t'ranoh1se taxes pledged to ~. payment ot the pr1nclpal ot and 1nterest on the Oertltloatea ot t;h1s Iseue 111 the manner provlded In ea.1d ord.1nance, prov1de revenue I surt10lent to p&)', and out of sald revenues ahall pay, as the same ahall become due ~ the prlnc:1pa1 or auu1 Interest on the Certlf'loa tes ot this 1ssue, 1n ac1d1 tioD to paying ~ a8 the Slime Ihall become due, the nece8Bary expenses at operating and ma1nta1n1l1g said JIlUnj,01pal etad1um recreational tacl1itles, all reserve or s1nk1ng tuneS., 01' other payments provlded tor In aa1d Ord1nance, and all other obllga tlona payable out or the revenues ot sald municlpal stadium recreatlonal tacl1ltlee, and that suoh ratel~ teee, rentals or other charges ahall not be reduced so as to be 1nauf"ticient to prov1de revenues tor such purposes, and I5a1d 01 ty bas entered into certa1.n t'urther oovenants 'W1 th the holders of the CertItica tee or this issue tor the terms ot wh10h reterence 1s made to said Ord1nance. ; ; I , [ 'lhe Certlt1cates maturing in the )'ears 1955 to 1964, inclusive, are not redeemable prior to maturity. 'Itle Certitloates maturlng 1n the years 1965 to 1984. 1n.clUIJ1ve, are redeemable pr10r to maturity. at the option 01' the City on April 1, 1964, 01' on any interest p~nt da.te thereafter prior to maturlty, as a whole or in part, in inverse numerlcal order, at a redemptlon prlce ot par and acorued 1nterest to date ot redempt1on, plus a prem1\UD ot rlve per cent (5~) ot the par value thereot 1t redeemed on or betore Apr11 l, 1968; or a premium at tour per cent (4;) ot the par value thereat 11' redeemed thereat'ter but on or betore April 1. 1972; or a premium 01' three per cent (3;) ot the par val.u.e thereot if' redeemed thereafter but on or before Apr1.1 1, 1916; or a premium ot two per cent (~) ot the par value thereot If redeemed thereatter but on or bef'ore Aprll 1, 1980 j and wl thout premium 11' redeemed thereafter; provlded that a. notlce ot such redemption shall have been publIshed at least once at least tM.rty ~s pr10r to the da'te ot redemptlon in a financial paper pub11ehed in New York City ~ New York. It 1s hereby certlf'led and recited tb.at all acts, condit10ns and things required to ex1st ~ to happen and to be performed precedent to and In the issuance ot thJ.s Cert11'icate. ex1st~ have happened and have been performed in regular and due form and tilDe &8 requ1.red by the statutes and Constitution ot the State or Plorlda appllcab1e thereto. and that the ~asuance ot this Cert1f'lcate, and ot the Issue ot Cert11'1catea of" which this Certlti.cate Is one, does not violate any const1tut10nal, statutory or charter 11m1 tat10n. '1h1s Cer't11'1cate, and the coupons a.ppertaining thereto, 115, and has all the quall t1es and inoldents of. a negotiable j.nstrument under the law merchant and the lfegot1able InetrLJments' Law of the state of" Plorid.a, and the or1.ginal holder and each sllccesslve bolder of this Certif'1cate, or of the coupons appertaining thereto, ahal1 be c,onclu81vely deemed by bie acceptance thereat to have agreed that this Certlticate and the c011pons apperta1n1ng thereto ahall be and have all the qual 1 tles and inc1.dents or nesoti.able 1nstruments under the 1a. merchant and the Negotlable Xnatruments Law of the State ot Florida. 'lhe original holder and each "successive holder ot th!.& Certlfloate, and of the coupons appertaln1.ng hereto, shall be concluslvely deemed to have agreed and consented to the 1'o110wlng terms and conditions: (a) 'l.ltle to this Cert1tlca'te, unless registered as herein prOVided, a..'l~ to the anne.xecl1.nterest coupons, ~ be 'transferred by delivery In the manner provided for negot1able lnstruments payable to bearer 1n the law merchant and the Negotlable Instruments law ot the State of F1orj.daj (b) Any person 1n p08sess1on or this CertU"icate, unless registered as herein provlde4~ or or the Interest coupona hereunto appertaining, regardless ot the IllaDDer 1n wh1ch he ahall have acquired possesslon, le hereby author1zed to represent b1maelt as t;he absolute owner hereot ~ and ls hereby granted power to transter absolute t1tle hereto by deliver'y hereot to a bona ~lde purchaser that ls, to any one mo 8hall p\l1'chase the same ~OI' value (present or anteoedent j Without notice of' prior derenses or equl t1ee or claims of' ownerab1p enforceable against Ms transferror; every prior taker 01' O'IfDer of 'th18 Certlflcate, unless reg1stered as herein provlded, and ot the annexecl1nterest cOupOI18, wa.1ves and renOWlces allot his equities and rlghts here1n in ravor ot every sucb bona :tlde purchaser, and every such bona tlde purchaser shall acquire absolute ti.tle hereto and to all rlghts represented hereby; and (c). '!be 011;y of Clearwater may treat the bearer ot this Cert1floate. unless reg1stered as here:1n provided, or ot the lnterest coupons hereunto appeMa1n1ng, as 1ibe abs01ute owner hereof' for all purposes Without belng aftected by 8D7 notlce to tbe cOlltr&17. 'lb1a Cer'tlfS.oate may be registered aa to pr.1nc1pal only 1n accordance with the prov1s1ons endorsed hereon. ~ i-- --... ~~~~fy::?rB,r>!'{'\."::"';~>" c' . ," '.,' ' , " .>....!'{.'.~~.,:(,:'. .;..::...... " . . , '.' "'.1Mis~~1~%~~!,tti;~~i;At:ni~lL!!2l;~~:;;: ~i~i!~Jj~':,:,2:;:Cj'i~~t~~i~d:ii.fl;;:)l~i~;:21i~::\!~);'S~2;ii:i~t6;Xt~;;d;rJt.i:~@J~';~~~~{;i:i:c~Ji~]J~~1~'c: . '.' " .' .J -6- " ":" III wr1'NBSS WBIRBOJ' aa1d City of Clearwater, Plona, baa 1aaued tbl8 CertU1o.~ and baa caused the ... to be a1lM4 by 1ta 01ty Aud1tor and Clerk and 1t. 01.tJ" .' JlaD8&V, oountera1gned by ita Jlatpr-CCIIID1.s1oner and 1 ta, oorporate Hal' to be' Art1ad hereto and bae oaUMd the tbtere8~ coupons hereto attaobecl to be executed. nth tb8 tac 8111I11. signatures of allot aa1d o1't1cer8, all .a ot the t1rat ~ or April, 1954. . CIft OF CLBARW'TBft. JPL()Jl'RA ',' - . . C1ty AWI1tor and cleric (&BAL) By city JIanager Counters1gned: ~or-<:OIIIIUas1oner (PCIUC 01' COUlON) Ho. . .. On the _ ot , 19 , (Ural.aa the Cert1.tlcate to wb10h th18 coupon is attaobec1 sball bave been clu1y oalle4 tor redemption and provision tor the ~t or the rec1eIDpt1on prlce duly macle) the City of Clearwater, lPlorida, will pq to the beare at the pr1ncipal oftioe of '!be Cbaae Nat10nal Bank or the Clty ~ If.. York, Hew York City, Hew York, from the revenues and special hnc1a desorlbed 1n tbe CertU10atea to 1d11ch tb1a ooupon 18 attaohed, the aum ot Dollars ($ ). 1n lawtul money cd the UlUted States or America upon presentation and aU1"1'ender o~ thia coupon, being six montha interest then due on ita Recreation Revenue Cert1t.1cat., dated Apr1l 1, 1954, Ho. CITY or CLBARWATBR, I'LORIDA By , C1.ty AUd1~r and C~erk By C1.ty Jlanager Countersigned: Mayor-d0llllD18a1oner (Paul 01' VALIDATION CBRTIPICATB) Val1date4 and oonfirmed by c1eoree ~ the Cireui t Court ot the S1xth Judic1al Circuit of P1orida, 1n and tor Pinellaa COWlty, rendered on the. 4&7' ot , 1954. dlerk o~ thO C1rcu1. t court or Pinellaa County, Jlor1da (PROVDION POR REGISTRATION) 'DUs certificate may be registered &s to principal only 1n the name or the holder on the books to be kept by the 01 ty Treasurer a8 Registrar ~ 01' such other Registrar as may hereatter be d.ulyappointed, such registrat10n be1ns noted hereon by 8uch registrar in the registration blank below, a.tter which no 1;ranater 8hall be val14 unles8 made on said booka by the registered holder or attorney duly authorll:ed and a1Dd.larly noted in tb8 registration blank below, but it may be discharged :trom registration by being transferred to bearer, a1:ter whioh it shall be tranaf'erable by delivery, but it may be aga1n registered as before. 1be regiatration or thia certif1cate as to principal ahall' not restrain the negot1abi11ty of the coupons by del1 very merely.' DAB OP BmISTRA'l'ION IN WHOSE NAME REGISTBftBD SIGNATURE OF RBOIS'lRAR ARTICLE III OOVBNl!H'l'S /I REVBNtJES AND APPLICATION THEftEOP. 10. CBR'l'D'ICATBS NO'!' TO BE IHDEBTBDNESS OF THE CITY. Neither the Cert1f'1cates nor coupons ahall be or constitute an 1ndebtednelis ot the, City. but &ball be p~ble solely trom the revenues o~ the Stadium Recreat1onal' ".' Pa.ol11tl..~ P.ranch1se Taxes and other epecial tunds. as herein provlded. He holder' or holders. or ~ Certificates ia.wa4 hereunder ~ or ot any ooupona apperta1n1ng thereto." aba1l ever have the r1ght to compel the __"lee ot tbe ad valorell tax1.ng power. of the City, ortuat1on 1n any tom ot anY real property therein, to PQ "'.4 certificates or' the interest thereon, or to be mltitled to ~Dt ot 8\1Oh pr1Do1pal &Del interest trcD ~ other tuncl8 ot the C1t7 except the net. Revenues ot 8&14 ' Stadium Ileoreaticmal J'acil1t1.s, Pranoh1a. Te:xes and other apec:tal funda, as provided beJte1n. , . . '... . , . i .....:.' :'.' ..... .:<:~fft),!)If;'!?E'~: :!C~< .... .' !.... , .8~ .F, .' .:~ ..';:~ '~'\~::~':';l" :~:;., i. ::". ,\' t < <;. t:', . ~:f~ ~l .', ";;;. '.;{ ~1' ','I' .s; ~ .:;. ~\ . ,~ ',:;i ;" ., :.? " .1'. ";. '.' .;'..~ '0".:\ J..';' _:",.r..., ;/ r,l' -7- 11. CERTD'ICATBS SBC1.JRBD BY PLEDGE OP REVBNUES AND SPECIAL rmms. (A) 'lbe p~nt of the debt serv1ce ot allot the Cert1ticates I.sued hereUnder shall be secured forthw1th equally and ratably by a lien on the net Revenues der1ved .tram said Stadium Recreat10nal Paci11t1ee. '1he net Revenuee der1.vec1 tram aa1d Stac11um Recreat10nal Facil1t1es in an amount euff1c1ent to pay the pr1nc1pal ot and loterest on the Cert1ficates here1.n author1zed, and to make the paymente 1nto the reserve and e1nk1ng fUnds and all other p~ntlS prov1ded tor 1n this 0rcU.nanc., are hereby irrevocably pledged to the pa)'Jllent of the pr1nc1pal of and 1ntereet on the Cert1t1catea herein author1zed as the same beoame due. (B) 'lbe p~nt ot the debt serv1ce on all the Cert11'1catea 1esued hereunder shall also be turther secured forthw1th equally and ratably by a pledge of and lien on the proceeds rece1 ved. by the C1 ty from the Pranohise Taxes, and the C1 ty doee hereby 1rrevocably pledge such prooeeda of such Franchise Taxee to the pqment ot the principal ot and 1nterest on the Cert1fIoates ia8ued purauant to this Or41nanoe and to the oreat10n and maintenance ot the reserves theretor provided 1n th1s Orc11nance. , rl' ~: (,t r;; ",. !~ ~ f.;, :( y ~" f: L r '!be C1ty Treasurer of the City ot Clearwater, Flor1da, and bis succeseore 1n oftice i8 hereby const1tuted the truatee tor the purposea ot th1D ordinance. All of the proceeda ot such Pranch1ae Taxes rece1 ved by the C1 tll. after the date ot the Cert1fIcates to be iS8ued hereunder, to-wit, April 1, 19~, aball be deposited 10 a trust account by the City and shall be disbur8ed theretrom 1n the manner prov1ded here1n. As moneys representing the :proceeds ot said Pranch1.e '!'ax.. are deposited 1n aaid truat aocount by the City and when moneys therein are available, the C.1ty ehall pay over to the trustee ot and into the Sinking Fund hereafter created, an amount which, together w1th the Net Revenues available theretor and theretofore depos.1ted 1n said S1nk1ng Fund, will be not leas than the aggregate amount ot princ.1pal 01' and 1nterest on the Certiticates due and payable October 1, 1954, and April 1, 1955, plus an additional amount equal to ten per cent (l~) or the ~ore8a.1d principal and interest p~nts to meet the requirements ot the Reserve A~oount provided tor in Sect10n 13 (D) (2) hereof. Atter making the payments theretrom hereinabove prov1d.ed, moneys deposited in said trust account in wh1ch aa1d Pranch1ae Taxes are depos1 t*d before .ruly 1, 1955 and the proceeds of 8uch Pranch1S8 Taxes collected pr10r to .July 1, 1955, may be withdrawn and appropr1ated by the C1ty tor any lawful purpose. Prom and atter JUly 1, 1955, as moneys representing the proceeds 01' sud Pranch1se Taxes are deposited 1n said trust account by the C1ty and when moneye therein are ava1lable, the City shall pay over to the trustee ot and into the S1nk1ng Pund hereafter created, an amount wh1ch, together with the Revenues ava1lable therefor and theretotore deposited in sud S1nking Fund, will be not lesa than the aggrepte amount ot principal ot' and interest on the Cert1f1cates wh.1ch rill mature and become due and payable on October 1st and Apr1l 1st next succeeding each such July lat plus an additional amount equal to ten per cent (l~) of 8uch p~nta to meet the requirements ot the Reserve Account provided for in Sect10n 13 (D) (2) hereof. l'.uneys 80 deposited 10 said S1nking Fund ahall be used for the purposes and :1n the manner here1na1'ter prov1ded. Whenever in any twelve consecutive month period beg1nn1ng 3ul.y 1st and ending June 30th, the C1.ty shall have depos1ted in the SJ.mk1ng Pund here1natter created and 10 the Reserve Account there1n the aggregate annual sums required to be deposited therein a8 hereinabove prov1dedl moneys on deposit in or deposited 10 said trust account in which said Franchise Taxes are depos1ted betore the next succeeding July 1st, and the proceeds of such Franchise Taxes collected prior to the next succeeding July 1st, may be withdrawn and appropriated by the City for any lawf'ul purpose. '!he C1ty does further covenant and agree that as long as any ot the Certif1cates are outstanding and unpaid, as to either princ1pal or interest, aocrued or to accrue, or unleas pa~nt thereof has been duly provided tor, it will not repeal the crd1nance enacted October 10, 1946, granting the franchise to the Flor1da Power Corporat10n and levying said Franchise Taxes, and will not amend or moci1ty said ordinance in any manner so &a to reduce the rate or amount of Pranch1se Taxes lev1ed thereunder, or impair or adversely aftect the obligation ot the Flor1da Power Corporat1on, or ot its legal representatives, successors or aSSigns, to pay, or the power or ob11gat10n 01" the City to levy and collect, said Franch1.se Taxes, or impair or adversely attect 1n any manner the pledge ot such Franchise Taxes made herein, ')1- the rights ot holders ot Certificates issued hereunder. ~ C1ty further expressly represents that it has legal and va1ld power to levy and continue to levy and collect said Franchise Taxes in the manner provided 10 said ord.1nance enacted October 10, 1946, notw1thstand1ng that the leg.1slat1ve authorIty conta.1ned 1n the Act may be repealed I amended or mod1tIed by the Legialature 01" Florida prior to auch t1mej and said City further repreaents that the covenant entered 1nto between the C1ty and holders ot the Certif1cate8 pursuant to this Section 11 (b) constitutes a val1d and legally b1nd1ng contract between the C1ty and such Cert1f1cate-holders are not subject to repeal, impairment or mod.1f1cat1on by the City or the Legislature of' the state of Flor1da. 'lbe C1ty hereby covenants with the holdera of the Cert1ficates that, in the event it ahall acq~ the electric power and distr1but10n faoi1It1es 01" the Plorida Power Corporation w1thin the City, pur8uant to the prov1s10ns or the ord1nance enacted October 10, 1946. or otherv1se, or 1n the event 1t ahall acquire, construct or operate an electric power and distribution system w1thin the City 1n place 01' the electr10 power and distr1butIon system ot the Plor1da Power Corporat10n, and the ~ae '!'axes are not available to the City to make the ~nta therefrom requ.1re4 pureuant to the prov1a10ns ot this o.rd.1nance, the City will make ~nt traD the net revenues t1l'at available to 1t frcm the operat1on of any such electr1c power aD4 41str1butIon e;retell 80 owned, acqu1red, constructed or operated by 1t ot the amount. required to be paid trcm the P.ranch1se Thea purauant to the provi8iona ot tb18 ord1nanoe. ~~ .. i' If: .," ,:.:.:. . ";:', .- . :~~!~ :.//: . t .~,,~<.. . I~~~~r'~lf T~""~l't";" ". . -- ---.- ~.~\....... .-. -.-... <: ---.. .. ,. . . " ~ .' " . ':. ' . . ." ',. ' '" " ....~~. .. '.;. . . ~, '. :~,~,:~~:;;:;:,::,i ~~,;J.;;ii~~kt~~~0;;j~~~~ti)t~;ir"""" -8- ~;, 12. APPLICATION OF CIR'l'DICA'lE PROCEEDS. All moneys xaeceived trolil the 8.1. ot ~ os- allot the $!lOO. 000 Cert1f'1oates or1g1na1ly author1ze4 and j,saue4 pur8\UDt to this Or41nance shall be deposj,ted by t;he Clty in a special account. and 8J1al1 only be ueec1 tor, and app11ed by the 01 t~ solely to, the payment or the coat 01' the oona'truct:lon, 1mprovement and equipment ot aud Stadium Recreational Paoi11t:lel. the 8atabl1eh1ng ot a Reserve Account 1n the amount ot $15,000 wbioh ls berebv orea1ied; and other purposes proyj,cled :ln' this Ord1nanoe, and tor' other mun101paJ. purpoaea. tt tor 8.!1y'reason any portj,on or such proceeds or sale ot the CeMlt.1oatea are not necessary tor, or are no1i to be app11ed to, the atoreea.1d purposes, tben auob unappl1ed proceeds ehall be depoal ted by the 01 ty 1n the Reae". AccolU'lt hereinabove created, 1n the SI.AId.ng i'unc1 to be eatab118bed pursuant to su.b-sect.1on D ot Seo t1cm 13 ot 1ih1s Or41nanoe and ahall be used only tor the purpose or the payD8nt ot matur1ng px-1no:lpal ot or !nteH8t on the Certlf10ates when the other 1DOI'18)'. .1n 'the 81nk1ng Pund. are :lnaut.t1clent therefor, and tor no other purpose. All e\lOb proceeds 8hall be and const1 tute a trl1st :tund ~or such purpose8 and there 18 hereby Cl'.,,~ed a l1en upon such memay, unt1l so applied, in favor ot the bolders at the Cert.1t.1ca1iea. Moneys depo81.ted in the 3pec1el aooOUl1t pursuant to this Section 12, pend1J1g the1r u"e 1n the manl'ler 11'1 this Ord1na.1'1oe prov1.ded, may be temporarily Ulv8ated 1n d1r801; obligations or the United States ot Amer10a matur1ng not later than five (5) ~em-s trom the date of purchase or any other obl1gatlons of the United States ot Amer3.ca regardless or matur1tY' or interest wh1ch ob11gat10ns are tully guaranteed or Dnlet othendalt be ma1.n'ta1ned in caeh or savings aOcoWlt. ~. '>C:J . ,iP"Y- .. --. '.'; ; "h ',.;;.~ ;! ""i>~').., >:.,) '.,1 ~~. " >, ; :5~ .:.. }. l: '; .~ I 13. COVENAWl'S OF THE CI:'l'Y. So long 8a any 01' the Oer1;U'loates sha1.1 be ~ , ' outstand111g and unpdd, or until there shall have been set apart 1n the S1J1k1rIg Pund I . herein eatabl.l8hec1 a S'U1D suff"icient to pay, when due, the ent:lre pr1nolpal ot the Certif'ioatea rema1n1ng unpaid, 1;oge1;her with interest acorued and to acolt"lle thereon. li '. ' ;.<,,,;.,, the 01 ty covenanta nhh the holder8 ot any and allot the Cex-ti1'1cates 188118d ,: ',.. ~ :;:' \\'li)<\ pursuant to this OrcUnanoe as 1'0110"8: .. '. ",'," ,'" A. RATES. '!hat the C1ty w:111 tix, establj,sb and ma11'lta1n hch r8~e8 aI1d collect such tees, rentals or other charges tor the serv10es and ~8c111t~e8 of ea1d Stadium Recreational Fac111tj,es (subject to the terms ot any valid leases or ~1cenaea then 1n force), and revise same 1'rom time to time whenever neoessary, as tl111 &1~1I prov-J.de Revenues, together w1. th the proceeds of the Pranoh1se Taxes. eu1'1'lc1.mt to pay, 1n the manner apec1f1ed 111 Section 13 of this Ordinanoe, and out 01' sald Revenues 8ball pay ~ 88 the same sbaJ.l become due I the pr1ncj,pal o~ and 1ntereet on the Cert1.t:1cates, 1n acld1tion to pa~1.ng, as the same Bhall become due, the necessary expenses of operat1.ng and mUntain1l1g suoh Stadium Recreat10nal. J'ct.o.1l1t1es, &J.L reaerve or a1nk1ng funds or other payments prov1ded for 1n this ()rdj,nance~ ana 811 other obligat10ns or Lndebtednes8 payable out ot the Revenues of such Stad.1U111 Reoreational Facllj,t:les" and that such rates, tees, rentals and other charges shall not be reduced so as to be insuf'fj,cient to prov1de Revenues for suoh purposes. B. fiEVEN1JE PUND. 'lhat the ent1re gross Revenues derived trODi the operacion or sa:ld Stadium Recreat1.onal Paci1lt1.e~ shall be deposited 1n a spec1al ZUnd in a bank or trust cOJDp~ which :1s a member of the Federal. Reserve System, wh1cb fund 18 hereby dea1gnated as the "Stad:1um Recreat10nal Faci11t1es Revenue Punc1t1 (b.ere1n called "Revenue Fund"). Said .Revenue Pund shall constitute a trust f'und for tile purposes prov1ded :1n th:1s Ordinance and 8hall be kept separate and distlnct f"rom all other :funds ot the 01 ty and used only tor the purposes and ln the manner proVided 1n sub-section D of tMs Sect10n 13. c. OPERATI:ON AND HAIlrl'ENAllCE. ~t it w1ll ma1.nta1n .in good coJ1d:1t1on said Stadium Recreational Pacll1.t:1ee and w1ll. operate the same e1ther d.1rectQ or tbrougb 1essees or licensees ln an efficient and economical. ~r, mak1ng SQoh expend1. ture tor equipment and tor renewal" repair and 'replacements as may be necessary ~or the economioal opex-at1on and maintenance thereot from the Revenue Fund. D. D:ISPOSrrION OF REVENUES. I}hat all Revenues at any time rema1n1ng on deposit :1n the Revenue Fund sbal.l be disposed of 1n the fol.lowing manner and order of' pr1or:1t~: (1) Jtevenues shall rust be used tor the p~t ot a11 current Opera.t1.ng Expenses of the Stadium Recreat:lonal Fac11it1es as here1n'defined, to the extent tba1i the same are not pa1.d by lessees or licensees. not J~ i:n~:e~~ ~e or~J: ~~~~ ~t~h~ a::~u~:n:PP~J.~~t~~~ ~,~n~;!~~}'jt;YitjiJ~~\: ; apart. out of t118 aa1.d Revenue Fund. and deposlt :in a fund to be lmown as the! . ~Qt.J., ~:::{~:Sf;~~im;g~?~~;T. : "Recreat:1on Revenue Ceri:1t1cate S1r1Jc1ng Fund") iWhich 1s hereby oreated 8J1d\~~ :r~,;;:'U{t~~;?i~;-~,E~t,1(:,\ ' establ:l.8hec1. an amount, wM.cb. together with the amounts of' the proceeds of" 1ihe d ):O:t;1;~:2;Wi~~.::;-' PrancM.se '!'axes av8J.lable therefor and depos1 ted in B8id S1nk1ng Pund, w111 be no1; :~~':{(~:5;;:i!~\(i;' '~lf> leae than one-.tvelfth of the aggrega.te amount of pr1nc1pal o~ and interest on 'the :~TJ:~l::i:~!~;,;~~\C~;}~: CertUj,oaCe8 which w111 mature an.d become due and payable on and pr10r to the next . :Z:hY;ff:~y.:!(~X~f.~t~:', _tuM:ty elate or such Cert:lf"icate8; ~rovided. however, that; whcmever in any 'tweLve ,;\;?;;';i~i~f:~~i:~~~fl:': oonaecuttlve month per:lod beg1nn.:1ng J'u1Y' 1st and. ending June 30th the City shall have .;;t~;~:i:i:;Vl,~;~~6i;::::,'. depos1'tec1 in aa1d S1nk1ng JUnd the asgregate annual sum requ1red to be depol:1ted ':~;"~;J{:g(.;\:h~~i;~~i~~: therein as above provided, no tllrther payments need be made into sa1d Sj,nk1ns J'und ':i(;'.s,:>:~~:~XttiSi::~ trom aa1d RecNa't1on Revenue Plmd UBti1 the following July 1st. ,{/g::H:;:f~~;i~':;\> 'B1e C11;7 shall alBO from the Recreat10n Revenue Pund deposit 1.n the ReseMe 'Ai{~~:~};~~~~~':~{':. Ao\loun1i in 8a1c1 81nld.mg Pund Dot later than the first c1ay ot eacb calenc1ar mcnth in ~: each year all UIO\1Dt wb1oh, tosethR nth the amounts ot the prooeec28 ot the Pranoh:l.ae 1'axea' ava1lable therefor, and clepoei ted 1n aa1d Reserve Account. .111 be not l..88 tbaD an amourlt equal to 'ten per cel1t; (l~) ot all amounts requ1re4 to be paiel roJ.- maturimS pr1.noj,pa1 and interest; j,nto 'the S1nk1ng PuDd. as prov1dec1 1D the above i; "' :'1 'Ii>; __ ._~ --....._."..""f' .~. ,co , ~~..........", f' ',",' ; .', . . .1" . " . .'" '. " .", ",',' '.:~~".i,.~":....:....",.".~"..,.,, . , ~..::~: ;.:. . ~'l;\;:~,i,;, i, ~i>"""""f1':~ li' . ,', .: ~;. . " " I: . ...' . J-jJf? "9- . .',' . ~".:;~"", ':::"" :< paragraph, on sa1d dates provlded howeveI-, tha't whenever in &.ny' twelve conaecutive month period beg1nning July let and end1ng June 30th. the O.1ty aball bave deposited in ea1d Resene Account the aggregate annual BUIll required to be deposited therein, as above provided, no turther payments need be made into 8&.141 Reserve Account from sa1d 'Reoreat1on Revenue Pund untll the 1'011ow1rlg Jul:f lat. and. pl"Ov1c1ec1 further. that no further p~nts 8hall be req)11red to be mac1e J.nto 8&14 Reaerve Account when there ehall have been depos1ted there.1n. and as long a8 there ahall remain on deposit therein, the sum ot 'l\irenty Plve 'l'hou8&I1d Dollars <$2;,000). Moneys in the Reeerve Acoount ahall be used only ror the purpo80 or the payment 01' maturing prinoipal ot or interest on the Certitioates when tho other moneys 1n the S1nk1ng !'und are 1n8utt1o.1ent theretoI'. and tor- no other purpoBe. In the event any withdrawals are made trom aa14 Reserve Acoount, suoh.l thdrawals ahall be restored to said Reserve Aooount .t1"OI1l the t1ret available Revenues. or the proceeds ot the Franchise Taxes wh1ch are available, after all payments have been made tor matur1ng principal or and interest on the CeI-titioate8. 'D1e C1 ty &ball not be required to make any turther payments into said 81nk1ng Pun4 or lnto the Reaerve Aocount 111 sald Sinking Junc1 when the &ggresate amount ot hn4s in both aa1d 81nld.ng Pund and aa1.d ReseMe Acoount aN at leaat equal to the aggregate princ1pal amount ot Certiticates 18sued pursuant to tb1a Ord.1nanoe then outstanding, plus the amount or 1nterest then due or thereafter to beoame due on said CertlfioateB then outstanding. (3) 'lbereatter the moneys rema1rdng in the Recreation Revenue Pund 8ha11 be used to establish and set up a Renewal and Replacement Pund and the City shall p~ annua1ly into aaJ.d tund trom the Recreat10n Revenue ll'Und on the first day ot .July ot each yeaza beglnning I'll th .July, 1955 ~ an amount which ahall be equal to t1 va per oentum of the groBS revenues aotually recelved and collected tor the servlcea and tac1l1tles ot aeJ..d Stadium Recreational 1'&c11i'tle8 dur1ng the preced1r1g twelve coneecutl ve month period. '!he 1"unds in suoh Renewal and Replacement Pund. 8hall be used only for the purpose ot pay1.ng the cost of' exteneions ~ 1mprovementa or ad41t1one to or the replacement of cap:1tal assets ot Bud Stadium Recreatlonal Pacil1t1es~ or any part thereot. (4) It on any ~nt date the Revenues together with other avaJ.lable 1'unds, are insufficient to place the required amount 1n any or the funds as hereinberore prov1ded. the deficiency shall be made up 111 the subsequent p~ntB in add1 tlon to the payments 'WhIch would otherw1se be req\Ured to be made 1nto the Punds on the subsequent p~nt dates. (5) 'lhereaf'ter I the balance ot any Revenues reJll81n1.ng after all other requ1J'ed payments into the funds provided above have been made, may be used by the Cl ty in any manner requ1red or perm! tted by law. (6) !1he Recreation Revenue Fund, S111ld.ng Fund and Reserve A'ooount thereln~ and the Renewal and Replacement Pund~ and all other apeo1.aJ. tunda set up and oreated by th1s ordinance shall constitute tI-Ust f'unds tor the purpose provided herein toJ!' such f"und8 $ and shall be deposited and maintained 1n a National Bank or Trust Company in the City of Clearnter, Florida. All of such t'unda ahall be continuously aecured In the same m&nr1er as Btate and Mun:1c1pal depos1ta ot tunds are required to be secured by the laws of the State of' Plorida.; provided I mnrever. that the obl1gat:1ona eecur:1ng such funds shall be at all times at least equal in market value to the amount of money in said funds. '1he moneys in the Reserve Account in the S1n1c1ng Pund and 1n the Renftwal and Replacement Fund ~ be invested by the Cl ty 1n direct obligations of' the Un! ted States ot America or must otherwise be maintained in cash or savings aCcoWlts. B. SALE 01' STADIUM BECftEA'l'IONAL PACI:LZ'l'IBS. ihat aa:f.d Stac11um Recreational 1Pac111t1es, or any part thereof I may be sold~ mor1;gaged or otherwise d1epoaed ot on1y 1t the net proceeds to be real1zed shall be sufficient tully to retire allot the Cut1f'1cates Issued PU1'aruant to this Orc1:1nance and all intereat thereon to their respect1ve dates of maturity or earl1.er redempt10n date. '!'he proceec1s trom such sale" mortgage" or other d1epos1t;1on ot sud Stadiwn Recreational Pac111t1ea shall 1DIIled1ately be depoBited in the SinkJ.ng Pund and shall be used only tor the ~lSeor ~ing the pr1ncipal ot and 1nteNst on the Certificates 1ssued purauant to thi8 Ordinance as the same shall become due" or the redemption ot ca1lable Certificates at a pr1ce not greateI- than the redemption price thereot. Atter allot such pr1ncipal and :interest abaJ.l have been duly paid and retired any balance retNl1n1ng j,n said f"und sba1.l be remitted to the Cit~. !he leasing or licensing or sa1d Stadium Recreatlonal J.ac1l1ties, or ot parts thereot, ahall not be deemed to be a sale OJ!' d18posi tion ot such Stad1um Recreat10na.1 Pacil~tie8 as long as the C1ty rece.1ves reasonable and fair rentals or Income under such leases and licenses and the same are payable 1nto the Revenue Fund. P. ISSUANCE OP OTHER OBLIGATIONS PAYABLE 011'l' OP REVBNt1ES AND PBANCHISE 'lADS. '!bat the a~ty wJ.ll not 1ssue any other ob11gat1ons~ exoept upon the condit1ons and in the manner provided in this ord1r1ance, plqable from tbe RevenueB der1ved from the Stadium Recreational Pac1l1ties or said Pranch1se Taxes, nor voluntarily create or- oause to be created ~ d.ebtl lien, pledgel assignment, encumbrance or anY other oharge. hav1ns priority to or being on a parlty wlth the l1en ot the Certlt1cates 18sued pureuant .to this Ord1nance and the intereet thereon. upon any ot the Revenues or aa14 8tad1um'.'Beoreat10nal l'acilities or Pranoh1le '1'axes pledged a. security there- tor 1n th1a Ord1nance. An7 other ob11sat:1ona 1allued. by the 01 ty. in add1 tion to the Cen1tloatee autl:Lorlze4 b;y th18 Ord1I1ance and par1 paesu additional Cert1f1oates autbor1secl by this Ord1Dance. ehall contaJ.n an expresa statement that such obl18ationa aN Junior and aubordlDate in all reepects to the Ceratlt1cat;es 1.sued purauant to thi. OI'dlDanoe.. to l1en and lauree and ..cur1t)' tor> pQMnt tram the Revenues of sa1d 81;&d.1\D'Reoreat1onal 1'&o1l:1t1el and. PNnoh1.e -ra.xea. i:. ):,. '~ ~r .'. '.:~:'~::I~,::~.: :",~:> , ;;~ .~ ".....~;d_, "~. "_ _.j j'. '. d' " "- ..... r~= .. :/, , 1'\ I 1.' !: " I " t ~ ,. I ): /i', '..:..:I~ ~t' ; " :!j '~ . ," :~ ,~ .~ ."~ .. f'{~.(!.~~~Mr.~~~~'~r~'J~""~:!,;"~~,~~~~~~~'~J~,.:~W~.f?,.;~::-:~~~~;~:"::~t~~;:'it~>!~~~,w::-::~~"'p~'f!I.~~:~~; ~f~::~fY~~t.~~~~:,: ~ ~~fi;-'~;til.~i;;; .._ .-:oI'i""......_,_,. , . ".... " ..... .. . . .. ':,] 1 .: t . . I ~ i .. .-.....,...#" -10- O. INSURANCB. 'lhat the City will carry~ or cause to be carrled tor ita benetlt~ such inaurance~ and in such amounta~ as 1s ordinarily carrled by prlvate corporations owning and operating similar improvements and tacilities w1th . reputable insurance carriers against loss or damage to the Stadium Recreational Facilities, and sa14 property loss or damage 1n8urance shall at all ttmes be in an amount or amounts equal to the tair appraisal value ot the buildings. propertie., tac1lities, improvements, turniture, tixtures and equipment ot sa1d Stadium Recreational Facil1ties. In time ot war, the City shall a180 carry 1n said amount s~h insurance as may be available against loss or damage by the risks and hazards o~war. H. BOOKS, RECORDS AND INSPECTION. That the City will keep books and recorde ot sa1d Stadium Recreational Pacilit1ea which shall be separate and apart traa all other books, records and accounts ot the City, in which complete and correct entries shall be made in accordance with standard principles ot accounting ot all tranaactions relating to said Stadium Recreational Paci11ties, and any holder ot a Certit10ate or Certiticates 1ssued pursuant to this Ordinance shall have the r1ght at all reason- able times to lnspect said Stadium Recreational 'acilltles, and all parts thereot, and all records, accounts and data ot the Clty relating thereto. The City shall~ on July 1st of each year, cause the books~ records and accounts ot sai4 Stadium Recreatlonal Pac1lities to be properly audited by an 1ndependent certified pUblic accountant ot ~ecogn1zed standing and ahall~ upon request, make available wi thin 90 days after the end ot each such year, the report or said accountant at all reasonable times to any holder or holders ot Certitioates 1ssued pursuant to this OrcUnanc0. Promptly atter the receipt ot such aud1 t report a copy thereat shall be mailed by the City to any Certificate holder who ahall have tiled his address with the City and requested in writing that copies or such repol-ts be furnished him. 1. CONSTRUCTION AND MAINTENANCE OF STADIUM RECREATIONAL FACILITIES. 1hat the City will complete the construction~ ~provement and equipment ot the Stadium Recreational Facilities provided for in this Ordinance with all practicable dispatCh, and will maintain said facilities in good condition and continuously operate the same in an efficient manner and ~t a reasonable cost. J. SERVICES RENDERED TO THE CITY. 'lha t the City will not render or cause to be rendered any tree services or facilities of any nature b~ said Stadium Recreational Facilitles~ nor allow any use or occupation thereot w1thout reasonable charge there- tore, nor will any preferential rates be establlshed for users ot the same class; and in the event the City, or any department, agency, instrumenta11ty, oft1cer or employee thereof, shall avail ltself or themselves of and use such Stadium Recreatlonal Pacilities, or any part thereof, or occupy said Stadium Recreat10nal Facilities, or any part thereot, the same rates, rentals, fees or charges appl1cable to other parties using like tacilities under similar cirCUMstances shall be charged the City and any such department, agency~ instrumentallty, officer or employee and all such rates~ rentals, tees or charges shall be reasonable. '!he City shall r&Qp-'ire any lessee or licensee to observe and enforce the prov1sions 01' this sub8eotio~. Such charges shall be paid as they accrue~ and the City shall transfer 1'rom its general funds sufficient sums to pay such charges. The income so received shall be deemed to be Revenues derived trom the operation 01' the Stadium Recreational Facilities, and shall be deposlted and accounted tor in the same manner as other Revenues derived fram the operation ot the Stadium Recreational Facilities. . K. OPERATING BUDGET. '!bat the City shall annually, at the same time and in the same manner that it prepares its annual mum.cipal budget, prepare and adopt by resolution of its governing body a detailed budget of the estimated expenditures tor operation and maintenance ot the Stadium Recreational Facilities during such succeeding tiscal year. No expendltures tor the operation and maintenance ot such Stadium Recreational Facilities shall be made in any Fiscal year in excess ot the amounts provided theretor in such budget without a written tlnding and recommenda- t10n by the general manager ot such Stadium Recreatlonal Pacilities or other duly authorized otticer in charge thereot, which tinding and recommendation shall state in detail the purpose 01: and necessity for such increased expenditure tor the operation and maintenance ot such Stadium Recreational Fac1lities~ ~d no such increased expenditures shall be made until the governing body 01' sa1d City shall have approved such finding and recommendation by a resolution duly adopted. No increased expend! tures in excess or ten per centum 01: the amounts provided tor in such budget shall be made w1thout the further certificate of an independent recognized oonsulting engineer that such increased expenditures are necessary tor the continued operation and maintenance ot said Stadium Recreational Facilitiea. The City shall mail copies ot such annual budget and all resolutions authorizing incroased expenditures tor operation and maintenance to any holder or holders ot Certiticates who shall tile his address with the City and request in writing that copies ot all such budgets and resolutions be furnished him or them, and shall make available such budgets and all resolutions authorizing 1ncreased expendit~e8 tor operation and maintenance at all reasonable times to any holder or holders ot Certificates issued pursuant to this Ordinance, or anyone acting tor and 1n behalf ot such Cert1tlcate holder or Certiticate holders. L. ISSUANCE OP ADDITIONAL OBLIGATIONS.. That no additlonal obligations, as in th1s 8ubsect10n det1ned~ payable pari passu out ot the Revenue Fund or Franchise TaxeD ahall be created or 1ssued atter the issuance ot any CertificateD pursuant to this Ordinance, except under the cond! tions and in the manner herein prov1ded. . Ho such a4d.1 tiona~ ~~1 passu obl1gations shall be 1ssued or c~ ted unless the "t'Revenues ot such SU41um Recreat10nal Facilities during the preceding twelve conaeout1ve months, together w1th the Pranch1a. Taxes collected during t\uch pre- oed1n,s twelve COll88cut1ve IILOnth period, ahall equal a~ least one and '-'De-balt tiMe the b1gbe8t aggregate pr1nc1pal and interest requirements tor any 8UCaa'3d.1ng tw~lve , ,n ~', . ~_\:. ,>' / '.~ ; ': ' . .. , . " '. 'F.,,'. tf tfc{ .' , ~~~~~~~i'i", ;.'; '.';,. ,~.~ ~:. .....~:\< ",: : : (, ...... . ," . ., ~.' , ~ I [ , I. l I I " " . I I ; . .; Ii \ ! , t . f " ""'M' '.. :/ ~''':.'~~~;;:'" ':(;1'ri;j~~~~\" '.,', '.' '~J'* 1""",'""'" 1~lir~;l , . . ;1:;' r,~" ,. ,{" " l::~l~ i .~:: " .." i\ .,' ,? ;; '::,' ..',~~,. .i-. t , " .' , ...~, '" . ;\:<:'1 :; _'.1 ~; '.J ,) ':, ,~~ J ... ; ,. " " " . f ,:. > ',' .:{ '{ . . ~:~ ;\; , '.\:1 1.; ".: '. 1 .~~ ..~ r:; .:. :', .\ ,. ; i, J :f ., ~. ; '.; ~i .~ !J ,\ f~ '. ,". . " ~ oJ ".;.' '. .~ ". "rl . .t. '. "'I if 5'"0 -11- consecut1ve month period on all Certif1cates theretotore 1ssued and still outstanding under this Ordinance including additional parl pasBu ob11gat1ons theretofore lssued pursuant to this Ord1nance and stil.l outstandlng, and on all sucb additional obligations to be issued. 'lhe term "add.! tional pari passu obligations" as used in this sub-see t10n L ahall be deemed to mean additional obligations evidenced by Certificates issued under the provisions and within the limitations of this Ordinance payable from tbe Revenue Fund and other spec1al tunds prov1ded hereln pari passu w1th Certificates or1ginally authorized and issued pursuant to this ordinance. Such Cert1ficates ahall be deemed to have been issued pursuant to this ordinance the same as the Certifioates orig1nally authorized and issued pursuant to this Ord1nance. and allot the covenants and other provis10ns ot this Ordinance (except as to details or such Cert1~ioates evidencing such additional obligations incons1stent therewithL shall be tor the equal benefit, proteotion and seourity or the holders or any Certif10ates .~ig1nally author1zed and 1ssued pursuant to this Ordinanoe and the bolders ot any Certificates evideno1ng addit10nal pari passu obl1gations subsequently created wlt~ the limita- t10ns ot and 1n compliance w1th thJ.s sub-section L. All of such Certificates, regardless ot the time or times ot their issuance, shall rank equally td th respec t to the1r 11en on the Revenues and Franchise Taxes and their sources and security for payment trom sa1d Revenues and Franohise Taxes w1thout pre:terence of any Certificate, or coupon, over any other. All additional pari passu Certificates issued pursuant to this subsection L shall be dated Apr1l 1 or October 1, shall mature on April 1 of each year ot maturity, and the semi-annual 1nterest on any of said addit10nal parl passu Cert1ficates shall be payable on April 1 and October 1 ot each year. '!be term "addit1onal pari pas8u obligat1ons" as used in this subsection L shall not be deemed to 1nclude bonds, notes, certifioates or other obligations subsequently issued, the lien of which on the Revenues and Franchise Taxes 18 subject to the prior and super10r lien on such Revenues and Franchise Taxes or Certificates issued pursuant to th1s Ordinanoe" and the City shall not issue any obl:1gat1ons whatsoever payable from the Revenues or Franchise Taxes which rank equally as to l1en and source and security tor payment fram such Reyenues or Franchise ~es with Cert~ricates lssued pursuant to this Ordinance exoept in the manner and under the condi tions provided 1n this sub-sect1on L. No addit10nal obllga~ions, as in this subsect10n defined, shall be created at any t1me" however, unless allot the payments into the respective f"unds provided tor in this Ordinance on Certificates then outstanding.. and all other reserve or sinking funds, or other payments prOVided for in this Ordinance shall have been made in full, and the City ahall have fully complied with all the covenants" agreements and terms ot this Ord1nance. M. REMEDIES. Any holder ot Cert1ficates or or any coupons pertaining thereto, issued under the prOVisions of this Ord1nance, or any Trustee acting for such Certitioate-holders in the manner hereinafter provided, may, either at law or in equity # by su1.t, action" mandamus or other proceeding in any court of competent Jur1sdiotion, proteot and enforoe any and all rights under the laws or the State of Florida, or granted and contained in this Ordinance.. and may enforce and compel the performance ot all duties required by this ord1nance or..by any applicable statutes to be performed by the C1 ty or by any officer thereot" 1nolucUng the fixing, charging and collecting ot rates, rentals" fees, and charges tor said StadiUlll Reoreational facilities, subject to the provisions of' any valid leases or licenses of said Stadium Recreational Facilities or any p~t thereot. In the event that default shall be made in the payment of the Lnterest on or the principal ot any of the CertJ.t1cates 1ssued pursuant to this Orci1nance as the same shall be come due, or 1n the making ot the payments .into any reserve or sinking tund 01' any other payments required to be made by this Ord1nance~ or in the event. that the City or any of'ticer, agent or emplo:ree thereof 8ha~1 fa1.l or refuse to comply with the provisions of this Ordinance, OI- shall default in any covenant made herein, and ~ the further event that a~ suoh default shall continue for a period ot thirty (30) days. any holder of such Cert1ficates~ or any Trustee appointed to represent Certificate holders as hereinafter provided" shall be entit~ed as of r1ght to the appointment ot a receiver o~ such Stadium Recreational Facil1.t1es 1n an appropr1ate judicial proceeding in a court of competent Jurisdiction, whether or not such holder or Trustee is also seek.1ng or shall have sought to enforce any other right or exeroise any other remedy in connection with Cert1ficates issued pursuant to this Ordinance. The receiver so appointed shall torthw1.th, directly or by his agents and attorneys. enter into and upon and. take possess1on of 8uch Stadium Reoreational Pacil1.ties and each and every part thereot J subject, however, to the rights of any lessees or licensees" and in the name of the City shall exercise all the r1ghts and powers of' the City with respect to sucb Stadium Recreational Facilities as the City itself might do. Such receiver shall collect and receive all Revenues.. ma.1nta1n and operate such Stadium Recreat10nal Pac11itles in the manner provided in this Ordinance, and oomply under the Jurisdiction of' the court appoint1ng such receiver, w1th all of' the provisions or this Ordinance. Whenever all that 1a due upon Certificates issued pursuant to this Ord1nance, and interest thereon. and under any covenants of this Ordinance tora reserve6 a1nk1ng or other funds. and upon any other obligations and interest thereon, having a charge" lien O~ encUlllbrance upon the Revenues or Franchise 'raxee shall hav~ been paid and ucle 8004, and all defaults under the prov1s1ons of' th1s O1"d1nanoe ahall have been cUl'fId and made good, polSseBsion ot such Stadium Recreational PacU~tie8 ahall be l\U'.Nndered to the C~ty upon the entry ot an order ot the court to th:l.t eff'ect. 1JpoD apy subsequent detaul t, any bolder of Certificates issued purBuant to this i,:' (,or, r \: F ;..1. to 1 ,. r, I f ..... . .-----.-".."",...-...- . ,~. . , . . . . . '.. . .. "'," ..... ..-..," . . " ;"u:'\.fJ;.~::,;:=~!::~'::~~,~:2:",., -12- Ordinance or any Trustee apPo1nted tor certi~1pate holders as here1natter prov1ded, eha.ll. have the same rj,ght to seCl.U'e tl1e turther appointment of a recelvel" apon &Jq sueh subsequent default. Such rece1ver shall 111 the pertormance or the powers here1nabove oontenec1 upon h1D1 be under the direction and Buperv1.s1on of the oourt mald..ns such appointment, &ball at all times be subject to the orders and decrees ot sucb c~t ~ ~ be reJDOved thereby and a. sucoessor receiver appo1.nted in the c11.scretion ot 8uch oow-t. NotM.ns herein contained shall Ilm1t or restrict the JurisdJ.ct1on or such oourt to ellter lIuch other and further orders and decrees a8 Buch court aaay de_ I18C8.8&17 or appropriate ror the e~rci88 by the recelver ot any funct10n apcc1tlcally set tartb here1.n. Any receiver appointed as prov1ded herein ahall hold and operate suoh Sta41um Rec~atlonal Paci11t1es ~n the name or tne 0ity and tor the Joint proteotion and beBG~1t or the City and holders ot Certificateo i8sued pursuant to this ordinanoe. Such rece1.ver shall bave no power to sell, a..aign, mortgage 01' otherw1.. cl1spo.. or aJ11' aB8ets or ~ ldnd or oharacter belong1ng or pertaining to such sta.ci1um Ree~atlonal F.ac11it1ea but the autnor1ty or such receiver ahall be l1m1ted to the poaeeBslon, operation and matntenance of such fac111t1es, 8ubJect to the r1ght. ot any lessees or 1.1oen8ees... tor the sole purpose of the protection ot both the C1ty a.J1d Certif'ioate holders, and tl1e curing and maJd.ng good. or ~ deta\1lt under the prov1.sions of 'th1s Ch'<i1nance, a.nd tne title to and ownership ot 8uch Sta41\D11. Recreational Facilit1es shall remain 1n the C~ty, and no court ahall have any J-ur1ed1ot:1on to enter any order or decree permitt1ng or requirlng such receiver to sell, mortgage or otherwise 41spose of any part ot such tac:1l1t1es. The holder or holders of Certif1cate8 in an aggregate pr1ncipal amount or not les8 than twenty-five per centum of Certificates issued under this Ordinance then outstanding may by a duly exeouted cert1f"icate 1n wr1ting appo1.nt a tr\l8tee tor holders ot Cert:1t1cates issued pursuant to this Ord1nance with. authority- to represent such Certifioate holders Ln any legal proceeding for the enforcement &1'ld protection of the r1ghts of Buch Certificate holders. Such certificate shall be exeouted by such Certificate holders or their duly author1zed attorneys or representa- tives and shall be riled in the offloe of tne Oity Auditor and Clerk. ll. ENFORCEMEm' OF COLLECTIONS. '1ha t the City will d~l1gently enforce and co1lect all fees, rentals,. rates or other charges ~or said Stadium Recreational Fae111t:1.es, and take all steps, actLons and proceedings tor the enforcement and collect1on of such fees; rentals~ rates or other charges which ~ll become delinquent to tne full extent permitted or author1zed by the Charter ot said Cit~ and b~ the laws of the State or Florida. ART~CLE IV MISCELLANEOUS PR0n8IONS. 14. MODIPI:CA'l'ION OR~. No material modif1cation or amenclment of t1118 Ordinance or of any Ordinance or resolat:1on amendatory hereof" or supplemental hereto, DS~ be made I'll thout the consent in writing of the holders of two-th1rd.s or more b pr1nclpal amount ot the Cert1f~oates tnen outstanding; provided, bowever, that no ~f1cation 01' amendment aha11 pe~t a change in the maturlty of saan Certif1cates 01' a reduction in the rate of :1nterest thereon, or in the amount of the principal obl1gatioll or ~fec t1.ng the \.UlconcU tional promise of the 01 ty to maintain rates and ~ntals tor tne stad1um Recreational Pac:1lit1es, and the levy and collect1on or Franchise Taxes, as herein provided.. or to pay the princ1pal of and lIlterest on the Cert~r1cates as the same shall bec~ due fram the Revenues and Pranch~se ~s, without the consent or the holder of such Certificates. 15. SEVERABILITY OF INVALID PROVISION. If a.ny one or more or the covenants, agreements or prov1a:1.ons or th:1s Ordinance shQuld be held contrary to any express provis1on ot law or contrary to the policy ot express law, though not expressly proldb11;ec1.11 or against pUblic policy, or shall tor any reason wnatsoever be held l.nvaJ.id... th.en such covenants6 agreements or provisions shall be null and vo1.d and shall be deeme4 separable trom the rema1l.11llgcovenants.agreementsorprovision8.l1 and in no wa~ af'tect the valld:1ty of all the other provisions of this Or<U.nance or o~ the Cert1fica tea or COUPOlUJ issued thereunder. 16. REPUNDIN(J OF CER'l'IFICA'l'ES. It the City shall at any time nereartel- ~ssue Cert~ticates, by sale or exchange, to fund or retund any of the Cert1ficates l.ssuec1 pursuant to this Ord.1nance" 1;ne ordinance or other proceedj,nss author1z1ng t;he issuance or such tundj,n,g or retuncU.ng Oert1.f1cates may provide that the holders 01' such tund1ng or retundj,n,g Cert~t:1cate8 shall have the same lien and all the r1811ta an4 remedies 01' the Cert1fioates so ~ded or refunded; provided, however... that such fund1ng or re.fund1ng Cert1f"icates shall be 1n l1ke principal amount and shall bear the same dates of matur1ty as the Certlficates funded or refunded by- the issuance thereof. 17 . :ISSUANOE AND SALE or CERTIFICA-mB. 'Blat said $400.11 000 Reoreation Revenue Certificates authorized to be :1S8ued by th1s ordinance 8hall be issued and sold in Buell amounts and 1n sucn manner and a.t such price or prices oonsistent with the px-ov1siona of this ord1nance.ll as the 01. ty Oomm1.ssion shall hereafter determine by resolut1on. 18. ~t Charles JIJ. P'h1.1J.ips, Jr., C11;y Attorney... be and be 1. hereby autt:aor1ze4 and d1.rectec1 to 1nstl tute appropr1ate proceed1ngs in the Clrcu1 t Cour't or the Slx'th Jud101a1 C1.rcu1t of Florida., 11'1 and for Pinella8 County, Plor1da, 1'01- ~ v.lic1a~10D or sa.14 Cert1r1cates.ll and t;he proper ot1'1cers of the 01'ty are hereby a\ltlloJ:'lzM to vent7 em beba1f ot the 01 ty ~ pleadings 111 such procvec11nse. \- I . . , i .'" I. ... ," ',y,' ";-""1:i.r~.\.f~~~'.~~~~~~~,~~~~u~~;~~~~rt~f~~~t~~~f;l~'~H$JZ~l~~';~;~tV;~ ~~~!.i1~~F:".r1:~':;-l~ :; ....-,.~-~ ,... " ,.' .. .:." ." , .'~ . April 12, 1954 Apr11 19, 1954 ~ ' ',' . ,., , ~~!k7~~Y~~~!~!i~t:,.,t~~,,~<:;<.j\,;'};:'" " . " ,J';l\ . ,", ,,, , ",.':'j. \">.l: " .Q,.~,,~. . ~'J!:'. '1'. . ~.i:;1;.~t~ -l~' .' .' ..;;"i'il~t~lltli 19. !bat it 18 neoe81W7 ~or the 1aHd1ate preaervat10n of 'the pUb1Io;,~.;~'~,>{\A::~i{;~W prtOilpe~1ty.. bealth, and aaf'et;v of the C1ty o~ Clearwater aDd 1ta o1t1&eu aDd~r"."":"':\'i:<:j:'A:.t~':;:t: 1nbab1tants tbat the conatruot1on, 1IIlpl'Ovement an4 eqW.s-Dt ~ aa1d lta41ua ,.,'.: :'<.;:;.i~i:';:~~;,:""n RecNational J'a.ol11t1.... &e authorized beNin, be undertaken and o(8pleted with. ....;;.;./!>;:i;":;i~):;~. the least pO.11ble delay, and th1s Ol"d1nance 1s Mreby deolued to be an ~" ,~ . /:;:,>::->~' :~: Ma8\11'8 and ahall take ettect upon 1ts passage ae prov1d84 by laW..:':;:!~{}~ti~);.;.;;i::\ .: .. ~'; ~J:~':~~;~.~~!/r:'~r.~~t~l 20. ':bat all orcUnance. and resolutions ot the C1ty C~.elO1l of tbo City"' .;'i'J\;~(;'i}~>:.:~h~ 'or Clearwater, or parte thereof.. in cont11ot w1th the proV181ou ot tIU. OrcI1DaDOe . :;';:;'\;~:::>\:;\ft}' are to the extent or .\lOh cODr11ct thereby superseded and repealed. ':;:";';\J,:;.::~:.i, t ;," ' ';;;':;~."~"~:;';;"'.\':~/. PASSBD ON l'IRBT JUW)DlJ PASUD (II SECOND READIIt3 P ASSBD ON '1'BIRD AND PINAL ftBADIHO AND ADOP'.l'BD April 19, 1954 /e/ Herbe" M. Brown Jlayor-0ClllD1s.1oner Attest: /e/ B. (J. W1ngo CJ.ty Auditor and Clerk (CIft SE.4L) " . '. ':., I CITY COMMISSTON MEETTNG April 19, 1954 The Ci�y C�mmission of �he City af Clearwa�er met �,n regular session at C3.ty Ha11, Monday, April 19, i954, at 1:30 P.M, with the following members presei�.� : Herbert M. Brown John W. Ba.tes 3'ack Russell W. E. Strang Guy L. Kennedy Also prpsent were: F. C. Middleton Chas. M. Phillips, G. T. McClamma S. Lickton Mayor-Commissioner C orr�m3.s o ioner Commissioner Commiss3oner Co�:�liissic�ner City Manage� Jr. City Attorney Chief of Police City Engineer The Mayor called the meeting to order. The invocation T.vas given by Reverend J. S. Dauerty. The Mayor asked if �here were any� corrections to the minutes of April 5th and April 12th. Goanmissioner 5trang requested that the minutes of April 5th on Page �13q Paragraph 7, be corrected to show the Com.mission was approving the granting of a iive year lease �o Mr. Adolph Piund, Jr. Commissioner 5tra�g moved that the minutes of the regular meetin� �f April 5th and the special meeting of April 12th be appx�oved as amended in accordance with the copies 1'urnish�d ea.ch mernber in vrriting. Motian was seconded b;� Commissioner Ru.ssell and carried unanimously, fiha City Manager reported that six blds had been received for the construction of the paving on Missouri AVenue between Court and Cleveland Street. The bids were opened and read as follows: W. H. A�mston Co,, Dunedin �y11,762.Oa Orville Harris Paving Co., St. Petersburg 12,249,00 Davis & Schultz, Dunedin 12,997.00 Blackburn Paving Co., Clearwater 11,�99.92 E. H. Holcomb, Jr „ Clearwater 14,441.00 Campbell Pav. Co., Clearwaf,er 16,786,00 The City Manager recommended tha� the contrac� be awarded ta the iow bidder subject to the t�id being checked with the specifica�ions �y the City Enoineer and himsel�'. Commissioner Ba.tes moved that the pav7ng and curbin� on Missouri AVenue be awarded to the low bidder the Blackburn Asphalt Paving Company of Clearivater at a price o.f $11,�99•92 subject to a check b� the City �ngineer and appraval of the City Manager. Motion was seconded by Commissioner Kennedy and car;^ied unanimously. The City Manager s•egorted that five bids had been received for two t:ew police cruisers, the first t�rith a'51 Plymouth trade-in, the second with a'52 Chevrolet trade-in, and a new z ton pickup truck for the Bu3lding Department with no trade-in. The bids were opened and read as follows; Ken-Str. Lokey Orange St, Tha�er Dimmitt 1. A].t , �1 2 . Ford $1,0 2,77 oias� 1,621.10 Interntl plymoutt�� $g4.00 $794.00 Dodge) I,144.00 Chev) �99.00 399.00 Alt. �-'`2 'I`ruck 7 2.77 �1,125•00 i,521.xo 1,231.35 1,044.00 1,il4.00 1,1.23 . g8 The City Manager recommended trat the bids be referred to him for tabulation and repori; at the next meeting. Commissioner Strang moved that the City M�,nager's recommendation be accepted. Motion was seconded by Commissioner Kennedy and carried unanimously. Regarding the tabula�ion of �he bids ior the Negro Swimming Pool and Bathhouse, the City Manager reported that although Lhe low bid for constructing the paol was from W. H. Armston Company and the low bid on the batnhouse was from R, M. Thompson Company, there would be less than $2,00�.00 difference in accepting the total combined bid of R. M. `I.'hompson Company of �49,200,00 and he recommended accepting that bid in order to have one contractor responsible for the entire job. Commissioner Russell moved that R. M. Thompson Company be given the bid for the swimming pool and bathhouse, a turn key job f'or �49,200,00. Motion was seconded py Commissioner Strang and carried unanimously. The Citv Manager requested that Item 4B, Awarding of bids for Fainting of Drawbridge, be deferred. �s'he City Atitorney read a letter irom Mr. Harold Briley stating that the bic�s on the materials and equipment to be used in connecting the City's water distribution system w3th the County�s interim system had been tabulated and he would recommend accepting the follocving bids: U, 5. Pipe & Foundry Co., Birmin�ham, Ala, Cast Iron Pipe, Fittings and Sper,ials, Flanged Pipe Fittings and Speciais Items 1A, 2A and 7 Total �25,177.00 -2- CTTY COMMTSSION MEETING April 19, a�5� M. $c H. Valve & Fitting Co., Anniston, Ala. Gate va7.ves, Check Valves, Valve Boxes and Fire Hydrants Items 3, 4, 5, 6, 8;�nd 9 Fa:irbanks-Morse & Co., Atlanta, Ga. Booster Pump Ec Electr3.cal Equipment Item 10 Lauran�e & Rutledge, Largo, Fla. Installation of materials and equipment under Alternate �1. Combined TotaZ Tota1 3,255•55 Tota1 2,1g2.72 i2,673.00 $43,298.27 7 �n The City Managex stated that he joined Mr. Briley in making the recommendation� on the bids and said he zlso recommended continuing the use of cast iron pipe in the Clearwater system. Commissioner Kennedy moved that the recommendation of the Consulting Engineer and the City Manager be accepted, the conbract awarded for this water System improvement step in accordance with the let�er of Briley, Wild & Associates, Engineers, for a total sum of �43,298.27. Motion was seconded by Commissioner Strang and carried unanimoasl�. The City Manager recommended the installation of pipe and fittings to com- plete a six inch wa�er main on Bay Esplanade at Royal Way and another to run from the corner of Clearwater Stree� up to directly in front nf the Yacht Club to tie xn with the line from the water tank at an estimated cost of $1,085.00. He stated �hat he was recommending this in order to inc�ease the water pressure on ihe Beaeh and sa�!d it would be part of the future development of the water system, Commissioner Bates moved the C�.ty Manager's recommendation be accepted and the authorization of $1,Q85.00 be approved for making these two connecticrns. Motion was seconded by Commiss3oner Russell and carried unanimously. The Mayor announced the Public Hearing on the construction of a sanitary Sewer on South Gulf View Boulevard 95 feet south of First Avenue to the inter- section of Hamden Drive; on Coronado Drive 243 feet south of Third Street to intersection of Hamden Drive; or Hamden Drive 150 feet south of First Street south to intersection of Gulf Vi�?�r Boulevard; and a pumping s'tation at Hamden an�. Devcn Drile. The City Manager stated that there had been a request fbr sanitary sewex� from tWelve property owners on Coronado Street, and that since then, there had been a request irom other property owners on Ha.mden Drive and Gulf. View 73oulevard. He reported that two preliminary hearings had been held and the reaction fram those praperty owners who vrere present was favorable. The �ity Engineer estimated the cost of the pumping station between $12,000.00 and �13,Ua0.00, the total cost of the project at $55,000.00, and the cost per front foot between $5.70 �.nd $6.50. NIr. E. B. Casler, Jr., pr•otested on behalf of his client, Mr. A, N. Notopoulos, and read a letter objecting to the cost of �he pumping station being included. He suggested that only part of the cost of the pumping station be assessed. It was his idea that the pumping station would have surplus capacity not needed for this projEct. The City Engineer pointed out that the pumping station was designed for this particular project and that in the event new areas came in la.ter, atlditional pumping stations would be needed, Mr, Robe.�t Srr:ith, owner of part of Lot 3, Columbia Subdivision, objected to a.ny assessment against his p�e�erty as he has a sewer connection runnin� across his other property which ties in with the existing sewer on Coronado Drive. Mr. �T. A. Novotney ente�ed objeetion on behalf of Mr. Jerry Dolezal, Mr. Th�mas Hamilton objected on behalf oP Mrs. Burn3ce Hamilton stating that the es�imate by the Ci�;y Enoineer of $5.70 to �6.50 per fr�nt foot did not compare with similar projects and that the project was ineguitable. Mr. H, H. Baskin stated that the narrow lots designated on the plat of Columbia #3 as lA, 2A, 3A and �FA could not be built upon and could only be used for private docking purposes, and for that reas�n these ].ots sh�u]_d not be assessed with the cost of any sewer. The Engineer stated these lots were not included in the preliminary estimate fcr that reason. During the discussion, the Mayor pointed out the fact that the C�ty is the owner of a large strip of public beach property on the west side of Gulf Vievr Bouievard which property had nat been included in the assessment cal- culation. Commissioner Bates suggested that the City assume its portion of �he assessment for the lots along Gul� View Boulevard and that the narrow "A" lots on the east side of Hamden Drive not be included in the proposed assessment and that the project be approved on that basis, Having heard this Public Hearing and having heard no valid objection and recognizing that in a number o� cases that it is going to be a financial burden �n a number oi these people but still in virtue of the over-all public good, Commissioner Bates moved that the City install the sanitary wewer ior the South Clearwater Beach and that in order to reduce the burderi to the minimurr, practical thai: tl-ie City assume its portion of the cost for the City propert�r where this l.ine wiY1 pass. Motion was seconded by Cor�imissioner Russell and. carried unanimously. The Mayar announeed the Public Hearing on the re quest of Mx. H. H. Baskin to have the SE,�-, of the SWu of the NEu less the west 265 feet of Section 14, Z'ownship 29 S, Range 15 E, changed �to Busirrsss zoning. The City Attorney read �the request from �. H. H, Baskin which explained that this property on the northwest corner of Duncan Avenue and Gulf-to-Bay Boulevard was to be purchased by 1�. Howard �ring, that the south 2$0 feet of this property is in bhe Business zone, the remainder being in the R-4 zone. He poinzed out that the R-4 zone crosses through a large building of warehouse type which is bein� used for business and requested tY�at Business zoning be e�tended to include al1 of the described property, In his letter, Mr•. Baskin asked in event the appllcation Was denied that the Commission approve a continuin� use �f bhe pY�emises for �� -3-� CITY COMMISSION MEETING Apri'_ 19� �-95�+ bueiness purposes. The City Attorney read the recommendation of the Zon�ng Hoard wh�.ch was that �he request be deni,ed i'or the following reasons: l. No hardship had been shown. 2. It would lower property values in the area. Commissioner Strang moved that the Commiss�.on uphold the decision of the Zoning Board and deny the application in ac�o�dance w�.th their recommendation. Mo�ion uras seconded by C'ommissioner Russe7.1 and carried unanimously. Mr, H. Baskin addressed th2 Gommission asking th�m to act on the second part of his request, to go on record as recognizing the non•�.^,onforming usage_ of �he property. Mr. R, J, MeDermott, attorney, for the property owners in the affected area presented a petit3,on. of obj�ction bearing signatures of g5 perSons and stated that i� was his opinion that the previous use of the prop�rty haa. been conformin� to the R-�+ zoning rather than non-conforming. Commissioner Strang moved that �he Commission send proposition �2 �f this request of Mr, H. H. Baskin on the use of this property prior to the �oning Ordinance back to the Zoning Board for complete study and informa.tion so that we can determine whether or not this is a non-conforming use and that this portion of �he Public Hearing be adjo.trned to b7a;y 17th, Mo�ion was seconded by Commissioner Russell and oarried unanimously. Commissioner Kennedy suggested in referririg this tG the Zoning Aoard that $hey be xequested when they return the subject to the Commission to certify as to the historical u5e of' the buildings that are in the R-4 zon� and also the one building that is pa.rtially in the Business zone and partly in R-�-. He said we want to get the Zoning Board to clarify the former usage of those buildin�s and to determine the exact purpose for v�hich the buildings had been used in the past. Mr. MeDermott also fi].ed with the Cormn�ssion a petition from the property owners in Skycrest Subdivision bearing the signatures of 64 persons requesting that parking be prohibited on Rainbow and Duncan .AvPnue at or near the area around Howard's Auction House, The Mayor suggested that the matter be handled by the Chie�' of Police and that he should investigate and see what can be done to r�lieve the situation. A Public Fiearing was anncunced by the Mayor orz the request of Mr. James Andrews to have Lot 6, Elock A, Boulevard Pines Subdivision, presently zoned R-1, zoned as R-2. The City Attorney read the letter from Mr, Andrews wi�ich stated that he would like to sell ihe 1ot to be used to construct a duplex. The City Attorney also read the recommendation of the Zoning Board which was that the request be denied. Mr, M. B. Thayer, a resident of the area, addresseu the Commission saying that since this lot adjained Lot 5 which is in thP Business zone he was in favor of per��.itting the building of a duplex to act as a bufier between ttie business property and the R-1 property. Several of the other affected property owners were present to object to the granting of the request. The Mayor suggested that the Public I-Iearing be adjourned to allow time for Mr. Andrsws to show the proposed plans to the affected res�,den,is to see if an agree- ment could be reached. Comm�ssioner Strang moved that this Public Hearing on the request of James Andrews be adjourned to N3ay 1'jth. Notion was seconded by Commissioner Kennedy and carried unanimously. The Mayor also suggested having a report from the Crest Lake Assc,.;iation on the matter; The Mayor announced a Public Hearing on the request of NLr. �eorge B. Cassell for a five f�ot setback line from Mango Street for Lot 1, Block 10, Ma.ndalay. The City Attorney read a letter e�plaining the request from Mr. Cassell and also zhe Zoning Board�'s recommenflation wh3ch was that the request be granted. T2e Mayor asked if there *rrere any objections from anyone in the audience and there were none. Commissioner Russell moved that the r�quest of George B. Cassell for a five foot building setb�.ck line from Mango Street for Lot l, Block 10, Man�alay Subdivision, for an addition to an existing structure be approved. Motion was seconded by Commissioner Bates and caxried unanimously. A P�ablic Hearing was announced by the Mayor on the requesi of the Belmont Baptist Church for the �e-zoning i'rom R-2 to R-� of Lots 1.1, 12, 13, 14, Block F, Carolina Terrace, to permit the erecting of a church buil�ing. `i`he City Attorney read the request from Reverend Fred M. Vining, Pastor of the Belmont &zptist Church, and reported that there was a getition attached to the letter signed by forty of the property owners in the immediate area showing that they were in. favor �f grantin� th� request, The Mayor asked ii there were any objections from anyone in the audience and there were none. Commissioner Strang moved that ilie request of the Iielmont Baptist Chux�ch for the rezoning from R-2 to R-4 of Lots 11, 12, 13, 14, Block F, Carolina Terrace Subdivision, to permi� the erecting of a churek� be approved according to the Zoning Board's recommendation. Motion was seaonded by Commissi4ner Rus�ell and ca.rried unanimously. The Mayor announced consideration of the request of Mr. Sarafem Derveeh to construct a bulkhead at Lot 34, Brookside Subdivision. The Cizy Attorney read a letter from NIr. Derveck� explaining that it is planned to build a business building on Lot ;4 but the east twenty feet of the lot comprises a draina�e easement to.�he City of Cleaxwater. He requested permissian to construct a cancrete bulkhead over five fee� of this easemerit �o acc�mmodai�e the proposed. building. A report from the City Engineer was read indicating that a properly constructed bulkhead would not affect the functioning of the stream nor affect any properties in the vicinity. He recomme:nded that Mr. Dervech employ an engineer ta design the bulkhead and that it be installed url3er the supervision of the Engineering Departmeni. Commissioner Bates �noved that the x�equest of Mr. Dervech to const�uct a bulkhead on Lot 3�F, Brookside Subdivision, be granted on the condit3.on that he construct this bixlkhead in accordance with tha recom- mendai;ions and inspection of the Ci�y Engineer. Motion *,vas seconded by Cammissioner Russell and carried unanimously. -�- CITY COMMISS�ON MEETING " April 1.9, 195� The City A�torney read the request of Koch and Jones, Inc., ReaY Estate Brake�s, for permission to erect a commercial sign, 4 feet by 6 feet on Dru3d Raad between Willow Branch and Regent Streets, advertising Druid Aeres Subdivisian. Iie a].so read the Zoning Board's recommenda'tion which was �ha�t the request be denied as the Board does not favor commercial si�ns in R-1 areas on main arteries. Cornmissioi�,er Ba.tes moved that the request of Koch and JoiZes ta erect a commercial sign on Druid Road between Willow Branciz and Regent Stree� be denied in accordanoe vrith the recommenda.tion of the Zoning Board. Motion was seconded by Commissioner Strang azld carried unanimously. The City Atto�ney presented proposed Ordinance 648 concerning the examining and licensing of general contractors for consideration on its third reading. Mr. Ben kSrentzman, attorney, explained the Ordinance in detail and answered questions from the audience. Mr. Wm. H. Wolfe and others questioned Mr. Kren�zznan about what effect the Ordinance wou7.d have on buildings being ereoted by an individual owner buildir� on his own property and the effect the Ordinance would Y�ave on speculative builders. A number of object�.ons were heard from the iloor. The Mayor suggested that a11 the interested parties hold a meetin� with Mr. Krentzman and the General Contractors Association �� iron out their diffex°ences before t�e Ordinance comes up f�r the th�'rd reading. GommissionFr Kennedy moved that this Public Hear�:ng on the proposad Ordinance Ei�F8 be adjourned to be reconvened on the first regular meeting in June, June 7th, and the hearing to be re-o�ened before the passage �f this Ordinance is decided upon. Motion was seconded by Commissioner Russell and carried unanimously. Regarding the proposed filling of su'�merged land west of Edgewater Drive at the termination of Charles Street, the City Attorney reparted that Mr. M. F. Weidemeyer had applied for a modifi�d type of plan which is 3 partial fill and a boat basin and therefore he was asking the Cortunission for ins�ructions as to what action he shou�d take. Mr. M. D. Jones was present and addressed the Commission on behalf of Mr, Weidemeyer�s application. Mr. Ra1ph Hichards spcice on behalf of the residents of the Edgewater Drive section, a n.umber of whom were present and stated their continued opposition �o any filling in of•submergea land along Edgetaater Drive. The Mayor stated that it was the feeling of the Commission that they were unalterably opposed to any type of fill in that vicinity. By consent, tihs City Attorney was in5tructed to continue to o�pose any application for fill in that as�ea. The City Attorney read on its third reading Ordinance b53, amending Ordinance 60g, the Occupational License Ordinance, by amending the classification of Photographers and Cammercial Artists. �ommissioner Strang moved that Ordinance 653 amending the Occupational LicensE; Ordinanee, be passed and adopted on its third and final reading. Motion was se��onded by Commissi�ner Russell and carried unanimously. Mr. R. W. Spragins read a letter which he had addressed to the Commission in which he reported that Mr. John Mitchell of Caldwell, Marshall, Trimble and Nytchell, New York bond attorneys, �tated that they would approve the crianges in Ordinance 654, which authorizes construction of a baseball stadium and its iinancing. Mr. Spragins swnmarized the changes as follows: 1. Increasing the bond �:ssue from $350,000.00 to $�E00,�00.00. 2. A provision.for investment of the Sinking Funds in abligations of the U. S. Government of an unlimited maturity providing the securit�es are guaranteed as principal by the Government or other open market securities of the U. S. Governmen�t with a maximum maturity of five years. 3. That the franchise ta.�t be open for any additional financing desired by thc City regardless of the purpose for wY:ich the money is needed without stipulations. Upon belno questioned by Commissioner Bates, Mr. Spragins said it was his intention to prepare a prosp��tus on th.e certificate iasue and that h� would advertise for bids. fIe sta'�ed that he was assLired of a markst for the certificates and that he would like t� buy them himself with an interest rate of $3•75. Commissioner Strang moved that Ordinance 65�+ be considered on its secand reading by title only by unanimous consent. Moti�n was seconded by Commissioner Russell and carried unar,imously. TY�.e City At�orney read �rdinance 654 on its seaon.d readin� by title on1y. Commissioner Strang moved that Ordinance 654 be passed on its second reading by title only. Moiion was seconded by Commissioner Russell and carried unanimously. 2'he City At�Eorney read Ordinance 654 in full on i�s third reading. Commissioner Russell moved that Ordinance 654 be passed and adopted oxr lts third and final reac�ing. Motian was seconded by Commissioner Strang and carried unanimously. Tn response to an inquiry from a member of the przSs as tc whether or not Orcl�nance 654 would be published, the Nlayor informed him that aince the Ordinance was such a lengthy one and n,ot a matter of regula�ion it wauld be posted rather than publ�shed. The City T+Ianager presented a Resolution requirin� ten property owners to clean their lots of weeda and underbrush. Commissioner Strang moved the R�solut3on be adopted. Motion was seconded b;� Commissioner Russell and carried unanimously. -5- CTTY COMMISSZC3N MEETING April lg, 195� Mn. Harolci Bril.ey, Consulting Ergineer, reported that the County had signecl the thir�y yea» water contract with the Ci�y of Clearwater and that Mr. S. K. Ke11er, Superintendent of the Caunty Water Department, had been advised that the pipe and material needed to connect the County's Water sy:;tem h�ith the City system would be delivered some time this week. There being no further bus3�ness to come before the Board, the mesting was ad j ourned at 7:10 P.1'�I . At�test ; /�� - C ty Aud.i.tor an lerk �� Mayor-Commissio e ..� �� 4,,:. p�TY COMMISSION MEETING April 19, 195�+ April 16, 1954 Mayor-Commissioner Herbert M. Brown Commissioners: Jack Russeil, W. E. Strang, Jr. �Tonn W. Bates, Guy L. Kennedy Gentlemen: The City Gommission will meet in Regular Session at the City Hall Aud�torium on MondayY April 1g, 1g54, for the �urpose of discussing the items listed on the attachecl agenda. Meeting t3me will be at 7.:30 p.m. Very truly yours, fsf F. G. Middleton FCM:s City Manager Encicsure Agenda - City Commi�s3on Meeting of Apri' 19, 1954 City Ha11 Auditorium 1:30 p.m. 1. Invocation, Rev. J. S. Dauerty, ; 2, Approving the minutes of the Regular Meeting of April 5, 1954 and the + Special Meeting of April 12, 1954, 3. Openirg of bids for: � P., Misaoux�i Avenue Paving. t B. Two new Police Cruisers (Replacements) and 2 ton Pickup Truck, 4. Awarding of bids for: , A. Swimming Pool and Bath House. (Colored) B. Paintin� of Drawbridge. C. Nia.terials & equipment, including installation, i'or addition to Waier Distribution System. 5. �ublic Hearings and �oning Board Items. A. Sanitary Sewer for South Clearwater Beac:h. (Gulf View Blvd „(>oronado Drive and Hamden Drive). B. Request of Mr. H. H. Ba,skin, Sr., to have the SEu of the SWu of the NEu less the west 265 feat of Section 14, Townsh3.p 29 S, Range 1.5 E, changed to business zoning, The south 280 feet af the property is presently zoned for business, the rema,inder 'being R-4. This property is situated�at the northwest corner of Duncan Ave. and Gulf-to-Bay Boulev�.rd . C, Request of Mr. James AndretArs to have Lot 6, �lock A, Boulevard Pines Subdiv. zoned as R-2. The present zoning of this is R-1. D. Request of George B. Cassell for a five foot building setback line f�om Mang� St. for Lot 1, Block 10, Mandalay 8ubdiv., for an addi�ion to an existing �tructure. E. Request of the Belmont Bap�ist Church for the re-zoning �'rom R-2 to R-4 of Lots 11, 12, 13, l�k, Block F, Carolina Terrace Subdiv., �o to permit �he erecting of a church building. F. Request �f S. Dervich to cons'cruct a bulkhead at Lot 34, Brookside Subdivision. . G. Request of Koch & Jorzes, Inc, to erect a commercial sign on Druid Rd, between u7illow Branch and Re;ent St, in R-1 Zoning. 6. Commission's consideration of items from tre C3:ty AttornesT*s Office: A. Ordinance No. 64$, Contractor-�`s Ordinance, on third and final reading. B. Ordinance No. 653, Amending Occupational License Ordinance, on third and final reading. C. Ordinance No. 654, Ball Park Ordinance Qn second and third reading, D. Request for instructions regarding proposed application of M. F. W. WPidemeyer. 7. Lot Mowing Applications. Adjournment. Ap�il 15, 195�+ Iionorable Mayor and Members of the City Commission City of Clearwatex� Clearwater, Florida Gentlemen: Sn aCcordance with y�ur instructiona given at your April 5th Commission Meeting, we Y:ave checked and tabulated all bids accepted '�y you on mat�rials and equipmen.t for your Water Improvement Project and also the bida as accepted for installation of same. Gopiea r3� these tabulations are enclosed. GTe have also combined thesa bids f�r materials and installation and, in conjunction with your Gity Manager, have studied same and accordingly �ecommend. tha� award be made to the following bidders in arder that work may be started on this project at once. (Continued� CI�'Y COP�PRISSION MEETING April lg, 1g54 (Continued) Cast Iron Pipe, Fittings and Specials, Flanged Pipe Fit��.ngs and Spscials - Items lA, 2A and 7 to U. S. P�.pe and �oundry Co., Birmingham, Ala. in �he total amount of $25,177,00. Gate Valves, Check Valves, Val�e Boxes and Fire Hydrants -- Items 3, 4, 5; 6,$ and 9�o M& H Valve and F'itting Go.,. Anniston, Ala. in the to�al amount of $3,255•55• Booster Pump and Electrical Equipment - Item 10 to Fairbanks Morse and Cn., Atlanta, Ga. in the total amount of $2,1g2.72. Contract for Insta7.lation of Materials and Eq_uipment under Alternate No. 1 in the arnount of �12,673,00 to Laurence and Rutledge, Genexal Contractors, La�go, Flor�ida. The swnmation of the above �'igures gives a total project cost of �43,298.27, which is '$1,360.50 higher than the ].owest poss�ble combination of �lternate materials and constructian. HQtvever, this reeommendatian is m�.cie in viet�r of �he fact �hat the presen� dist�ibution s;rstEm consists of cast iron pi�e, all personnel a�e thoroughly trained in its use, and the increase in groject cost only amounts to approximately 2 1�20 of the total project cost. It is, therefore, proposed that the above recommenda�ioz�s Ye aceepted and that the T�la.yor, City Manager and City Clerk be authorized to execute the necessary contracts, that proper �rders to proceed be placed and construction begui7 at the earliest possible time in order tc he�.p alleviate the present critical situat3.on in respect to the water supply. Respectfully submitted, BRIT�EY, WILD AND ASSOCIATES CONSULTING FNGINEERS �IDB/J�' jsf Harold D. Briley Recorr,:. �dation concurred in and approved /s/ F, C. Middleton City Manager Mr. Harry Wingo City Clerk C�.earwater, Florida Dear Mr. Windo: April 12, 195� Mr. Anast No'�opoulos has received notices of hEaring of the City�s intention to authorize the construction oi certain saniiary sewers adjacsnt to properties he owns on Glearwater 3each. He wishes to file k�is objection to the eonstruction oi these sewers at tliis time, for the par�Eicular reason that the sgread oi �he assessment for construction o#' such a line will bp inequitable, since the cost of pumping station would be borne by so few property owners. It is our under- standing that the pumping station to be constructed would be adequate �o serve a more extended line at a later period. Therefore, unless the cost oi the pwnping sta�3,on is pro-rated as to its capacity againsi the short line to be constructed, Mr. Notopoulos will. reaist the ass�ssment, ebc%ft Very trul�r yours, CASLER & DOUGLAS By �s� Brannon Cas12r Max�ch ?.$, 1954 The Zoning Board, City af Clearwater, Clearwater, F].orida Gentlemen: W� have f iled with you a map oi" proper�ies to be purchased by �ioward Ewing, located on Gulf-to-Bay Boulevard and call your attention to the fact that the zoning o£ this �ropert;� is for business ior a distance of 280 feet north from Gulf-to-Bay and the balance of the said tract is zoned R-2. You will also notice that this R-2 Zone crosses through a large building, of warehol,ise type, which is now in use and has 'been in use for a long time pr�.or to the zoning �f these premises, as a part of the business conducted on this ].acation. [�e request that the Zoning Board recommend modification of the R-2 classificat3:on for all of �he groperty contained in th�: tract �,s surveyed and shown on �he map, {Cantinued) l�. "� ;�' � �,,, CITY COMM�SSION MEETING April. 19, 195� (Continued) Should thia not be done, we request an unlimited right of use of' the pr2mises fQr the gurpose of continuing the husine�s located �nereun, with,out limits as to R-2 classific�.tion. Respectfu�ly submit�ed, /s/ H. H. Haskin HHBsr/mj H. H, �ASKIN, SR. Apr,iJ: 2, 195tE To: F, C. Middleton, City Mariager From: 0, H. Anderson, Sec'y. Zoning Board Subject: Request of H. H. Baskin The Zon3.ng Board makes the foll.owing recommendation oi` the request of H. li. Baskin. A & W Glad Propert� Sect. 14-29-15, SE;, - SW; - NE� les� W- 265 Ft. Metes and Bounds That the request be denied for the following reasons: No. 1. No hardship has been shown. No. 2. Xt is the apinian of the Board tha� to grant the request wauld lower the property values in the surrounding area. No. 3. That the developers of �his proparty consented to the present zoning at the Public Hear3ng prior �a the referendum of Dec. 5, 1952. No. �+. That the City Commission approved the zonino at the request of the immediate property owners present at the ak�ove mentl.oned. public hearing. Attached here�rith is a copy of Mr, Baskin�'s request, to�eiher with a plot plan showing the location of tne present building on the above property. PETI`�ION T0: THE CITY MANAGER, TFiE C�TY GOMMISSION RND THOSE OTHERS TQ WHOM THIS MAY CONCEftAI, CITY OF CLEARWATER. FFtOM; TfL R�SIDENTS OF SKY'CREST SUBDNISI�N RE: MODIFICATION OF THE CLASSIFTCATION OR USE OF PRESENT CLASSIFTCATTON OF R-4 TO THAT OF A BUSINESS CLASSIF2CATION. SIiYCR.EST SUBDNISION. GOMES NQW, the undersigned Petitioners, a11. property owners of property located in Skycrest Subdivision, and respectfully submits this, their Petitian, and requests that the proposal submitted to madify the use or present existing zoning elassification to that of another c].assification be rejecte� cn the following named property: SEu of the SW,�-� of the NE,i-„ less the We�t 265 feet thereoi, of Sec. 14, Township 2g, Range 15 East, Also described as: PrapBrty located at the NorthWest corner o£ Dunean Aven,ue and Gulf to Bay Blvd. Clearwater, Florida., and for reasons therefor would show: (l) There is no showing oi hardship so as to justify such a change as required by 4rclinanee 627 Section 16 of the Code of the city of C].earwater. (2) That such a change would materially effect and decrease the property value� to adjacen� p�opertles. (3) Th�.t the developers of this property consented to the present zoning at a Public Hearin� prior to the reierendum of December 5, 1g52 and the Ci.ty Commiasion approved the zoning at the specific request of the propert�r owners present at '�he above mentioned public hearing. (#) The buildin�, Q�' a warehouse t;,rpe, cvYsich is crossed through by the R-4 zon3ng Tine in �hat area vras used, at the �ime of consent of developers, and at the time af approval of the zonir� by the City Commission under the c�.assifieation o�' that which falls un3er Section V�A, Sub�ection (6) of City Orciin.ance 627, er a CONFORNIING UBE. This conforming use ceased and the af�tem�t to be�in any use not specified under the F,-�4 classification would be a non- carifaxming u�e and violative af this seetion of our City �rdinance specii'i.cal7.y cancerning sa:me. (5) Zoni.ng re�ulations should not be modi�ied or released at the behe�t o£ private individuals c�r �roup pressure when in doing so cons�itutianal guarantees are undermined. (Continued) CI'i'i' COMMISSION MEETING April lg, 1g54 (Continued) (6) There is no poaitive showing of physical, economic, or social change to justify the release or modification of the zoning regulation. (7) To modify or release the existing classification wou7.d be aontrar� to the harmony, general purpose, anc intent of the zoning ordinance, (8) Where zon�ng restrictions are subject to change or removal when reason for them ceasas, where t;�ere is any re�sonable arg,unent on the question the le�islative intent mus� prevail. (9) The power to var;� the application of zaning regula�ione or to perm�.t special exceptions thereto is commonly expressly limited to 5uch varia�ions or except9_ons as are consistant or in harmony with, an� not subversive or in dero�ation of the spirit, intent, purpose or general plan of such regulations. S3.gned by ninety-Pive persons. To: F. C, M3,ddleton, Gity Manager �'rom: 0. Ii. Anderson, Sec'y. Zoning Board Subjeet: Request o� James AndreF�s Apri1. 2, 1954 The Zoning Board makes �he follo�ving recommendation to the request of James Andrews. Lot 6, Block A, Boulevard Pines Sub. That the request of James Andrews asking for a ch�:nge in Zoning of the above lot, from R-1 to R-2 under the HardsY:ip Rvling be denied �'or the ? oll.oc�ting reasons: No, 1 Dlo Ykardship has been shown. No. 2 The present zoning of t!zis area is R-1 residential. Attached herewi�h is a copy of I�Ir, Andrews reqv.est, tagether vrith a sketch show- ing the �.ots surrounding �he above property. Zoning Board City of Clearwater City Hall Clearwater, Florida Gentlemen: Ma.rch 11, 1954 This letter is in reference to Lot ;�6 of Block A, Bouleva.rd Pines Subdivision, in looking over tre zoning restrictions I find that this Lot is zoned as R-1, Lot �5 directly north of Lo� �6 is zoned for business and on Lots #3 & 4 an Ice Cream business is now being conducted. Direc�7y across irom this lot is the Lake Crest Motor Court whicn occupies Lots �l, 2, 19, 20 which is Block B. So you see this lot is not suitable as R-1 and it would lae to the advantage of this lot to be zox�ed as R-2. At the present time I have a client who will build a Duplex on this lot provided it is zoned as A-2. I b�lieve that in view of the above facts a hardship zs established and nequest the Zoning Board �o give this m�.tter your utmost consideration in favar of rezonin� this lot to R-2. Enclosed zs a sketch concerning.the Lot 3n question and the surrounding territory. Very �ruly yours, /s/ James Andrews (18d1. Gulf-to-3ay Blv�.) April 2, 1954 To : F, G, Nidd�.e'ton, �ity Manager From: 0. H. An�.erson, Sec'y. Zonirg Board Suhjects Request of George B. Cassell TYie Zoning Board makes the following recom.mendation to the request of Gecrge B. C�.sse].l Lot l, B1ock 10, Mandalay Subdivision fihat trie request to build an a�.idition to his present resldence with a 5+ - 0'�' building line set pacic on Mango Street under the hazdship ruling be approved. You will note that the present building is built up to the property line on Ntango Street, and tY:e Board feels that an additlon to same with a 5� - 0" set �ack would not cau�e any obstruction to th� surrounding property owner. Attached herewith is a copy of Mr. Casse7.1'�s request toge�her cvith a plot plan of hi� proper�Ly, CI�Y COM�'iiISSION NlEETING apr�1 19, �95� Zoning Board City af Clearwater, Flr�xida �entlemen; 3-30--54 Attached are �rints and plot plan for s�orage raom and porch to be added to rear of our residence which is located at 801 Eldorada Ave., the N.W. corner of �ldorado Avenue and Mango St:reet. I�Ir. Anderson advised that in view of the existing Ordinance requiring a 25 foat setUack from any side street in an R-1 zone, he couldn't issue a building permit unleas the proposed addition was passed on and �.ppr.oved as a hardship case. The exis�ino residence is not set back from the side street at all but lies con.tiguaus to or abuts upon the sidewalk. The p�aposed addition will be set back 5 ieet and be a decided improuement on the appearance af the existing res3dences. 2 therefore submit the matter far your act�an and approval on t�e basis t?`sat it will cause no harm or injury to any surrounding property owners and wlll in fact be an improvement to the neighborhood. Very sincerely yottrs, /s/ George B. Cassell Apri1 2, 1954 To : F. C. Middleton, Cit;� N'1anager From: 0. H. Anderson, Sec'y. Zoning Board Subject: Request of Belrront Ba.ptist Church `�he Zoning Board makes the �ollowing recommendatian of the request af the Belmont BaptiSt Church. Lots I1-12-13 & Z4, �1ock F, CarQlina Terrace Subdivision That the request to erect a ehurch on the above property under the hardship ruling be apprcved. That the buildin; set back l.ine on I�lissouri Avenue and Bel.leair Blvd, be in line with e�isting cnnstruction in this area and other set back provisions to be the same as requi?^ed in R-?_ districts. Attached hPrewith is a copy of the Church request, together with a petition sioned by property owners in �he immediate area. BELMONT BAP�'IST CHURCH Howard St. at �cranton Ave, Clearwater, F1a. March 26, i954 Clearwater Zoning Board Clearivater, Fla. DPar Sirs: We, The Belmont Baptist Church, Now located at corner of Howard Street and Scranton Avenue, ta hereby petetion the Zoning board under the Hardship Ruling 'co rezone lots 17., 12, 13 & ly; block "F"; Carolina Terrace subdivision to the city of Clearwater, :from R2 to R4. We have purch�.sed this property as it 3s the only property thai; was available 3.n this section of Glearwater �hat was suit?ble for our purposes. Our congreoation has grown. until it is necessary that vre e�and and we could not obtain enough property at our present l�cation. We will apprec�ate every consi.deration in reguards to the above matter� Sincerely; Belmon� BaAtist Chureh Fred M. Vining, Pastor f s/ F'red M, Vining PETITIOI� We, �he undersigned property owt�.ers residing in thP subdivision known as Carolina Terrace, do petition the C1ear[nTater Zonin� Board to permit the build�.n� of a structure, and/or structures, by the Belmon:t Baptist Church at tY�e northwest cornex� oi Missouri Avenue �nd Be�leair Street to be u4ed by said chur�h for their own varied activities: (Legal Description: Lots 11,12,13, & 14; Block F, Carolina Terrace) Si�tzed by iorty persons. CZTY COMNiISSION �'IEETING �:pri1 lgs 1954 Apr11 2, 1.95�+ To: F. C. �ficldleton, City Manager �`rom; 0. H, Andersan, Sec'y. Zoning Board Subject: Requesb of Koch & Jones, Snc. The Zon�.ng �oard recommends thati �he r�quest c�f Koch & Jones to �:rect a commereia]. sign on Druid Road between Willow Branch A�enue and Reoent St�eet 3n an R-1 Zoning area be denied. 7.'h� Board does not look in favor on �he display of commercial signs in R-1 areas and on streets leading into the city on main arteries. Attached herewith is a copy of Koch & Jone� reqvest. �ionorab7.e Mayor and City Commissioners City of Clearwater Clearwater, Floricla Gentlemenc 30 Idlewilcl Drive Clearwater, Florida P�Ia.rch I, 1g54 �is letter is written you in r.egard to Lot 34, Brookside Subdivision in Glearwater, of which I am the ourner. Subject lot is now 2oned for basiness use and the undersigned proposes to erect thereon an eight stare building. Frontage on this 1ot on Gul.f-to-Bay Bnulevard is 146.98', the east 20' comprising a drainage easeznent �o the City of Clearwater. 'i'he frontage of my building as designad is 130 feet which v�ould infringe on the easement about 3 feei. Permission is requested to construct a poured concrete bulkhead 5 feet east of the west bourzdary of this easement which it is believeci woul@ not be detri- mental to the functioning af tYie drainage ditch �r ad�rersely affect the interests of any o�ther property owners yn that area. The re�omm�=.ndations and the adviee of the City Enginesr will be strictly adheretl to if this permission is granted, Zt is respectfully requested that you consider this reques'� at your earliest convenience. Yours very truly, /s/ Sarafem Dervech S. Dervech March 31, 1954 To: Mr. Mlddleton, City Manager From: Nir. Lickton, City Engineer Subject; Lo� 34, Brookside Subdivi�ion Z'tie letter from Mr. Dervech has been referred to this office. A well designed properly constrlacted bulknsad, placed as described will have no material effee� on the funetioning of the stream or adversely effect any property owners in the vicinity of the stream, It is recommended that Mr, Dervech employ an Engineer to design said bulkhead and that said bulkhead be installed under the supervision of this o�iice. TYiis office will cooperate with Mr. Dervech in any manner. fIonorable Mayor and City Gomnission City of Clearwater Cleaxwater, Florida Gen�l2men: April 1q, 1954 Regarding the bond ordinance authorizing the issuance of $400,000 of Ba11 Park Recreation Facility Revenus Bonds, and in answer to Mr, Phillipsn letter c�i' Apri1 1.5, Mr. Phillips and T have had long c�istance conferences *.aith i�7r. John Mitchell af Cald�rel7., Marshall, Trimble and Mitchell, NeT,v Xork attorneys, vrho wi�.l approve the legality of the bond issuE. Al1 of the pertinent questions which Mr. Phillips has raised have been ahan�ed and embodied into the Bond Ordinance with the approval of Mr. Mitchell. Summarizing tlze changes: l. We have increased the bond issue fram $35��000 to $400,p00; 2. At the suggestion of Mr. Frank AbPrrxath�r, G3.ty Treasurer, �re have provicled for tihe investment of the sinlcing funds in o�ligations of the United States Go�rernment of an unlimited maturity, providEd t�he secur3ties are guaranteed as pr3ncipal by the government or other open markcet securities af the Unitad States �overnment with a ma�;imum maturity of five years; and 3, That the franchise tax be open for any additional financing desired by the City re�ard- leas of the purpose for which the money is needed without &t3pu7.ations. (Continued) �� ;4 � CITY COMMISSZON MEETING Apri]. 1�, 1g54 (Gont�nued) C�ther minor changes and provis�tons �.s set forth in Mr. Phillips� 1e�ter h�,ve }�een taken oare of in the ordinance. RWS:d cc. Mr. �'. C. Middleton Mr . Franl� AbernathSr Very tiuly yours, R, 1�J. SPRAGTNS AVD COMPANY By �s/ R. W. Spra�ins RESOLUTION 4JHEREAS: it has bzen determined by the City Commission of the City of CZearwater, Florida, that the property descrilaed below should be clean�d of weeds, ;rass and/or underbrush, and that after ten (lOj day� notice and failure of the ocvner thereof to do sp, the City should clean sucn property and charge the c�sts thereaf against the respective property, NOW THEREFORE BE IT RESOLVED by the City �ommission of i;he City of Clearwater, Florida, that the follov,Ting described property, situate in said City, shall be cleaned of weeds, grass andlor underbrush within t�n (10) days after notic� in iariting to tr�e owners thereof to do so and that up�n failure to comply witiz said notice, the City shall perform such clean-ing and eharge the costs thereof a,�,ains� the respeetive properties in accordance with Section l28 of the Charter of the City af Clearwater, as amended. NAME Byron Lohmar 8'! 0 Lotus Path Clearwater, Florida Jacob Ruimerman �ackson Hill Rd. Middlefield, Conn. George E. Cameron 74 Highland Ave. n4iddletown, Conn. Joseph I�, Jettie 8go3 colfax Dztroit �, Michigan Harry Silos �+01 ralrfield Beach Rd Fairfield, Conn. Edward Heidel �00 S. Meteor Clearwater, Florida Chas. Graham Ross 1521 Kirk St. Evanston, I11, H. F:a.r1 Barlow 800 Marlborough Ave. Detroit 15, N�3.chigan T. R. Palmer 1176 Mandalay Pt. Clearwater, Florida J'. A. Smitl� g14 Golfview Ave. Tampa, Florida DESCRIPTION Lot 3, Block C, Unit !� Skycrest Lot 1, Block F Suburb Beautiful Lot 2, Block F Suburb Beautiful Lots 1 and 2, Block B Unit D, Skycrest Lots 3, 4, and 7, Block B Unit D, Slcycrest Lot 8, Block B, Unit D Skycrest zot g, Block B, Uniti D Skycrest Lot 10, Block B, Unit D Skycrest Lots 4 and 5, Carlouel Block 264 Lot 6, 31ock 64 Mandalay CQST �.00 4.00 �F . 00 6.00 9.00 3.00 3.00 3.00 6.00 3.00 PASS�D AASD ADOPT�D BY THE City Commission of the City o� �learwater, Florida, bhis lgth day of Apr�il, A. D. 1,95�+. ATTEST: /s/ H. �. Wingo City Auditor and Cl�rk �s/ Iierbert M. Brown Mayor-Commissioner �� :- `%' oRDIi3ANCE N0. 653 Ad9 ORD�AIVCE AMENDTId'G ORDIIdAN�E N0. 609, 'ifIE SAME BEIIJ(3 AI3 ORDTNANCE A1�lEND�i�TG ORD3:NANCE N0. 580, � S� BEINQ SEC'1'ION 8 OF CHAP'I'ER 19 OF TFiB GQDE �F `1'Fi� CI'1'Y' 0�' CLEAR6�tATER' FLORIDAa �950� AND BETNG THE OCCUPA�'IONAL Z,ICENSE ORD�AIANCE OF �t'iiE CIR+y pg CLEAI�.WATER, RLOdiIDAa BY �NDING TH8 CLASSI�'ICATION nPHOTO(�RAPH�`,�R.°, AND COMMERG�AL ARTISTS" THEREI23; Pi�OVZDIN(� FOR REPEAL OF ALL ORDY3IANCES OR PA1�TS OF ORDINANCES IN CONRLICT HEREUITTH; AND PR�VTi7iNG R4Ft 3'FiE E%FECTIVE DATE HER�OI+'. FE TT ORDAIPiED �1' 'i'I3E CIfiY e0NlMISSION OF Ti�: CZTY OF �L�ARWA'.i'ER, FL{3iiZDA: Section �. That Ordinance No, 609, the name being a.n ordinance amending Oz°d9.na.nee o. 8Q, and beit�a��Seetion 8 of Chaptez° 1� oP "The Code oP the City of CJ.earwater, Florid�., 1g50 , be and the same is hereby �mendecl �o tha.t �he cla�sifica�ion "Photographers anc3 Corr¢nercial Artists" appear3ng on page 11, th�reof, sha7.1 reaci aa follows : "PFYOTOGRAPF�RS AAID COMN:ERCIAL AR�ISTS, including Solic�ting Pnotographera $25.00" Sec�2on 2, AlI Ordinances and parts oP tTrdinances in congl�.ct herewith are riere y rep�alecl �o the extent of such conf'3.ict. Section 3. This Qrdina.nce shall become effective immediat�:ly upan 3ts passage. PASSED ON FIRST READi.�TC PASSEU ON SECOND 1�EADING PASSID ON 3'HIF�D APiD I�INpI, REAASN(� I�.ND A.DOPTID Aictest : /sf H. G. Wingo Gity Audi.tor and C3.erk April j, 195�F April 5� 19�� Ap�^iZ J.9, �.95� /s/ Herber� M. �rown Mayor-Ge�ission�r y ORDi1�tAN�E N0. 654 AN ORDINANCE P�tOVIDIY�FG Fl?R R'FiE CONSTRUCTIOI�, IMPROVEMENT, AND EQ(TIPMEAi'F 0� NIUNICIPAL �TADTUM RECREATIOt3AL �'ACTL�TIE�, MRKI�Ja Cr.id�C,IN �'TNDI1tTGS IN REGARD THEF��l'0; AUTF�QRIZING THE ISSUAN�E QF �+400,000 R�SCREATTON RFVENUE C�R.TIFICATES; 13ESCRIBIN(� BAID CERTIFIGAT�.S; PRO'UiDINa �OR TFIEIR IKAR'URITY 1?ATEfi; �'ROVIDINQ F.OR TitE EXECIITION, NEGOTI�BILITY AY�iA RE((3�IS'1'itATION OF S/1�,D CERTTFICAT;GS; �FtOVIDII3E� FOR REPLACEf�IENt AND PAYt+1Fa1iT ��' Mi3TTLA'I'�B, pESTR�YED, STOLEN AND LOST CERTiFICATES; PitOVIDIIv'G FOR TiIE GOVENANTS AND RE�V;EIvUES AN� APPL�GATION OF �NUES OF SAID CERTIi�'TCliTFs,S; PIiOVIDaNG FOR Ti� COVEI�TANTS AN3a OBLIGRTTONS OF THE GITY OF �I,EARkiAi°�� UNDIIi SFiID CTsRTII'ICATES; FROVTDYNG} FOR THFs DISPOSTTION OF REVENtT�s� FROM �t'HE STADIUI'�. RSCREATIOIdAI. �fi.CILYFi`IE�S; LIMTTINti TI� ADDITIONAL OBI,IGATI()PYS WHICH i�Y BE ISSUED A(aR?1+tS'1' '.1'IiE. SECURITX PLEDQED FOR SAID CERTT- FTCA'd�S; PROVIDING Y+'OR. REI�DIES OF CERTIFI�ATE FIOLUE,RS; LIh4ITI�G MODIFICATION OR. AP�'NDI�IT O.F THI� OFiDINA?,CE; PRO�IIDI�iG FOR Ti�'s SEVERABILijl'Y OI+' T,HE PROVISIONS HERFU�'; PROVIDTNG FAR '�i� ISSURNGE AT3D SALE D� TI�'s CERTIFiCATES; F�3.OV�DINQ FQR 'THE iTALZDATION Or SATD' CERTIFICATF.�; . PFiOVIDZNQ THAT THZS ORI)IATi#NCE IS AN Et�II'sRGENGY P4E@�SiTitE AND PI20VIDIN(� F'�R R�EAL 0�' ORD�NANCES �ND' RESOLUTIONS IN G023FLICT ii�R�WSfiFI. HE IT ORDAIPJEI7 BY THT CITY COMMTSSION QF THE CITY OF CLEARWATER, FLORII7A: A�iTICI6E I ST:4TUTORY AUTH�RITY, F�NDINGS AND DE1+'INI�IONS. l. AUTHORIT'Y OF TIiIB ORDIAtANCE.. Th1s ordinarice 3.s adopted pursuant ta the provisions a�' Chapter g71o, Special Acts o� the Legi,slature of Florida, 192�, and am.endments thereaf and supplem�nts there�o, being Lhe Charter of the City o� Clearvaa�er, �.nd other appl3:cable prov�sions af law. It is hereby faurnd and determ3ned as folZows: (A) That the Ci.ty og Clearwater is no�r the owner oi land and premLse� in said City described as: �.at portion o� tl2e r�plat of the New Country Club Addition 5ubdivis3on accorct3.ng to �he map ox� plat ther�of as recorded in P1at Book 20, Page 6�+ of the Public Records of Pinellas County, Florida, more particula,rly des�ribed as: All oi' B1ock E, 2.nd that �ortion of Block D boundec3 by Falmatto Ntreet on the North, t+lissouri. AvenuE on the F`as�, Sem�i.nole Street on the SQubh and Block E on the West, ` in the City of C�ear��a�er, F�lorida; that the City aQntempla.tes uaing �he laxid artd premi.ses as a recr.eational Pscility so long as the cer�ificat�s I2ereby authori�ed �se outst�,nd9.n�, a.nd tizat iche revenues derived and to be derived from trae fees, rental� or other charges far the use of saicl land, premi.ses and facilities construcied and to tae eonstructed thereon, as nerein autYaoriz�d, are noi pledged or encumbered in any mar►ner . (B} That the construction, improvement and equipment o� a mun�.cipal stadiUm and 3neidental facil�.t3es here�n called "Stadium Recreational Fa,c3.l3tiss11) as hereina�ter ctescribed, are for a prop�r municipal purpose, asa�d i� �.s imperative in order to preserve the gubZi� heal?ch ��.d provicle proper ree�eationa]. facilities for the inhab3tants of iiie City o� C1�ar�vater that said Stadium Recreational Facili�3.es shall be constructed, imprd�ed and equigped in accordance with th� prov�sions o� this Ordi,�ance. , tC) That the Gity of Clearwater did, unde� c�.te of October 10, 1g4�6, enact an orclinance by r�hich said City granted fQr a. period of twenty years, ta the Florida. Po�er Corpora.tion, a frane"nisz to construct, mai:n�ain and oparate electric light and power fa��.l3ties for the purpose oP supg3.y3ng electric3.ty to the Ciicjr a.nd ite inhabitants. In eonsideration of the gx�anting o�' said franchise and pua°sua.nt to said ord�nance, said FZor3.da Poeser Corparation, its legal representatives, successo�s and assigns, is rer�uired to pay annu�.liy �o �aid �ity, and the City has the pow.er �0 3��ry and �o1.leet, an amount equa7. to �our per cent (�� of �he groes rece�?pts of said F2orida I.'o�rrer Corpora�ian #'roz� th0 sale of e�.ect�eic en�rg"y in the Gity oi' C7earwater (hereinaFter called "f'r�nchi�e taxes"). That it is deemed. necesa�.ry and cleairahl� to gledge. such f'ranslxi.se taxes �o the payznent of �k�e principal • of and intereat on the revenue ee�r�ifiaat�s issueri pursuant �o this ordiazance 3.n order to assist in the financing oP th� �construetion, improvemen� and equipment of the Staa'�,um Recrea:tienal �'acili�ies as provided �or in this ordinance. (Dj That the re�enues ta be derived f'resm ti�e Sta.ditam Recreationa]. Fac3.12t3es, together vaith the £ranchise taxes here3naftex° pled�ed to the payment of ths princlpal oP and inter�st on the revertue es�tificates issued pursuant to this ordinance will be �uP�icient to pay the principal of' and interegt on all og the Recreation Revenue Cer.ti�ic�tes issued pu�suant to �his Ordinance and to make al1 re�erve, sinking fund ancl other payments provided Por in �his Ordinance, an�l to pay th� neceasary coat of operating and raainta.ining said Stad:Lum Recrea.tional Faciliti�s. � (�) Tha� the prinaipal of and inierest on 'che Recs�eation Revenue CertiPicates to be isr�ued pursuan� ta this Ordiraanc� and all o� th� seserae, sinking Pund and other paymenics grovided f'or 3n 'chis (3rdinance, will be paid sale�y �rom the Revenues d�r�:ved b� the City from the operat2.csn o� said: Stadiwn Recreational Faci�.it2et� and :: sa3.d Franchise taaces, and it wi3.�, never be nsces�axy or a.uthorized to use the ad va?eram taxing po�er or any other funda o� said City to pay the princ3pa3 of and _ 5.nterest on said: Recrea�ion Revenue Certificates �o be S.ssue�i pur�suant to this Ordinance, or to nake any of the reserve, s3.nking fund pr other payments prp�rided Por ln thi.s Ord:lr�a.nce, a.nd said Recrea�3on Revenue Certificates 3as�:ed pu�°suant 1ca this Orciinance aha11 not consti�ute a li�n upon a.�r of 'the pr�pertiea of �aid Star�ium ReCrea't�oxs�.l �'aGi�iti�s or upon any other psopea�ty whatsoet�er of the City. _.� .. _._ �2- (F) That construction, impro�vem�nt and equipr;.ent of sa3d Stadium iteerea�iona.l �ac31it1ea ahall be und�x�taken asid comp7.eted in a.acord�rice with the plans and apecli'3,cat3ons prepared by P�arr an�. tiolmaxi, Arcl:iit-ec�� ri.d �ineex^s, Inc., anci hereto�ore �i1�d. in the a�fice of 'che City Auditior aand �:lerk, at an �st3m�teci east of $�d01�,000. 3�zch cost shr�.11 be de�med to include t�e cast o� tha construction, improvemeaat and equipmen� of sa3a Sta.diuYn Ftecrea.t3.ona1 Facilities pur�uant to sa3d plans and spe�if3cati.ona, iaacludl.n� the acqui.siicion of .a.ny lands or intereat therein and oP any fixicures flr equipment or properti�s de�med necea�a�y or con=r�nient bhere�or, interest upon the Recreatien Revenue Certificate� issued pursuan� to this Ordina.nce px°ior to, and eluring and for s3x man�hs af�ar the completian and placing in operation ai' said Stadium Recreationa]. Fac�.lit�.�s; engineering, arch;L�ecual, financlal a.nd Ze�al expensea; expenses for es�imates o� c9�ts and o�` re�enues; expenses Por plans, specli'ications anrl surveys and such othe.r e�.-penses as ma.y be necessary or in�ic�ental to the �inancing authqr�zed by �his Ordi:I.,na.nee, and the construction, improvemen� ar�d equ�.ppi�g pf such Stadiutti Recreational �`acilities and the plac3:ng ot� same in operaiion. 2. ORDINANCE TD CONSTiTUTE CONTAACT. In cansideration of the aeceptanc� of the Cer�ifi�2.tea authosized to be issued hereunder by those who sha1Z hold the same gr�m time to time, this ordinance sha11 be deemeri to be and shall constitute a con- �tract between the C1ty oP Clearevater, R3orida, a_nd sucYa c�rtifica�e holders, and the covena.nts and agre��ents herein set forth i�o 'be perforYned by sa3:ci City shall be for bhe equa,l benefit, protecti�n an� secur3.ty oi' the le�al holders o�' any and all of such Certi#'icat�s and the cougsons a�tached thereto, all of which shall be af equal ra,nk and r�ithout pref'erence, priority or c3istinc�ion of a,r�,y of` thE CertiPicates or coupor�s ovex° any o�her thereo� except as exZyressly provided ihesein anc� herein, 3. DEI�INZ�IONS, 2gae i'o1loWing tez=ms sY�a3.l have the follov�ing meanings in this Oz°dinance unless tl�e tixt otherwise expressly requires: �a "Cit�y" �ha11 mean the City oi' Cleartaat�x�, Rlorida. b3 "Act' shall mean �he Charter o� the Ciiy oi' C1��ater, constituting Cha.p�er� 9710, Spec3.ai Ac�Cs of th� I,egislaicure o�' Rlorida, 1g23, and amemdme�ts thereof and suppleinents ther�to. {c) "CertiYieates" sha21 mean tkae $400,000 Recreation Aevenue Certifieates aut�horized tc be issued pursuant tp t}Z�.s prdlnance and any adc�.tlonal GErti�fiaa�tea hereai'ter issued pursuant to sub-��etion 13 (L) hereof 3n the manner therein pro- vided, �.r�d the interest eoupons attach�d to said Certi�icatss. (d) "$older of CertiPicates" or "Cert�.i'ic.a�e hol.der", or an,y sim9.1�..�^ term, shall mean any pexs�n who �:;+al�. be the l�ea.�er or orrner of any outstand3.ng Certificate ox° Gertif3cates TBg381-.GP:.?d_ 'Lq bea.rer or not r2gistered, or �he �egistered. owner of any outst�ading Cert3ficdte or Cer�igicates whiah sh,all at the time be regis�ered other than to bea.rer, or of any cougons representing interest accrued or t� accrue on said G�rtiticatea. (e) "Staclium. Recrea.tion�..t Fa,ci].�.ties" snall mean th� �omplete m�atiicipal recreational �'acilities o� the City oP Clearrraatsr, con�tructed and �o be consiructed wh3ch sha11 inc�ude a corap�e�e baseba2l stadium, baseball c�33.amanri, scoreboard, grand- s�ancl seats, box seatr�, �rire screen, TV and radio facilit3es, press box, first a3.d s�a�ion, locker room far the home t�am eonsist3ng oS loekers, show�rs, toiZ�ts, ofi'ice �'or manager, trainer��n r�on, vi�iting nlayers' locker rooms snowers and toiie�s, offiee for grounclskeeper, concession standa, tieket booths ansl oifice, colored and wh.i�Ee rest r�oom facil3ties �'or J.adiea a.t2d men, 3.ightirag faciliti�s, and pa.rking Pacilities, (f } "Revenues or �ross Revenues" sha11 mean a.l]. rates, fees, ck��ge�, reretals ar other income received by the G3ty, or accrued to �the City, os any board or agencg thereof in control of the taanagement �nd aperation u.' said S�adium Recreationa2 Fac3li�ies, and a1.1 par�s thereof, fram the operation of' said Stadlwn Recr�atianal FaciZit3es, a11 as calculated in accardan�e �aith souAd aceounting practice. Revenues shall be specifica3ly deemed tt� inelude, Vrithout bein� linited to, a;�y and all rentals or o�her paymenta receivec�.kiq the �iicy fram 1eas�es, licensees, or ather pessons for said Stadium Aecrea�iona2 Fac313t�es or any part thereo�. (g) "Aperating E�cpen�eg't sha,7.l mean the current expenses, pa3.d or .accrued, of opera�ion, aiaintenance and repa3.r of said St�dium Recrea�icnal �'aci].i�ies and shall include, wi�haut liraiting the generalit�, of tY�e ioregoir�, i�surance premi.um� �a admin3.$tra�ive expens�s of the City praperl� chargeable to th� Stadium Recreation�l I`aci2ities, labor, the eos� �f materials, and supplies used for current ap�rat�on, aaid eS�arges far the ac�umulation of appropria�e reserv�s nat annually recur�ent but which are such as may rea�anably be er.�aected to be incurred in accordance witia so;and aceoun�3xag praciice. "Operating Expenses" sha.11 not �ncl�de any al�ovranc� for cieprec3ation, renewals os extensions or any cha,rges �or the acewnula�ion o� reserves fbr capital s�eplacements, renewaZs or extensions; prov�ded, how�ver, tt�t whenever ana wher�ver the Ci�y sha11 �,ease or license a,n,y por�ion of said Sta.dium Recreational ��,cili��es under terms providing far th� paymen� a�' ne� r�ntals �o the Ciiy ancl Gwhereby the Iessee or licen�ee pays pa,rt or all a� �he c�asts of operat3on and main- tenance, then �he part of such costs af operation and main�enanee paid iay suah less�e or licenaee shall not be ineJ.uded under the term "4perating ��peres�s" as used in th3s sub-sect3on (g)• (hj "i�et Revenues" shall m�an ths groas r�venue�, �s defined in sub-,section (f) above, retnaining a.f't�r decluction only of opex^at3ng expenses, as def3ned in sub-sect3on (�) above, (i) "Fr�nchise Taxes" sha:El mean any a.nd a�:l moneys received �y the Git�r from the Florida Power Corporation, its 1eg�1 representatives, suecessors or assig��s under the f°�a.nchise �ranteci pursuar►t to the ordinance enacted Oc�ober T0, 1g46, and any and all moneya received by the C3�y fr�m the F14rie�a. P�wer Coriaoration, 3ts le�al representative�, succesaor� �r assigns, under any exiension or renecval o�" said franct;:�ise or from any n�w franchis� grantin$ the ri.ght to construct„ jaaintain and opex�a:,e electr3c l�.ght a,nd power fAcilltiea gor th� purpos� o� supglying �3.eci-.ric3ty to the Ci��y or ite inhabitants, �j) ' Trus�ee" hsreund�r sha,],]. be the Gity Treasures° of the C3t� �f Clearwater.. k) 4tords Y.mporting $in,�ula.x^ number sha7.l include the plura,� number in each case �nd �ti.ce versa, and worfls 3:mpor��ng per�ons sha21 3zielude fis�ns and corpora�ions. ;.�A � �a . :. ��,, � -3- axmaez,� zz AUTHQRT2ATZON, 'P.�RMS,, EXFCUTZOPI, REGIST�ATTOIJ NN� ISSUE DR CERTIF'ICATE3. �k. AUTfiORIZATION OF C�RTIFICATES. Subject and pursuant to the provisions of this Ordinanee, Certificates af the City of C�.earwater to be known as "Rec�eation Revenue Certifica�es" are hereby authorized to be issued in the ag$re�ate princ3pal amozant of not exceedin� Four Hundx°ed Thousand Dollars �$�+00,000) �or the �urpos� of Pina.ncing the cost of tkie cdnst�ruction, improvement a.nd equ3.pm�nt of Stadium Rec�eational F'a.cilities as px�ovided in thia ordinanGe. 5. D�SCRIPmTON OF CERTIFICATES. �hQ Certi�ica�es sha,l.l be dated Apr�l i 7.�54, ahal�. be in the denomina��on of $1,000 each, sha11 be nwnbereci from 1 to �400, inclus3ve, sh,all bear interes�t at a sa�e nct exceed3.ng the le�s.l rate pa.yable semi- annually on Ap�i1 1 sind October 1 0� eacY� year, and s1�a11 mature �erialiy in rnunerieal. order, lowest numbers girst, an April 1 of each yea.x° 3n the years and amount� as iollocas: 'YFAR �-°>5 la5b z957 1g58 iq6o 1961. 1962 196�+ 1g65 1g66 1g67 1968 196g At�I0UI3T � 7,Oo0 �,000 9��0 8,000 8 000 �000 �9, 000 9,000 10,000 2Q,000 I1,OCo i1,000 2Z,000 12,000 12,000 Y,r�AR 1r�70 1!�71 �9 3 a9 5 1976 a� 1980 1y81 �983 �.g84 AMOUNT $13,000 1 ,000 1�,A00 1�4, 000 15,000 z6,000 15,000 1'�, �00 18,000 18,000 1g,000 20,OA0 21,000 22,000 22,000 The Cer�ificates maturing in the yea.z°s 19�5 to 1gE4, inclusive, ahal3� net be recieemable prior to maturi�y. Th� Certificates maturing 3n th� yeaxs 1g65 �0 1984, incl�sive, shall be redeem�.ble prior �o ana�turity, at the opt�c�ra oP the Ci�y or► April 1, 1964, or on a.ny inter�st pa.ymen�t dat� th�reafter prior to ma�ua�ity, as a wY+�le, o�,� in part 3� inverse numerical order, a.t a redemption pric�.� o� par aa�.d acc�ued 3.s2ter�st to date a� red�ption, plue a pxe�.i�n of Five per cen�t (5�) of the , par value �he�eaf 9.f' rede�tn�ta on or be�or� Apri1 l, 1g68; o� a px�em3.um oF Four per , aen� .(4�j of tlie par value thereof if rede�med therea.�tex° but an or be�ore Apr11 l, 1g72; or a pr2mit�.� of �7t.ree per cent (3�) oi the �ar value th�reof 3.f' redeemed therea�ter but on or be�ore April �., 197b; or a prem:tum oP Ri,ro per cent (2�) o� th� par vaZue thereoY 3.£ retleemed ther�a.�ter but �n oz� be�ore April 1, 1980, and � without prem�.iu� if rec3eemed therea�>�er; provirled tha.t a notiee �f such 3ntended , redemgtion sha11 have bee�i pub�ished b� the City at Ieast onee at 1�a.st tYairty days , pr3or �to iche da.te ot' re��mptian in a�'in.a�2cia.l paper pubZ�.sl2ed in 'che City of Nc:w . Yark, New York, and provid�� uurther tnat i� lsas Ghan a1T o£ sa.id Certif:i�cates , subject to redemption axe so called for red�mpt3on, the no�ice of �ed�mpiion shall , stat�: the iden�ify3.ng rnambers oP tlae Ceriificates �o be redeemed. , Said Gertif3�ateg sha11 be �ssued in coupon form9 skiall b� payable with respect , to koth pr� ncipa7. a.nd infrerest in larr��ul money of the Un'Lted States o� Amez°ica, at , th� principal office of i4�e Cha.se National �.it of the City of N�w York, Atew York , City, Piew �ask, and shai]. be�r intere�t f'rom �heir date, �ayabie in aecordance with , and upon surrender oP tne :.�pgur�ariant i�tereat a:aupons as '�hey severally mature. , 6. Fa7LECIIfii02v OR C�RTIFZCAI�S ADTD �OUPONS. Sa�.d Certif3.cates sha11 Toe execu�ted in the name oi �he G3ty by 3ts Ci�y Aud3.tor ��rad C1erk and ita City Mana�er, and countersigned by its �.yor-Co�aissinner and ah3.l� ha�e impressed therean tl2e co�orate sea3. of t:ne City. In case an'p one or mare oP the ofPicers who shail have si�ned or sea3ed any of the Certif3cat�s shaZ1 cease to be such offieer a� the C�.tgr 'before the C�rti£icates so signed and �eal�d shall have been ac'tua.11� sald anti ,' del�.vered, such Geri�ifica�ies may �neverichelesa l�e sold :and del3vered as he�ein provided and may be issued as i� the person c�ho signed or sealed such Certi�icat�s had not ceased t4 hold such of�iee, Any Cer�iP3cates may �e sa�ned and seaies? on behalf of the C3�y by such �eraon as at the aetual �iane of' the execut� on of such Certificates sYza:t3 hold the praper �ff ice in t12e Ci�y, a.lthou�ka. at �he ds.te of �uch Certificaf.�t� fl��h p�rson may not have held sueh of�iee or ma,y not have been so authorized. The Cnugons to be attached to the Gertif'icates aha11 be authent3.cated with �he �ae si.m�.le sig.; �atures of the present ar an,y future City Auditgr and C1erk, City Mana.�er and M�:yn'r-Commissi�ner of said C3.ty and the City may adopb and use f ar tYee r p�arpose the fac si.mile sign�.ture of any o£ said persoaas who sha11 ha.ve held such ofi'ices at ar:y f,ime on or after the date of the Certif'icatea, notwith�t�.nding thai ha �.y have ceased to hald sv�h office at the time rrrhen said C�rt9.ficates ahall be actually sold and delivered. . 7. �1Fdi0TTABILITY .AND REGISTRATIQN. Th� Certificatea shall be, and h�vr� a11 oi' the qua.lities anci incicienta oF, ne�otiable instruments under the 1aw merehant and the A1ego�iabl� �stx�wnents Law af' the Sta,�e :o.f Florici�., and each successive holder, in accepting any og said Certi�'3cates om �1�e coupons appe��aining tihereto, shall be conc3.usively deemed to hsve a�reed that such Ce�¢ifieatPs skial]. be and ha*,re all of the qua.lities a,nd incidents of ne�otiable inst�umenta under the ].aw merchatit and ths �V�got3able It�strur�ents Iaus o� the State of` F'lorida., and each auace��a.ve nold�r shall furths� be conclusively deemed to ha.ve agseed that ss.id Certi�ica�er� sha11 be incon- testable in tlae hands of a bona Yie�e holder �'or value in the manner pxovided hereind after in the forrn of said Certificate�. �� _4_ The Certi#'icates ma.y '�e re$istered at the option of the holder as to principal only at the office of the City Treasurer of the Ciiy, suci� re�istra�ii.on to be noted on �h� back of sald Certifica�es in the agace provided therefor. AYter such registratian no tranafer of' the Certificates shall be vaiid unless mada at said office by �the re�i�tered o�*ner, or by his .�i.y author3.zed agent or r�presen�ative and similarly noteci on the Certif ieates, but the Ceriii'ieates may be siischaac�ged From regtstrati�n by being in I3ke manner trans�erred to bearer and thereupon trans�era.bility by deliv�ry sh�.11 be seatored. At the option oP the holder the Certificates ma�r �Yaereafter aga.3n from time to ti.me be regiatered ar trar_sPerred to bearer as before. St�ch re�g3stration as to principal only shall not afPect the negotiability �f �he coupons urYaich sha,Tl c�ntinue t� pass by u.�i:%"vex�y. 8. CERTZF`7CA�ES P4iJTILATEB, DEuTROYED, STOI,�N OR L05T. In case any CertiFicati� shall become muti3:ated or be ciestroyed, atolen or lost, the City may in its d3sereiion issue and d�liver a new Certificate with a11 unmatur�d coupana attached of 13ke tenor a$ the Cert3ficate and attaehed coupons, if any, so mutilated, destroyed, stalen or lost, in exchange a.nd $ubstitution Po� such mutiZated Certificate, upon surrender and ca.ncellation af such mutilated Ge�tigicate and attached cQupcns, if any, or �n lieu of ancl subatltutaon for the C�rt�.ficate and atta�hec3 coupons, if any, de�tro_yed, stolen or lost, and upon the holder fux�nishing the City praof of hia ownership thereof ana satis�actory indemr►i,ty and complying with �uch other reasonable regulations and conditiions as iche City may prescrib� and paying such expense� as the Cit3� may lncur. Al1 Ger�3Pica,tes an.d ec=.zpon� so surx�en�.ered sha1T be canceZled by the City Treasurer and held.for the accoun� of the City. If an,y such CertiPicate or coupon shall kaave matur�d os° be about to mature, 3.na,tead of iasuing a substituted Cert3.Ficate or coupon the City niay pay the same, upon being indemnified aa aforesaid, and if such Certificate or coupon be 1ost, stolen or des�roy�d, withaut surrender thereof . Any such duplicate Certif3cates and coupon� issued pursuant to th3s seetion shall constttu�e orig:Lnal, additional:contractual obli�at3ons on the part oP the Gity, wheicher or not the lost, stolen or destsoyed Certi�icates or coupons be at any time fauncl by anyone, �.nd such du�licate Certificates and coupons sha.7ll be en�itled �v equa,l and propor�ionate '�enef3.�s ar.id righta as to lien a.nd source and security Por payment grom the 8evenues and Franchise Taxes with all oiher Certificates and coupons issu�d hereunder. 9. FORM GF �ERTZFICATES AND COITPON�, The text of the Certif3cates, coupong and provisivna for registration shall be of substantial�y the following tenor, wi�h suck� omissions, insertions and vas�iations �as may be nec�ss�..ry and d�sirablE and authorized or permitted by this arclinance, ox� an;� suboequent ordinarace or t reso],ation adopted prior ta the issua.nce thereoF. N�* UNIT�A STATES OF AMERICA STATE OF %'LORIDR GYTY OR CLEARWA3'ER COUNTY OF PINET.T.aS RECR�:ATI021 RiYENUE CERTIFICATE $1,000 FfNOW ALi A9Ei�1 BY THESE l2�SEN�S tYia.t the City oP Clearcvater, in Pinellas Gounty, Rlorida, Fos value received, hereby promises to pay to the bearer, or if tiais Certificate be r�giatered, to the registered holder as herein pravided, on the f'3.rst day of L1pri1, 19 , grom the revenues and �spec3al fund:s here3naPter mentioned, the principal sum of ONE THOUSAND DOLLAI�S (�1,000) �rith interest thex�eon at the rate of �er centum ( �) pe� �� payahle sem:i-annually on the lst day o�' April a.r►d i;he lat day of October of each ye�r up�n the presentation and surrender o�' the annexed coupons as they severally faZl due. Both psin�ipal of a.�ad interes� on this Gertif3ca.ice are paya,ble in lawi'ul money of the United States oi' Ameriaa at the principal office of' Tf�e �hase Pdatiorxal Bank of the C3ty of New Xork, Ne�v York C3ty, New 3lork. 2"nis Cert3ficate is ane of an authorized issue of Certif�cates in tl�e aggre�a�e princ�.pa.7, amount nf ��}00,000 oP like c�a.te, tenor and effect, except� as to number (rate oP interes�) and da.te of maturity, issued to finance the cost of �he cons�ruct�on, imp�ovement and equipment oP municipal �tadium recreational facili�ies in tYle City of Clearwater, u.rider the authority of and in Pu7.l cAmplia.nce with tne Const3tution and Statutes �i' the State of` FZor3da., tk�e Charter of tihe City of C].e�.rrraater, being Cha�t�r g;10, Special Acts of the Legi�Zature of FI.oric�,a for the year 1923, �s a.ni�ndeci ansl supple�nented, arad otiFae� appl3cable st�Wutes, anc� an Qrdinance duly ado��ed by �he C3ty Commission of' s�id City on and is subject t� all �he �erms and �onclitions oF said Or@3xv3nce. �is Certificate and the coupons apperta.�nin� hereto are payable sa3.e1� fram and secured by s lien upon and pl�dge of the net rev�nues derived from the operatiogi of the municipal stadium rEcreationa.l �acillties deacribed in the Ordinanc� a.u�horiz- i� t�� ssue of Certifica�es ax�d irancYaiae taxes received by the City of Clearwat�r i.n the mar,uaer provided in aaid Ord3.nance and does nat constitute an 3n3eb�edness of the City a�' Clear�,rater w3thin the meaning of any constitutaonal, stat�.tox�y or charter provisions or limitation, and it is expressly aga�eed by the holders of thia C�rtificate and the coupon� appertaining hereto that such holders o�.�' ��A ^---�ar= _� �-$9i�AOAB--Si9�Eir� t�ni � c � a... �L. �. � �_-._._. �....� ..r. .. .... .,� -4 ��a-�- shala never have the r�ght tov require oa° aampe'! th� easereise of` the ad valorem tEucing pcawer aP said C3tg, or the taxation of r�al estat� in sm.id City, f'or the pa.yme;nt of the principa.� of and �.n- terest on this Certlficate or the making og any s�nking fund, reserv� or other paymenta pr�vided i°oa� in the Ordinance authorizing this issue o� Certig�cate�s. � �' ( -�- It 3s further agreed between the City of C].ea.rwat�r and the holder of this Certif3cate that this Gert3f�Lcate and the obligation �videnced thereby sha11 not constitute a lien upon the a�'oresaid municipal stadium reereational facilitiee�, o� any part th.ereaf, or on any otY�er property of or in the Cit� of C].�arwatsr, but shall const�tute a lien only an ths net revenue� derived from the operation of sai.d municipal stadium r�creatianal faeilities and franckii.ae taxes in the manner provided in sa.id Or°dinance. The �3ty �n said Ardinanae has coeenanted and agree�l w�.th the holders of the Ceirtificates af this i�sue to #'ix and establish and maintain such ra�es and collect such fees, rentm].s or other �iaarges for said municipal stadium recrea�ional �acilities, a.nd each and �very par� thereof, and to revioe the sa.me from time t� time whenev�r necessary {subject to the provi�icsns of any contra.cts �rith lessees or licensees of such i'aci2it3�s, or any part �hereof ), as will alwal►s, to6etY�er with the franchise taxes pledged to the pa�rment of the pr3.ncipal of .�.nd interest on the Gertificates flf this issue i.n the manner prov3ded in sa.3.d or�inance, provide revenues sua'ficienic to pay, and out of said rev�nues sha12 pay, as the same snall become due, the principa7. of a.nd interest an the Certif3catQs of th3.a issue, in addition to pay�.ng, as the sa�►e shall become due, �he neces�a.xy expenses o� operating and mainta.inin� said munic�.pal stadi�am recs°eational .facilities, ail re3erve or s3nking i'urids, or other pa�ments p;rovided gor in sa.9.d 0.^din�nce, and all other obli�ationn payable out of �h� �evenues of �aid municip�l stadiwn recreationa.l facilities, and that such rates, fees, reratals or athe� aharg�s shall not be r�duced so as ts�'be in�ufPicient to �x�ovid� rev�nues for such purposes, a.a�d saicl City has �ntered into certain Purther covenan�s with th� holders of the Certificates of this issue �oa° the terms of which x�eferea�e is made to said Ordinance. �he Cer�ificates maturing in the years 1955 to 1g64, inelusive, a.re not redeemable prio� to maturity. �e Cert�fioates ma�uz•in� in the yeara 1g65 �0 1�84, 3nclusive, are redeemal�le prior to mai�urity, tzt the option oP the City on April 1, 1g64, �r on any interest pa.yment c3ate therea.fter prior to maturity, as a whole or in paxt, in invers� numerical order, a,t a redemwtion price of par and accru.ed �.nterest to date of redemption, plua a prem.tum og P3ve per cent (5�) of the par value thereo� if recieemed on os bei�ore April i, 1968; or a pr�mium of foux� per cent (4;�) Qf the par� value thes�eof if s^edeemed thereafter but on or be�'ore April l, 1972; or a premium of �tksree p�r cent (3�� c.f the par va.lue thereof if redeemed therea.gter but on or bePore April Z, 1g76; or a premiusn o� tvro per cent (2�} of the par va].u� thereof 1f redeemed there�Pter but on or begore april 1, 198d; and without premium if redeemed therea,fter; prov3ded thai a no�ice of such re�lemptian shal7. ha�e been pubZished at least once at least thia�ty days priar to �he ds.te of redemption in a€in2ncial �aaper published in New YcrTt City, New Y�r�.. It is h�reby certified and recited that all acts, conriit3ons and things required to exist, to happen and to be pergormed prg��edent to an�i in the issuaance o� ihis Cex��3.ficate, ea�3.st, have happened an� Yia.ve been performed in reguiar and due fos�m anct t�me as required by the sta;utes and Conatitut3on o� the atate oF Florida anplicab�e thereto, and tha.t the issuance o� 'this Cert�,ficate, and of iche isaue af Certificates oP which th9.s Certificate is one, does n�t vidlate any const�.tutionaZ, sta.tutory or char�er 1 �mi.�tation. Th3s Csrtificate, mnd the coupons apperta:lning th�reto, is, a.nd ha,s s11 tYae qualities and incidents of, a nego�tiable ins�rument under the law merchant and the Negotiable Instruments 7�atsr of the State of Flogida, a.nd the or3g�nal holder and each successive holder Qf �his Cer��ificate, or of tYxe caupons appsrta,3.ning ther�to, shala bs cozclusively deemed by �.i.� acceptance thereaP to ha.v� agreed that this Cert3ficate and 4che caupons apperta9.nin� thereto sha.11 be and have a1]. the qua,l3ties a.nd incidenta of negoti�'�le instruments under the ].aw merchant and ihe I�e�otiable Insicruments T�aw of the State oP Floric3ae �Se or3g�na.l holder and each "success3ve hol�lar of th�.s� CertiPica.�e, and oP the coupons appertaining hereta, shall be conciusively deemed. to hav� agr�ed an3 conaented to the EolZowing tersns and condii�ians: (a) Title to �h3s Cer�9.ficabe, unless registered as kaerein provided, �..n� to the annexed intere�t coupon�, may ise tranaferred by de].ivery in �he raanner provided Por negotiable instruments payable ta bea.rer in the Iaw merehant and th� Negot3able Instrumen�s La.�r of the 3ta�e af Flor3tla; (b} Ar�,y �erson in poss�ssion of thls CertiPic�.te, unlsss r�gistered a.s herein providsd, or oP t�e intersst coupons h.ereunto apper�aining, re�ardle�s o� th� max�ner in which he sh�.:! 1 kia.ve acquired pAssession, is hex°eby authorized to represent h�.mself as the abaolute oumer hereof, �d ia hereby gran�Ged powrer to tr�.nsF��° ahsolute ti�].e hereto by delivery hereof to a bona f3de purchas�r t�aat 3s, to any nne who shall purcha.se the same i'or va.lue {present oi� antecedentj i+rithont notice of prior defena�s or eaui�iea or claim� oE ovmersYi3.p eni'orceab].e aga3nst his transferror; every prior t�lcer or owner of th.is Certiflcate, un].eas registered as herein providsd, a.�:d of the annexed intere�t coupons, wai�es and rsnounces al1 of his equiti�s and righ.ts herein in favor o� svery such t��na fiae purchase�, and svery such bona fi@e purchaser shall anquire absolute title hereto and to a17. rigYits represented h�reuy; and (cj 2`he City of Clea.r�rates may treat �Che bearer of thi� �ertiticate, un7.ess registered aa her.ein provided, or of` the interest coupons hereunto appertainin�, as the absolute owner hereaF Por all ptzrposes without being aPfect•�d by any notice ta �he contrary-. This CertiFica�e may b� r�gistered as to grinc3pal only 3n accordax�c� t�rith the pravisions endarsed hereon. d6w � �� IN 4iI�SS t�R�OR said City oi' Clearwater, Flor�.da, h�s issu�d this C�rti�icate a.rxcl haa caused th� s�me to be signed by ita G3ty Aud�tor 2r►d Clex•k and its Ci�y 2�ger, coun�ers3.gned by its I�.y�r�Co��sioner anc3 3ts corporate seal ta be affix�d hareto and has caus�d the �iteres caupons hereto attached to be �a�ecuted with th� fac simil� s9.gnaturea of all o� sa.id oPFicers, all a.s o� the first da.y of Apr�.i, ig5�t. CT�1.' ()F' CLE�ir7ATER, FLORiL'A � v u i.nr an , ar (S�a�.) � c�"y � ger �ounter�i�s.ed : yor- ommi.ss nner (FOR2d C3F GOUPQI3) No. On 'L-he da.y o� ,].9 ,(Unleas the Certificate to which �h3s coupon. is aivached sl�al.l ha.ve been duly aal�ed For red�mption axid pr�vis3on for the payment o� �:las redemption price duly made) the Ci�y oP Clear�vater, Flor?da, wi31 pay to the bea,xaer aic �the priracipal oft'3ce of R�� Ci7a.se Nat�,ona1 8ank o� �he C3.ty of PIe�r York, N�w York Ci�Cy, Neti� York, fa om the r�venues a.nd special fua�ds described in the Certi£icates to which �h:ls coupon 3s atctaeh.ed, ti2� gwn of Do�lars �� ), in lawful money of the U'n,i.ted States o� Ame�3ca txpon presentation and svrrender oP this eoupon, being ai� monihs interest th�n due on its R�creatian Hevenue Certi�icate, tla.ted ApriT 1, 195�, No. CTTY OF CI�ARWATER, FLOAIDA By i y u or an er By y ger �ountersigned: yar- o�nissioner (F'ORI�! OF VALiDA'1'TOTi C�ATIRICATE) Uaiida.ted and confirmed by deeree of the Circuit Court oi the S�th Judieial Circuit of Florida, in and for Pinellas County, r�ndersd on the day of , Ig54. er o e C cui�t Cour o 1'inellas Covnty, Florida (PIiOVISION FOR REGYSTRA`I'ION) Th3.s Cex°�3ficate may be regi.stered a.s to pr3n�ipal only in the aame of Lhe holder on the books to be kept by the City Tre�.surer as Regiatrar, or such oLher �?egistrar a9 may hereaPter be duly appointeci, such registratian being noted hereon by such registrar in the registration blanlc below, �f'ter which no transfer shal� be valid unlesE made on sa.id books by the regist�red holder or attorne;� du7.g author3zed and simiTarly no�d in the re�i�tration blank below, but it may be discharged fx�m registra�ion by bein� transferred to bearer, af'ter vrhic� it shall be tra.nsferable by de�ivez�y, but it may be again ae�ister�d as before, fine reg3stration of th3.s Certifieate as to principal shall not reotra.�n the negotiabiliiy of t�e coupons by deZivesy merely. DATE OF R.EGIS'1'fiATION TN U'BOSE IdAME RE�IS''rERr'� SiGNA'TURE OF i�SST�iAR ARTICLE III CdVEN�3dT5, REVEATiTE� AND APPLSCATI(3N TIiERE(?F. 10, �F.�t�T�'TGATES HOT fi0 BE IY�iDEBT.�I3ESS OF �'HE CIR�'c. Neither the Cert�.f3cates nor ecaupons sha�1 he or constiiute an indebtedness of the City, but �hall be payai�le solely �rom �he revenues af �he Stadium iiecreational �'acilities, Fra.nch�.se Taxes and othe�c special funcis, a� herein providefl. No holder or holder� of any Certif3cate� issued hereunder, or of a.ny caupons appertaini:7g thereto, shall ever have the r:igh� to compsl �Che exer��se o� th� ad valoretn taxing po�er o� the Ci�y, or ta�a.t3.on in a.ny form of` any real property �here3a, io pay sai.d C�rtif'3.catea or the in�erest thereon, or �o be en�iicled tn pay�aent o� such principal and :laater�st �rom an;,r otlzer funds oP the City e�cept the net Revenues of �aid Stad�um Recreat�.onal F�acilit3es, k'ranchise `t�.xes and a�her special funds, as prov3ded her�in. ..�p_ li. CEI3TIFSCA!i'�S SFCiJi3ED BY PZ�Fs 0�' R�FNtTI:S AND SPECTAL I'UNDS. (A) The pa�n►ent og 1;he debt ssrviee af al,l og the Cert3i'icates iasued hereunder sha31 b� �ecured i'orth�rith equaZly and ratabl� by �. lien on tkse net ii�evenues das�3.ved from said Stadivm Recreational R�cilities. 77se ne� Revenues der�.v�d from sa�.d Stadivan itecr�ational Facillties in an amount suf�icien� to pay the princ3p�.l of and intex°est on the Cestific�.tes here�n a�athorized, and to ma.ke the payments i�zta the reserve and sinking funds and a11 oth�r paysnents provid�d �or 3n this Ord:Lnance, are hereby ir=°evecably p]:edg�d to the p�.yment of the pr�.ncipal o� ancl interest on the �ertificates herein authorized as the same become due. (g) �e paym�nt o� the debt service on a.11 the Certificates �.ssued hereiuzder shail a.lso be �urther seaured �'o�thwith equally an� ratably by a pledge of �.nd liexa an the pa�oceeda seceived by the City f'ram the �'ranch�se Ta1.es, and th� City does� hereby isrevocably p3edge such pi oceeds of such Frsnch3.sQ Taa�es �o the pa,ym�nt of the principal of.'and interest on the Cer�ificate� issued pursuant to this Ordinaazce and to the creation and maintenance of the reserves thereios� provided in this �rc�inance . fihe �ity Treasurer of the Ci�y of Clear6,rater, Florida, �nd his suaceasors in office is hereby �onsti�iuted the trustee for the purpose� og this ordinance. A7:7. of the proceeds of such Fran�kiise Taxes race3ved by the City after the date cs� the Gerti�3ca�es �o be issued her�under, ta-eri�, April l, ig5�+, shail be deposi�ted in a trust �.eceunt by the City and ahall be di.sburaed therefrom in the raanner provided l�ere3no As moneys re}�res�ni:ing the p�oceed� of said k'ranehise Taxes are cbepositced in sa3.d truat accoun� by the Ci�cy and when moneys the�2in a.re availab].e, the C3ty shall pay over to the trusiee of and into the Sinking Fund h�:reafter created, an amoun% whieh, to�ether with the Nei Revenuea available therefor and thereto�ore deposited in saic� Sinking Fund, wi11 be no� less than the aggr�gate amount of prin�iga3 of and interest.an the Gertificates due and pa�ta'�le October l, �954, and Apr31 1, 1955� plus an addi�ional amount equa:L �o te;� per cent (10;�) oi the aforesaid principal and interest pa�yments to meet the requiremen�s of the Reserve A�daount prov�ded for in Section l3 (D�j {2) h�reof.o Af�er making the payments ther�from hereinabove pravider�, moneys deposited in said trust �c�ount in whicYs said Fa�anch�..se Taxes are depoait�d before July l, 1g55 �� the proceEds of such Franchi.se Taxes coliec�ed p�ior to �.y� z, ag55, �Y be �arithdra�n and appr�p�iated by the City �or any lawful pur�ose. �'rom and aPter July l, ig55, as u�aneys representing the proceeds of said Franahiae Taxea are deposited in �aid tx�st account by the City and when mone�r� there3n are available, the Ci�y aha11 pay� over �to the �rustee of and into the Sinking Fund herea�Pter crea�ed, an asount which, ta�ether with th� Rev�nue� avai�.able thare�'or and thereto�ore deposi��d in :�aid Sink�9.ng F'und, wilZ be nat less than i:he aggregate amaun� oi �rincipa.]. flf and interest on the Certificates which �,ii11 mature and become due �nd payable on October lst �.nd ApriZ lst next succeedin� each such Jizly lst pius an addi";3.�na1 �mount equal io ten per cent {].0�1 of such payme*�ts to meet the requiremen�s oi' the Reserve Accnunt prov3.ded for in Section 7.3 (D) (2) hereof . P�onEys so depos3ted in �a.id Sink3ng Fand shall 'be used for �h.e p�ax°poses and in the manner here3naf�er provideol. Whenev�s in aiay '�relve consecuici.ue mo�.th period beginriing J�u].y lst and en�iin� June 3�Oth, the C�.ty sh�.1Z have d�poaited in the S�ihki.ng I+und hexe3r.aftea° created and in the Heserve Account therein the aggre�at� snnual sums require� to be degosi#,�d therein as I�er�3nabove provided, moneys on deposi� in or deposited in sa.3.d trust accoun� in wh3.ch said £manchise Taxea a.�e deposited bef'ore the next succeeding Ju]:y lst, and the proce�ds of such Fs°anchise Ta�ces �ollected prior tc� the next �uceeeding duZy lst, may be url�thdrawra �.nd appropriated by the City for any lav�fu]. purpose, The �ity does Purther cavenant and agree that as 1:ong as any oP �he Cert�ficates are outstand�.ng and unpaid, as to either pr3ncipal or interest, accrued or tQ accrue, or unless p�yment thereof has been duly prowided for, i� ��ri3.l not repeal the ordin�.�e enae'ted Qetober T0, ].y'46, granting the franchise to the F'1o�i�3a, Pova�r Corporation and levying said F'ranchise Taxes, and wil7. nat axnend o� m.odi�'y sa3d ordinanee in any manner so as �o rec�uce the rate or amozsnt og Fr�.nci2ise T�.xes levied th2reun�er, ar im�air or adverse].y affect the obligation of the Flor3da I'ow�r Corporation, or aP 3ts legal repr�senta�tives, successors or ass3�;ns, �o pa.y, ar the power or obl�.gation of the City to levy and cailecl:, said Franchise �'a.xes, or impair or adversely affect in any manner the pledge of such Fraazchise �aaees made Yaere�.a�, or the rights o�' holders of Certi�icates isausd hereundere �ae City further expressly represents ti�at it has legal and va�3d power to levy and contlnue to levy and co],1ec�t said Franchise Tas:es in the ma.nner provideal �.n said ordinance enacted Oeto�er 10, 1946, not-srithstandin,� that the 7.egi�la.t3.ve author3ty eontaine�d 3n the Act ma.y be repealed, amendec3 or modified by the I,�:gis2ature af Florida prior to sucY� t3me; ancl ea3d City further repreaents tha� the covenan� en�ered into t�etw�en the City and halders of the Certif�cates purauant �o this Seetion ll (b ) constitut�s a valid a.xad l,eg2.�.1y bin�ing con�ract betw�en the C3.ty and such Certificate-hoZderg a_re not sub�ect �o repeal, irt►pairment or anodlf3catior� by the City or the Legislature o� th� State of F'lorida.. �e City hereby cavenaxsts with L-he holders QP �he Cer-ti�icates that, 3n the e�rent �� shal� acqu3re the eleetric po*Ner and diatribution facilities of �he Florlda Fower Corporation within the City, pursuant to the provisions ot' �he ordinance enacted G?c�ober 1�, i946, or othervaise, or in the event it sha11 acqu�.re, earestrucic or opers�e an e3ectric porrrer and �istribution system ti+;ithin the Gity in place of the elQctr-!c povrer and uistribu.tion syatem of the Florida Power Corporation, and the i�ra.nch9.se Taxes are not avail�ble to the C�.ty to make ihe paymen�s tk�eseirom required pux�suan� to the pravisions oF thi� ordinance, bhe City �ri�.l m�ce pRyment from iche n�t revenues first availab2e to it frQm the operation oP any such eleCtric power and dista�ibu�ion system sU owned, aequ�red, constructed or oper�ted by it af the amaunts required to be gaid �rcm the Franahise T�xes pu�suant to the provi�ions oS 'this ordinance. ..g� 12. AYPLICATION OF CIIt�T.P'ICATE PROCEEDS. A11 moneys recelved �som the sale of any pr aI7. of the $400,000 Certiflcates originally authorized and issued pursw�.at to this Ord�.nance shall be deposited by the Gity in a special acao,ar►t, ana �ha,ii only be ueed for, and applied by the Gity sole3.y to, �the paymea�$ of' tche co�� of the constructian, improvement an�. �c�ti�.pment of �aid Sta.dium Recx�e�.tiona3. i3'acilities, tY�e establl�hing oi a Reserve Accoun� in the amount of �15,000 which is }a�r�by crea�er3; and ather purposes provided in� this Ordinance, and i'or o'tYaer municipal p�:rpases. Zf gor any reason any portion of such proeeeda o� �a'!e o� the C�rt�.i'icaten are not necss��.ry �or, or are not �o be applied ta, the aforesa3d purposea, then such unapplied proceecis sl�all be deposited by the C3ty in the Reserve Account hereinabove created, in �,he SSn1�i,ng Fund ta be establiahed purauant �o �ubasectian n of �ec�io� 13 of th3.� Ordina.nee and ;shaZl be a�sed only for the pur�pose of the payment of maturing principa3. oP or 3nterest oza th� C�r�iPica�t�s when the other mssn�y� in the Sinkk3..ng Fund are insui'�icient therePor, atici �or no other purpose. AZ1 such proc�eds sha11 b� and constitute a trust Pund for such purpoaes and there is hereby created a lien upon sucY! maneys unti3: so appl�.ed, in.f av�r o� the holdesa oP th� C�x�tifieates. Moneys depos3ted in th� �pecia3 account pursuaaat to this S�ction 12, psndin� tlleir us� �.n th.e manner in thh�:s Ordinance provided, ma,y b� temporarily �.nves�ecl :in +direc� ob].i�ation� oP the United States of Amcrica maturing not later than five (5) years from th� dat�e of purcYaase or any oth�r obli�ations of the Un9.ted S`.ates o� America re�ardlesg of maturity �r intesest which obli�ation� �.re £ullg gua•ran�eed or must o�he�vise be main�ained in cash or savings �.ecount. �-3. C�VENANTS OF 3� CITY. So long as any o� the Certificates 3halZ be ou�standing and unpaid, os until there shalJ. Yaave been set apart in the Sinking Fund herein eatablished a sum auf'�ic3en� to pay, uahen due, iT�e entir� prinei�,al of the Cex^tifica�es remaining unpaid, together vr3th in'�eres� accru�d and to accrue thereon, the Ci�y covena.nts wi�h the holders o� az�y and a11 of the Certifica.tes 3s$ued pursua.#�t to this Ordinance 3� i'a],1,ova�: A. RElTES. Tt�at„ the Ci�y sr.rila, �ix, establ3.sh and main�ta.3n such ratea and colleet sucYa fees, rentals or other cl�.r�es for the services and gac313.ties oP said Stadium Recrea�ional Faci].ities (su'bject to the tea*ms af a.ny valid leases or 1lcensea �hen i� fore�), and revise same i'rom tim� to time t�henever necessary, as v�ill always provlde Reven�.es, together with the proceeds of the F`a�anchise �ea, sufficient to pay, 3n ��.e m�.rar�er speci�ied 3n Section 13 crf tYsis Ordinance, as2d out bf' said Revsnues ahall pay, as the same sha11 bccome due, the principal caF and interest an the Ce��izica�ss, in add3.tion to paying, as �he same �hal7. become due, 4:he necessary exP��s a�' oPera.ting and maintaining such Stadium Recreation�l. Faci3it3es, a�.1 res�rve or sinkixig i'unds or othsr payments provid�d i'or in th3.s Ord3nance, and �.II other obligations or indebteaness pa,yable out of the Aevenueg oi' s�uch Si:adiwn Reerea�ional FaciZities, and that sucYa ra�es, fees, rentals �.nd ather charges gha.11 not be reduced sa as to be insuf'iicient to provide Aevenues far such purposea, H• REVENUE F[RdD. 1h2t the ent3.re gross Revenues derivEd fro� the operation of said Stad3um i?ecsea�ional Facil3.ti�s shall be depositecl: ln a specia7. fund in a bank or trust company wh3:ch as a member of tlae Rederal Reserve Systens, v�dzich fuzirl is h��eby designated a.s the "3 ;asiium Yiecreat3.ona1 �"acilities Reven:ue �'uncl" (herein calied "Rev�nue Fund" ) Said fievenue Fund shall corast�tute a trust f"uzid �or the purposes proviried :in thi� Qrdinancs �nd shall be kept s�parat� and dis�inet Prem ali o�her funcis of tihe City and used only for the purpoaes and ira the manner provd:ded 3n sub-s�ction D of th3s Section 13. C. OPEi�A�ION AND A�A��I�GS. 3�:t i� rrill auaj.ntain in $oQd condition aa.id Stadiwn Recrea�3ona.l Facilities ancl v,ti7.7. operate tihe same either directly or through Zessees or licensees in an efi°icient and eeonomic�,l manner, making such exper�diture fbr equigm�nt ancl fbr renevtal, r�pair anci �regiaeements as may be ��ssary for the econam3cal operat3an and ma�.nienance t12��ea� from the Revenu� ' D. DISPOSITION OF �S. Tha.t ail Revenues at any t�.me remai.ning can depos3t in th� iievenue Fund siaall be d�sposed oY 3.n #:h� ��.lo�v3.ra� ma.nner and order ot' priorit� : {1) R�venues sh�ll i3.rst be used For the pa,y�nt oP a21 curs�en� QpeTating �cpenser� of' the Stadium Recreatianal �'acili�ies as 2here3n •d2�in�d, to �h� extent �h�..t tlie same are no`� �aa:Ld by l�ssees nr licenst:es. {2� 7�aesea£ter grom the maneys rem�ir.ing in thb Revenu� Fund, ttae Gi�y �ha.11 n�t later �laan the Y'i rst da.y of each caa.endax° month in eaeh �ear apporti�n and set s��iari: oui: af the sa3d R�venue Fu�d and depos3� in a f'�u�ad to be 1tr�o�rn as �he " "Re�reat:ton Aevenue Cer�3ficate Sinking F'uncl" ),�r ich i� hes�eby cre�ted and��`�� .t�� esba'b13.shed, an �maunt, which, to��ther with the amounts oi' th� proceeds of the � Fa°anehise Ta3ces ava�.labl� therefor and depos�.tec2 in ra3d Si�king i�arid, �rill be nat less than ane-tiwelf�h o� the aggregate a.mount of principai o�' and ini�rest on the Cert3Ficates which v�il1 matia..»e and hecome �ue 3nd paya�iZe an and pr3.or to �he next m�.turity ciate oF such Certificates; �rov3d�ri, ho�tever, t�cat whenever in any twe].ve consecut3ve mon�th period beg3.nnin� July 1st and endir� June �Oth ihe City shall have deposited in said S1nl�.i.ng �und the aggregate annual swn required �o be degosited '�iaere3n as above provided, no further pa:yments need be macle into sa3d Sinking Fux�d Fr-om �a�id Reereat�on Reven:ue Fund until the follo�v;Lng July 1st. �'iz� �ity ahall also f'rom the Recr�at3an iievenue Fund deposit in the Reserve Accounti 3n gaid Sinicing k�und no� later than the f3rst aay of �ach ca:i�r�i3a� �aQnth in each y�ar a.�a araouni; which, to�sther with the amoun�s o� the pnocae�3s of' the Franehi.se Taxes ava�lable therefor, and deposited in sa.id Iieserve Account, will. be not l�ss than an ama�an�t equal tq i�en per cent (10�) of all amounts required to 'b` pa.3.d for maturing principal and interest into the Sink3n� F'und, as pra�vic��d in the above �� °-9- pa�agraph, on �aid datea prc>vided ho�rever, �hat whenever in any tcvelve coneecutive r.nan'th period be�3nn3ng Ju1y 1st and end3.r� Jiu1e 30th, ithe Ci�y shall Y�ave deposite� in said Reserve Aecaunt the ag�regate anreual sum requix��d to be depositeei th�rein, as above provided, no further payments need be made in�� said R�serve 0.ccount f'rom sa�.d Recreation Revehue Fund until the follosving July l�t, and, provided further, thr,�,� no further ga.yal�nts �Fia].l be required to b� made into said Reserve Account when there shalZ have be�n depasited therein, and as �.nng as there ahall remain on depasit therein, the svm of �tverzty i�ive Thousand Dollars ($25,OOOj. Moneys 3n the Reserv� Aceount shali be used only for the purpose a% the payment of ma�s°3n� princ3.pal o�C or in�erest on the Certificates when the o�her moneys in the S3nking F'und are insufFic3ent �herefor, a.nd for no other purpose., in the event any withdrawala �re made from said Res�:rve Aecount�, such withdrawals shall be restored to said Reserve Accoz.ant from the i'irst ava3,lable Aeyenuea, or the proceeds of 'the �'ranchisa Taxes which are ava3lable:, after all payments have been made for ma.t�a�ing princi�a.3. af s.nd 3nterest on the Ger�ifiCates. �e Gity sha.11 not be requ3reci to mai�e any iurther paytnents into said Sinkin� Fund or into tY�e Reserva Acaatuat in said Sinking a�.tnd when the aggregt�.te amouxlt of Punds in both said Siniclr� Furid and said Reserve Aecount axe at least equal to the a$grega�e pr3ne�.pal amotznt o� Certificates issued pursuant to th3� Ord3.nance then ou�standing, plus �he amount of in�erest then due or therea.fter to b�came due on said Cer��ficates then outatanding. (3 j T'raereafter the rraoneys rema.ining in f,he Rec�eation Revenue Hizn.d shall be used to establish and se� up a Renec�al and Replacement i�und ancl the City shaZl pay annually �.nto said fund �rom the Recreation Revenue Fund on �he First day of Ju1y oP e�eh year beginn� rrith July, 1g55, an amount which shal]. be equa7. to fiue per centum of the gross revenues actual,ly receivecl:and co2lected ior the serv3ces and iaciai��.es of sairl S�a3ium Recseaicional Fac3.3:ities dur3n� the pr�c�d�,ng twelve consecutive m�n.h pesiod. 7�ae funds in such Renewa2 and Reglacement Fund sha,ll be useei only �'or the purpose of pa.y�.ng the co�t of ex�ensions, improvesuents or adc3.i.tions to or the replacemen�i of cap:�'�a3. assets of said 5tadium itecreat3onal Facili�ies, or any par� there�i. (�k) Ii c�n any pa�yment da�e the Revenues together with other available funds, are 3x�sufPic3ent to place the requ3red amount in an�* of �the funds aa hereinb�fore provided, �he defic3.ez�y shall be made up in the stabsequen� paymen�s in addition to the pa�rraents which woul.cl othex^rrise be recguired �o be rna,�le lnio the Fund9 on the subsequent p�.yment dates. �5) 7�ereaf�er, �he balance of" a,ny Revenues rema.in�.n� a.gicer a27. other required paymen�s 3.r�t4 t�e f"unds provided above have been made, �na.y be u�ed by the C3ty in any manne� requised or pe�mit�ed by law. (6) :L'h.� ,Hecreat3on Revenue i�and, Sink3.ng Fund ar�d Reserve A'eeount there3n, a.nd the: Renetval anti I3eplacement Fur�cl, anrl all other spec3al funds sat up and: created by �h.ia OrBinance sI1a7.1 con�titute trust funcls for the purpose provideci here3n for �uch Yuncl.s, and sl�.a.l1 be degosited a;na maintai�ed in a llatic�nal Bank or fi.ez.as� �oa�pany in the City of C3ea.rwater, Florida, A11 oF such i'�inds sha31 be continuous]:y secu�ed in the sa�e ma.nner aa State and I�iunic3pal deposits �f funds a.x�e required to be secure�l by the la.ws of the State of Florida; pravided, h�Aever, t�iat the o�sl3gat�.ona secur9.rig �uch �unda s%.11 b� at al1 t3mea at least equal in max°ket valtie to the amount o� money in said fund:se fihe mon�ys 3n the Reservs Accoun� in the Sinking Fwazd and in the Rezi�wal and RepZacem�n� Furid ma4 be 5.zawes�ed by the City in direc� obl3gations oi' ihe Ua�:tec� States o�' America or a mustc p�hervr3se be mainica3.�ed in cash or savi�s accounts. ' E, SAI� OI� S�ADItJM R'�CR�ATIONAL FACILITIES. �hat said Stadiura Reereaic3.on�.Z Facilit3es, or any par� ther�of, may be so1d, mortgaged cr otherwise d3.s�osed of only if the net groceeds to be reali�ed sh�Il be suPf'3.cier_t Pu11y to x^e�ire ali of �he Gert�.ficates issued pursuant to thi.s Ordinance and all interest th�reon to iheir respect3ve dates of maturi�y or earlier redempt3an da.te. Th� praceeds f�cm sueh sale, mortcgsge, as^ othpr disposition of said 3ta�i3ura Recreational Racilities sha�.Z i�ediately be t3eposi'i�c3 in tYt� Sinking F�und ana sha11 be used only Par the pv�pose of pa.ying th� p,rixacipal of ancl 3nterest �an tne C�rti#`ica'tes isaued nurs�sarat to this Ordinance as �he same aha].1 become due, or �he redemptiAra o� callab]:e Gertif3cates at a price not gxeater tilan the redemp�ion priec tYzereof, After alZ af such principa3. and inter�st ahall have been duly paid and ret�.red any balance rea�aining 3n sa3d fund shaZl be rem�9:tted to the Gity. The leasias� or licensing of said Siadium Recrea�ional Facili�eles, or o�' parts thereof, �hall not be deemed to be a sale or disposition of sueh Stac�i.um Recreational Facil.itiea as long as the City r�ceives reasonable and gair rentala or incom� under such leases and licensse and iche same ar� payable into the Revenue Fund. F, ZSSUAI�tCE AF 0`3.'FIEFt OBLICrA'i'IOI�TS PAYitBLE OU7' OF REV�,'NUES A,'+3Ia £'RANCi�ISE TA}'.ES. �ta� the C3.ty wi11 not issu� any other obligationa, �xcepb upon the condi�ions and in �he manner provided in this ordinance, pa.yable from the Reve.iues derived from the Stadium Aeereational Facilit�.es or said b'z�anchise Taxes, ror voluntaril�r create or cause to be created any deb�, lien, pledge, assigrunent, �ncumbranc� or any other ch2;rge, ha.v3n� priority tc or be3ng on a parity wi�th the 1i2n of the Certlficates issued pursuant to this Ox°dinFsr►ce and the in'cerest ther�o�, upon any of the Revenues o� said Stadium Eie�reationa.l Facilities or Franchise Ta3zes pled�ed aa secur3.ty there- for in this Ord3.nance. Any othex° obSigations ist�ued by �he C3ty, in addition to the Cert:CPicates autharized by this Ordinance and pari pasau additional Gertificates authoriz�d by this Ordinance, akial]. contain an express staternent that such o'bligatiana are junior and subordina.te in all respects to the Certiflcates issued. pt;rsuan� to ihis �dir,�nce as to lien and source and security far payment from the Revenues Qf said Stadium Recreational Facil3ties and Rranchi�e Taxes. -10- (�. INSURANCL�. Tha.t �he �City w�? 11 carr�y, or ca.use to be carried �or ita benefit, sueh insurance, and ln such aznounts, as 3.s or�inarily carried by private cor�orations ownir� and aperatin� sim'i.lar imn�+ovemen�s and facilitles w3th reputabie inaurance carrier� against loss or damage to the Stadium Rscreational FaciZities, and said prnperty loss or damage �.nsurance shall at all times be in an amount or aanounts equal to the fair appraisal value of the buildin�s, properties, fa�ilitiea, impravements, furniture, fixtures and eq,u3pment of' said Stadiura Recrea�ianal Facilitie�. In time of war, the City shall also cax�ry in said amount s�h insuranos as may be available against Iosa or damage by the riaks a�d haza�ds o war. H. �300FCS, ii.ECORDS AND INSPECTION. That the City v�ill keep books and records. of said Stadium Recreational Fzcilities which sha.11 be separate and apart from all other books, records and accounts of the City, in which complete and corr�ct entries shall be ma.de 1n accordanee rrt3th standa.rd principles of accounting of all transactions relating to said Stadium Recreational Facilities, and any holder of a Certii'icate or Certifi�ates issued pursuan� �to this Ord�.nance shall have �the right at all re�son- able iimes to 1.nspect said Stadium Recreational I�a�ilities, and a11 p�.rts the�eof, and a�11 records, accounts and da.ta of the City rel3ting thereto. The City shall, on July lst of each y�ar, cause the books, records �nd aceounts of said St�.ditun RecrEationa.3. Racilities to be properly audited by an indspendent certified pubYic acc�untax�t of recognized stcanding and sha11, upon request, make available within g0 days aft�r the end of each sueh year, the report oi' said a�countant at all reasona.ble times td any holder or holders of Certii'icates issued pursuant to this Ordinance. Promptly after the receipt of such audit report a copy thereof shall be mailed by the City to any Certi�icate holder who shall have filed hia address with the City and rec�uested in writing that copies of such reporta be furn�.sh.ed him. 1. CONSTRUCTaON AND :�U4TNr�ENANCE OF STADItTP� REGREATIONAL FACILITIES. That the City wi1.l complete the coz�siructinn, improvement and equipment of the Stadiwn Recreatioria:l Facilities pPov3ded for in this Ordinance ivith a11 �racticable dispatch, and tivi11 maintain said facilit3es in good condition and continuously operate the same in an eFficient manner and at a reasona.ble cost. �. SERVICES RENDERED TO R'f� C�TX. That the Ciicy t,rill not render or cause to be rendered any free serv3ces o� faoi�iti�s of any nature by said Stadivm Recreational Facilities, nor allow �.ny use or oceupation thereof withQut reasona'ble charge there- fore, nor tiaill any preferential ra�;es be established for users of the same class; and in the ev�nt the City, or an,y department, a�encS*, instrumental3ty, o�ficer or employee thereof, shall avail itself or themselve:.. of and use such Stadium Recreational Fac�.lities, or any part tliereof, or occupy said Siadium Recreational Facilities, or any part ihereof, the sasne rates, rentals, g�es or charges applicable to other pasties using like faci].ities under sim3.lar circumstances shall be charged the City and an,p suah department, agency, instrwnentali�Cy, ofPicer or employee and all such rr�.tes, rentals, iees or charges �ha11 be reasanable. The City shall req ire any lessee or licensee to observe and enforce the provisions c�f thi� subsectiox�J. SucPs charges shall be paid as they accrue, and the City shall transf2r i'rouc its gener�.l funds 3uff'icieizt sums to pay such charges. The income so received sha11 be deemed to be Revenu�s derived from the operation of' the Stadium Recreational Faoilities, and shall be depos3ted and aecounted for in the same manner as other Revenu�s derived from the operation of tk�e Stad.ium Recreation3l Facilities. . K, OPERATING BUDGET. That the City shall annually, at the same time and in the same manner that it �repares i�s annual municipal d�udget, prepars and adopt by resolution of its governing bady a detailed budget of the est3.mateci exp�nditTares for operation and ma,intenaa�e of tne Stadium Aecreational Racilities dur3.ng such succeeding �iseal year. No expenc3itures for the operat-�on and ma.intenanc� af such Stadium Recreat,ional Facilities sh2.11 be ma.de in any Fiscal year in excess of' the amounta provided th�refor in such budget without a written findirtg and recommenda- tion by the geizeral manager o� such Stadium Recreatlonal Racilities or otl�er duly authorized offlcer in c�arge thereoi, �rhich findin� and recanunendation sha11 state in d�ta3l the purpose of and necessity for such increased expenditure for the operatian a.nd maintenance of such Sta.dium Recreational �acilities, and no such incr�ased expenditures shs.11 be made until the governing body of sa3d City shall have approved sueh �inding ax�d recommendation by a resolution duly adopted. No incre,ased expenditures in excess of ten per centum of the amounts provid�c for in such bud.�et sha.Z1 be made without �he �urther certificate oi an independent recognized consu7.ting enEr,ineer that such incr€ased e:�ependitures are necess�.ry fbr the continued operat3on and maintenanee o�' said Stadium R.ecreational F'acilitiea. The City shall mail copies o�' su�h annual budget and all resolutions authoriaing increased expenditures for operation and maintenance to any holder ox� holders of Certificates wha sha1Z file his address with the City anet request in writin� that copies of all such budgets and resolutions be furnished him or them, and shaZl make available such bucigets and all resalutions authorizin� increased expenditures for operation and maintenance at all reasonable t3mes to an� hal�ler or holders of Ceriificates issued pursuant to thie Ordinances �r anyone acting for and in behalf of such Gert3�icate holder es Certificate holders. L. ISSiJANCE OF ADDITIONAL OBLIt�ATIONS. �at no additional obli$ations, as irx th3.s subseciion defined, payab�e par3 psssu out of the Revenue F'und or Franchise Taxes sha11 be created or 3ssued a.fter the issuance of any Certificates �ursuan� t� this Oi^dinance, exeept under the cond3tions and in the manner herein provided. No such additional pari pa�su obligations ahall be issuea or cre�ted urn.Zess the Net Ref*enu�s of such Stadium Recreational Facilitiea daring Lhe preced3ng tvrelve consecutive montha, tog�ther with the Franchise �'axes colZected durin$ such pre- eedin� tVrelve consecu�ive mo�th period, sha11 equal at least one and one-half tianes the high�st ag�regate prin��.�al anci 3.n�erest requirements for any succe_�.ing twelve _11- consecut9.ve month period on all Certi.Pic�.tes theretoSore issued and still outstanding under thi.s Ordina.nce includin�; aciditional par3. �assu oblig�ti.ons theretofore isaued pursuant to this Ordinanee and still outstand:Lng, and on al1 such addit3.onal obligations to be issued. The term "�.a�3itional pari passu abliga�ions" as used in this sub-section I� sYaa.11 be deemed to mean addi�ional obli�ations evidenced by CertiPica�es issued under the prov3sions and. within the limitations of this Ord:Lnance payable from the Revenue Fund and other special funds prov3.d�d herein pari passu caith Certificates originally authorized and issued pursuant to this Ordinance. S�ach Certificates shall be deemed to have been issued pursuant to this Ordinanc� the same as the Certificates o�iginaZly author�.zed and issued pursuant to tl�1:s Ordinance, and all of the covenants a.nd other provisions of th3s Ordinance (except as to details of suoh C�rtificatea evidencing such additional obligations incons3��tent therewith�, shall be for the equal b�nefit, protection ana securi�y of the holders of any Certificates c�riglnally au�kaor�,zed and issued purs�ua�t to this Orciinance and the holders of any Certificates evidencing add3.tional pari passu obligations subsequ�ntly created within the limlta- tions oi' and in ccrapliance with this sub-section L. All of such Certificates, regardless of the time ori times of their issuance, sha.Tl rank equally with respect to their lien on the Revenues and b'ranch�.se Taxes and their sourcea �.nd sec�urity �or payment from said Revenues and Rranchise Taxes without preferen�e oF any C�r'�ificate, or coupon, over any o�ther. A11 add�.tion.al pari pa�su Certif3.cates issued pursuant to this subseetion L sh�ll be dated ApriZ 1 or October ,l, ahall mature on Apri1 1�f each year of m�turity, aa�d �he se.xni-annua2 inter�st on ar�y of said additional pari passu Certificates shall be payable on April 1 and @ctober 1 of eaoh year. 2`he term "addi�ional pari passu obligations" as used in this subsection L�hail not be deemed to include bonds, n�tes, certifieates or other obligations subsequently issued, the lien of' which on the l�evenues and Franchise Taxes is subject to the prior and sugerios lien on suc12 1?evenues and Franchise Taxes af C�rtifi��.te� issued pursuani to this O.�dinance, and the City sha13 not issue any obligations wY�atsoever pa�able from the Revenues or Franchise Taxes rrrh3.ch ran1s equally as to lien and source and sect�r3ty for paymen� from +~uch Re��enues nr FrancY�.se Taxes wibh Certi�icates isaued pursuant to th3s Ordinance excep� in the manner and under the conditions provided in this sub-section L. i�o additiona2 obligazions, as in thia subsection dafined, sha:ll be er�ated at any time, ho�rever, :anless all oi' the payments into the respective �'unda prov:Lded for in this Ordinanc� on Certificates then outstcanding, and al3 other reserve or sinking �unds, or other payments psovided for in this Ordinance shall have been made in f u11, and the City sha11 have fully comp7.ied vrith all the covenants, agree�nsnts and t�rms of' this Ordinance. M. 'ia�i�EDIES. Any hald�r oP Certifi�ates or oi any coupons pextairing thereto, issuec3 uncler �he provisions of' this Orciinance, or any firustee act�ng for such Certii'icate-ho7.ders in the manner hereinafter provided, mays eithpr a� 1aw or in �quity, by suit, actio�, mandamu� or other procee3ing in any court of competent jurisdiction, proteet and enforce a.,.y and all r3gh�s under the Zativs oi' th2 State cf Florida, or granted and contained in this Ordinance, and. may enforce and compel the performance of` all duties reduired "by this Ordinance or;by any appllcable statutes to be perz"o�ned b;� the Gity dx� i�y any o�ficer thereof, i.ncluding the f3xing, chax�ing and colle�ting of rates, renta2s, fees, and charges for sa�d Stadiiun Recreational Facilities, subjec� to the grovisians of any valid leases or Z�.cenaes of eaici Stadium Recreational Racilities or any part thereof. In the eveni that default sha13. be made 3n the payment of the interest on or the principal of any of the Ger'cificates issued pursuant �o this Ordinance as tne same shall be come due, or in the making of the payments into any reserve or sinking fund or any other payments requir2el �o 'be made b;� tY�is �rdinance, or in the event that the Gity or any of'fiser, agent or empZo�ree thereof shall fail o�� re�use �o comply with the gravisions ot' this Ordinance, flr shall dei'ault in any covenan� made herein, and in the further event that any such defaul� shal3. continue for a period of th3rty (3�) daYs, any holder o� such Cer�ificates, or any Trustee appointed to represent CertiY3cate holders as hereinaPter provided, sha1.J. be ent3tled as of' ri�h� to the appointment of a receiver of such Siadium Recr�ational Faciliti�s in an ap�ropri�.te judic3al proceeding in a court of competent ju..�isdSetion, whether or not such hol.der or Trustee is also seeking or siia.l2 have gought �o enf'orce any oti�Ar right ar exescise any other r�medy 3n connection with GertiPicates iasued pur.suant to this Ordinance> The rec�iver so appointed shall farth.with, directly or by his a�ents and attorneys, enter inta and upon ansi take possess3.on of suah Stadium Recreational Racilities and each and every part the�^�of, subj�ect, however, to �he rights oi any. 1e�sees or licensees, and in the name of �he City shall exercise a11 the righta ana� poJter� oP �he Ci�y w�.th respect ta such Stadium Recreational Facilities �.s the City iteelP m3ght do. Such re�eiver shall col?ect and receive a�:1 Revenues, ma.:ln�a�n and operate such Stadium Recreational F`ac9.lities 3n the manner p�ovided in thi.s Ordinance, and comp�y under the jurisdiction of the court appointing such rece3ver, vrith a1i og the provisions of this Ordinance. Trihenever aal tha.t ia due upon �ertificatea issued piarsuant to thi� Ordinance, and intez^est thereon, and under any cavenant� of �his Ordinance ior reserve, s3:nking or ather funds, and upon any pther obllg�.tions and 3.nteres� thereon, hav�.ng a eha.rge, 11en or encu,n'branee upon th� Revenues ar Franchise Taxes ahall ha.v� been pai�d and made good, and all de�aults under the provisions oP this Ordina.nce sh�.7.1 havs r�en e�zx�ed and made goad, posaession of such Stadiupu Recreational Faci7.ities shali b� surrendered to the t;ity uppn the entry of ar� order of the court to tha.t ePfect.. Upon any subsequen� defaul'�, any ho].der of Certif icates 3ssued pursuan.t to thia -12- Ord.�.nance or any Trustee appointed for Certif�a.te Yaolders as hereina�'ter ��ov�.a�a, sha11 have the sam� righ?� tco secur� �he furthe� appointment of a reaeiver �zpon any such subaequent default. Such receiver shail in fihe per�ormance of the povrers hsreina.bov� �onferred upon him be under th� direction and supervision o£ the aourt making such appointmex�t, shall at al1 times be sub�ect to the or;�nrs and decrees of such court and may be removed ther�by and a successor receiver appointed i� the discretion of such court. Nothing i�erein contained sk�all limit or restrict the jurisdiction of' such court to enter such other and further orders and decrees as such court may deem neceasary or appropriate for the exere�se by the receivsr of any function speci.fically set forth h�rein, . Any r�c�iver appointed as proVided her�ein sha11 hold and operate sueh Stadium Iiecreational �acilities in the naxne of the City and for �he �oint proicection and benefit of the City and ho7.ders of Cer�ific�.tes :Lsaued pursuant to this tird3.nance.. S�ch receiver shall have no power to sell, assign, mortgage or otherTuise diapose o�' any asseta of any kind o� cYiaracter belbn�3n� or pertairaing to such 3tadium Recreai:ional �'acilities but the authority of sueh receiver shall be limited ta the posseasion, op�ration and maintenanee of s�ch £acilitiss, subject to the ri�l2ts of any lessees or licensees, for the so�:e purpose of �he protection of both the City and Certificate holders, and the curing axid malcing good of any def ault under the provisions of :his Oa�clix�ance, and the title tp and or�mership of such Sta.dium Recreal�ional Facilities sha.11 remain in the City, and no court shall have az�y ,jurisdiction to ent�� an�t order or decree permittin� or rey,uiring such receiver to sell, mortga�e or otherwise dispose of any part o£ such ga�ilities. The holdes or holders af Certificates in an aggregate principal amou.nt of not less than tvrenty-five per centum of Gertificates issued under this Or�.inance then outstanding m2.y by a duly �xecuted certificate in writing appaint a trus�ee for holders of Certificaices issued pursuant to this Ordinanee with authority to represent such Certifieate hoZders in any lega3 �roceeding for the enforcemen� and protection oi' the r3�hh:ts o£ such Certif3.cate holdera. Such cert33:tcate shal7. be er.ecuted by such Certificate holders or their duly authorized �t�orneys or repre�enta- tives And sha11 be filed in the of�ice of th� City Auditor and Cisrk, N. ENFORCEMENT OF COLLF,CTICNS. fihat the �ity will diligently ei�#'orce and colle�z al1 fees, rentals, rat�s ox o�her charges for said 3tadiiam $ecreational Facilities, and tiake all steps, actions and proceedings for the er�forcement an3 collection oF auch feas; rentals, r-ates or other charges which sha].I become delinqueni. to the f'ull extent �ermitted or authorized by the Charter af said City and by the laws of the State of Florida.. AI3TICLE Iii A7ISCELLANEOUS PROVISTONS. 1�k. MODIFICAT�ON OR AI+'�NDMENT. No ma.terial modiiication cr amendment of 'ckLi.s Qrdinance or of any Ordinance or resolution amendatory hereof or suppiemeilta.l hereto, may be macle w3thout the consent in ws�iting of the holaers of two-ichirds or more in pr�ncipal amount oF the Gertif�.cates then outstanding; provided, hawever, tha.t no modif3cation or amendment shall permit a change in the maturity o� such Certii'icates or a reduction in the rate o� 3nterest therecn, or in �he amoun�c of the princ3pal obligation or affecting the unconditional prom3se of the �ity to maintain rates and rentals for tMe Sicadiutr Recreational FaciZities, and the levy ancl coliection of �ranchise Taxes, as hcrein provided, or to pay the principal of and inter�st on the Certit'icates as the same shall becoae due from the Revenues a.nd Franchise �Paxes, without the cons�nt of the holder of such Certificates. 15. SEVERABILI7.'Y OF INVALID PROVSSIOPd. If any one or more of the covenants, a�reements ar provisio�s o�' this 0�::inance should be held contrary to any express prov3sion of law or contrary to the policy of �press law, thou�h not expressly proYnibited, or against public policy, or shall for an� reason whatsoever be held invalid, then suck� covenants, a�reements or provisions shall be null and void and shall be deemed separable i'rom the remaining covenants, ag�reements or provisions, and 3n no ti,ray affect the val�!dity of all the other provisions of this Ordinance or of' the Certificates or coupons issued ther�und�r. 16. REN'UNDINQ (�' CERTIFICATES. If tlae Gity sha11 at as�y time hereaiter 3:ssue Gertificat�s, by sale or exahange, to fund or refund �y of the Certificates issued pursuant Lo this t)rdinance, the ordinance or other proceedings authorizing the issuance oi' such fundin� �r refunding Certificates may grovide that the holders of such funding or refunding Cert3fica�es shall have the sam� lien and alI the rights and re�medies of the Certificates so funded or refunded; pravided, however, that such funding or refund3ng Certii'icates sha11 be in like princ:Lpa1 amount and shal7. bear the same dates of maturity as the Certificates funded or refund�d by the issuance thereof. 17. ISSiDANCE AA1D SALE OF CERTII'ICATES. 'Ihat said $400,000 Recreation Revenue Certificates authorized to be issued by this �rdlnance sha12 be issued a.nd sold in such amounts and in such manner and at such price or priaes consistent urith the provlsions af' this Ord:tnance, a�s 'zne City Commission shall hereafter determi.ne by resolution, 18. Tha� Cha.rles M. Ph311ips, Sr., G�ty Attorney, be and he is hereby authorized and dlrectsd to 3.nstitute apgropria.te proceedings in t�ae Gircuit Court of the Sixth Judicial Circuit of' F'lorida, in and for Pin�ll.as County, Florid.a, for the vaZidation of saia Certificates, s.nd the proper officers of the City are hereby au�horized ta verify on 'behali' of f,he City any pleadir��s in such praceed�.z�gs. a�3a 19. �at it is necessary �'or the immediate pr�sesvatican nf the public peaGe, pr�sperity, health, and saf'ety oF t;he Ci�y o� Cletax�water and 3ts aitizens and ° iral2abitazitS thaic the cons�ruct�.on, 3mnrovement and equi.gm�nt of said Stad3wn Recrea�ional k'aci13.t3es, as su�horized herein, be unc�ertalcen ar�d compl��ed wi��. the least possibls d�].ay, anca tYeia Ordinance is Iaereby� declared to be an em�rgency measure and sha].l talce e�fect npon its passa:�e ag provided by 1aw. 2G. `�`�a�.� a11 ordinanees and resolu�ions of the �ity Comm3.ssion of the City flf Glearwater, ox� pa.x°t� them eof, ir� conf'lict with th� prov�.sion� o�' this Ordinance are �o fche extent a�' such eonflic� thereb,y superseded and repealed. PRSSFd? flN` FSRST i3EAD71�Q April I2, 1954 PAS5E3� ORi SEGOND RF1,`DING ApxYil ].9a 1��F PASS£�D OIJ THIRD AND FF1Vl�I, READAVCr AND ADQP`1'FsD Apri�. 3.9, 195� /s/ Herbert M. Brown riTayor-��mr.is sioner Rttest: /s/ H. �. Wi�a Gi�y Auditor axxd Clerk {CITY SEAL� ��