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10/29/1954 .' '" \', ..':. , .: '... ... t' :...... 'L,\.'~'_""'._ ,', . ",:. ::., ". .. ,.,.~L~:L~',';::~,::~ ,~jJr;?i~~iWit~~;i2~Jilii~~~R~}j~~t~~Jt:~~IT~~j1i\'ld~t~tt~~'., CITY COMMISSION MEETING October 29, 195~ The City Commission of tbe City of Clearwater met in special session at City Hall, Friday, October 29, 1954. at 12:15 P.M. w.Lth the following members present: ,;.;",~.\. '''''I,,''d~ .', ,IJ Herbert M. Brown John W. Bates Guy L. Kennedy Jack Russell W. E. Strang, Jr. Also present were: F. C. Middleton ..-,___~......."'_" Chas. M. Phillips, Jr. S. Lickton G. T. McClamma Kayor-Comm!ssioner Commissioner Connis doner Commissioner C olDlll1s do ner City Manager C lty Attorney City Engineer Chief o€ Folice The meeting was called to order by the Mayor who reported that an idea bad been presented to him regarding having the Federated Garden Clubs of the Clearwater area beautify the intersection of U.S. 19 and Gulf-to-Bay Boulevard. He suggested taking SaDe official action on the project. Cammissioner Russell moved that the City Commission go on record as giving endorsement and approval to the request that the Garden Clubs of Clearwater put flowers mod shrubbery, etc., at the intersection of" Route 19 aId Gulf-to-Bay Boulevard and go on record also that the City will try to get permission from the State Road Department for this project and help in a reasonable amount. Motion was seconded by COll11llissioner Kennedy and carried unanimously. The City Manager reported that the Clearwater Garden Club had asked permission to use some area in the City to develop a Kibiscus Garden. He requested the Mayor to appoint a Commdttee to work with him and the Garden Club in selecting a site on some City property to turn over to the Garden Club. Tbe Mayor appointed CommissioMrs Kennedy and Russell on this Committee. Tile Mayor offered to serve also. " The Ci~ Attorney reported that Ordinance 666, the Bond Ordinance, had not arrived from the bond attorneys in New York City. Mr. R. W. Spragins stated that he had word that the ordinance bad been mailed and ~ould arrive sometime that afternoon. It was suggested that the meeting be adjourned to later in the aCternoon to read the Ordinance. The Clerk reported that ne had received no requests from any freeholders to have their names added to the qualified list of ~reeholders which had been compiled by the County Registrar. The Clerk having received no request for an addition to the list of freebolders and there being no persons present requesting that their names be restored to the list or freeholders, Commissioner Strang moved that the list of Creeholders has been reviewed and that there have been no names improperly oDitted or stricken therefrom and that the registration list so submitted is hel~by approved and shall constitute the list of voters eligible to vote in said election. Motion was seconded by Commissioner Russell and carried unanimously. Tbe Clerk reported that he had inspected the voting machines to be used in the November 2nd election and had found them to be properly prepared for the election. The report submitted by the Clerk is ~et ou~ in the following pages or these minutes and by reference is made a part bereo~. Commissioner Strang moved that the report be received and approved and made a part of the record. Motion was seconded by Commissioner Bates ard carried unanimously. The City Manager reported that a six foot easemen~ had been retained by the City on ehe south side of the Baptist Church property which parallels the north side of the lawn bowling courts. He stated that the or1~nal easement was for the purpose of baving room for the poles, guy ~rest etc., to hold up the sprink- ling system for the lawn bowling courts. However, since the Baptist Church is planning to put turnbuckles in the side of tneir new building and the guy wires could be connected to these, he and the City Engineer were recommending that. the easement be reduced to three feet. He stated that the matter had been discussed wi to the attorney for the church and suggested that the City Attorney draw up an agreement which would gi ve permission for the City to tie the wires into the side of the proposed building. Commissioner Strang moved tbat the six toot easement on the south side of the Baptist Church property be changed to three teet by whatever process is necessary and the proper officials be autborized to do same, subject to the City's being allowed to tie some ~y wires to the south side of the building. Motion was seconded by CODlIDissioner Bates and carried unanimously. At 12:45 P.M. the Mayor declar~d a recess until 5:15 P.M. and stated tba~ he ~u1d be unable to be present at that time due to a previous commitment. The Commission reconvened a~ 5:15 P.K. Commissioner Strang moved that due t;o the absence of the Mayor that Commissioner John W. Bates be elected Mayor pro ~ea. Motion was seconded by Commissioner Kennedy and carried unanimously. The City Attorney read Ordinance 666 WbicB would aueborize subject to a referendum the issuance of 43 .~50, 000.00 general obUgati on bonds. CommiSSioner Strang moved that Ordinance 600 be passed on its first reading. Motion was seeonded by Commissioner Russell and carried unanimously. .' i ...., ".' ""/1 ' '~, '1/ ~. ' ;.,.... , .. :7:...'. '~;2-:')i(:?);\~r.* : '. '. . . .', ' ~~ , .: . , " " :..: " ~. . ~ : , !,', . ".' '."l -2- CITY COMMISSIOfi KEETING October 29 J 1954 'l'be Cit;y Attorney read Ordinance 666 on its second reading. Commlse1oner Russell moved that Ordinance 666 be passed 011 it;s second reading. Motion was seconded by CoDUDissi ODer Strang and carri ed unanimously. Commissioner Strang moved that; Ordinance 666 be considered on ita third and final reading by unanimous consent of the ColDID1ss1oners present. Motion was seconded by_Commissioner Russell and carried unanimously_ The City Attorney read Ordinance 666 on ita ehird reading. Commissioner Russell moved that Ordinance 666 be passed and adopted on its third and final reading. Motion was seconded by CoDmdsaioner Kennedy and carried unanimously. Commissioner Bates emphasized that no bonds would be issued for assessable 1~eD8 and they ~ll not cover new facilities for property that has never been assessed. There being no further business to come before the ComDdssion, the meeting was adjourned. At test: M4~4-'- -- , " , .: ,1,. '.. .;,.:\".'..,,'. ,,,',',..- . ...V.._.7....\f1f..\.,........\Ih"':.,~,~~.""<..:;;......,.."':;,. -.". Gentlemen: The City Commission will meet in Special Session on Friday Noon, October 29, 1954 at 12:15 P.M. in the City Hall Auditorium for the purpose of discussing the following items: 'l',. 'I:'./:.;,','"i':~""'^"':";".""~"~'~"'~lf,>~,~,:~,~,\,?'~.',;,:,!.':".,'.',;. ;',.._..':,.~...';',',~,~,..:,.~/,,',;,'...;. ',I~~~';'~~'_~~L'" ;,.,:',:~.~,'.~.':.: ':' ',\'., ,~.:;.',:" ::::f(i::;',, , , " .' " . , ., ...-'~_~ _._ _ _ _ _ __ .~_ _ ~ ~ .,;..:.~~_~ ..._,~'.~....~.t. .~.~JM~~;<':""':'" ~"'~;~.~~f;''''''~.;'')~''':lI'';';'~''' ~n"'<.. .,:...it'';4..~I'':.._,_;', ..._.:~:.... n..' '~"..." " ~:,,..:;..:~;........,.:. Mayor Commissioner Herbert M. Brown Commissioners Jack Russell, W. E. Strang, Jr. John W. Bates, Guy L. Kennedy October 28, 1954 " . .,. t, :)~j -. I.' ; " " "hI 0). t;~::;;~l~!r~ I., ' ,..... ..,.,.,.' t;~~:i%~i:j:I.~; : CITY COMMcrSSION MEETING October 29, 1954 1. 2. 3. Ordinance #666, Bond Ordinance. Reviewing of the list of Registered Voters. Report from City ~lerk. FCM: s Very truly yours, /s/ F. C. Middleton City Manager ---------------------------~------~-------~-------------------------------------- Honorable Board of City Commissioners City Hall Clearwater, Florida Gentlemen: October 28, 1954 In compliance with Section 24, Chapter 7, of the Code of the City of Clearwater, 1950, I have this date inspected the machines to be used in the Clearwater Municipal Bond Election on Tuesday, November 2, 1954. I have found the counting dials and the public counters set at 000 and the machines arranged in good order for the election. The machine numbers and the numbers registered on the protective counters are set out below: Precinct Machine No. Protective Counter 34 35 36 37 38 39 40 41 42 43 55 35133 36269 36266 36270 36279 36267 35131 36271 36277 36274 74807 010166 (!)11955 008327 008772 009910 008351 009220 008559 009507 008649 004364 According to a certificate from the County Supervisor of Registration, there are 7,473 freeholders qualified to vote in this election. Very truly yours, /s/ H. G. Wingo, City Auditor and Clerk HGW:LB --------------------------------------------------------------------------------- ." > ':;"~\t~;~~~!'~l~~tt~:i.;~,L:>:.;,_c,>: , .~~rl - ';, . \ .; ~~:i, '," , :- ~";':.:..:;.<d:..~, " ,.~: ".;:" '....,. ',;'':. '. ': .~ :"., ~.. . ".'. \ i., '.. .' ;....' .'~ r~(": ~~'~.:'7~~;'~:~'~,:<r..:Y:~\~;::t1~~?~'.' " ". . , . , 1~"\~>:.c:;,;'~,t6:~~~ji?llii%~u~~[tJii~i,:i1ii~.i~illiiSLj,i~'L :~ti;/&~;trw,j; 7'-/ ORDIRAHCB HO. 666 AN OiDI.ANCE AUTHORIZING THE ISSUANCE OF t3.250LOOO GENERAL OBLIGATION BONDS OF THE CIrY OF CLBARWATER, FLORIDA. BE IT ORDAIIED BY THE CITY CO~~ISSION OF THE crry OF CLEARWATER, FLORIDA: Section 1. That, subject to the approval of the issuance thel'eot' by the qualified freeholders of the City of Clearwater voting at an election to be held in tbe Citl on November 2, 1954, for such purpose, there are hereby authorized ~o be issued '3,250.000 general obli~ation negotiable coupon bonds or the City or Clearwater, Florida, for the following purposes: (a) Ex~ondingl improving and adding to the storm sewer sys~em o~ tbe Ci~y. including the ~nstallation of sewer lines, mains. interceptors and pumping stations - t800,OOO. (b) Extending. improving and adding to the sanitary sewerage system of ~he Ci&y. including installation of ,interceptor sewers. lines and mains, pumping facilities and pumping station and treatment plants - .860,000. (c) Improvement. r~pair and resurfacing o~ streets and avenues ~n &he City, includine the installation of curbs, gutters and drainage facilities - **30,000. (d) Extending, improving and adding to the 'Water distribution system of the City, including the installation of pipes. pumps. mains and storage !-acl1itles i850,000. (e) Construction of an addition to the existing City Hall - $255,000. (f) Purchase of additional fire apparatus consisting of a fire engine pumper and aerial ladder truck - $55,000. Section 2. That said negotiable coupon bonds shall be issued in the total principal amount of i3,250.000, shall be designated "Improvement Bonds", sball be dated lovember 1, 1954, shall be in the denomination of *1,000 ectch, shall be numbered from 1 to 3,250, inclusive, shall bear interest until paid a~ such rate as may be obtained upon the sale thereof, not to exceed five per cent per annum, payable semi-annually on May 1 and November 1 of each year, shall be payable as to both principal and interest at The Chase National Bank of the City of Rew York, Rew York City, and shall mature serially in numerical order on Bovember 1 in tbe years and amounts as follows: i' '., d, f I I I I, ' ! I "f. . ,..\ t. _ J/ , ,.. ~ ,1 . .'. . i;;~~,%]lEf~ ' .~ ~~t~~!l ' ;~:.t{~i~' !m:. Amount l2!!: Amount; 1955 65,000 1970 105,000 1956 70,000 1971 105,000 1957 70, 000 1972 110,000 1958 75,000 1973 110,000 1959 75,000 1974 115,000 1960 80,000 1975 120,000 1961 80,000 1976 125,000 1962 85,000 1977 130,000 1963 85,000 1978 135,000 1964 90,000 1979 140,000 1965 90,000 1980 145,000 1966 95,000 19a1 150,000 1967 95,000 1982 160,000 1968 100 , 000 1993 170,000 1969 100,000 1994 175,000 The bonds maturing in the years 1955 to 1963, inclusive, shall not be redeem- able prior to maturity. The bonds maturing in the years 196I.. to 1984, inclusive, shall be redeemable prior to maturity, at the op&ion of the Cit;y on lovember 1, 1963, or on any interest payment date thereafter prior to maturity, as a whole, or in part in inverse numerical order, at a redemption price or par and accrued interest to date of redemption, plus a premium of 5% of the par value thereof if' redeemed on or before November 1, 1966j or a premium of 4~ of the par value thereof if redeemed thereafter but on or before November 1, 1970; pr a premdum of 3~ of the par value thereof if redeemed thereafter but on or before Boveaber 1, 1973; or a premium of 2~ of the par value thereof if redeemed &hereafter but on or before Joveamer 1, 1976; or a premium of l~ of the par value thereof it redeemed thereafter but on or before November 1, 1980. and without premium it redeemed thereafter; provided tha~ a notice of such intended redemption shall have been published by tbe City at least once a~ least thirty days prior to the datie of redemption in a financial paper published in the City of New lork, Mew lork, and provided further that if less than all of said bonds subject to redemption are so called for redemption, the notice of redemption shall state the identifying numbers of the bonds to be redeemed. Section 3. That said bOllds sball be executed in the name of tbe City by its City Auditor and Clerk and its City Manager. and count'eraigned by 1~s Kayor.. Commissioner and shall have impressed thereon the corporate seal of the City~ The coupons t.o be attached to the bonds shall be authenticated witb tbe fae simile signatures of -ehe City Auditor and Clerk, City Manager and Ma)'or-CoD1lD1ss1oner. '\ .' < ,. ~ \ .: ~}j~~. j~~t~~tNi~~~ . .. ., ~ . \ ".," '.t' , . '~l.. . '.- ,"-." . , l;~~~ ' / / / / / " ... ". \ :'"j',' .' ...."'", ~ '. ~ ",: \:''', .~" ", '......, . <'. ".' \ ~.'. I ,"r I' ..... '(~ ^'.: ' ' . . ',," . ," :'>.~':;:';;'ri. ". 1;:"'.Of.'=.>:i': .~.,:,t ..~r!....', H'.:::,";"~' '\':!f.::::~:i':~t'>:~.',~r:.:::~~~'1~~.~~:;;: .,' . l .,': ' '!;'"~;'_":'::'.';;;'<Cj1'~;",:>i~~~~;i.;:.~;:;L.~;,~i~;:;~;~;[,~.;~,,;"',.~'G;,;;~.,:';.,' .:,~..",~, ,: C'. ",":~'j>j:,,<,.,';,~;~,:,;;1,~;:.~~.tld2~~~~~1d,;~ji~li&~fr~~~t~~~~~,j1:[il;~t~Ji~if~1~f@~;~:i~ :,' , '~~T--',\\'~v,t){la.: 75 -2- Section 4. That &he bonds may be registered at the option of the holder as to principal only a& tne office of the City A~ditor and Clerk or the City, such registration to be noted on the back ot said bonds in the space provided therefor. After such regis&ration no transfer of &he bonds shall be valid unless made at said 0€f1ce by the regiscered o~ner, or by his duly Ruthor1zed agent or representative and similarly noted on the bonds, but the bonda may be discharged from registration by being in like manner transferred to bearer and thereupon transferability by delivery shall be restored. At the option ot tbe holder, the bonds may thereafter again from time to time be registered or transferred to bearer as before. Such registration as to principal only shall not afrect~ the nego~iabi1ity of the coupons which shall continue &0 pass by delivery. Section 5. That said bonds and the coupons to be attached thereto and the provisions for registration to be endorsed thereon shall be in substantially the following form: ~ ""L. , I 'i. ~, ' . I' I f ;" .' ' I' . i 10. 11,000 U1UTED 5T ,\'!'ES OF AKERlCA ST ATE OF FlORIDA CITY OF CLEi\RWATER COU~TY OF PINELLAS ~PROV~~NT BOND KNO~ ALL ~ BY ~KESE PRESENTS that the City of Clearwater, in Pinellas County. F10rida, for value received, hereby promises to pay to the bearer, or it this bond be registered, to the regis&ered holder, on the first day or November, 19 , tne principal sun of ONE THOUSAND DOLLARS (.1,000) with interest &hereon at the rate of per centUIIl ( ~) per annum, payable semi-annually on the 1st day pf:rMay>:snd the Lst day of Hoveaber of each year ~pon &he presentation and surrender of the annexed coupons as &hey severally fall due. Both principal of and interest on this bond are payab1e in lawful money of the United Stateti o~ America at the prinCipal office o~ f.he Chase Na&ional Bank of &he City of Bew York, lew York City, Ne~ York. For the prompt payment hereof and the interest hereon as the same ahalL become dae. the fu11 raith, credit and taxing power of the City ot Clear~ater are hereby irrevocably pledged. Tibis bond is one of an authorized issue of bonds in the aggregate principal ~~ount of $3,250.000 of 1ike date, tenor and effect, except as to number and date of maturi&y, issued under authority or and in full compliance ~ith the Cons&itution and laws of Florida, including the Charter of the City or Clearwater, and ander an ordinance d~ly enacted by the City Commission of said City on the day of October, 1954, and has been duly authorized and approved by a majority of the votes cast in an election in which a majority of the freeholders ~ho are qaalil1ed electors residing in said City participated. Tine bonds maturing in the years 1955 to 1963, incl~sive, are not redeemable prio~co maturity. The bonds maturing in the years 196~ to 199~, inclusive, are 'redeemable prior to maturity, at the option of the City on November 1, 1963, or on any in~erest payment date thereafter prior to m~turity, as a whole or in part, in inverse numerical order. at a redemption price of par and accrued interest to date or redemption, plus a premium of five per cent (5~) of the par value thereof if radeemed on or before November 1, 1966; or a premium of four per cent (~~) ot the par value thereof if redeemed thereafter but on or before lovember 1, 1970; or a pramium of three per cen& (3~) of the par value thereof i~ redeemed thereafter but on or before lIovember 1, 1973; or a premi.um of two per cent (2~) of the par value thereof if redeemed thereafter but on or before tiovember 1, 1976; or a premium of one per cent (l~) of the par value thereof if redeemed thereafter but on or be~ore lovember 1, 1980; and without premium if redeemed thereafter; provided that a notice of such redemption shall have been p~blished at least once at lcast,_. thirty day s prior to t.he date of redemption in a financial paper published in/~- New York Ci~y, lew York. It is hereby certified and recited tha& all acts, conditions and things required ~ exist, to happen and to be performed precedent to and in the issuance of this bond. exist J have happened and have been performed in regular and due form a.nd time as required by the Constitution and laws or the State ot Florida app11cab1e thereto; that &he total indeb&edness of said City, including this bond. does not exceed any constitutional or statutory limitation thereon, and that provision nas been made for the levy and ~ollection of a direct annual tax upon all taxable property ~ithin said City sufficient to pay the principal and int.erest of this bond as &he same shall fall due, 1llIhich tax shall be levied and collected at the s~e time and in the same manner as ad valorem taxes levied tor the operating expenses of said City. This bond may be regi~tered as to principal only in accordance with the prov.isions,endorced hereon. IJ WIflESS WHEREOF said City of Clear~ater, F1or1da, has issued this bond and has C8\lsed the sBllle to be signed by its City Auditor and Clerk and its City Jlanager, countersigned by its Mayor-Cornm1s s10ner and its corporate seal to be affixed here~o and bas ca~sed t.he interest coupons hereto attached to be executed ,:..-!{~...-...,.. .....'..---. , '" l~C, , I~~,f., ',' , '"' , ' , " ~,':~:r;~W~:;'~'W<"'-;-~~':{?r{r,\,'(;.ki4', i;.j""':.~:~~'~~'o/T~:1':;""'/".;:!:'~':'Y;:\'!1'';it1' "<:~""'''';~L,:-T~.:",'.,'.~,.'~,'''':'\''IYi,'' ,,,;,(';I:!:iit'"#(~~:i~~::::-,~\~~;'t-':"'~~1'ft'ff&~~\!~V~B~$:: '.;:Z::~.0ii~~:i;;i;i.t\~:ikiIi",;;:;!::~i!'~1i;!li!.'ii.,ijill:i,ciiJ;i~~'" -3- lfi~h the fac a1mil.e signa1;ures or allot said officers, all 8S of the first day of Koveaber, 1954. (SEAL) CITY OF CLEARWATER, FLORIDA By City Auditor and Clerk By City Manager Countersigned: Mayor-Commiss10ner (FORM OF COUPOI) Ho. ti '. ,. . . On the day ot , 19 , (unless the bond to ~icb this coupon is attached shall have been duly calle~ ~or redemption and provision for the payment of tbe redemption price duly made) the City or Clearwater, Florida, will pay to the bearer at tbe principal office of The Chase National Bank ot the City of New York, New lork City, lew lark, the sum ot Dollars ($ ), in lawrul money of the United Sta~es ot America, upon presentation and surrender or this coupon, being six months interest then due on its ImproV'emel1~ Bond, da~ed lovember 1, 1954, 10. Cln OF CLEARWATER. FLORIDA By Ci ty Audi tor and b1erk By City MaJ.1ager Countersigned: Mayor-Commissioner (FORM OF VALIDATION CERTIFICAtE) Validated and confirmed by decree ot the C1rcui~ Court ot the Sixth Judicial Circuiti of Florida. in and for P1nellas County, rendered on the day of , 1954. Clerk of the C1rcu1.t Court of Pinellas Coun~y, Florida (PROVISION FOR REGISTRATIO.) This bond may be regis&ered as to principal only in tihe name ot the holder on the books to be kept by t.he City Treaeurer as Registrar, or such other Registrar as may hereafter be duly appointed, such registration being noted hereon by such registrar in the registration blank below, a~ter which no transfer shall be valid unless made on said books by the registered holder or attorney duly authorized and similarly not.ed in the registration blank below, but it may 'be diacbarged from registration by being transferred to bearer, after which it shall be transferable by delivery, but it may be again registered a8 before. The regi8tra~ion of this bond as to principal shall not restrain tbe negotiability of th e coupons by deli very merely. DATE OF REGISTRATIOB IN WHOSE NAME REGISTERED . . . . . . . . SIGNATURE OF REGISTRAR-. . . . . . . . . Section 6. fhat. in eacn year while any or said Improve.ent Bonds or the interest thereon shall. remain outstal1ding and unpaid, there shall be levied upon all taxable property wi thin tbe City of Clearwater a tax suf'ficient to pay the interest upon such bonds as tne same shall become due and sufficient to provide a sinking fund for the paymt:ut of the principal of sach be>nds as they severally mature, and said tax shall be levied and collec&ed at the same time and in the same manner as ad valorem taxes levied ror operating expenses of said City, and the proceeds or said tax, as and wben collected, shall be placed in said sinking .fund and used exclusively ~or the payment of the interest and principal or said bonds as they severally become due and payable and shall not be ased for any other purpose . , Sect.iOD 7. That tor 1;he prompt payment of the prlnci pal of and interest OD said IIlproV8ment Bonds, as the same shall .tall duel the IlIU faith, credit and '~u1D8 po'Wer ot t.he City or Clearwater are hereby rrevocably pledged. :1 \ ' .;'.,,:.,....:.:.' ',' ,'~;, . .. <. " . ':. ~ ...."'. ,..;.,...... l" ..~ -;' -....-.... . . .,t' ',_. ":,"'., ." 7~." ''''''<'''''._~.', I.. ~ :~~~~~~~ -4- Section 8. That the governing body of the City at Clearwater shall provide in each of its annual budgets for an appropriation for the creation of the sinking fund provided tor tOt payment ot the interest upon and the principal or allot said bonds as tbey shall become due and payable. Section 9. That 8aid 13,250,000 Improvement Bonds authorized to be issued by tbi8 Ordinance shall be issued and sold in such manner and at such price or prices consistent with the provisions ot this Ordinance, as the City COllllli8sion shall hereafter determine by resolution. Section 10. That Charles M. Phillips, Jr., City Attorney, be and he ls hereby authorized and directed to institute appropriate proceedings in the Circuit Court of the Sixth Judicial Circuit ot Florida, in and for Pinellas County, Florida, for the validation of said Improvement Bonds, and the proper officers ot the City are hereby authorized to verify on behalf of the City any pleadings in such proceedings. Section 11. That it is necessary for the immediate preservation of the public peace, prosperity. health and safety of the City or Clearwater and its citizens and inhabitants that the Improvements and acquisitions, as authorized herein, be undertaken and completed with the least pOSSible delay, and this Ord1nanceis hereby declared to be an emergency measure and shall take efrect upon its passage as provided by law. Section 12. That all ordinances aad resolu~ions of the City Commission ot the City of Clearwater. or parts thereof. in conflict with the provisions or this Ordinance are to the extent of such conf+1ct hereby superseded and repealed. PASSED ON FIRST READIHG PASSED ON SECOND READING PASSED ON THIRD AND FINAL READING AND ADOPTED Octo ber 29, 1954 October 29. 1954 October 29, 1954 /5/ Herbert M. Brown Mayor~omm1ssioner Attest: /s/ H. G. Wingo City Auditor and Clerk 1-(/' " . ~." , , ,," , , ' ...,.,.... . "j ..>;". ,i . '1"'0, . . ...... -:", ", I .,'. f'" . "j : <I . '., ~ .' ; .', '.~' . t~i""'-..:; .w...~.t~........-H/~...~..'...J>.~ll". . ."' ~ . :;......, ""'J~ ....~,:...tl,~"'#_.:,....l'. ,::,. CTTiC COMMISSION MEETTNG October 29, 1954 The City Commission af the City of Clearwater met in special session at Cit•y Hall, Fridayp (Jctober 29, 1954, at 12:15 P,M. with the following members presen�: Herbert M. HroYrn John ih'. Sates Guy L. Kennedy Jack Russel]. W. E. Strang, Jr. Also presEnt were: F. C. Maddleton Chas. M. Phi113ps, S. Lickton G. T. McGlamma Mayor-Comxnis aioner Commissioner Co�niss3oner Gommissionex� Qommissioner City Manaoer Jr. Cit�* Attorney City Engineer Chief of Police The meeting was called to order by the Mayor who reported that att idea had been presented to him regarding having the Federated Garden Clubs of t•he C1ear�vater area bsautify the intersection of U.S. 19 and Gulf-to�Bay Boulevard. He sugge,sted taking some ofiicial action on the project. Commissioner Russell moved that the City �ommission go on record as giving endorsement and approval to th� reqnest that the Garden Clubs of Glearwater put �Iowers and shrubbery, etc., at the intersection of Route 19 arxi Gulf-to-Bay Boulevard and go on rec�rsl also that the City will �ry to get permission from the State Road Departmen� for this project and help in a reasonable amount. Motion was seconded by Commissioner Kennedy and carried unanimously. The City Manager reported that the Clearwater Garden Club had a skeci permission to use some area in the Citcy to develop a H:ibiscus Garden. He requested the Mayor to appoint a Committee to work wit% him and the Garden Club in selecting a site on some Gity propertg to turn over to the Garden Cluo. The: Mapor appointed Commissioners Kennedp and Pussell on this Committee. The riayor offered ta s erve also. The Ci�y At�orney reported that Ordins�nce 666, the Bond Ordinance, had no� arrived from the bond attorneps in New Yarl�: City, Mr. R. W. Spragins stated that he had word that the ordinance had been mailed and would arrive sometime that afternoon. It was suggested that the meeting be adjourned to later in the afternoon to read the Ordinance, The Clerk reported that he had received no requests from any fn�eho�.�.ers to have their names added to the qualified list of freeholders which had been �ompiled by the County Regis�rar. The Clerk having received no reques� for an aeldil;�,on to the list of freeholders and there being n� persons present requesting that their names be restored to the list of freeholders, CoIImissioner Strang movnd th��: the list of freeholders has been reviewed and that there have been no names improperly omitted ar stricken there£rom and that th� registration list so submi.tted i.s hereby approvsd and shall constitute the list of voters eligible tco T�ote ia1 said election. Motion was seconded bp Commissioner Russell and carrfed unanimovsly. The Clerk reported th at he had inspected the voting nachines tc� be used in the November 2nd election and had founsi them to be propz�: Zy prepared for the election. The report submitted by the Clerk is set out in the fol3owing pages of these minutes and by reference is made a part hereof. Commissioner Strang moved that the report he receiveii and approved and made a par.t of the record. Motion was seconded by� Goimnissioner Bates a�i carried unanimouslye The City Manager r�ported that a six foot easemant had bsen retained by the City on ihe south side of tixe �aptist Church property which parallels thP north sici� of the lawn bowling courts. He stated that the original easement was for the purpose of �-iaving room foar �he poles, guy wires, ztc., to hold up �he sprink- ling system �'or the lawn bowling ca urts. However, since the Baptist Church is planning to put turnbuckles in the side of their new building and the guy wires could be connected to the�e, he and the City Engineer wez�a recommending that the easement be reduced to three feet. He stated that the matte� had been discussed with the attorney for the church and sugges'ted that the City Attorney drarv up an agreememt w�ich would give �ermission ior �he City Co tie the wires inta the side of the proposed building. Commissioner Strang moved that the six goat easemen� on the south side of' the Baptist Church properLy be changsd to three feet by whateeer process is necessary and the proper offici�7.s be authorized to do same, subject to the City's being allowed to tie same guy wires ta the south szde o£ the building. Motion was seconded by C�mmissioner Bates and carried nnanimously. At 12:45 P.M. the Ma�or ae�i�ea a recess until $:1� P,M, and stated ��aL he would be unable to be present at that time due to a previous commitment. Z'he Commission reconvened at 5:15 P.l�i. Commissioner Strang moved that due to the a bssnce Qf the Mapor that Commissioner John W. Bates be elected Maqor pro tem. Motion was seconded bp Commissioner Kennady and carried unanimously. Tlae City Attorney read Ordinance 666 which referenduyn the issuanca of �3,25C,OOO.DO general Strang moved that Ordinance 666 be passed on its by Commissioner Russell and carried unanimouslq. � would authorize subject to a obligation bonds. Commissioner first reading. Mot3on was secon�ed _�_ CITY �OMI�iISSION MEETING Octnber 29, 1954 The Citp Attorney read Ordinance 656 on its second readi.ng. Commissioner Rnsseil moved tha.t Ordinance 666 be passed on its second reading. Motion w�s seconded by Commissianer Strang and carried unanimously. Commissioner Strang moved that Ordinance 666 be considered on its third �nd finall reading by unanimous cozcsent of the Commissioners present. Motion was seconded by Coamissioner Russell and carried unanimously. The Gity Attorney read Ordinance b66 �n its third rEading. Commissioner Russell moved that Ordinanae 666 be passed and adopted on its third and final reading. Motion was seconded by Gommissianer Kennedy and carried unanimnusly. Gommissioner Bates emphasized that no t�onds would be issued for assessab�e items and they will not cover nev� facilities for property that has never been assessed. There being no further businass to Gnffie before the Commission, the meeting was adj�urned. Attest : �� — i ty ud it an ler k Ma or- ommiss�one� �� � �� � CITY COM��ISSION MEETI�JG October 29, 1954 Mayor Commissioner Herbert M. Brown Commissioners Jack Russell, W. E. Strang, Jr. John W. Bates, Guy L. Kennedy Gentlemen: October 2$, 1954 The City Commission will meet in Special Session on Friday hToon, October Z9, 1954 at 12:15 P,M, in the City Hall Auditorium for the purpose of discussing �he followin� items: FCM:s l. Ordinance �J666, Bond Ordinance. 2. Reviewing of the list of Registered Voters. 3. Report from City �lerk. Very trulg yours, �s/ F. C. Middleton City Manager Honorable }3oard of City Commissioners October 2$, 1954 Cicy Hall Clearwater, Florida Gentlemen: In compliance with 5ection 21�, Chapter 7, of the Code of tYie Cit<• of Clearcvater, 1950, I have this d ate inspected �he machines �o be used in the Cleartivater i�unicipal Bond Election on Tuesday, November 2, 1954. I have found the counting dials and the public counters set at 000 and the machines arran;ed in good order for the election. The machine numbers and the numbers re�istered on the protect;ive counters are set o�zt below: Precinct 34 35 36 37 3$ 39 �.0 41 42 55 Niachine No. 35133 36269 36266 36270 362;9 3626� 35131 36z71 36z�7 36274 74$07 Protective Counter Ololb6 011g55 o0$3z� 00$'7'72 009g10 00�351 �09z20 OQ$559 009507 oo$6c�9 001�3 64 F�ccording to a cerbificate from the County Supervisor of Registr,�tion, there are 7,473 freeholders qualified to vote in this election. HGW:LB Very i,ruly yours, �s/ H. G. ,�Tingo, City Auditor a�d Clerk �� � � � ORDI�TANCE NO. b66 AN ORDINANC� AIITHORIZIIVG THE 7SSUAI�C� OF �3, 250, 000 G�NERAL OBLIG:ITION i30NDS OF THE CITY OF CT,E�iR;t'A'PER, FLORIDt1. BE IT ORDAINEn BY `.PHE CTTY COP�,LIISSIQN OF TfiE CITY OI' CLEAR�VATER, FI,ARID.A: Section 1. That, subject �o the appr�val of the issuance thereof by the ` qualified fre�holders of the City of Cle�rwater voting at an election to be held in thz Cit on November 2, i954, ior such purgase, there are hereby authorized to be issued �j,2g0,C00 genera:i, obl��a� ion negotiable coupon bonds of the City of Clearwater, Florida, for th•.r following purposes: (a) �xt�nding, improBin� az±d adding to the storm sewer system o£ the City, including �he in�tallation of sewer lines, mains, interceptars and pumping stations - �$00,000. (b) �xtending, improving and adding to the s anitary sewerage system of the Citg, including installation of interceptor sewers, lines and mains, pumping facilities and pumping station and treatment pZants -�$60,000. (c) tmpravement, r�pair and resurfacing of s treets and avenues fn the Cicy, incluc3in�; Lhe installation of curbs, gutters and drainage facilities -��.30,000. {d) Ext�nding, improvi.n� and addzng to the w ater distribution system of the City, includina the installation o� pipes, pumps, mains and storage facilities - �$50,000. (e) Construction of an addition tio the existing City Hall -�yz55,o00. �f} Purchase oi additia�al fire apparatus consisting o£ a fire en�ine pumper and aerial ladder truck -�55,000. Section �, 2'hat said negotiable coupon bonds shall be issued in the total principal amount of �3,250,000, shal:! be designated �Improvement �onds'}, shall be dated �iovember Z, 1954, shall be in t:�e denomination of �1,00� eac}�, shall be numbered from 1 to 3,250, inc�usive, shall bear int�rest �tntil paid at such rate as may be obtained upon the saZe thereof, not to exceed tive per cent per annum, payable semi-a�nually on Ma� l and �lovember 1 of each year, shall be payable as to both principal and interest at The Chase National Bank of the City of Aew Ynrk, Idaw York City, and shall matur� serially in numerical order on November 1 in the years and amounts as follows: gear 1955 195b 1957 195$ 1959 lg6o 1961 �962 �:963 1961� 1965 i96� lgb� 1969 Amount 65,000 ?0,000 70,000 75,000 75,Oa0 �0,000 $0,000 $5,000 $$ , Ot10 q0,000 90,000 95,�00 95,000 100,000 1C0,000 Year �970 1971 1972 1973 1g7�. 1975 1976 1977 197� 1979 19�0 �9$1 19$z 19$3 19$4 Amount 105,p00 105,000 110,000 i1�J, 000 iz�,oao 120�000 1z5,000 130,000 135,000 11�0, 000 11�5, OOU 150,000 160,000 1'70, 000 i75,000 The bonds maturing in the years 1955 to 1963, ir�clusive, shall not be redeem- abl.e prior to maturity. The bonds maturing in the ysars 1961�. to 19$4, inclusive, shall be redPenablE prior to mat�rity, at the option of the Gity on November 1, 19�3, or on any interest payment date thereaf'ter prior to maturity, as a whole, ur in part in inverse numerical arder, at a redemption price of pa� and accrued interest to date of redemptian, plus a grsmitam af 5� of the par value thereof if redeemed on or before November l, 1966; or a premium o.� l�� of the par value thereof i�' redeemed thereafter but on or before November 1, 19%0; or a pre�nium of 3� oi the par value thereof if redeemed therea�ter but on or before November 1, 1973; or a premium of 2� of the par value thereof if redeemed thereafter but oa or before �ovember l, 1976; or a premium of l� of the p��r value thereo£ if redeemed thereafter but on or before November 1, 19$0, azia without prenium ii redeemed there�fter; provided that a notice of such intended rede�ption shall have been published �q the Citp at least once at least thirty days prior to the date of redemgtion in a financial paper published in the City of New York, New Yorl�, and pro�rided furth�r tnat if less than all of sa3d bonds subject ta redemption are so cailed for r�demption, �he notice �f redemption shall state the identifying nurabers of the bonds to be redeemPd. Section 3. Tha� said bonds sh�ll. be executed in the name of'the City by its City Auditor and Clerk and its City I�Sanager, and countersigned by its Mayor- Gommissioner and shall have impressed thereon the corporate seal of the Citye. The coupons to be att�c:hed to the bonds shall be authenticated with the faG simile signatures af the City Auditor and Clerk, City Ntanager and Mayor-Gommissioner. �. f f : -2- Section t� Tha� the bonds may be re�istered at the optior_ o£ the holder as to principal only at the ofiice of L•he Gity Auditor and Clerk af the City, such registration to be nnted on �the back of said bands in the space provided therefor. After such registration no tr�sfer of the bonds shall be valid unless made at said office by the registered owne�, or byr his duly authorized agent �r x�aresentat�ve and si�ilarly noted oxi the bondss but the bonds may be discharged f'rom regi�tration by being xn like manner transferr�rl to be�rer and �hereupon trans�'erability by delavery .shall be restored. At the opt?on of the holder, t•he bonds may there�fter aga�n frorn time to time be xegistered or transferred to bearer as b�f.ore. Such registrztion as to przncipal only shall not affect'�he negotiabi�.ity of the coupons which shall continue to pass by r3eliverp. Sectian 5. That said bon�s and the coupons to be attached thereto and the psovisions for registration �o be endorsed thereon shall be in substantially the following form: ��• UN�TED ST�.�ES OF AMEl.i3C1� STAT� QF FLURZBA CITY OF CI�;�R`�TR7'ER COUnTY OF PII3EI,i�AS T�iPROVEi��iT BOND �1,00Q KI�JW ALL MEYd BY TIiES� PRESENTS that the Cxty of Clearwat�r, in Pinellas County, Florida, for valus received, hereb� pronises to pay to the bearer, or ii �his bond be rebistered, to the registered holder, on the first day of November, Z9 , the principal snm of OR�E THOUSAND DOLLARS (�l,aoo) with interest thereon at the rate of per centum ( �) per annum, payable semi-annually on the 1st day p��May, and. the lst day of a�ove�ber o£ each y�ear upon the presentation and surrender oi the annexed coupon� as thep s everally ,fall due. Both principal of and �nterest on this bond are papable in law£ul money of the IIn�.teci States ot �erz<:� at the principal office of The Cha,se National Bank of the City of �tew York, &ew York City, New York. I+or the prompt payment hzreof and the interest harPon as the same shall become c3ue, the full �aith, credit and taxing power of the City of Clear�ater ara hereb� irrevocably pledged. This bond is one oi' an authorized issue of �onds in the ao�regate principal amount of �3,250,000 caf like date, tenor and effect, �xcept as to nw�nber and date of matu:ity, issued under authority of and in fu1Z compliance with the Constitution and laws of Florida, includin� the Charter of the Gity of Cl:ear��ater, and under an ordinance dnly enacted bp the Gitg Camm3.ssion of said Citp on the day of October, 1g51�, and has been duly authorized and approved bp a majority of the votes cast in an election in which ��ajority of the freeholders who are qualified electors residing in said City participaL-ed. Tt��e bonds mataring in the years 1955 to 1963, inclusive, are not redeesabls prio:r to maturity. The bonds maturing in the years 196t� to 19$4, inclusive, are redeemable prior �o maturity, at the option of the Gity on N�vember I, 1963, or on any interest payment date the•reaiter prior to m�ttirity, as a whole or in par�, in znverse numerical order, at a redemption price of par and accrued interest to date of redemption, plus a premium of five per cent (5;�) of the par nalue thereo£ if redeemed on or before No�e�nber 1, 1966; or a premium of four per cent (!��) of the par value thereof ii redeemed thereafter but on or beiore November 1, 197Q; or a premiun of three per cen� {3�) of -Ghe par value there�f ii' redeemed t�erea£ter but on or before Ydovember 1, 1973; or a prenium of two ger cent (2�j of the par value thereof if redeemed thereaf'ter but on or before November l, 1976; or a premium of �ne per cent (].�j of the �ar value thersof ii redeemed thereafter but cn or before Novemb�r 1, 7.9$0; and wii;hout premium if redeemed thereafter; provided. that a no�ice of such redemption shalY have been published at least once at lcast �hirty days prior tio the date of redemption in a finanaial paper published in New York Gity, i�ew York. It is Y�ereby certified and recited that alI acts, cnnditions and things required to exists to happen and to be performed precedent to and in the issuance of �his bond, exist, have happened and have been performed in regular and due �'orm and time as required by �he Constitution and iaws of the State af F'lorid� applicable thereta; that the total indebtedmess of said City, inc:luding this bond, does not exceed anp constitutional or st�tutory limitation thereon, and that provision has be�n made fox the levy and �allection of a direct annual t� upon a11 taxable property withitt saici Gity sufficieni tn pay the principal and interest of this bond as the same shall fall dua, sahich tak shall be levied and. collected at the same time and in the same manner as ad valorem taxes levied for the Qperating expense� of sai�i City. Tha.s bond may be registered as to principal only in accordance wi�h the provisions endorced hereon. I% WITATESS UtHER��F said City oi Clearwater, F`lorida, has issued this bond and ras caused �he same to be signed by its Citg Au�itor and Glerk and its City T4anager, coun�ersigned by its �Iayor-Cornmissioner and its corporate seal to be aff3xed hereto and has caused the interest coupons he-reto at�Gached tQ be executed � � 7� �3— with the fac simile signatures of a11 oi' said officers, all as of the first da,y of Nov�anber, 1954. (SEAL) I�o . CITY OF CLEARilATER, FLORIDA By City Auditor and C1erk By City Nianager Cauntersigneci: Mayor-Commissioner ( FURNi OF COIIPON ) � On the day oi , 19 ,(unless the bond to which this coupon is attached shall have been duly called �or redemption and provision for the payment oi the redemption price duly r�afle) the City of Clearwater, Florida, wi11 pay to the bearer at the principal office nf The Chase National Bank of the City of New York, New York City, New Yark, the sw�► ot Dollars {� ), in lawfisl money o� the United S�ates of America, upon presentation and surrender of this coupon, being six months interest then due on its Improvemeut Bond, dated I�ovember 1, 1951�, No. CITY OF CLE1�R?,VATER, FLORItiA By City Auditor and Glerk By City kIanager Gountersigned: I�fayor-Commissi�ner (FOR�'�f OF VAL7:DaTIOI� CERTIFICATE) Ualidated and confirmed by decreE of �he Ci.rcuit Court of the Sixth Judicial Circuit of Florida, in and for Pinellas Countg, rendered on the day of , 1954. Clerk of the Circuit Coux� of Pinellas County, Florida (PROVISION FOR REGISTRATION) This bond may be registered as to principal only in the name of the holder on the books to be kept by the Ci�y Treasurer as Registrar, or such ather Registrar as m�p hereafter be duly appointed, such registration being noted hereon by such registrar in the registra.�ion blank below, after which np transier shall be valid unless made on said books by the registered holder or attorney duly authorized and similarly noted in the registration blank below, but it may be discharged irom registration bp being transferred to bearers after which it sha11 be transferable by delivery, but it may b e again registered as before. The registration of this bottd as to principal shall not restrain the negotiability of the coupo�s by delivary merely. D�TE aF REGtSTRATION IN ZRTHOSE NAME REGIS`PERED STGNATUR� OF REGISTRAii Section 6. That, in each year whil.e any of said Improvement Bonds or the interest thereom shall remain outstanding and unpaid, there shall be levied upon al�.t;axable property within the City of Clearwater a tax sufficient to pay the interest upon such bonds as the same shall become due and sufficient to provide a sinking fund for the paymr:nt o� the principal of such bcnds as they severally mature, and said tax shall t�e levied and colbected at the same time and in the same manner as ad valosem taxes levied for operating expenses of said City, and the proceeds of said tax, as and wh�n collected, �ha].l be plaaed in sai�i sinking fund and used exclusively for the payment of 'th� interest and principal of said bonds as they s everally become due and payable and shall not be used �or anp other purgoss. Section �. That for the prompt paymert of �he principal of and interest Qn said Improvement Bpnds, as the same sha1Z fall. due, the full faith, credit and taxing power of the City of Clearwater are herebp irrevocably pledged. �� _ta,v Section $, That �he �overning body of tho Gixg of Glear��uatex shall pronide in each of its annual budgets for an appropriation for the creation oi the sinking �und provided for the payment of the interest upon and the principal of ali of said bonds as they shall become due and paqabl.e. Section 9. That said �3,250,000 Improvement Bonds authorized to be issued by this Orcli.nance sha11 be issued and so 1� in such manner and at such price or pr3.ces consistent with the pro vi��ons of this Ordinance, as the City Commiasion shall hereafter determine by resolution. Section 10. That Gharles M. Phillips, Jr., City Attorney, be and he is hereby authori�ed and directed to institute appropriate proceedings in the Circuit Court of the Sixth Judic�al Circuit of Florida, in and fnr Pinellas Gounty, Florida,. ior the validation of said Improvement Bonds, and the �roFer officers of the City are hereby authorized to veriiy on behalf of the City any pleadings in such praceedings. Section 11. That it is necessary for the immedi.ate preservation of the public peace, prosperity, health, and safety oi the City of Clearwater and its citizens and inhabitanbs that the imrrovements and acquisitions, as authorized herein, be undert�ken and completed with the least possible delay, and t}�is Ordinance is herebg declared ta be an emergency measure and shall take effect upon its passage as prova.ded by law. Section 12o That a�l ordinances �ammd resolutions of the City Commission of the City of Claanvater, or parts thereof, in conflict tivith the provisions of this flrdinance are to the extent o£ such conf�.ict hereby superseded and repealed. P�ISSED ON I�IRST READIAi� F'ASSED ODi S�COND READIIVG PASS�D ON THIRD r1IdD FIl�IAL READI�iG AND ADOt TED Attest: /s/ H. G. Wingo Qity Auditor and C1erk October 2g, lq�?y October 29, 195�r Oc�ober 29, 1954 /s/ Herbert M. Brown Mayor-Gommissioner