03/22/1955
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CITY COMMISSION MEETING
March 22, 1955
The City Commission of the City of Clearwater met 1n special session at City
Hall, Tuesday, March 22, 1955, at 1:00 P.M. with the following members present:
Herbert M. Brown
Jack Russell
W. E. Strang, Jr.
Guy L. Kennedy
J. N. Bohannon
Mayor-Commissioner
Corunis sioner
Cc.'aJDlis sioner
Commissioner
Commissioner
Also present were:
F. C. Middleton
Chas. M. Phillips, Jr.
G. T. McClamma
S. Lickton
City Manager
City Attorney
Chief of Police
City Engineer
The Mayor called the meeting to order and announced that the meeting had been
called by the Railroad Right-of-Way Committee and himself to discuss the problem
that had arisen when the Committee had been informed that morning by the local
representative of the Atlantic Coast Line Railroad that word had been received
from the home office of the railroad in Wilmington, North Carolina, that the co~pany
would beautify the area around the railroad station in Clearwater but would not
allow the City to open any streets across their tracks. The Mayor speaking tor the
Committee said that its reconmendation was as follows:
1. To instruct the City Attorney to give thorough investigation and answer
certain legal questions that we have concerning the right-of-way and do
all things necessary to have an early hearing before the Florida Railroad
and Utilities Commission and/or go to Court on the matter.
2. Further, recommend that we immediately take steps through the Engineering
Department to engineer the putting of Pierce Street across the A.C.L.
tracks and across the S.A.L. tracks.
3. Notify the Seaboard Air Line Railroad immediately and give them all the
notice that common courtesy requires to remove their loading ramp from
the street right-of-way down there.
4. When engineering data is ready, plan to pave as much or all of Pierce
Street as we can even up to and including the right-of-way itself if
we can do it by that time and hold Public Hearings on the surfacing of
Pierce Street and at least have it paved right up to the railroad track
which would improve the City's position with any Board or any Court
that is hearing the matter.
The Mayor quoted the Traffic Engineer, Mr. Bell, as saying that the opening of
Pierce Street across the railroad was very important to help relieve the tratfic
problems from the Beach and downtown Clearwater. The Mayor personally thought
that if the railroad's action was allowed to stand, it would be a traffic handicap
to the growth of the City.
Commissioner Strang commented that he was very disappointed in the answer from
the A.C.L. as he could not see the necessity for lawsuits or expenses on either side
when the need tor opening Pierce Street especially was so obvious. As a part of
the Committee report, Commissioner Strang said he wanted to see that the Commission,
the City Manager and the City Attorney, the Committee and anybody else necessary
were authorized to take whatever steps are necessary to get these necessary streets
open and to see to it that we are not choked down here for no valid reason.
Commdssioner Bohannon said he didn't think there would be much use building a
second Causeway it the City could not secure an opening of some ot the streets
across the tracks. He thought the City should still be willing to negotiate with
the railroad officials any time they are ready but in the meantime the City should
be taking action.
The Mayor explained that the Committee had made the tollowing requests ot
the A.C.L. Railroad:
1. We requested that the City be allowed to open the right-of-way across
Hendricks Street.
2. In the alternative, we requested that we be allowed to open Hendricks
Street on the west side so that when penple are around the railroad
track they can at least get otf without having to go down to Drew Street
and get on there.
3. We requested them to do something about blacktopping the area between
Drew Street and Cleveland Street -- they said that they had that under
advisement and we even offered to give them some brick to do it with
but he said they didn't want any brick from here, however, they appre-
ciated the offer.
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CITY COMMISSION MEETING
March 22, 1955
We asked them to dress up the appearance down there at the station
which they have done to some extent already -- they have painted the
station while the negotiations are going on.
We asked th~ to be allowed to plant some grass along the west side of
the right-of-way between Park Street and Cleveland Street, because of
the sandy condition, the sand blows all up and down and we wanted to
stabilize the dirt -- this they agreed to do themselves.
6. We asked them further to be allowed to pave or pay ~or the paving it
they wanted to do the work between Park Street and Cleveland Street on
the east side -- this they refused to ~rant.
4.
5.
7. Further, we asked permission to pave the street across the tracks at
Pierce Street -- this ~as re~used.
8. We went into a little more detail talking about moving the stations, etc.,
but we didn't make that part o~ the specific requests at that time.
Commissioner Russell moved that the Commission go on record as accepting the
Committee's report and proceed with the Committee's recommendation as follows:
1. That the City Engineer be authorized to proceed immediately with the
engineering dat,a necessary to effectuate a crossing across both of those
railroads and set the matter up for an early Fublic Hearing on Pierce
Street by giving notice to the railroads and all others involved;
2. That the City Attorney be authorized and directed to proceed with a
legal investigation of whatever problems are there and bring a report
back to the Commission on the best method to proceed on in securing
whatever right-of-way ~e do not now have on Pierce Street;
3. That he also be further directed to contact the S.A.L. Railroad and ask
them to remove any obstructions that they might have that are impeding
our progress in doing ~hat ~e have just instructed the Engineer to do
such as removing that ramp that is on our right-of-way;
4. That travel be authorized to the Committee and/or the Attorney where it
is found necessary to facilitate any negotiations that might arise on
that;
5. That the City Attorney also be further directed to make a report on the
legal situation of the o~nership, etc., of the properties between Park
Street and Cleveland Street particularly toward hardtopping this area;
6. That the Attorney be authorized to give us a feasibility report on
whether or not the Hendricks Street crossing should also be included in
any proceedings;
7. That the Engineer be instructed to proceed with the Hendricks Street
job also so the engineering data will be on file.
Motion was seconded by Commissioner Kennedy and carried unanimously.
There being no ~urther business to come before the Commission, the meeting
was adjourned at 1:43 P.M.
Attest:
City{f9'nd' ClerK
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CITY COMMISSION MEETING
March 22, 1955
WAIVER OF SPECIAL CO~~ISSION MEETING
Know all persons that we the undersigned Commissioners of the City Commission
of the City of Clearwater, Florida, do herepy waive notice of a Special ~eeting
of said City Commission, which was held at the City Hall in the City of Clearwater,
Florida at 1:00 P.M., Tuesday, March 22, 1955, and we do hereby specifically waive
notice set out in Section le of the Charter of the City of Clearwater, Florida,
and we do hereby severally consent to said meeting at time and place aforesaid.
~ Herbert M. Brown
BElt~ M. BBOWN
MAYOR-COMl~ISSIONER
~s6 Jack Russell
A K RUSSELL
COMMISSIONER
/s/ W. E. Stran~, Jr.
W. E. STRANG, JR.
COMMISSIONER
/s/ G. L. Kennedy
G. L. KENNEDY
COl>1MISSIONER
~ John N. Bohannon
o N N. BOHANNON
COMMISSIONER
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CITY CQMMISSION MEETING
March 22, 1955
The City Commission og the City of Clearwater met in special session at Ciity
Ha11, Tuesday, March 22, 1955, at 1:00 P,M. with the following mEmbers presen�:
Herbert M. Brown
Jack Russ�11
W. E. Strang, Jr.
Guy L. ICennedy
J� N. Bohannon
Also present were;
F. C. Middleton
Chas. M. Phillips, Jr.
G. T. McClamma
S, Lickton
Mayor-Commission�r
C omm is �i oi..� r
Commissioner
Commissioner
Commissioner
Ci.ty Manager
City Attorney
Chizf of Police
City Enginser
The Mayor called thQ meeting to order and announced that the meeting had been
called by the Railroad Right-of-Way �onunittee and himself to eiiscuss the problem
�th�t had arisen when the Committee had been informe�i that morning by th� locaa.
representative of the Atlantic Coast Line Railroad that word had been received
fram the homa office of the railroad in Wilmington, North Car�olina, that the companp
would beautify the area around the railroad station in Cl�arwatex but would not
allow the City to apen any streets across their tracks. Tk�e Mayor speakin� for the
Committe� said t hat its reco�nendation was as follaws:
l. To instruct the City Attorney to gi.ee thorough investigation and answer
certain legaZ ques�i�ns that we have concerning the right�of-�ap and do
all things necessary to have an early hearing be£ore �he Florida Railroad
and U�ilities Commission and./or go �o Court on the matter.
2.
3.
Further, recommend tha� we i�ediately talce steps throLgh the Engineering
Departrnent to er�gineer the putting o� Pierce Street across the A.C.L.
tracks a.nd across the S.A.I., tracds.
Notify the Seaboard Air Line Railroad immediate7.g and give the� all �the
notice that Gommon courtesy requires to remove their loading ram� from
the street zight-of-way down there.
4.. When enginezring data is ready, plan to pave as much or al? of Pierce
Street as we can even up to and including ths right-of--�ay itsel�' if
we can do it by that time and hold Public Hearings on the surfacing of
Pierce Street and. at least have it paved right up to the railroad track
which would improve the Citp's posi.tion with any Board or anp Court
that is hearing t%e matter.
The I�Iayor quoted the Traffic Engineer, Mr. Bell, as saying that the opening of
Pierce Street across the railroad was very important to help relieve the traffic
problems from the Beach and downtown �leaxwater. The Ma�or personally thought
that if tre railroad�s action was allowed to star..d, it would be a traffic handicap
to the growth of the City.
Commissioner Strang commented that he was v�erq disappointed ir_ tha answer from
the A.C.L. as he could not see the necessity �o•r Iaw�uits or expenses on either side
when the need f'or opening Pierce Street especi2�lly was so obvious. As a part of
the Committee report; Commissioner Strang said he wanted to see that the Commission,
the City Manager and "the Gity Attorney, the Committee and anybodp elsa necessary
were authorized to take wh.atever steps are necessary to get these necessary streets
open and to see to it that we are not choked down here for no valid reason.
Commissioner Bohannon saicd lae didn't think there would be much use buil�.ing a
second Causeway if the City could not secure an opening of some of the streets
across the tracks. He thought the City should still be willing to negotiate with
the railroad offic�als any time they are ready bu� in the meantime the City shoula
be taking action.
The Mayor explained that the Conunitt�e had mada the followi�g requests of
the A.C.L. Railroad:
l. We requested that the City be allowed to open the right-of-wap across
:iendricks Street. -
2. In the alternative, we requested that we be allcwed to open Hendricks
Street on the x�es� side so that when people are around the railroad
track they can at least get off withoui having to ga d.own ta Drew Street
and get on there.
3. We requested them to do something about blacktopping the area between
Drew Stree� and Cleveland Street -- they said tha't they had that under
adeisement and we even offered to give �hem some brick to do it with
�ut he said they, didn't want any brick from here, however, they appre�
ciated the oiier.
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CITY GOMMISSION MEETING
March 22, 1955
/�. We asked them to dress �p the appearance down there at the station
which they have done to some extent already -� they have painted the
station whi].e the negotiations are going on.
5. We asked them to be allowed *_.o plant some gTMass along the west s3de of
the right-of-way between Par�C S�reet and Cleveland Street, because of
the sandy condition, the sand blows al:� up and down and we wanted to
stabilize the dirt -- this they agreed to do themselves.
6. We asked them furthar to be allowed to pave ar pay.for the paving if
they wanted to do tYie work b�tween Park Streat and �leweland Street on
the east side -- this they refused to grant.
7. Further, we asked permission to pave the street across the tracks at
Pierc� Street -- this was ?�efused�
$. We went into a little more detail talking about raoving the stations, etc.,
but we didn't make that part of the specific requests at that �ime.
Coramis�ioner Russell moved that the Commission go on record as accepting the
Committss's repor� and proceed with the Commitbee's recommen4�;tion as follows:
l. That the City Engineer be authorized to proceed immediately with the
engineering data necessary to ef�e�tuate a crossing across both of those
railroads and set the matter up ior an earl� Fublic Hearing on Pierce
St:e�t by giving ttotice to the railroads and a�]. others involeed;
2. That tkze City Attorney be authQrized and directed to prooeed evith a
legal inve,stigation of cyhatever problems are there and bring a report
back tcz the Commission on the best method to proceed on in securing
whatzver ribht�cf-way we do not now� have on Pierce Street;
3. That he also be further directed to conta�t the S.A.L. Railroaci and as'�
them to remove anp obstructions that they might have tY,at are imgeding
our progress in doiz�g what we have just instructed the En�ineer to do
such as removi.ng that ramp that is c�n our right-o£-way;
4. That traeel be authorized to the Committee and/or the Attorney where it
is found necessary to facilit�te any negotiations that migiat arise on
thai ;
�. That the City Attorney a?so be �urther direc�ed ta maks a report an the
legal situation of the ownershi�,, etc., of tHe properties between Fasrk
Street and Gleveland Street particularly toward hardtopping this arsa;
6. That the Attornep be authorized t� ga.ve us a i"easibility report on
whe*,her or nat the Hendricks Stree� crossing should also be included in
any proceedings;
7e That the Engineer be instructe� to proceed with the Hendricks Street
job also so the engineering data wiZl be on file>
Motion was seconded by Commissior_er Kennedy and �arried urianimouslye '�'�
There bein� no further business to came before the Commission, the meeting
was adjourned at 1:43 P.��,.
M yor- ommis sioner
Attest:
,
� .
City Audito nd Clerk
CITY COMMISSION MEFTII�G
March 22, 1955
WAIVER OF SPECIAL COiv1'i�'iISSI4Id iVfEETING
Know a11 persons that ;�e the undersi�ned Commissioners of the City Commission
of the Ci�y of Clearwater, F'lorida, do hereby waive notice of a Special i'�eeting
of �aid City Gommission, whxch was held at the C�ty Hall zn the City of Clearwater,
Florida at L-00 P.M., Tuesday, March 22, 1955, and we do hereby specifically waive
riotice set out in Section 18 of the Charter of the City of Clearwater, Florida,
and we do hereby severally consent to sa�d meeting at time and place aforasaid.
/s/ Herbert I�. Brown
HERBEH.T M. BROWN
MAYOR-COi�'fi�II SSIONER
�Jack Russeil /s/ W. E. S�ran�o Jr.
JACK'RUSS�LL W. E. STRANG, JR.
C OMMIS SIO AT� R C OtiIlviIS SIONER
/s/ G, L. Kennedv /s/ John N. Bohannon
G. L. KENNEDY JOHN N. BOHAnNON
COI�IMISSIONEft COMi'dISSIONER
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