06/20/1955
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CITY COMMISSION MEETING
June 20, 1955
The City Commission of' too City or Clearwater met in regular session at
City Hall. Monday, June 20, 1955, at 1:30 P.M~ with the following members present:
Herbert M. Brown
J. N. Bohannon
Jack Russell
Guy L. Kennedy
*W. E. Strang, Jr.
*Absent at first of meeting.
Also present were:
Mayor-Commissioner
Commissioner
Commissioner
Commis :5ioner
Commissioner
Came in later.
F. C. Middleton
Chas. M. Phillips, Jr.
G. T. McClamma
S. Lickton
City Manager
City Attorney
Chier of Police
City Engineer
The Mayor called the meeting to order. The invocation was given by the
Reverend Paul M. Kinsport of Clearwater. Commissioner Bohannon moved that the
minutes of the regular meeting of June 6th and the special meeting of June 13th
be approved in accordance with copies furnished each member in writing. Motion
was seconded by Commissioner Kennedy and carried unanimously.
Commissioner Strang arrived at this time -- 1:50 P.M.
In regard to the bid for repairing the water tanks, the City Manager reported
that the bid of Clayton F. Ogles had been tabulated and found to be in order;
therefore, he was recommending that the Commission accept it as it was the only
bid received. Commissioner Kennedy moved that the City Manager's recommendation
be accepted that the contract be awarded to the bidder, Clayton F. Ogles. for
inspecting and cleaning the standpipe on Gulf-to-Bay Boulevard; for cleaning,
inspecting and painting the water tank on Railroad Avenue~to clean. inspect and
paint the water tank on Seminole Street and make special repairs on the Seminole
Street tank for an approximate aggregate cost of $11,000.00. Motion was seconded
by Commissioner Bohannon and carried unanimously.
The Mayor announced the Public Hearing on constructing a sanitary sewer in
Pierce Street from the east line of the Atlantic Coast Line Railroad right-of-way
to the east line of East Avenue and constructing a thirty foot pavement and curb
in Pierce Street from the west right-of-~ay line of the Atlantic Coast Line ,
Railroad to the west right-of-way line of East Avenue. The City Engineer estimated
that the pavement and curbing would cost $6.29 per front foot and that the sanitary
sewer would cost $3.05 per front foot. The following officials of the Atlantic
Coast Line Railroad were present: Mr. J. J. Stockard, General Superintendent;
Mr. J. L. Kennedy, District Superintendent; Mr. Baya M. Harrison, Division Counsel;
Mr. Norman C. Shepard, General Attorney. Mr. Harrison addressed the Commission
stating that part of the property advertised to be paved was the private
property of the Atlantic Coast Line with the title received under a deed dated
March 13. 1889. Mr. Stockard addressed the Commission pointing out three points
of objection: first, that the crossing would be a hazard to pedestrians, vehicles
and for the railroad; second) that the City would no doubt require automatic
signals at the crossing; third, that this would be an opening wedge to obtain
other crossings. The City Attorney read the letter written by Mr. Harrison
objecting to the proposed improvement over the tracks near Pierce Street which
stated that the City had no authority to encroach on the railroad right-of-way;
that any such action would serve to deprive the company of its property without
just compensation and without due process of law; and that the proposal of the
City was without the consent of the company. A letter was read from Mr. J. J.
Stockard objecting to the construction of a crossing traversing the right-of-way
and advising that the company will not voluntarily undex'take such construction
and would defend possession of its property. These ~tters are set out in the
following pages of these minutes and by reference made a part hereof. The City
Attorney stated that the City has authority to open streets over the railroad
tracks if it is deemed for the public good or necessity; that the City Commission
may first give the railroad opportunity to construct R crossing; then if the
railroad does not, the City can construct the crossing and assess the cost to the
adjoining property owners. Mr. Harrison stated that the charter provision does
not apply, but he had no objection to the manner of giving notice of the Public
Hearing. The Mayor inquired if any of the private property owners objected to
the proposed construction and there were no objections from the audience. The
Mayor asked if, acting on the supposition that the railroad owns the right-of-way,
the Commission would want to offer to purchase the property at what a Board of
Arbitration would establish as a fair price. Commissioner Russell moved that the
Atlantic Coast Line Railroad Company is hereby offered for its property between
the north and south lines of Pierce Street extended across the property of the
Atlantic Coast Line Railroad Company at the juncture of the tracks of the
Atlantic Coaet Line Railroad Company and Pierce Street such reaaonable compen-
sation as might be established by a Board of Arbitration, independent appraisers,
or any other fair and just procedure to be agreed upon between the Railroad
Company and the City of Clearwater. Motion was seconded by Commissioner-Strang
and carried unanimously. In answer to an inquiry from the Mayor. Mr. Stockard
replied that h9 was not in a position to comment on the proposal at that time
and requ8sted a written copy of tb& proposal.
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CITY COMMISSION MEETING
June 20, 1955
Commissioner Bohannon moved that the proper officials of the City are nereby
authorized and directed to place in the registry of the Oircuit Court for the
Sixth Judicial Circuit the sum of $5,000.00 from which to pay the Atlantic Coast
Line Railroad Company for its property necessary to accomplish the work outlined
in the notice of this Public Hearing in the event that the Company fails to agre
to the establishment of just co~pensation therefor according to the preceding ~
motion within ten days from this date. Motion was seconded by Commissioner ^'
RUdsell and carried unanimously.
Representatives of the Seaboard Railroad present were Mr. C. E. Bell,
Vice-President; Mr. C. H. Lineberger, Jr., Division Superintendent; Mr. E. D.
Mays. Freight Traffic Manager; Mr. Ross Norton. Local Agent; and Mr. E. B. Caeler,
Attorney. The City Attorney read a list ot objections of the Seaboard Air Line
Railroad Company and an identical list of objections froD the Tampa and Gult
Coast Railway Company. both signed by Mr. C. E. Bell. ~hese lists are set out
in the following pages of these minutes and by reference are made a part nereof.
Mr. Casler addressed the Commission objecting to the proposed construction on
'behalf of the Seaboard Railroad. The Mayor went over each objection on the list
separately and discussed them with the Oommission. No additional objections were
made by the representatives ot the railroads. The City Attorney read a Resolution
from the Merchants Association stating that there was an imperative need to
open more streets over the railroads in order ~o permit development ot the
business section and to relieve tratric congestion and asking that Pierce,
Hendricks, Jones and Maple Streets be opened across the tracks. He also read a
Resolution from the Kiwanis Club endorsing the opening of Pierce, Hendricks mnd
Jones Streets across the railroad tracks. He stated th~re were numerous other
endorsements from civic organizations and individuals. Mr. C. E. Bell spoke to
the Commission suggesting that his company would be willing to discuss trading
some of its property near Pierce Street for part at the City property between
Druid and i~gnolia Street (Blocks 29 and 32, Ma~nolia Park) so that the Seaboard
could move its sidetracks. He stated that the Seaboard could move the loading
platform back at once, then later after proper filling and leveling of the
proposed new location, the side tracks could be moved at an estimated cost to
the railroad ot $30,000.00 if negotiations with the City lead to a satisfactory
agreement. The Mayor commented that the City was holding the property mentioned
for the tuture development and use by the railroads and indicated that the
Commission would be interested in discussing the proposal. Commissioner Kennedy
moved that the Public Hearing be recessed to be reconvened at this same location
on July 5th and that in the intervening period the Commission might possibly
have a chance to satisfactorily negotiate with the Seaboard Railroad through Mr.
Bell and the Atlantic Coast Line would have a chance to decide what procedure
to follow. Motion was seconded by Commissioner Russell and carried unanimously.
The Commission planned to have a conference with Mr. Bell at noon on Thursday.
June 23rd.
The Mayor announced a Public Hearing on the request o~ J. W. Lester, Jr.,
Ida Mae Lester and R. M. Thompson Construction Company to permdt "M" (Manufactaring)
usage ot Lots 11, 12, 13 and 14, Block ~, Milton Park Subdivision, presently 20ned
R-4. He explained that Mr. E. B. Casler, attorney ~or the petitioners, had asked
for a re-hearing of the matter as he had some ne~ material to present. Mr. Oasler
addressed the Commission stating that his clients would like to change their
request to permission for "B" (Business) usage of Lots 11. 12. 13 and l~. Mr.
Lester informed the Commission that the zoning of the property was formerly
Manufacturing and that he was out of town at the time the City adopted the Zoning
Map making it R-4. Mr. R. M. Thompson, Jr., explained that he would like to
purchase Mr. Lester's property, and if granted permission ror Business usage. he
would be willing to set the buildings back ten feet from the property line. Tne
City Attorney read the Zoning Board's recommendation or January 7, 1955. to deny
the request until the owners of Lots 1, 2 and J, Block 4. are in agreement ~itb
"M" zoning. The City Attorney read letters rrom Mrs. O. E. Blanton and Mrs.
Mathias Widich, affected property owners, protesting the granting of the reqaest
for Manufacturing zoning. A note was read from Mrs. Mary V. Grenelle, owner of
Lot 2, Block 4, that she had no objection to the petition being granted. It was
indicated by Mrs. Godwin, owner of Lot 1, and Mr. Joseph F. Gibison, owner oC
Lot 3, Block 4, that they would not object to Business zoning of Lots 11, 12, 1)
and 14. Mr. R. H. Beck, objected to the lots being zoned for Business as did
Reverend J. A. Selt on his own behalf as a property owner and also on behalf of tbe
trustees of the Church of God. Havi ng held this Public Hearing a.lld heard no valid
objections, Commissioner Russell moved that the request of J. W. Lester. Jr., Ida
Mae Lester, and R. M. Thompson Construction Company to permit "B" (Business)
usage of Lots 11. 12, 13 and 14, Block 4, Milton Park Subdivision, presently zoned
R-4, be permitted with the understanding that there be a ten foot setback from
Grand Central and a ten foot setback from Myrtle and that no tool sheds or similar
buildings be put around the place. Motion was seconded by Commissioner Kennedy
and carried unanimously.
Commissioner Bohannon moved that the Commission reconsider the request or
Harold Paul Fox to use Lot 15. ~lock 84, Mandalay Unit 5. as a parking lot 1n
connection with a proposed motel project oh Lots 3, 4, 9, 10 and 1), Block 82,
Mandalay Unit 5. Motion was seconded by Commissioner Kennedy. Upon the vote being
taken, Commissioners Bohannon, Kennedy, Russell and Brown voted "Aye". Motion
carried. Commissioner Strang did not vote as he had requested permission to
refrain from participating in the discussion and the voting since it concerned
one Qr his clients.
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CI'l'Y COMMISSION MEE'l'ING
JUl'le 20, 1955
The City Attorney read a letter from Mr. Ray Ulmer. attorney ~or Mr. Harold
Paul Fox, which stated that Mr. Fox would have no objection to hard-surfacing
Lo~ 15 by blacktopping or other material if the request to use as a parking lot was
granted. Mrs. Fred Reitz. an affected property owner. appeared before tne
Commission objecting to the granting o~ the request. Commissioner Russell quoted
the opinion of the Zoning Board on May 6. 1955. that Faragraph 9 of Sec~ion V-A
of Ordinance 627 authorized use a9 a non-commercial parking lot of property
located in R-4 and R-M zones. He also quoted the Zoning Board's recommendation
of April S, 1955, that the request be granted and that the Zoning Board inter-
preted the Zoning Ordinance provision ~or abutting parking a8 applying in this
caee because the property abuts across the street. Therefore, being as this has
been brougpt to the Commission by the Zoning B~ard with its interpretati~n,
Commissioner Russell moved that the request of arold Paul Fox to use Lot 15,
Block 84, Mandalay Unit #5, be approved as a parking lot in conjunction with a
pn)posed motel project with the provision that this lot be hardtoppedj further,
that only c are from the proposed motel can use this property and that this parking
lot cannot be used for parking for profit. Motion was seconded by Commissioner
Bohannon. Upon the vote being taken. Commissioners Russell. Bohannon, Kennedy
and Brown voted "Aye". Motion carried. Commissioner Strang did not vote.
The City Attorney read on its third reading Ordinance 681 ~hich would amend
Ordinance 609, the Occupational License Ordinance, to inClude a classification
for Journeyman Plumbers. Commissioner Strang moved that Ordillallce 681 be passed
and adopted on its third and final reading.and that the proper o~ficials be
authorized to execute it. Motion was seconded by Commissioner Russell and carried
u.nanimously.
The City Attorney presented a Resolution concerning putting the zoning on
the Zoning Map of subdivisions previously zoned bat not entered on the map.
Commissioner Kennedy suggested that the Resolution be re~erred to the Zoning
Board to be reviewed and checked against the master Zoning Map before being
considered by the Commission. By consent, the Commission agreed to this
procedure.
The City Manager presented a Resolution requiring nineteen property owners
to clean their lots of weeds and underbrush. Commissioner Strang moved that the
Resolution be adopted. Motion was seconded by Commissioner Bonannon and carried
unanimously.
Kr. Herbert M. Blanton, Sr., appeared before the Commission requesting that
the City proceed with purchasing the necessary right-oC-~ay to extend Myrtle
Avenue south to Lakeview and west through "D" Street to connect with Indian Rocks
Road and north to connect with Milwaukee Avenue along the lines approved by tne
Commission in 1951. He presented petitions signed by 152 people requesting that
funds be set aside in the 1955-' 56 badget to acquire the right-o~-way. The
Kayor reported that the City Manager has purchased right-of-way on North Myrtle
Avenue just north of Drew Street and the City has most o~ it up to Seminole
Street; however. the City has not purchased the Plumb prope~ty but is now
negotiating ~ith Mr. Lester Plumb to purchase it from the heirs of the estate.
Ke stated that the Commission has had meetings with the State Road Board officials.
with Mr. C. A. Peterson before he left the service of the County, and all of the
County Commissioners within the past three months on the same subject and they
were assured by the County that the money woald be placed in tne budget to extend
and improve Myrtle Avenue., Commissioner Bohannon offered to accompany Mr. Blanton
to a meeting of the County Commission to present the petitions in order to insure
t~e appropriation of funds in the County budget and Mr. Blanton accepted the offer.
The City I~nager requested the approval o~ transferring $74,155.56 from the
Cigarette Tax Fund to the General Fund. Commissioner Strang moved that the
transfer be approved. Motion was seconded by Commdssioner Russell and carried
u.nan11D0usly.
It was requested by the Manager that the transfer of 4100,000000 from the
Utili~y Fund to the General Fund be approved. Cornm1s sioner Russell moved that
the transfer be approved. Motion was seconded by Commissioner Strang and carried
unan irnou sly.
There being no fUrther business to come before the Commission, the meeting
was adjourned at 6:20 P.M.
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CITY COMMISSION MEETING
June 20, 1955
Mayor Herbert M. Brown
Commissioners: Jack Russell, W. E. Strang, Jr.
Guy L. Kennedy, J. N. Bohannon
June 17, 1955
Gent lcmen:
The City Commission will meet in Regular Session on Monday, June 20, 1955 in
the City Hall Auditorium to discuss the items listed on the Attached Agenda.
Meeting t~ne will be 1:30 P.M.
FCM:s
Enclosures
Very truly yours,
/s/ F. C. Middleton
City Nanager
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Agenda - City Commission Meeting of June 20, 1955
City Hall Auditorium
1:30 P.M.
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1. Invocation, The Hev. Paul M. Kinsport, lO~ Aurora, Clearwater, Fla.
2. Approving the rninutes of the Re~ular Meeting of June 6, 1955 and the Special
M~eting of June 13, 1955.
3. Awarding of bids for the repairs to ~ater Tanks.
4. Public ~earings
A. Construe t an ei~ht (8) inch sanitary sewer and appurtenances in Pierce
Street from the east line of the Atlantic Coast Line Railroad right-of-
way to the existing sewer in the east line of East Avenue and construct
a 30 foot pavement and curb in Pierce Street from the 'West right-of-way
line of the Atlantic Coast Line Railroad to the west right-of-way line
of EClst Avenue.
B. Request of J. W. Lester, Jr., Ida Mae Lester and R. M. Thompson
Construction Company to permit 11M" (Manu.facturing) usage of Lots 11,
12, 13 and 14, Block 4, Eilton Park Subdi vision, presently zoned R-4.
C. Reconsideration of the re~uest of Harold Paul Fox to use Lot 15,
Block $4, Mandalay Unit 5, as a parking lot in conjunction with a
proposed motel project. The property is presently zoned R-M and is
locat ed on the \'Ie st si de of Poinsett ia Avenue betv~e en Royal Way and
Somer set Street.
5. Commission's consideration of items from the City Attorney's Of'fice:
A. Passage and adoption on third readin~ of' Ordinance #081, relative to
Oc cupational License for Journeymen 1'1 umbers.
B. Resolution to City Engineer relative to puttin~ zoning on the Official
Zoning Map of the City.
6. Utility Improvements.
7. Lot Mowing Applications.
6. Any other item r.ot on the agenda will be considered with the consent of
the COllunission.
Adjournment
Commission acting as Trustees for the Pension Plan.
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June 4, 1955
File: 13-2217
Mr. Charles M. Phillips) Jr.
City Attorney, City of ClearvF3ter
Post Office Box 13~a
Clearwater, Florida
Dear Mr. Phillips:
Reference is made to your letter of May 12th in which you, on behalf of the City
of Clearwater, notify our Company to construct a crossing at the intersection
of our tracks with Fierce Street in Clearwater. Your letter further informs us
that unless the company undertakes and completes construction of the crossing
within thirty days from the date of the notice, the City will accomplish the
construction and will char~e the company therefor) imposing and foreclosing a
lien, if necessary.
In replying to your letter, I respect.fully advise that the property upon which
you contemplate a crossing is the private property of this company. As the
owner thereof, the company vigorously objects to the construction of a crossing
traversing the right-or-way.
For the purpose of informing the appropriate municipal authorities, you are also
respectfully advised that the company will not voluntarily undertake such
construction on its own part and will actively defend possession of its property
in such manner as it may be advised.
Very. t rulJ' yours t
1s/ J. J. Stockard
General Superintendent
(Southern Division, Atlantic
Coast Line Railroad Company,
Jacksonville, Fla.)
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CITY COMMISSION MEETING
June 20, 1955
June 16, 1955
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City of ClenrwRter
Clearwater, Florida
Gentlemen:
As legal representatives of the Atlantic Coast. Line Railroad Company, and if!
furtherance of your notice of public hearing to be held on Monday, June 20,
1955, at 1:30 o'clock P.M., and to file written objections to the city's
proposal t,o construct a crossin!"; over the company's t.rAcks near Pierce Street,
you will please take noto of t,he fo]lo~.'ing written ohjections:
1. The City of Clearwater is withcut authority to interfere with or
encroach upon the property and rj~ht-of-way of the rRilroad at the point of the
proFosed cro~sing.
2. Any .get i on of the city in furtherance of its expressed intet'ltion
would vio1Rte the constitutional riehts of the comrany and would serve to deprive
the company of it s property wi t,hl)ut. just compensat ion and without due process of
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3. The proposal of the city is without the permission or consent, express
or imr:lied, of the company.
4. The railroad reserves all ri n;hts to express or record such further
objections as it may be advi~ed.
BMHJr./c
cc: Mr. ~har1es M. Phillips
Very truly yours,
MANN, HARRISON STONE, R0NEY & MANN
Division Counsel
By Is/ BRya M. Harrison, Jr.
Division Counsel, Law Department,
At18ntic Coast Line Railroad
Company, St. Petersburg, Fla.
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OBJECTIONS
TO THE HONORABLE CITY COMlvlISSION OF THE CITY OF CLEARI';i\TER:
The Seaboard Air line Railroarl Company files this their objections to the
construction of a san H.ary sewer and thi rty feet of pavement and curb on Pierce
Street from the west right-of-way line of the /ltlantic Coast Line Railro!3.d to
the west ri~ht-of-way line of EAst Avenue, for the following reasons:
1.
2.
The public hearin~ set for June 20, 1955, was not called in accordance
with the law.
The commission is \'1it.hout authari ty to pass upon the subject matter
contained in the notice of puhlic heAring because the hearing is
illegally constituted.
The city is without Ruthority to determine to assess these objectors
for the improvements described in the notice because no benefits would
accrue to the objectors.
To perform the constructi~n described i~ the notice of public hearing
would serve no civic rurpose and would work unnecessary hardship upon
the objectors.
The City of Clearwater is without legal authorit.y to perform any of the
construction described in the Fublic ~otice.
Section 123 of the charter of the City of Clearwater does not apply to
the construction described in the notice of public hearing at the
location described therein.
Pierce Street does not exist from the west line of the right-of-way
of the Atlantic Coast Line Railroad to the west right-of-way line of
gast Avenue.
The City of Clearwater is estopped to perform the construction described
in the notice of public hearing.
It is the duty of the City of Clearwater to take care for the citizens
of the city in its streets and the construction contemplated by the
notice would create a death trap for pedestrians as well as vehicular
passengers, and comp1etel~r disrupt the operation of the objectors'
business.
The objectors have ~ood legal title and the exclusive right of occupancy
thereof to part of the lands described in the said notice, and the City
of Clearwater has no legal right to usurp the same.
/s/ C. E. Bell
Vice-President
Seaboard Air Line Railroad Co.
3.
4.
5.
6.
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s.
9.
10.
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Respectfully submitted,
Signed by 152 people
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CITY Crn~ISSION MEETING
June 20, 1955
June 14, 1955
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R. G. Whitehead, Esq.,
City Auditor and Clerk,
City of Clearwater, P.O. Box l3~8,
Clearwater, Florida
Dear Mr. Whitehead:
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Thank you for sending me copy of yonr letter of June 10th regarding
reconsideration of the request of Harold Paul Fox to use Lot 15 Block 84
Mandalay, Unit No. 5 as a parkin~ lot i.n conjur.ct.ion with his proposed development
across the street thererrom.
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I have heretorore orally i.nformed Mr. Middleton I Cit.y 1-1anRg~lr, of my long
distance telephone conversation with my clip-nt, Harold Paul Fox, during which
conversation he stated to me that he would have no objection to the City
Commission grAr.ti.ng the prorosed request with the provision that prior to actual
use of such lot ror such purpose same must be hard-surfaced by use of blacktopping
or like hard su~race material. Naturally he would not concrete the lot but
would be willing to install hard surf-1cj.ne such as black topping, etc.
Will you kindly inform t.he Commissioners of this communication and tell them
that if the proposed request is granted upon reconsideration Mr. Fox shall proceed
with his plan as quickly as is possible and shall not use the lot for the proposed
parking purposes unless and until the hard-topping has been installed.
Please convey my sincere appreciation to the Commissioners in this matter and
my sincere regrets concerning my inability to be F~esent in person.
Sincer~ly yours,
/s/ Ray E. Ulmer
(532 -D South Fort Harrison Ave.)
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The Board of City Commissioners
City Hall
Clearwater, Florida
Gentlemen:
May 17, 1955
In the early part of January you considered and rejected a Petition for
rezoning Lots 11, 12, 13, and 14, of Elock 4 Milton Park Subdivision, Clearwater,
Florida, which particular lots are lac ated on the North side of the 700 Block,
Grand Central Avenue. A copy of the Petition is attached herewith.
Since that time there has arisen some additional factors whiCh your
Petitioners would like to present to the City Commissioners and therefore we ask
for a re-hearing of the original Petition in order to consider these new
matters.
It is the understandi ng of the orie;inA.1 petitioners that some of the parties
who originally objected to the proposal have now withdrawn their objections.
We therefore request that this matter be placed on the agenda for the next meeting
of the City Commission with adequate notice given to all interested parties.
Very truly yours,
CASLER & DOUGLAS
/s/ E. B. Casler, Jr.
Encl.
------------------------~--------------------------------------------------~-~--
PET!TION
May 31, 1955
To the Honorable Mayor and
City Commissioners
City of Clearwater, Florida.
We, the undersigned taxpayers of the City of Clearwater, do hereby petition
and urge you to provide in the 1955 Budget sufficient funds to acquire the
necessary right-of-way for the extension of Myrtle Avenue south to Lakeview
Avenue and thence \'lest through "D" Street to connect with Indian Rocks Road;
and north to connect with r,Ulwaukee Avenue along the lines approved by the City
Commission and State Highway Engineers in 1951. We request that you urge the
State Highway Commission to complete said street extension to Lakeview Avenue on
the south and Palmetto Street on the north be~ore next tourist season.
----~~---~----------------~-----------~-----------~--------------------~~-----~--
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CITY COMMISSION MEETING
June 20, 1955
RESOLUTION
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WHEREAS: it has been determined 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) dRYS notice and failure of the
owner thereof to do SO, the Ci,ty should clean such property and charge the costs
thereof against the respective property.
NOW THBREFORE BE IT RESOLVED by the City Commission of the City of Clearwater,
Florida, that the rollowin~ described prorerty, situate in said City, shall be
cleaned of weeds, grass and/or underbrush within ten (10) day~ after notice in
writing to the owners thereof to 00 so And that uFon railure to comply ~ith said
noti ce, the City shall perform Rl1Ch cleaning And charge the costs thereof against
the respective propert,ies in accordance with Section 128 of the Charter of the
City of Clearwater, as amended.
NAME
Mary V. Avera
420 78th Ave.
St. Petersbur~ Beach
Mrs. Susie Stanley
P.O. Box 339
St. Petersburg
Julin E. Ingham
Spencer, Wisconsin
Sarafem Dervech
30 Idle\'1ild St.
Clearwater Beach
Russell A. Wenzel
515 Brookside
Cle ~r'Wa ter
Harry L. Forney
1576 Lanein St.
Clearwater
Mr. John C. NcEdvJards
Big Moose, N.Y.
Claud S. Nobley
944 Beaverland
Detroit, Mich.
Frence B. Bicksler
1464 E. Druid Rd.
Clearwater, Florida
Leona iV1cManus
700 Skyview
Clearwater
Dr. Ma}C Cooper
297 Lenox Rd.
Brooklyn, N.Y.
Marie M. Sanford
404 Palm Bluff
Clearwater
Richard F. Schmid
1915 Cleveland
Clearwater
John R. burnison
Box 82
Clearw?ter
R. W. Cadwell
50)0 Arlington St.
Rockford, Ill.
Vernon E. Chewning
Aurora Ave.
Clearwater
Frank C. Brinson
15S7 S. lljadison
Clearwater
Martha Frances Schultz
5417 N.E. Miami ~ourt
~ti ami, Fla.
Howard B. Fox, Jr.
7251 Nineth Ave.
St. Petersburg, Fla.
DESCRIPTIO~
Lot 18, Block E
Avondale
Lot 19, Block A
Br~eze Hill
Lot 20, Block A
Breeze Hill
Lots 9, 25, 26, 30, 33, 3~
Brookside
Lot 32
Brookside
Lot 19, So. ~ of lot 20
Block B, Crest Lake Park
Lot 8 l Block 1
Keystone Manor
r,ot 11
Palm Terrace #2
Lot 22 and 211-
Falm Terrace /12
Lots 25 and 26
Palm Terrace #2
Lot 1, Block C
Unit B, Skycrest
Lot 3, B10ck B
Unit 6, Skycrest
Lot 5 Block B
Unit 6, Skycrest
Lots 5 and 6
Block 0, Unit 6, Skycrest
Lot 3, Block A
Unit 7, Skycrest
Lots 2 and 3, Block C
Unit 7, Skycrest
Lot 4., Block C
Unit 7, Skycrest
5626-1 13-29-15
N. E. corner of
Gulf to Bay and Orian
5626-J 13-29-15
N. E. corner o~
Gulf to Bay and Pegasus.
PASSED AND ADOPTED BY THE City Commission of the City of Clearwater, Florida,
this 20th day of June, A. D. 1955.
Is/ Herbert M. Brown
ATTEST:
/5/ R. G. Whitehead
City Auditor and Clerk
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ORDIIAIICB .'0. 661
AN ORDIIAIICB AMENDING ORDIRAIICE 10. 609, THE SAME
BEIMG AI ORDINANCE REPEALING ORDINAnCE HO. 560L_
BEIBG SECTION 6 OF CHAPTER 19 OF "tHE CODE OF ~B
011'1 OF CLEARWATER, FLORIDA, 1950," AID BElliG THE
OCCUPATIONAL LICENSE ORDINAHCE OF THE CIT!' OF CLEAR-
WATER, FLORIDA, BY ADDING THERETO AN ADDITIONAL
CLASSIFICATION ENTITLED "PLUMBERS, JOURNEYMEN";
PROVIDING FOR THE REPEAL OF ALL ORDIHAMCES OR PARTS
OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING
FOR THE EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY C~lISSION OF THE C1'1'I OF CLEARWATER, FLORIDA:
Section 1. That Ordinance 10. 609, the same being an ordinance repealtnl
Ordinance 10. 580, being Section S of Chapter 19 ot "The Code of the City o~
Olearwater, Florida, 1950", and being the Occupational License Ordinance ot the
City or Clearwater, Florida, be and the S4me is hereby &mended by adding thereto
on Page 6 thereof, the following in its proper alphabetical order:
"PLUMBERS, Journeymen...................S.OOft
Section 2. That all ordinances and parts of ordinances in conflict
herewith are hereby repealed to the extent ot such confl1cte
Section 3. That this ordinance shall become effective immediately atter
its passage, and that the license herein provided shall be collected ~or the
first time for the license year beginning October 1, 1955.
PASSED ON FIRST READING
PASSED ON SECORD READING
PASSED OM THIRD AND FINAL
READIIiG AND ADOPTED
June 13, 1955
June 13, 1.955
June 20, 1.955
/s/ Herbert M. Bro'Wll
MAYOR-COMMISSIONER
ATTEST:
/s/ R. G. Whitehead
CIn AUDITCR AID CLEBK
GITY COMMISSION MEETTNG
June 20, 1955
The City Commission of the City of Glearwa�er met ia regu].ar session at
City Hall, Monday, June 20, 1955, at 1:30 P.M. with the following members present;
Herbert M. Brown Mayor-Commissioner
J. N. Bohannon Commi3sioner
Jack Russell Commissianer
Guy L. Kennedy Commissioner
�W. E. Strang, Jr. Commissioner
�Absent at first of ineeting. Came in later.
Also present were:
F. C. Middleton
Chas. M. Phillips, Jr.
G. T. McCJ.amma
S. LicF�ton
City Manager
City Attorneq
Chief �f Polzce
City Engineer
The Mayor called the meeting to order. The invocation was given t�y the
Reverend Paul M, Kinsport of Clearwa�er. Commissioner Bohannon moved that the
minutzs af the regular ms�ting of June 6th and the special meeting of June 13th
be approved in accordance with copies furnished each member in writing. Motic�n
was seconded by Commissioner Kennedy and carried unanimously.
Commissioner 5trang arrived at this time -- 1:50 P.1�.
In regard to the bid for repairing the water tanks, the CiLy Manager reported
that the bid of Clayton F. Ogles had been tabulated and found to be in order;
therefore, he was recommending that the Commission accept it as it was the only
bid received. Commissioner Kennedy moved that the City Manager's recommendation
be accepte� that the contract be awarded to the bidder, C13pton F. Ogles, for
inspecting and cleaning the standpipe on Gulf-to-Bay BouZevard; for cleaning,
inspecting and painting the water tank on Railroad Avenue,to clean, inspect and
paint the water tank on Semir_ole Street and make special repairs on the Seminole
Street tank £or an approximate aggregate cost of �11,000.00. Motion was seconded
by Commissioner Bohannon and carried unanimously,
The Mayor announced the Public Hsaring on constructing a sanitary sewer in
Pierce Street from the east line of the Atlantic Coast Line Railroad right-of-way
to the eas� line of East Avenue and constructing a thirty foot pavemert and curb
in Pierce Street from th� west right-of-way line �f the Atlantic Coast I.ine
Railroad to the wes't ri�ht-oi-r�ay line of East Avenue. The City Engineer estimated
that the pavement and curbing would cost �6.29 per front foa� and that the sanitarp
sewer would cost �3.05 per front foot. `rhe following officials of the A�lantic
Coast Line Railraad were present: Mr. J. J. Stockard, General Superintenden•t;
Nr. J. L. Ker�nedy, District Superintender_t; Mr, Baya M. Harrison, Division Counsel;
Mr. Norman C. Shepard, General �ttorney. I�Ir. Harrison addressed the �ommissian
stating tha� part of the propertp advertised to be paKed wa� the pr�vate
property of the Atlantic Coast Line with the title received under a deed dated
March 1�, 1$$9. Mr. Stockard addressed the Commission pointing out three points
of objection: first, that the arossing would be a hazard to pedestrians, vehicles
and for the railroad; second, that the City would no doubt require automatic
signals at the crossing; third, that this would be an openin� wedge to ob�ain
other crossings. The City Attorney read the letter written t�y r4r. Harrison
objecting to the proposed zmprovement over the tracks near Pierce Street which
stated that the City had no authority to encraach an the rai]road right-of-way;
that any such action would serve to de;>�rive the companp of i�s propertp withou�
just compensation and without due process of law; and that ti;ie proposal of the
City was without the consen� og the company. A letter was r�:ad irom Mre J. J.
Stockard objecting to the construction o� a crossing traversing the right-of-way
and advising that the company will not voluntarilp undertake such construction
and would defend possession of its property. These le tters are set out in the
gollowing �ages of these minutes and by r�ference made a part hereof. The City
Attoy�ney stated that the City has authority to opefl streets aver the railroad
tracks if i� is deemed for the public good or r�ecessity; that th� Citp Comm�ssion
may first giv� ths railroad opportunity to construct a crossing; then if the
railroad does not, the City can construat the crossing and assess the co�t to the
adjoining prn gerty owners. Mr. Harrison stated that the charter proeisian does
not apply, but he had no objection to the manner of giaing notiee'of the Public
Eiearing. The i�ayor inquired. if any of the private property owners objecLed to
the proposed construct:,on and there were no objections from the audience. The
Mayor asked if, acting �n the supposition that the railroad owrns the right-of-way,
the Commission would want to ofier to purchase the property at what a Board of
Arbitration wou].d establish as a fazr price. Commissioner Russell moved that the
Atlantic Coast Line Rai.lroad Company is hereby offsred for its prnpei•ty between
the north and south lines oi' Pierce Street extended across the property of the
Atlantic Coast Line Railroad Company at the juncture of the trac�ss of the
Atlantic Coast Line Railroad Gompany and Pierce Street such reasonable compen-
sation as might be established by a Board of Arbitratian, independent appraiaers,
or any other fair and just procedure to be a�reed upan between tho Railroad
Company an,d tlae City of Clear��ater. Motion wa� seconded by Commissioner-.Strang
and carried unanimously. In answer to �n inquiry from the Mayar, Mr. Stockard
replied that he was not in a position to comment on the proposal at that time
and requested a written copy of the proposal.
, :.
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_2_
' CITY COMMISSION MEETING �
June 20, 1955
Commissioner Bohannon moved that the proper officials af the City are hereby ��
autharized and directed to place in the registry of the Circu�t Court ior the
Sixth Judicial Circuit the sum af �5,000.00 from which to pay the Atlantic Coast A
Line Railro ad Company for its property necessary to accomplish the work outlined
in the notice of this Public Hearing in the event that the Company fails �o agre ��
to the establishment of just co�ipensation therefor according to the preceding n
motion within ten daps from this date. Ndotion was seconded by Gommissioner Jb^ �
Russell and carried unanimously.
Reprc:sentatives o� the Seaboard Railroad present were Mr. C. E. Be1Z,
Vice-President; Mr. G. H. Lineberger, Jr., Division Superintendent; N�r. E, D.
Mays, Frezght Traffic Manager; Mr. Ross Norton, Local Agent; and Mr. E. B. Casler,
Attorney. The City Attorney read a list of objections of the Seaboard Air ifne
Railroad Company and an identical list of objections from the Tampa and �ulf
Coast Rai lway Companp, both signed by NIr. C. E. Bell. These lists are set out
in the following pages o£ these minutes and by reference are made a part hereofo
Ma-. Caslar addressed the Commission objecting to th� proposed construction on
'behalf of the Seaboard Railroad. The Mayor went over each objection on the list
separately and discussed them with the Cemmission. No additiona�. objections were
made by the representatives of the railroads. The Gity Attorney read a Resolution
from the Merchants Association stating that there was an imperativ� need to
open raor� streets over the railroads in order �o permit development of the
business section and to �elieve tra£fic congestion and asking that Pierce,
Hendricks, Jones azd Maple Streets be openad across the tracics. He also read a
Reaolution fr�m ths Kiwanis Club endorsing the opening o£ Pierce, Hendricks and
Jones Streets across the railroad tracks. He stated there were numerous other
endorsemenLs from cidie orgarizations an3 individuals� Mr. G, E. Bell spoke to
the Commission suggesting that his company would be uilling to discuss tradin�
some of its property near Pierce Street for �rc o£ the City property between
Drixid and i'4a.gnalia �treet (Blocks 29 and 32, Magno].ia Park) so that the Seaboard
cculd �ove its sidetracks. He stated that the Seaboard could move the loading
platform back at onr,e, than latex� aftPr proper filling and leveliag of the
proposed new locatian, the side tracks could be moved at an estimated cost to
the railro3d of �3Q,OUO,JO if negotiations with the City lead to a satisfactory
agreement. The Mayor commented that the Gity was halding the property mentioned
for the future development and use by the railroads and indicated that the
Commission Hauld be interested in discussing the groposal. Commissianer Kennedy
moved that the Public Hearing be recessed to be reconvened at this same locat3.on
on July 5th and that in the intervening perio� the Commission might possiblp
have a chance �o satisiactorily negotiate with �h� Seaboard Railroad through Mr.
Bel�. and the Atlantic Coast Line would have a chance to decide wh�� procedure
to fo1�lo�a. Motion was seconded by Cam�issioner Russell and carried unanimously.
The Commission planned to have a conference with Mr. Bell at noon on Thursdaq,
Jtane 23rd.
The Mayor announced a Public Aearing on the reques� of J. W. Lester, Jr.,
Ida Mae Lester and R. �i, Thompson �onstruction Company to permii "M�T (Manufacturing)
usage of Zots ll, 12, 13 and 7t�., Block 1�, Milton Park Subdivision, presentlq �oned
R-!�. He explained that yIr. E. B. Casler, attorney for the petitioners, ha3 asked
for a re-hearing of the matter as he had some new material ta present. Mr. Casler
add�essed the Commission stating that his clients would ]�ike to change their
request to perffiission for TMBTM (Business) usage of Zots 11, 12, 13 and 14. Mr.
I,ester informed the Commission that the zoning of the property was formerly
Manufac�uring and that he was out oi town at the time the City adopted the Zoning
Map making it &-k. Mr. R. 2+I. Thompson, �r., explained t�at he would like to
purchase Mr: Lester°s property, and if �ranted permission for Business usage, he
would be vrilling to set the buildings back �en feet from the property line. The
City Attorney read the Zoning BoardTs recummendation of January �, 1955, to deny
the request until the owners of I.ots 1, 2 and J, �lock y., are in agreement with
"MTM zoning. The Citp Attorney reacl let�ers from Mrs. 0. E. Blaaiton and Mrso
Mathias Widich, affec�ed property owners, protesting the granting oi the request
for Manufacturing zoning. A note wras read from Mrs. Mary V. Gren�lle, Qwner of
Lot 2, Block t�, that she had no objection to the petition b eing granted. It was
indicated by Mrs. Godwin, ocaner of Lot 1, and Mr. Joseph Fo Gibiso:�, owner ag
Lot 3, Block !�, that they would not object to Business zoning of Lots 11, 12, 13
and 14. Mr. R, ii. Beck, objecLed to the 3ots being aoned for Business as �iid
Reverend J. A. Self on his own beha�f as a property owner and also on behalf o� the
trustees of the Church of God. Having held this Public Hearing and heard no valid
objections, Commissioner Russell moved that the request of J. W. Lester, Jr., Ida
Mae Lester, and R. M. Thompson Construction �ompany to perm3t "Btt (Susiness)
usage o� Lots 11, 12, 13 and 14, Block 4, Milton Park Subdivision, presently zoned
R-1�, be permitted w`�th the under�tanding that there be a ten foot setback from
Grand Centx�al and a ten foot setback from Myrtle and that no tool sheds or similar
buildings be put around the place. Motion was seconded by Commissic�ner Kennedy
and carrisd unanimously.
Con�nissioner Bohannot.;i moved that the Commission reconsider the request oi
Harold Paul Fox to use Lot 15, Black $1�, Mandalay Unit 5, as a parkin� lot in
conneetion with a proposed motel project on Lo�s 3, /�, 9, 10 anfl 13, Block $2,
Mandalay Unit 5. Motion was seconded by Commissianer Kennedy. Upon the vote being
taken, Commissioners Bohannon, Kennedy, Russell and Brown voted ttAye". P�otion
car•ried. Commissioner Strang did not vote as he had requested permisaion to
refrain from participatiing in the discussion and the voting si�ce it concerned
one of his clients.
3 �' �
-3-
CITY CO?�fISSION T�tEETING
June 20, 1955
The City Attornay reaci a letter from Mr. Fday Ulmer, attorney for Mr. Harolci
Paul Fox, which stated that Mr. Fox would have no cbjection to hard-surfacing
Lot Z5 by blacktapping or other material if �he request to use as a parking lot was
granted. Mrs. Fred Reitz, an affected proparty owner, appearr�d before the
Commission objecting �io the granting of the request. Cc,mmissioner Russell quoted
the opinion of the Zoning Baard on Mag 6, 1955, that Paragraph 9 of Section VaA
of Ordi.nance 627 authorized use as a non-commercial parking lo� of property
located in R-4 and R-M zones, H'e alsn quoted the Zoning Board�s recommend.ation
of April $'y 1955, thais the request be granted and that the Zoning Board 3nter-
preted the Zoning Orainance provision for abutting parking as applying in this
case because the property abuts across the street. Therefore, being as this has
been brought to the Commission bq the Zoning Board with its interpretati�on,
Commi�sioner Russell moved that the request of Karold Paul Fox 'to use Lot 1�,
Block $1�, Mandalay Unit #$, be approved as a parking lot in conjunction with a
proposed motel pro�ect with the provision that this a,ot be hardtopped; further,
that only cars from the proposed motel can use this property and th at this parking
lo� cannot be used for parking ior profit. Motion was seconded by Commissibner
Bohannon. Upon the vote b�ing taken, Commissioners Russell, Bohannan, Kennedy
and Brown voted "Aye�T. Motion carried. Commissioner Strang did not vote.
The City Attorney read on its third reading Ordinance 6$1 whieh wauld amend
Ordinance 609, the Occupational License Ord�.nance, to include a cZassiTicatian
for Journeyman Plumbers, �ommissioner Strang moved that Ordinance 6$� be passed
and adopted on its third and final reading.and that the proper officials be
authorized to execute it. Motion was seconded by Cornmissioner Russell and carrieri
unanimously.
The .�,ity Attorney presented a Resolut3on concerning pu�ting the zoning on
the Zoning Map of subdivisions previously zoned buti not entered on thQ mapo
Commis sioner Kennedy suggested that the Resolution be.referred to the Zoning
Board to be reviswed and checked against th e m�ster Zoning Map before being
considered hy the Commission. By consent, the Commission agreed to this
procedure.
The City Manager presented a Reso lution requiring nineteen proper�y owners
to clean their lots of weeds and underbx�usho Commissianer Strang moved that the
Resolution be adopted. Pdotion was seconded by Commissioner Bohannon and carried
unanimously.
Mr. Herbea�t M. Blanton, Sr., appeare� befors the Commission rEqussting that
the City proceed with purchasing the necessary right-of��ray to extend Myrtl�
Avenue south to Lakeview and west through TMD" Street to connect with Indian Rocks
Road and north to connect with Milwaukee Avenu� along the lines approved by �he
Commi.ssion in Iq51. He presented petitions signed by 152 people requesting that
iunds be set aside in the 1955�'Sb budget to acquire the right-of-way. The
Mayor reported that the Gitq Manager has purchased right-of-way on North Myrtle
Avenue just north af Drew Street and the City has most of it up to Seminole
Street; however, the City has not purchased the Plumb propsrty but is now
negotia�ing with Mr. Lester Plumb to ptaz�chase it from the heirs of the esta�e.
He stated tha� the Commission has had meetings wiY,h the State Road Board officials,
with Mr, C. A. Peterson before he lsft the service o£ the County, and all of the
Countg Commissioners within the past three months on the s ame subject and theq
were assured by the County that tne money wou].d be placed in the budget to extend
and improv� Myrtle Avenue. Com�uissioner Rohannon offered to accompany Mr: Bla �tor►
to a meeting of �he Countp C�mrnission to present the petitions in ord�r to insure
the appr.opriation of funds in the County budget and Mr. Blanton accepted �he offer.
The City I�lanagsr reques�ted the approval of transferring �71�,155,55 from �h�
Qigarette Tax Fund to the Ganeral Fund. Commissioner Strang moved that the
transfer be approved. Moti,on w�s seconded bp Gommissioner Russell aad carried
unanimously.
It was reques�ed by the Manager that the transfer of �100,000.00 from �he
Utility Fund t o tl-ie General Fund be approved. Commis �oner Russell moved that
the transfer be approved. Motion was secondad by Commissioner Strang and carried
unanimously.
There being no further business to come before the Corumission, the meeting
was adjourned at 6:20 P.M.
/- G!� �i
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CITY COMntiiSSION MEETING
June 20, 1955
Mayor Herbert M. Bro�,m
Gommissioners: Jack Russell' W. E. Strang, Jr.
Guy L. I�ennedy, J. N. B�hannon
June 17, 1955
Gentlemen.
The City Gommission will meet in Regular Session on Monday, June 20, 1955 in
the Gity Hall Auditorium to discuss the items listed on the attached Agenda.
Meeting time will be 1:30 P.iUl.
Very truly yours,
�s� F. C. Middleton
FC�l:s City Manager
Enclosures
Agenda - City Commission Meeting of June 20, 1955
City Hall Auditorium
1:30 P.M.
1. Invocation, Ths Rzv. Paul M. Kinsport, 101� Aurora, Clearwater, Fls.
2. Approving the minutes of the Regular Meeting of June 6, 1955 and the Special
Meeting of June 13 , 1955.
3. Awardin� of bids for the repairs to N�ater Tankse
�.. Public riearin;s
A. Construct an ei�ht ($) inch sanitar;� sewer and appurten�nces in Pierce
Street from the east llne of the Atlantic Coast Line Railroad riah�-of-
way to the existing sewer in the east line of East Avenue and c�nstruct
a 30 foot pavement and curb in Pierce Street from the west right-of-way
line of the �tlantic Coast Line Railroad to the west right-o�-way line
of Fast Avenue.
B. Request of J. W. Lester, Jr. , Ida Mae Lesi,er an� R. I�I. Thompson
Construction C�mpany to permit "M'� (Manufacturing) usage of Lots 11,
12, 13 and ll�., Block L�, P�4ilton Park Subdivision, presently zoned R.../�.
C. R�consideration of the r equest of H3r�old Paul Fox to use Lot 15,
B1ock $�., P4andalay Unit 5, as a parking lot in conjunction with a
proposed m�tel project. The property is Fresently zoned R-M and is
located an the west side of Poinset,tia Avenue betiveen Royal Way and
Somerset Stree�-.
5. Commission's consideratzon of items from the City attorney's Office:
A. Passage and adoption on third reaciin� of Ordinance ��6$1, relative to
Occupational License for Journeymen Plumbers.
B.. Resolution to City Engineer relative to putting zoning on the Official
Zoning Map of the City.
6. Utility Improvemenics.
7. Lat Mowing Applications.
$. Any ather itzm rct on the agenda will be considered with the consan� of
the �omrnission.
Adjournment
Conmission acting as Trustees for the Pension Plan.
June 4., 1955
Fiie: 13-2217
Mr. Charles M. Phillips, Jx.
Citp �?ttorney, City of Glearwater
Post Office Bax 134�
Clearwater, Florida
Dear Mr. Phillips:
Reference is made to yoar letter of May l�th in which you, on behaZf of the City
of Glearwater, notify �ur Company t� construct a crossing at the intersection
of our tracks with Pierce Street in Clearwater. Your Ietter further informs us
that unless the company undertakes and completes construction of the crossing
within thirty days frnm tl�e date of the notice, the City will acco mplish the
construction and wi11 charue the compar�y therefor, imposing and foreclosing a
lien, if necessary.
In reglying to your letter, I respectfullzf advise that the property upon which
�ou contemplate a crossing is the private pr.operty of. this com�an�. As the
ov�ner thereof, the compar.y vigorously objects to the construction of a crossin�
tiav2rsing the ri�ht-oi-way,
For the purpose of informing the appropriate municipal authorities, you are also
xespectfully advised that the company will not voluntarily under�akE such
construction on its own part and will actively defend possession of its property
in such manner as it may be advi�ed.
Very truly yours,
/s/ J, J. Stockard
G�t�eral Su�erintendent
(Southern Division, Atlantic
Coast Line Railroad Cornpany,
Jacksoz�ville, Fla.)
�;:> �3 .5
CTTY C�MIKISSION MEETING
June 20, 1955
City oi Cle�rwater June 16, 1955
Clearwater, Florida
Gentlemen:
As legal representatives of the Atlantic Coast Line Railroad Company, and in
further�nee of yo.:r notice of �ublic hearing to he held on Manday� Juns 20,
1955, at L•3Q o'clock P,M., and to f ile writte�i objections to the cityfs
proposal tq construct a crossin; over the company's tracks near Pieree Street,
you will please take note of the following vrritten �bjections:
l. The City of Clearwater is V�ithout authority to interfere with or
encroach upon the property and ri,�,ht-oi'-way of the rail.road at the point qf the
pro�osed crossing.
2, Any actian of the city in furtherance of its expressed intention
would violFte the constitutional riUhts of the comfiany and would serve to de�rive
the company of its pro�ierty without just compensation and without due �rocess r�f
l�w.
3. The proposal of the citl is without the permission or consent, express
or imrlied, of 4he company.
4•. The railroad reserves all rights to express or. record such i�arther
objections as it may be advised,
Very truly yours,
MAAiN, HARRISON STORE, ROI�EY Sc MANN
Division Counsel
BNiHJi��c� By /s/ Baya M. Harrison, Jr.
• harles Pi, Phillips Uivision Counsel, Law �epartment,
atlan�ic Coast Line Railroad
Company, St. Petersbur�, Fla.
OB JEC T.�.O NS
TO THE HONORtaBLE CITY CO_MNIISSION OF TiiE CITY OF CLEAR?r»TER:
The 5eaboard Air Line Railroad Com�any files this their objeetions to the
constructicn of a sanitary sewer and thirty feet of pavement and curb on rierce
Street from the west right-of-way line of the tltlar.tic Coast Line Railroad to
the west right-of-way line of East Avenue, for the following reasons:
1. The public hearing set ior June 2t�, 1955, was not called in accardance
vaith the 1avr.
2. The cornmission is �vithout authorit� t o pass upon the subjact matter
contained in the notice of public hearing because the hearing is
illegally const ituted.
3. The city is without authority to determzne to assess these objectors
for the improvements described in the notice �ecause no benefits would
accrue to the objectors.
4.. To perforrr the constructi�n described in the notice of public hear;ng
would serve no civic purpose and would work unnecess2ry hardship upon
the objectors.
5. The City of Clearwater is without leoal authority to perform anp qf the
construction described in the pul�lic notice.
6, Section 123 of the char�er of the City of Glearwater does not apply to
the construction described in the notice of public hearir_g at the
location described therein.
7. tierce Street does not exist from the west line of the right-of-way
of the Atlantic Coast Line Railroad to the w est right-of�way line of
East Rvenue,
$. The Gity of Clearwater is esLopped ta perforn �he construction described
in the noticP of public hearing.
9. It is the duty of the City of Clearwater to take care for the citizens
of the city in its streets and the construction contemplGted by the
notice would create a death trap far pedestrians as well as vehicuZar
passengers, and completely disrupt the vperation of the objectors'
business,
10. The objectors have good legal title and the exclusive right of occupancy
thereof to part of the lands describecl in the said notice, and the City
oi Clearwater has no legal rioht to usur� the same.
• fs� C. E. Bell
Vice-President
Seaboa.rd Air Line Railroad Cc�.
■'i.
■
CITY COMMISSTON MEETII3G
June 20, 1955
June ].4, 1955
R. G. Whitehead, Esq.,
City huditor and Clerk,
City o� �learwater, P.O. Box 134$,
Glearwater, Florida
Dear Mro �rJhitehead;
Thank you for send�ng me copy of your leb�er of June lOth regarding
reconsideration of the request of Harold Paul Fox to use Lot 15 Block $¢
Niandalay, Unit No. 5 as a parkin, lot in conjunction with his proposed development
across the street therefrom,
I have heretofore oral�y informed Mr. Middletc�n, Citg Manager, of my long
distance telephon� conversa�ion with my client, Harold Paul Fox, during which
conversation he stated to me that he would have no objeatior_ to the City
Commission grantang the proposed request with the provision that prior to actual
use af ,such 1ot for such purpose same must be hard-surfaced by use of blz.cktopping
or like hard suri'ace materiaZ. IJaturally he wauld not concrete fi he lot but
would be willing to install hard surfacing such as black topping, etc.
Will you kindly inform the Commissioners of this communication and tell them
that if the proposed request is grar�ted upon reconsideraticz. Mr. Fox shaZl proceed
with his pla.n_ as quickly as is possible and shall not use the 1ot for the proposed
parking ;�urp��ses unless and until the hard-topping has been installed.
Please convey my sincere appreciatic+n to �he Gommissioners in this matter and
my sincer� regrets concerning my inability to be �resent in person.
Sincerely ynurs,
REU/mu /s/ Ray E, Ulmer
�532 -D 5outh Fort Harrison Aye.)
The Board of C:�ty Commisszoners May 17, 1g55
City Hall
Clearwater, Florida
Gentlemen:
In �he early part oi January yo� conside„ed and rejected a Petition for
rezoning Lots 11, 12, 13, and ].1�., oi Block ly Milton Park Subdzvisian, Clearwater,
Flo,:i.da, which particular lots are located on the north side of the 700 Block,
Grand Central Avenue. A copy o� the Petition is a�tached herewith,
Since that time there has arisen some addztional iactors which your
Petztioners wouZcl like to present to ttxe City Commissioners and there#'ore we ask
for a re-hearir_g of the original Petition in order ta consider these new
matters.
It is the understar�ding of the original petitioners tha.b some of the parties
who originally objected to �he proposal have now wzthdrawn their objections.
We therz�ore request �hat this matter be placed on the agenda for the next meeting
of �f�e City Commission with adenuate notice given to all interest�d parties.
Very traly yours,
CASLER & DOUGLAS
Enci. �s/ E. $. Cas].er, Jr.
PET1T2C3PJ
To the Honorable i�ayor and �ay 3�' i9fi5
�ity C�m:nis�ioners
City �f Clzarwaf,er, Floxida.
kTe, the tlnderszgned taxpa;�ers of tha City of Clearwa�er, do hereby petitio�.
an+� urg� vau to provids in the 1955 Budget sufficierit funds to acquire the
nece�sary right-of'-way for the exten.siUn o� Myrtle A�renue south to Lakeview
Av2ntxe and �hence west Lhrough �'Dt� Street tn connect wi.t?� Indian RocYs Road;
and north �o connec�G wi�h Milwaukze Avenue along the lines approved by �he City
Cc.?mmxssian and State Highway �n,�ineers in 19�1, We reo,uest•that you nrge the
Stiate Highway Commis sion to complete said st.ree't extension to Lakeview Avenu� on
�he south and Pa1me�G�o Stirept on �he nprth before nex� tourist seaaon.
Respec�.ful:ly submitted,
Signed by 1�2 people
CITY CQMMISSIOII MEETIIdG
June 20, 1955
RESOLUTTON
�4HEREAS: it has been dstermined by thP Ci�y Commissipn of the Ci�y of
Clearsaater, Florida, tha� the property described below should be cleaned of weeds,
grass and/or underbrush, and that after ten (1Q) days notice and failure of the
owner thereaf to da so, the City should alean such property and charge the costs
tl��reof aga�.ns� tne respactive pxoper�y.
NO�d THEFiEF01� B� IT RESOLVED by the City Commission oi the Czty of Clearwater,
F],orida, that the followa.ng described property, sittxatE in said City, shall be
cleaned of weeds, grass an3�or underbru�h within ten (10) days after notice in
writing to the owners thereof to do so and that upon failure to comply with said
notice, the City shall perform such cl�aning and charge the costs there�f against
the respective properties in accordance vrith Section I2$ of the Charter of the
Ci,ty of ^.learwater, as amended.
NAME DESCRIFTION COS_T
Mary V. Aver� Lot 18, Bloek E 5,j�
(�20 7$th Ave. Avondale
St. Petersburg Heach
Mrs. Susie Stanley Zot 19, BlocI, A 4.00
P.O. Box 339 Breeze Hill
St. Petersburg
Julia E'. Ingham I,ot 20, Block A J�, 00
Spencer, ?^Iisconsin B��ee2e Hill
Sarafem Dervech Lots g, 25, 26, 30, 33, 34 2ta..00
30 Tdletaild St. Brookside '
Clearwater Beach
Russell A. V7enzel Lot 32 �..00
515 Brookside Brookside
C]earwater
Ha_ ,� L. Forney Zot 19, $o. � of lot 20 5.00
lj7$ I�anein St. -,_ - $lock B, Crest I,ake Park
Clearwater
Mr. John C. McEdtiaards Lot $, Block 1 S.QO
Big P�loose, N.Y, Keys�one Manor
Claud S. Nobley Lot 11 �,Qp
91�1� Beaverl.and Palm Terrace #2
De�roit, Mich.
Frence B. Bicksler Lot 22 and 21� $.00
11�61�, E. Druid Rd. Pal,�n T.errace #2
Clearwater, Florida
Leona i�Icl�lanus Lots 25 and 26 $.00
700 Skyview Palm Terrace #2
Clearwater
Dx, Max Cooper Lot 1, BZock C �,�p
297 Lenox Rd. Unit B, Skycrest
Brooklyn, N.Y.
Marie vI. Sanfard Lot 3, Iilock B �., pp
�.Ol� Palm Bluff Unit 6, Skycrest
Clearwater
Richard F. Schmid Lot 5, B1ock B 1�.00
191� Gleveland Unit 6, Skycres�
C le a.rwat er
John R. �urnison Lots 5 and 6 $,pQ
Box $«�. Hlock C, Unit 6, Skycrest
Clearwater
R. W. Gadwell Lot 3, Block A I�,pp
5030 Arlinoton St. Unit 7, SkycresL•
Rackford, I1L
Vernon E. Chewning Lots 2 and 3, B1ock C $.00
Auro•ra Ave, Unit 7, �kycrest
Clear.water
Frank C. Brinson Lot 1�, Block C i�, pp
15$7 �• �'�adison Unit 7, Skycrest
Glearwater
Mar�ha Frances Schultz 5625-I 13-29-15 10.00
5i�17 N.E. �Iiami �%ourt N. E, corner af
Miami, F�a. Gulf to Bay and �rian
Howard B. Fox, Jr. 5626-J 13-29-15 10,00
7251 Nineth Ave. N', �, corner of
St. Pe�ersburg, Fla. Gulf to Bay and Pegasus.
PASSED AND Al]OPTED BY THE Cit�* Commission of the City of Clearwater, Florida,
this 20th day of June, A. D, 1.955• �
�.TTEST :
�s� R. G. Whitehead
City Auditor and Clerk
�s/ Herbert M. Brown
a1
,
ORI7IN�iCE N0. b$1
AAI ORDINA�iCT AM�NDINC ORDI23Ai�CE N�. b09, TH� SAMP
B�ING AN OItDINAPIC� HEPEAL�N4 OADIN�NCE N0. 5$�3,
BEINC� SECTTON $ QF CHAPT�SR 19 OF MT:[� CQDE QF THE
CITY OF CI�ARNiAT£R, FLORIDA, 1950," AIVD B�I�IG THF'
OCGIIPATTONA�, LICERSE ORDrNANCE OF THE CITY OF CLEAR-
WATERs FLORIDA, BY ADDING THERETO �N ADDITIt7NAL
CLtkSSIFICi#TION EhITITLED +�FLUMBERS, JOtIRN�YMENtt;
PROVII2INv FOR T�IE FtEPEAL OF ALL ORDINAh�CES �R PARTS
� Q� ORDINAhCES IN COI�kI,ICT H�RES+IITH, I�ND PRQVIDING
FQR TH� EFF�CTIVE D�1�E AEREO�.
BE IT C?RD,AINED BY THE GITY COr�iISSIQhT OF T.kI� CZT? QF C�,EARWATER, FLORTDA:
Section Z. That Ordinance No. 609, the same being an ordinanae repealing
Ordinance No. 5$0, bein� Section $ of Chapter 19 of "mhe Code of the City o�
Clearwater, �loricia, 3q50t°, and laeing the Occupational License Ordinance of the
City of Glearwater, �'lorida, be and the same is her�by amended by adding thereto
on Pa�e 6 thereof, the follov�ir�g in its praper alphabe�ical order:
"PLUMBERS, Jaurnsymen.......a...o ....�5.00"
Section 2. That all ordinances and parts of ordznances in conflict
herewith are hereby repea].ed ta t;he extent of such con.flict.
Sec�ion 3. That this ordinance shall become effective immadiately after
its passage, and that the license herein provided shall be colleeted for the
fiz°st timE for the license year beginning October 1, 1g55•
PASSED ON �`IRST READING June 13, i955
PASSED ON SECOI�D READING June 13, 1955
PASSED ON 2`HIRD AND FI1Qt�L
R.EAAING AND ADOPTED June 2C�, 19$5
/s/ Herbert M. Brown
MAYQR-CON4�ISSIONER
ATTEST:
/s/ R, G, Whitehead
C I�'Y AUIlI TQR 9ND C LERK
� � �
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