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ORDINANCE NO. B18
CTINO COUDL&TION UY THE
AN ORDINANCE DIRE
CITY OF CLEARWATER,~CLEARWATER, FLORIDA, OF
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CERTAIN PRIVATELY OWNED' 'LANDS FOR MUNICIPAL
USE AS A PUBLIC,OFF-STREET PARKING LOT REGU-
LATED BY PARKING METERS AND OPERATED I3Y SAID
- CITY; DESCRIBING SAID LANDS; FINDING THAT.
SAID PROPERTY-IS NECESSARY FOR SAID USE;
DESCRIBING THE.ESTATE TO BE ACQUIRED; DIRECT-
ING THE CITY ATTORNEY TO INSTITUTE SAID'PRO-
CEEDINGS TO ACQUIRE THE SAME BY EMINENT
DOMAIN; DIRECTING TIE.CITY MANAGER AND OTHER
EMPLOYEES AND OFFICIALS OF SAID CITY TO
EXE,CUTE OR.OBTAIN.ALL PAPERS, BONDS,
APPRAISALS, SURVEYS OR OTHER INSTRUMENTS
INCIDENTAL OR NECESSARY TO INSTITUTE AND
COMPLETE,SAID PROCEEDINGS AND,OBTAIN AND
DISBURSE THE-NECESSARY FUNDS-FOR THE
ACCOMPLISHMENT OF THE PURPOSES OF THIS
ORDINANCE; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES OR RESOLUTIONS TO THE EXTENT THAT
THEY CONFLICT HEREWITH; PROVIDING FOR THE
SEPARABILITY OF THE-PROVISIONS HEREOF; AND
PROVIDING FOR THE EFFECTIVE DATE HEREOF.
WHEREAS, by Chapter 9710, Special Acts of Florida,
1923, and•all Acts amendatory thereof, to and including Acts
passed by the Legislature in the year 1957, including Chapter
30659, Special Acts of Florida, 1955, and including all powers
derived under the general laws of Florida pursuant to Florida
Statutes 1957, the City of Clearwater possesses the right to
condemn private lands for municipal purposes deemed necessary
for the public necessity and convenience; and
WHEREAS, it is hereby determined and declared that the
free circulation of traffic of all kinds through the streets of
the City of Clearwater, Florida, is necessary to the health,
safety and general welfare of its citizens and the public
generally, whether residing in the City of Clearwater, or travel-
ing to, through or from the City of Clearwater, in the course
of lawful pursuits; and
WHEREAS, in recent years the greatly increased use by
the public of motor vehicles of all kinds has caused serious
traffic congestion in the City of Clearwater; and
WHEREAS, the parking of motor vehicles in the streets
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has contributed to this congestion to such an extent as to consti-
tute, at the present time, a public nuisance; and
WHEREAS, such parking prevents free circulation of traffic
in, through and from the City of Clearwater, impedes the rapid
and effective fighting of fires and disposition of police forces,
threatens irreparable loss in values of urban property which can
no longer be readily reached by vehicular traffic, and endangers
the health, safety and welfare of the genetical public and the
citizens of Clearwater, Florida; and
WHEItEffiS, the regulation of traffic on the streets by
the installation of parking meters and the imposition of charges
in connection with such on-street parking facilities has not re-
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lieved this congestion except to a limited extent; and
W1MREAS, said traffic congestion is not capable of being
adequately abated except.by provisions for sufficient off-street
parking facilities; and
WHEREAS, adequate off-street parking facilities have
not been provided and parking spaces now existing must be forth-
with supplemented by off-street parking facilities provided by
the City of Clearwater, Florida, as a municipal undertaking; and
WHEREAS, the property owned in fee simple by Maurice
B. Thayer, a single man, described as follows:
All of Lots two (2) and seven (7 , both in Block
five (5); and the South H?i1f (S of the West
121 feet and the South 38 feet of the East 87
feet, both in lot one (1) of Block five (5);
and the South 38 feet of-Lot eight (8), in-Block
five (5), all of the above described properties
lying and being'in GGULD & EWING'S FIRST ADDITION
TO CLEMIWATER, according to the map or plat.there-
of, as•recorded in Plat Book 1, Page 52 Public
Records of Hillsborough County, of whicA Pinellas
County was formerly a part,
is deemed necessary, convenient and appropriate an absolute es-
tate in fee sample, for use, ownership and operation by the City
of Clearwater, Florida as a municipal off-street parking lot re-
gulated by parking meters; and
WHEREAS, Resolution No. 59-36 was duly passed by the
City Commission of the City of Clearwater, Florida on march 16,
1959, declaring the intent of the City of Clearwater, Florida,
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to appropriate said lands; defining the purpose thereof; describ-
ing the property and setting forth the estate of interest therein
desired to be appropriated; and
" WHEREAS, immediately after the adoption of Resolution
e 7,?
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No. 59-36, Notice of said intention to appropriate said property
was duly served upon said Maurice B. Thayer, in writing, by the
City Manager; and
WHEREAS, the City Commission of the City of Clearwater,
Florida, and said owner, Maurice B. Thayer, a single man, have
been and are now unable to agree on the purchase prase to be
paid for said property,
NOW, THEREFORE, be it ordained by the City Commission
of the City of Clearwater, Florida:
Section 1. That the City of Clearwater does forthwith
elect to proceed to condemn the following described property
owned by the said Maurice B. Thayer, a single man, and acquire
the title to the same in fee simple absolute by eminent domain
pursuant to Chapter 73, Florida Statutes, 1957, as well as pur-
suant to all proceedings supplemental to eminent domain as pro-
vided by Chapter 74, Florida Statutes, 1957, to-wit:
All of lots two (2) and seven (7 , both in Block
five (5); and the South Half {S2? of the West 121
feet and the South .38 feet of.the East 87,feet,
both in Lot one (1) of Block five (5); and the
South 38.. feet of Lot eight (8), in Block five (5),
all of the above described properties lying and .
being in GOULD & EWING'S FIRST ADDITION To CLEAR-
WATER, according to.the map or plat thereof,-as
recorded in Plat Book 1, Page 52, Public Records
of Hillsborough County, of which Pinellas County
was-formerly a part.
Section 2. That the City Attorney be authorized and
instructed to forthwith proceed with the filing and cause to be
executed and prepared all of the.necessary documents, papers,
petitions, surveys, appraisals, or other instruments and pleed-
ings incidental or necessary to such condemnation proceedings,
and to fulfill the purposes of this ordinance.
Section 3. The City Manager, as well as all other
appropriate municipal, employees, authorities, and officials are
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hereby instructed to execute all papers and documents, pleadings,
bonds and other instruments incidental or necessary thereto in
! order to institute and complete said condemnation proceedings at
the earliest possible moment, and to obtain by any legal means
a
and disburse the necessary funds for the accomplishment of the
purposes herein provided.
Section 4. All Ordinances and parts of Ordinances or
Resolutions or parts of Resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
Section 5. Should any section, paragraph, sentence,
phrase, clause or other part or provision of this ordinance be
declared by any court to be invalid, the same shall not affect
the validity of the ordinance as a whole, or any part thereof,
other than the part declared to be invalid.
Section 6. This Ordinance shall become effective imme-
diately upon its passage.
PASSED on First Reading, April 6, 1959.
PASSED on Second Reading, April 6, 1959.
PASSED on third and Final Reading and Adopted,
April 6, 1959.
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"Alex D; ffli inch
lor-Commissioner.
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Attest:
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C u itor an Clerk
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The Clearwater gun 1itovm Or PABSAOR of annntAxan
' Published Daily AN ORAIINAVC13 CDIRZCT1Na CON'-
f Clearwater, Pinellas County, Florida Q UNATIO En g FI.Ofi E o CF ' OF CUIC4
STATE OF FLORIDA TAIN PRIVATUX OWNED LANDS
COUNTY OF P1NEI.LASt FOR MUNICIPAL USE AN A. PUBWO
0rF•sTUV.ET PARKING LOT REOU-: .
Before this undersigned authority personally appeared W. S. Zecbach, who LATED IIY PAnxINa ur r11na AND
on oath says that he to the General Manager of the Clearwater Sun, a dally nowsP? NO er )XQ 8AI17 DA213 I. BY sAIANDAtSAID CI FlN13 UI AD1CITTHAT
IIATFY, , .
published at Clearwater ! Pinellas Cau t Floridar that th attached tapir of SAID PhoPEATY is M crussAny TOR a 1
?+Iotlee or Passage of ordin.anee ToiD VON. bY.CCR 111N6 T1irit e'1Tititi
';. advertiarment. being a .......................................... CITY kT 0 Ut?Y ITOmtsBTITUTE
.. MAID. O ?lNaB .AC4 nA .
.......1....?...?........?.... ...... ...................................... in this matter of Tilt SAUD nY EMINENT DOMAINi
AND OT1i>v[; SMPI.07EP8 ANA Ot'F!•
{ ..Oi+i++F] ii+,? V ii . Il ?(n . V?.S ......................... . ......... DIRECTING MP LAITY AND ITANAOER
CIALE OF SAID CITY TO rAECUTZ
Olt OBTAIN ALL PAMPA.
• ......., ...................... ArhtlAleALB. eU16VEY8 an OTtIEtt. ' • ?
INSTRUMENTS I N C I A F R T A L OR
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of published in s a
C o w
In this ............ ... NFCFk;SAIIY TO IN D E AND
.,. art C0M5lP IKTE T& RAID PROCEEREDI NOB AND
, OIITAIN AND AIItaUnaE TII$ NICCE9 1
" said newspaper in the issues of ..?]?.?.. a.?5g.. • .. • •. ..
Y PUNDS "It 771B COST.
'. ! PLIsinInNT ol"
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! t' 0 11D'O A or
..................................................... Trtls DINANCaI n V IN POU
i Tilt. REPEAL OP AM ORDINANCES
Afllartt further says that the said Clearwater Sun Is a newspaper published at OR ItESOLUTIOntt TOr7lIi: EXTICtTC
CONFLICT IARAIIt r UIT
Clearwater, In said Pinellas County, Florida. and that the said newspaper has heretofore iPnOV VdEY TND' 'i7lF e R
THAT CO MAR .
continuously published In sold Pinellas County, Florida, each day and has been of rills rnovlBloNSiIvRSOrt'AKZS
been
i PnovmlNO Fan Iri ICt'fTCJ vz
entered at second class mail matter at the post office In Clearwater, in said Pinellas AATO itlcn>;oF,
Caualy, x'iorlda, for a period of one year next preceding the lust publication of the PASORID 0N.FIlla7 t RAplita'` j
, attached copy of advertisement) and alliant further says that he has neither paid I. Acht e; Ittbp
not promised cmy person, firm or corporation any discount. rebate, corn on or refund PAINED ON s1:t oND IlivAl1lNa .:
A rkl a 1Y64,
?" s } for the palposo of assuring this advertisement for publication !n said apse. PAtlii$D ON TilIRD AND Rol j t
!., ^yt ItS.ADINO AND ADOPTXD "
Apm 4,,195t
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CITY' CITWX i '
ay5 ..:'- ri. r pie this 1?. ey of. Prll........ A. D. 1939... .Y , II rMJ-5: Yg. r`-- 3 , . , 1'. , • • i ,T • = . '4• ! S .1.:.. `
{f'••"?' Er+tt?' i'-yr????" 'l?alary?Publ![, Stale nl Florida r:t large , .°,, _'t;??' ?',• ;_??'?:.'-5
fkrtdt?k , '•.1 No" Public My [ommis?inn ^?pirc5 Alin 1 24, 1954. ; „' r; 1''• t
.i Banded liy American 5urrtY CO. of N. Y.
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