12/21/1938>
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MINTJTES OP THE CITY COPIIMISSION
, December 21, 1938
The City Comrrli.ssion of the City of Clearwater, Florida, met
on the above date, in. special meeting assembled, with the following
members present;
L. A.. AlIarsh, Mayor-Commissioner,
D, 0. Batchelor;
J. A. Barry,
Herbert Grice,
The May�r-Co�issioner announced thaL this special meeting
was called and being held in pursuance to the follor,rin�; notice:
"NOTICE
T0: 1JIESSRS. D. 0, BATCHEL4R, R. L. BAY�R, J. A. BARRY, A1VD
HERBERT G��BE, City Covnnissioners of �he City or Clear��ater;
You are hereby notified that a specia? meeting of the City
Co�nission wi11 be held at the Gity Iial1 in the City oi CleararaLer
on the 21st da,p of December, 1938, at 11;30 o�clock A. bI., at whieh
time �here will be introduced, condidered and disposed of an
Ordinance entitled:
� AN ORDINANCE ESTAaLIwHINC� A PUBLIC UTII;ITY : 0 TL C'ITX
OF CL�kR�M1iATER, FLQRIDA, CO�vSISTING OF TEiE SAIdITAK� S�.n7ERIiG�
SYSTEM AS NO�V IIJ EXISTENCy' AIdD ALL EXTFNSIONS OR REPL�CE:�
141ENTS TTiEREOF: ESTEIBLISHING AND PROVI�IN� Rt�T�S AN� CHA.RG�S
FOR THE USE AND PRI�IILEGE OF USE OF SIICfi U^lILITYt PROUIDIPIG
FQR TH� CO�LEC^lION AND DIBPOSITION OF SUCH CHL�RGES, MAKING
IT UNLAWFU-L T� TAP OL; USE SIICH SYSTEM PJZTHOIIri' PAYRiEVT OF
ALL CHkRGFS AND FEES TIiEREFOR: 4ND PROVIDING A P-�N_�LTY FUR
ANY VIOLATION TIiEREOF� �
A copy of the said Ordinance is attached hereto and made a
part oi this notice. And the said meeting is hereby called and
designated to consider and dispose of said Ordinance.
You are, respeetively, requested to be present ats�id
speciAl meeting.
This notice is dated the �9th day of December, 1938.
(Signed) L. A. Marah, Mayor-
Commission.er, Citg of
Clearwaier, Florida,
We sccept service of the above notice and aclrnotvled�;e receipt
of a copy thereof, and of a copy of the Ordinance attached
therato, this the 19th day of December, 1938,
(Sip;ned) R. L. Baker,
D. 0. Batchelor, '
Herbert Grice,
J. A. Barry,
Cit� Go�mn.issioners, City of
Clerarwater, Florida."
Mr. Batchelor introc�aced Ordinance No. 439 entitled:
"Az� Ordinance establishing a PuUlic Utility £or the City of
Clearwater, Florida, Cons3sting of the Sanitary Se�verr��re Sgster,�
as na�v in �xistence and a11 Extensions or Replacements thereof;
Establishin� and Providin� Rates �nd Gharges for the Use and
Privilege of Use of Such Utility; Providin� for the Collection
and Disposition of Such Charges; Making it IInlawful to Tap or
IIse such System without Payment'of a11 Charges and Fees Therefor;
and Providin�; a Penalty f'flr any Violation Thereof�° and moved its
adoption U.pon its first reading. Seconded by Mr. Idarry, and upon
roll call, the following vote was p�1.lede
Ayes: Marsh, Batcizelor, Barry, Gx�3.ce. Nays, None. Abs�nt
and not vatingg Baker. ' '
Thereupon the Mayor-Commissrioner declarea Ordinanca No, 439
duly passed upon its f3rs•t readingo
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Mr, gatchelor moved that Ordinance No. 439 be read its gecond
time pg title only, M.��. Barry seoonded the mot3.on„ and upon roll
call, the follo�vin� nota was polled:
Ayes: Marsh, Ba�chelor, Bari�y, Grice. Nays, None. Absent and
not voting, Bakere
Thereupon the Magor-Comm3.ssionor declared the motinn passed
and said Ordinrznee was read a second titne by its title.
Idr. Batchalor moved said Ordin&nce be adopted as read. Mr.
Barry, second.ed the motion. Upon roll call, the folloeving vo�e
was polled:
Ayes: Mr. Marsh, BatcliElor, Barry, Grice. ?�T�ys none. Abs�snt
And not voting, Baker. .
Thereupon the Mayor-Connnissioner declared said Ordinance duly
passed upon its second reading.
Mr. Batc�telor moved -0rdinance rro. 439 be read its third and
final time. bSr. Ba�ry seconded the motion, Upon ro11 call, the
following vote vvas polled.:
Ayes: Marsh, Batchelor, Barry, Grice. Nays, none. Abse�e and
not voting, Baker.
Thoreupon the Mayor- Commissioner declared the motion passed.
and said Ordinance was read its third and final time.
IVIr. Batchelor moved said Ordinance be finali� adopted as read
Mr. Barr;� seconded the motion. IIpon ro11 cal1, the followin�; vote
was pcJ.led:
Ayes: Marsh, Batchelor, Barry, Grice. Nays: none. Absent and
not voting, Baker.
Thereupon tk�.e iliayor-�onunissione� declared the mo�Eion passed and
Ordinance No. 439 duly adopted a:�.d si�ried said Ordinance and approval
ther eo £ .�,
Mc�ved by Mr. Batchelor, seconded by I�1r. Barry, and carried,
that the Gity Attorne� be instructed to dismiss the Bankruptcy suit.
I�r. Batchelor introduced a�esolution eiztitled:
"A I�E50LUTION ACCEPTZNG DEED TO CITY OF CEnTAITT PROPERTY ON SOUTH
OSC�OLA AV�NIIE,: IN TI3E CIZ�: OF CLEARtdATER, FLOPZIDA."
and moved its adoption. aeconded by Mr. Barry. IIpon roll ca1Z, the
follo�ting vote wrza polled:
Ayes� Marsh, Batchelor, Barry, Griee. Nays, none. Absent ancl
not voting, Balcer,
Thereupon the Mayor-Cozmn3.ssioner declared the Resolution duly
adopted, �nd sig�ned the same.
Noveci by Mr. Ba�chelor, seconded by Mr. Grico, and carrieii, tha�
Delinque�zt tax notes recently acquired by the Water & Gas Fund be
purcha.sed by the Bond Interest Fund.
Moved bg Mr, Batchelor, seconded by I�r. Barr�, and carried, that
the following transfers be made:
TransEer ��37_90.54 from Bond Interest Fund �o take care of"
overdraft in the Cap3.ta1 I'und, caused by payment o�: Kleunn j'udgment .
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Tranz�fer �7,10,081.39 from Water & Gas Fund to General F'und,
as divic�en�:, (Conf'irmation of a11 transi'ers in fisral year) .
Re�;urn �2,148.41 from Sinking Fund to Bond Interest Fund,
Retur� ��6,500.00 from Big Pass D�odgin� Fund to General Fun3,
Return ��1000.D0 from Police & Fire Dept, 2mprovement Fund ta
General Fund.
Mr. Batet�.elor introduced g}�:esolution en�itled,
'�RESOLIITION AUTHQRIZTNG CERTAIN CITY OFFICIFLS TO BORROW ON
BEHALF OF TIiE CITY TH� SUM OF' �30�000.00 AND PLIDGE AS COLLATERAL
FOR Sf1ID LO!�N R�'UNI�ITJG BONDS OF THE CITY.°
and moved its adoptio�. Seconded by:Nir. Barry.
IIpon roll call, the folloti+rin� vote was polled:
A�es; Marsh, Batche��v, Barry, Grice. Nays, none. Abaent and
not voting, Baker.
Thereupon, the Mayor-Commiasioner declared tne Reso].u�ion duly
adoptod, and si�;ned t�e sa�e.
The City Commission p��oceeded to and did canvass the returns
of the General Municipal alection held in said Citg on the 20th
day of Decer,iber, 1938.
The official cAnvass made b� the Citg pommi.ss3on showed and
the said CiLy Commi.ssion did ��.nd that 1899 votes were c�st, and.
that for the offic� of I�ia�or-Co�ssioiler,
�;. B'. Casler, Jr., receitTed 1400 votes
Z. A. 11�larsh n 392 n
J. V. Davidson " 162 "
and for the offic,e of Commi.ssion�r,
D. O. Batclaelor recpived 640 vptes
R. A. Dempsey " 12'Tl "
C. M. Nall ° 720 "
W, V'T. Peeler " 848 "
Ballots mutilated 15
Thereupon Mr. Barry introd�a.ced the following resolution, and
moved its ado�tionc
VVH�EAS, the City Coimnission of the City oi Clearvaater, Florida,
as required by law, has met in special session at the 'Gity Hall in
eaicl Citg, at 12:�0 otclock noon on the 21st day of December, 1938,
to canvass the returns of the General Pdunicipal Election hel� in. said
Cit� on the 20th day of December, 1938, and whereas the follo�ving
number of votes vrere cast:
Uotes '�ast 1899
Votes mutila�ed 16
For Maj�or-Gommiasyoner:
E. B. Caslor, Jr., 1400
L. A. Marsh 392
James Vo Davidson 162
For Co�issi_oner
R. A. Dempse5� 1271
W. Nf. Peeler, � 848
C. M. Nall, 72d
D. 0. Batchelor 640
Therefore be it resolve�, that the City Co�nission finds that
E.'B, Ca�1er, Jr., �.as beon duly electad Mayor-Co�issioner, and
R A Dempse and W W Pee1 r h b d i
y e ave een uly elected Coffiniss or�9rs,
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to serve for terras af two years oach, from January 2ncl, 1939.
Passed and adopted by the Gitg Commi.ssion of the City or
Clear�vatei, this 21st day oi December, A. D. 18�8.
L. A. Marsh,
Mayor-Commissioner,
Attests
J. E. Satterfield,
City Auditor Fc Clerk.
The Citg Coumiission then proceeded to canvass the returns
of the Spacial �lection held on the 20th dag of December, 1938,
on the question:
"Whetlzer or not Ordinance No. 437, being an Qrdinance
entitled: "kn Ordin�nco Regulating and Restricting the Uae
of Land and the Location and IIse of Buildings and Structures
in the City of Clearcvater, Florida, ereating Districts or
Zones therefor, regulating the intensity of use of land
areas and the location of buildin�s and str�xctures tYiereon,
establishing b:ailding lines, providing a method of adminis-
traLion, and providing penalties for the viol&tion of the
terms of this Ordinance.°
and. in sai�3 canvass �ound that the vollowing vote viras cast:
Number of ballots cast �64
Ballots mutilated 2
Ballots for the ordinance 314
Ballots �gainst the ordiiiance 148.
Bdr. Batchelor introduced the follovring reso1ution and moved
its adoption. i�ifoti.on v�as seconded by Mr. Baker, and upcn roll
ca11, the follovring vote was polled:
Ages: Marsh, BatchPior, Barry, Grice. Nays, none. .Abs�nii and
not vot:Lng, Bal�er.
Thereupon the Mayor Commissioner declared the resolution dul�
ad�p•ted, and signed the same, as follows:
V7HEREAS, the 'City Comm3.ssion of the City of Clearwater, Florida,
met in spec.'..31 session ai: tha City Hall in said City on the 2@�is
day of Doc�mber, 1938, at 12c00 o�clock noon to canvasa the returns
of the speci�l municipal election held in said City on the 20th
day of December, 1938, s�.id election havin� been called and held for
the purpose o�' determiniig whether ���x�t� �'�x�}���������
of� not Ordinance No� 437, being an@x�dinance entitle�.:
��AN OtiDINANC� REGULATING AND RESTRICTING THE USE OF LAND AND THE
LOGATION AND USE OF BIIILVINGS EiTFD STRUCTIIR�S IN THE CITY OF
CLEARl�1ATER, FLORID4, GREATING DISTr2ICTS OR ZONES THEHEFOR,
R�GULATING THE INTENSITY OF USE OF LAND AREAS AND TFIE LOCATION
0� BUILDINGS AN� STRtTCTURES THEREON, ES�ABLISHING BUILDING T IDTES,
PftOVIDIATG A METI�OD OF ADBRINTSTRfiTION, 1�ND PNOVTUING PENALTIES FOR
THE VI�LATION OF TFiE TERn4S OF THIS ORDINANCE, ��
dhall go into effeet� and
WHEREAS, the said Citg Co�3.ssion did find that 464 was the
total number of qualified elector� residing in �he saici ci�y who
vated in said electiong that 2 ballots were mutila�ed, and
that 314 vatas v,rere cast fo� the Ordinance and 148 votes were cast
agains� the ordinance.
NOW, THEREFORE, B� IT RESOLVED BY THE CITY COMMISSION QF TIIE CITY
OF CLEARI°JATER, FLORIDA:
That the vo�ters o£ the city of Clearv�ater have approved said i
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Ordinance No. 43'7, and the same is hereby declarsd in Full �nrce amd
effect.
Passed and adopted by the Gitg Clo�ission of th9 City of Cleararater,
Fl�rida� this the �lst day o£ 3�ecember, A. D. 1938.
L. A� MARS`H�
Mayor-Commissioner
Attest:
J. E. �P.��TEF.FI�LD,,
City AYxditor �; Clark.
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Moved hg Mr. Grice, seconded by Mr. Barr�, that the meeting
be adjournod, and upon rall ca?l the.follovring vote was polled:
Ayes: �!larsh, Batchelor, $arr�, Grice. Nays. None, Absent and
not vating, Baker.
iNhereupon the Mayor Commissioner declared the meeting adjourned,
L/ v ���/��'�Y`
�Iayo -Comtta.ssi�ner
Attest:
� �,�urtor&C r .
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MIITUTES OF TIIE CITY COn'IMISSION
December 30, 1938
The City Commission of the Citg of Dlearwater, Florida, met on
tlze above date, in specia]. meeting asaembled, with the following
members preaent: Mr, Marsh, Mr. Batchelo�::, Mr. Barry} Mr. Grice.
Moved by Mre Batchelor, seconded by Mr. Barry, and carried,
tha.t Mr. Turnbux�ke be authorized to prepare an audit show3.ng the
condition of the citges 'pooYs and finances as oi December 31st,
1938, at a price of �150.00 in addition ta the amaunt paid for his
continuous audit.
Plfoved 'by Mr. Barry, seconded by Mr. Batchelor, and carried,
that the City Auditor & Clerk be authorized to cancel1e11 bonds,
coupons and delinquent tax notes held b� the City in any funds other
than water and gas funds.
Moved by hir. Batche3or, seconded by Mr. Barry, and carried, that
thP Cit� Auditor & Clerk be authorized to d�liver ten refunding bonds
to the First National Bank for delitrery to Mahlon D. Thatcher, who
h�.s a�reed to refui.d his old Clearv�ater bonds, ai�d thaL the bank ..
be authorized to hold the old boncis in escrotv until Mr. Thatcher has
accepted the ne�r bc�nds.
Moved bg Mr. Batchelor, seconded by Mr> Barry, that the follorving
miseellaneous expend�tures be author:tzed and confirraeda
�lectric plant project � �1430,71
Big Pass Project 475.90
Police 8c Fire Dept, Improvement 3.33
Colored Ball Fie1d �35•2a
Compilation of City Ordinanoes 177098
Draina.ge Dit�cnes 820.73
Water Softenin� Projeet 31,70
Parlrways 1Z6 .53
Aviation Pield 16,37
Recreati�n Completion 82.15
Ganeral �ngineering 241.49
Pistol Range 25.61
�3657.74
There be:ing no further business, the meeting tivas thereupon
adjourned.
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ayor- omm�.ss oner
Attest:
y, uror&C r�.
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