08/15/1939s
�
r
y.
! �
L�" �
,
.. �
� i
�
PdIN[TTE$ OF THL� M�ETING �F THE CT!FY CODlIIt2ISSI�N 3
�
The Gity Cou�ission o3 the Citg oY Clearwater met in
Speoial Mesting aseembled at the Cit�•?ia1T on the eveTling oY ,
Aug�st 15th, 19Z9 with the �ollowing members present:
E. B. Caeler, Jr., Mayor-Ca�i.ssioner
R. A, Dempsey
Herhert Grioe
�bseni: R. L. Bakar
PT. W. Peeler
The Yollowfnr� persons �vexe appoi�ted to serve on the
Electrioal Board:
Gu,y 0. Parker
Plilliam J. Lester
Sumner R. Lorve
There being no i'urther bnsinesa, the meeting waa
ad. j ourned.
�r
/
t�ia�ror-Commis aioaer
�
Atteat:
� � �;�'y�2��''�7 '
Gi�t,` Auditor and C1erk
;
_ _ __ _.. .,.._.�:.:»..._..,_-�:_......�.. . ..._ . _. .. � _. __.n..,i
�
�
�
' MIN[TTES OF THE M�E'PING OF THE CITY COMMISSI�JN
�
� The Oi�y Commiasion ef the Citg o� Clearwater met in
,. ,
� , regu3ar meetin� aesembled at the City HaZ� on the evenin,g o�
' Av.guat 21st, 1939, with the �ollc,wing members preaent:
�� .
.~�' L. B. Ce��ler, Jr. , I,3agor-Commisgioner
-' � a R. L. Baker
�, �
� R. A. Dempe6g
�' Herbort Grioe
Absent: �I. P7. Peeler
BQinutea o� �he previou� meeiing were read and approned.
' Ray E. G�een asked the Commi.seion Yor a donation o�
� 100.40 to the local PTelfare Board so that the moet needy
persone could be recerti�i�d and retuimed to the Reliet Rol3.
Moved by Ntr. Griae, seconded by I�ir. Baker and una.nimously
carried that the reqnest be granted.
Mr. Ziglar addressed the Commiseion with re�er;ena� to
lee.sing a strip e�� land 40 Yeet by 100 �eet noxth o�
E�reringham's Pav�lion �or the uae as an opan air bowling
alley. The Oo�mni.srsion was no$ in �avor of leasing the �'
land for any purpose. �
Mr. Brumby aske� permisaioa to sublease a portion a3
his property leased irom the City and v.sed as the Marine �•
Ways to Mr. Stoutamire. Mr. Stautamire is to ereot a `}
building on this property which will Qoat approzimat�l�
� 1,000.00. Mo�ed b� Mr. Baker, second.ed by h2r. Grioe and
unaaimonsly oarried that p ermission be granted witFi the
stipulation that su�'�icient inauranae be carried to oaver
the build�.n�.
Movad by flR,r. Grice, seoonded by Mr, Dempsey and
v.nanimonaly o�rried that the sa.m o� � 150.00 be loaned
to the Ye�erans o� Foreign Plars �or the purpose o�
de�rayin� �xpenae o� returning their Softball Tea�n to
C].earwater. This loan is to be repaid as soon as possible.
ARoved b� l�r. Dempsey, aeoonded �r Mr. Grioe and
unanimously carried that a trans�er o� � 3,000.00 �rom
the Gas and Water F�.ind to thd Gener�sl �ind 'oe appraved.
Tha City Manager reported to the Commissioaers that
he had/leased the store b�ilding owned by the ;ity on �iorth
l
Fort Harrison Avenue to Mr. Burnice Hamiltoa �o r� period oS
, three years at � 4Q.A0 per month. , tdovzd '�y RSr. Gritse, seoonded
�y lt7r. Dempsey ana unan�mou9i�• aarried that the lease be
.. approved.
. � . . . . � � . . . i .
� � . � � � . . ,..
` !
.. .. . ..�R .. .. . . . . . .. . . .. . . . .. .... . .� . . . . . . . .� . . . . . .�\ � ' � � .
�
�oQea b� mr. Grima, Seoonaea by n�c. �en�p�e� �na
unanimously oarried that the rales be waive& and Zoning
Ordinanae � 4b2 be pasaed on ita aeuond reading by title
only.
A Couuni.t•Cse oomp4sed o� the Ciiy .B.ttorney, R. 1�.
Demp�ey and Leo Butler wsa appointed to eon�er with
Captain I�owe to work out a lease on �Ir. Lowe'g progosed
yacht basin.
The �ollowing tax adjuatments were apprevsd:
I,ot 6 Bioak J o� Lakeview Heights �or � 40.00,
Lot 65 a� Glenwood for � 60.00,
and that $ 50.00 be aoaepted �'or assignment o� taa
sale oertifiaates an Lot 1 Biook ]. of 4ti. F. Hughey's
� �1'!. �.�u�/
Subdivision; an@ sa�.e oi'' Lot 7 Bloak C o� Belleview Court
to Mack Roberts �or � 55.00.
There being no �urther businesa, the meetixig evas
a�ijourned.
, � r
ayor omm ss o r
Attest:
F
`9�� � 1/ � �
'Ql�'�9 i� ���sy'yl'G0%�
� C��t� Auditor and Clerk.
S
�
'
�
�
E
I
Y
�
�
!
�_.
� Y ' ��,. . . .
�
m
0
_ . , .>
i�
,�
.I
�
�
�
r� `I
, , MINtJTES OF' T13E PlI'EETING OF THE CITY CO�,'AdIS�ION �
The Cit� Coffini:.ssion oY the City of Clearwater met in
' regular meeting assembled at the City Hall on the evening oi
Septsmber ll, 1939, with the following membera pre$ent:
R. L. Bakr�r, Acting �Ifayor-Commissioner
R. A. Dempsey
W. W. Peeler
Absent; E. B. Casler, Jr., I,Ifayor�Commissioner
Herbert Gx�il9e �
The Commi��ee composed o� the City Attornep, R. A.
Dempsey an.d Leo Butler pres�nted a Zeass which �hey had
drawn between Captain B. A. Lowe and the City of Clearwater,
for lease of the Yacht Basin. Moved by bir. Dempsey, seconded
by Mr. Peeler and unanimously carried that the lease be
executed.
Moved bg l�llr> �eeler, seconded by 1�Ir. Dempsey and
unanimously carrie�, that an ofPer oi' � 200.00 made by Mr.
Wo E, Ricks for Lot 10 Bloek 23 of Magnolia Park be rejec�edo
A petition requesting that the City 3nclude repairs to
the sidewalks on Seminole Street from �Pine Avenue to
Pennsylzania Avenus and on Pennsylvania 4venue Yrom Sem3.nole
, Stree't to Plicholson Street 3.n a WPA Project, ivas presented
and was referred to the City Manager.
The �ity l�danager opened bids on machinery in the
,Fi�h Plant, The Bid of Dave Gordon & C�mgany guaranteeing
the sum of � A,500�00 to be paid o�,or before �anuary 1st,
1940r being the highest and best bid was accepted,
Moved by Mr. Peeler, seconded by Mr. Dempsey and
unanimously carried that the resignation of Mro Fa C. Picker,
a member of the Zoning Foard, be aceept�d.
I4loved by Mr. Poeler, seconded by Mr. Dempsey and
unanimously carr3ed that the trarisfer of � 2,500.00 on
August 30�h, from the Gas and Water �nd ta the General
Fund be appr�ved.
Moved by Mr. Dempsey, seconded by Mr. Peeler and
unani�.ously caz�r3ed that the reeammendatioa of h�r. H. It2o
�
Turnburke that the�fiscal year be changed �rom 112ay first
� to July Pirst be aooepted. Authority was grantod allowing
the budget to carry a praportianate overdraft to take care
�, of the o�erating eapense of the �ity Por the egtra two months.
t' �ill gasoline bids were rejeoted.
i ',
4�
;
. � . . . . - 3- .. °'r4h . ��.
r.
. . _.�.a... . . . . . � � . . � . . . , � , � , ...,� . . !� i:
�
�
�
�
,. r
�
A�ioved by I�ir. Peelsr, seconded by rdr. Dempsey and
unanimously oarried that Mr. S. C. Coachman be appoin'ted
to fill the facancy on the Park Soard.
Moved by Ivtr. Dempsey, seconded by Mr. Peeler and
unanimously carried that the following Resolution 'be
adopted;
RESOLUTION
BE IT RESOLVED by the City Commissioners of the City
of Glearwater, Florida in meoting assembled, that the Mayor-
Go�issioner be, and he hereby is, authorized to enter into
an agreement with the ATLANTIC COAST I�INE RAILRQ.AD GOMPANY',
and to �ign sam� on behalf of said City, whereby the said
Railroad Compaay gives and grants uritn the said Gity the
right and privilege to lay and maintain for the purpose
o� city sewers, two lines of ca�t iron pi.pe across the
right of way and underneath the main trsek of the Railroad
Company in the City oi Clearwater, �lorida, as follows:
(a} A li�e of 8 inch pipe at a pAint 2215 feet southeast-
wardly, measurQd alon� the cer.ter line of said tracli, Prom
mile post 135 (from S�ford);
{bj A line oP & inch pipe at a point 370 Peet southeast-
wardly, measured along said center line ir�om mile post 136
(from Sanford).
As more particularly described in said agreement, dated
J'uly 29th, 1939.
PASSED AND ADOPTED by the City Conunission of'the City
of C�earwater, Florida, in meeting assembled this 1Zth dag
of S�ptember, 1939e
�, �
Mayor�CouIInissione
Attest;
%
/� "1
Ciiiy Auditor and Clerk
There being no further busin�ss, the m.eeting was
adjou�ned.
�
Magor- issione
�' 0
Attest:
i
L ����1
irfty Aud:.tnr and Cierk
�
,...: . � . � � � ., ,�;_,..�..�...._.d
,�_..,._ ..j..�.._�.._.... � ..._,,._.._.._... ... .., _..._._ ..�.,...: ..... . ._ ........_ . . . . � .._a.---�_,i .... ..... .. .�..... _..... ... . .
�
�.._:.,-.-..._..__.J4-.- .:..._ ........ . ...... ., _.�_....._�
LEAS�
�S AGxEIIi�IE[�T made and entered into this llth dag
of Beptember, 1939, by and betweeri CITY OF qLEARWATER, a
municipal corporation existing under the laws oP the State
o� Florida, hereinafter called the Lessor, and �3. A. I,OVJE,
J. C. HF..[�TDEI;SON, 8nd I,ELA HE�TDERSON, hereinaPter called
the Lessees, witnessath:
That the Lessor, Por an.d in consideration oP the
paymente provided to be made by t}�e Lgssees, and the
covenants herein contained by the Lessee� to be kept and
performed, and upon the terms and conditions an.d Por the
purppses herein set Porth, does hereby lease and let to
the Leasees the following described property located in
Pine11a3 County, Florida, to-wits
• Begin at Northeast corner oi tract oP land on
Cauaeway Blvd. leased to Harry P. Talbot under date of
August 7th, 1935; run thenee East along South Iine of the
street whieh is described ae a line parallel to and 15
Peet South of the edge o� the pa�emont oP Causeway Blvd.
340 �eet Por point o� be�inning; thence Suuth 25 Peet;
thence West 140 feet, thence South 200 feet; thence East
350 Peet; thence North 200 Peet; thence West 190; thence
North 25 feet; thence 1�Ves� 2� fee�t ta point oP beginnix�g.
�or a period of ten years from the Sirst day o� Januarg,
1940 Por the total rental of Three Thausand Dollars
(� 3,000.00) payable at the rate oP � 25.00 par month,
the first payment to be made o�,the first day of January,
1940, and subsequent payments to be made on the �irst day
of each month thereafter.
The terms and condit�ons of this lease and the mutual
oovenants and obligations oP the parties hereto shaZl be as
iallows:
l,. Lessees agree that they will, at their own. expense,
improve the lea3ed property in aceordance with certain plans
and specifications heretofore pxepared by the Lzssees and
accepted by the Lessor, which plans and specifications are
by reference incorporated herein and made a part oY this
agree�ent. These improvements include dredging operation.s
tn deepen the water along the snore Pront adjacent to the
leased property, erection oP a bulkhea�, iilling in of lend
behind the bulkhead, and the ere:;tion of a large doek or
pier, with a bui].ding thereon, and slips to provide dooking
space Por small boats. The I�essees agree to spend not less
than Forty-Five Hundred Dollars in making these improvements,
and to submit to the I,essor receipted bills or other evidence
showing that said amoun� of moneg has been expended by them.
I,eessees �gree to eos�ence said improvements as soon as
possible after the egecution of this leasa, and to complete.
them �s soon as possible. If said improvements are not
oompleted-on or bePore June lst, 1940, the Lessor shall
thereupon have th e right to cancel this lease.
2. It is understood thet the main purpose in tue
Lessees in leasing the above descxibed propertyand makin�
improvemen.ts �hereon is to prov�de docki�eg space for small
b�ats; anrl Zessees agree �hat thep will kzsp said docking
space available Yor use by any boat oViner, subject to the
paymen� of doak rentai:s charged by the Lessees, snd that
they will not disoriminata against anp boat owner in �the
matter of pro�ida.ng docking space.
3., LesRees agree thst during ti�e term of this lease they
will keep the dooks, buildings, buYktieads, and o�her improve-
ments on the leased property in a proper state of repaid,
and will kaep saia improvements i.nsured against fire Par
their full insurat�le value. Upon the expixation or cauotll-
ation of this lease, either by lapse of time or othQr�ise,
aZ1 improvements on the leased property shall become the
property of th'r� Lessor.
4. I,sssor agrees �hat it will not levy, ,assess, colleot,
orrattempt to collect �ny municipal. ad �alo�rum taaes on the
leased property while this lease remains ia f.orceo I,e�sees
agr�e that they will pay all State and County taxes that
may be levied or assessed against the lease� property during
the term of this lease, and �hat they will aot pex�it anp
State or County taxes to beoome delinquent.
5. If at enp time during the term of this lease the
City Coimni�sion o� the City o£ Clearwater shall determi.ne
that the leased property is needed for muniaipal piarposes,
then and thareupon the I,assor sha1.1 have the right to aancseZ
this lease upon giving the Lessees sixty days notiae in
writing. Delivery of suoh notiae to any one oF tha I.essees
shall be sufYioient to bind sll of them. But in the evont
that the Les�or ahall invake this olstise and cancel this
lease before the egpiration oi its terui, then the �essor
shall reimbursa the Lassees for the value o� the improve-
ments'placed on the property by the Lessees, said value
to be determined by receipted bills and other satisfa�tory
evi3ence submitted by the Lessees showing the actual amount
of mon�y expended by them in making said improvements. If
this lease is canaelled by the Lessor on or befoxe Deoember
31st, 1�42, then Lessees shall be reimburyea Por the full
vaZue of said improvements. It shall be considered that the
value of tl2e irsprovements wiil depreaiate 10°� per vear
co�encin� with the �'ear 1943; and if th�s lease i� canoelled
on or after January lst, 1943, �he amount to be pa�.d tho
Lessees as reimbursement shall be sub;je��t to a deduction or
discoun� of 10% per pear Por each yea� or portion of � year
that this loase remains in foroe after �anuary lst, 1943.
6. Lessees oovenant that any busi�ess or busines�ss
carried on by them on the leased property will be conducted
in such a m.�er as �ot to constitute a nu�?sa.�ae; and if the
leased pr�opertg, or any business or businesses condueted
thereon by the Lessees or anyone under thair authority° shall
be declared to be a nuisanae by the Courts of the �tate of
F]:orida, �h�n and in that event the Lessor sha1l have the
right to cancel this lease.
7. In the event that the Less�es disire to erect a
filling statio�. or install gasoline pumps an the leased
proper�cy or any part thereol ior the pUrpose of selling
gasoline or other petroleum products, i�t is specific�zlly
agreed and understood that n� �uch filling statian will
be ereeted or gasoline sold in violation of a.ny af the
provisi�ns contained in a certain Iease entere� 3nto
between the City oP Clear�n�ater and Tames Talbot on the
seventh day of August, 1935. If any gasoline is sold b�
the Lessees on. the ].eased propert�, 'then Lessees ahall
p�y to the Zessor� a� �:aait�onal rental, the sum of one�half
cenit per gaZlon for each gallon of gasoline sold. The
Zessees sha11 furnish to the I,essor, on or �efore the lOth
of each month, a sworn statement oi the amount of gasoline.
sol.d during the preceding month, together with a oheck Por
the amov.nt o� additional rental due computed on the said
basis of one-half cent per gallon.
8. If, upon the expiration of the term of this lease,
the Lessor is willing to re-lease the propertg hereinabove
described to any private individual or corporatioa, then the
Lessees shall be entitle3 to pr•eference in obtaining a nev�
lease, pravided that thep make an ofier equal to or be�ter
than axy other bona fide affer made by �n:y other private
3.nciiv'!dual or corporation. This provision shsll not be
construe3 to require the Lessor to re-Tease tha property
to anyone; and if en.y question arises �s to whether an�r
oYfer submitted by the I,essees is equal �o or better than
any other offer made by any other individual o� corporation,
the deeision oP the City Comm3ssion,of tl� City of Clearwa�ex
shall be Pinals
� 9. The Lesse�s shall not assign th3s lease nor sub-Ze-t
any part of t?�e leased premises without the written consent
of the Zessor. But thiE progision shall nat prevent the
Lessees fram renting boat-slips without the consent of the
Lessor.
10. Lessees hereby eovenant that i� default ahall be
made in �he payment of the rent as aforesaid, or if the
Lessees shall vialate any oP the covenanta of this leese,
and such dePault shall continue for thirty days or more, �
then the Lessees shall become tenants at suffran.cse, hereby
waiving all right of noti.ce, and the Lessor shall be entitled
immediately to re-enter and re-take possession of the leased
premises.
`VT�T_�iF'SS our handg and seals at Clearwater, Florida, this
llth da� of September, 1939.
ATTEST:
.
� ,/.tyi1/%(� l�/�ir :�
Gi��Auditor and C1erk.
�. _. .r _ . ^� � �
CITY OF CZEARPIATII2
by:
Actin� Pdayor-Commissioner
� �
J