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10/02/1939� _ `� I a�zNv�rEs or � ra��rn�G �F � cz� cor�razss�oN• The City Commissivn of the City of Clearrvater met at the City H�l:. in. regular meeting assembled on the evening c�f October 2nd, 1939 with the follovring members present; E. B. Gasler, Jr., b�2ayar-Car�issioner R, I.. Beker R. A. Dsmpsey Herbert Grice W. W, Peeler Absent: NONE ` � ' Miilutes of the previous meetings were read and appraved. Mr, Albert Trussell addressed the Cormiission with r.eference to allowing lar�e trucks to drive down For�c Harrison Avenus so that they may b,e served at his filling station. He was assured by the �ouunissioners thet the trucks would be allowed to tragel by his station. Mx. George Tornwall addresaed the Gommiseian concerning . a donation to the High School Band. 3e suggested that the City donate a�ity lot in the same manner in which �'ort Myers �as dnnated a City lot to their band. The matter was postponed Por further consideration. ' The City Manager read the fol.lowing letter: To the Honorable City Commission Glear�vater, Fla. � ' Gentlemen: We, members oP t�e Clearwater Fire Department, - requsst tha�t yot; agpoint Gordan Dicks as the third member of 'the City of Clearwater FiremenTs Pe�sion Board, Respectfully, Members o� the Clearwater Fire Dep't, ( signed ) L. B. 1�QARTIN , Chief. Moved by Mr. Peeler, seconded b� Mr. Baker and unanimously carried ��hat Mr. Dicks be appointed. . � , �Moved by Mr. Dempsey, aeconded by Mr, Baker and unanimously carried that a transfer of � 4,000.00 from the Gas and Water Fund to the Crenexal Fund on S�ptember . 30th be approved. !�he City Manager presented a petition from two propert� ' owners on Cedar Street; asking that their propert� be inal.udad in the Sev�;e�r Project. The City Eagineer stated that it would aost approximately � 250�00 tC make these connections. Moved by Mr: Deripsey, seeonded by Mr. Bakex and unanimously aarried that �hP City �ngineer be instructed �o get an order from the P. W. A. to includo this property in the Project. Moved by �ilr. Dem��ey, seconded by Pdr. Baker and unanimouslg aarried that the plat c�f City Park be accepted and propexly eaeouted and filed Por record. _ Moved by Mr. Peelers seconded by J'�'�� }�rslcer and un�nimously carried that the County Commissioners be • assured that the ri�ht-of way through W, H. Wolfe's propert� Par the agtension of Missouri Avenue �11 be secured, r����"ti J� ;��"z. �%Z� ,���� �� The City i�anager read a report ou Thomas Asbell, who was �hot or� the night of February 5, 1939, by Officer Tames Neal who fotuad Asbeil. attempting to �ob the Fort.Harrison CaP9. 2�Roved by Mr. Baker, seaonded by Mr. Dempseg and unanimously carried that the Pollowing Resolution be adopted• RESOZIJTION BE IT RESOLVED by the C3ty Coffinissioners of the Gity of Clearwater, Florida, in meeting assembled, that the b2ayor-Com�nissioner be, and he hereby is, authorized to enter into an agreement with the ATLANTIC COAST LINE RA.SLROAD COIJ�ANY, and to sign same on behalf of said � City, whereby the said Railroad Company �ives and grants unto the said City t�e right and pri�gilege to lay and ' maintain, for 'the purpose of conducting water, a line of 2-inch galvanized iron pipe across.the right oP way a�id - fi � under the tr�clss of the Railroad Company at Clearwater, � Floridas at a po3.nt 83 feet southwardly, measured along . �he cen�er line of the Railroad Qompany's znain track, from mile post 134 (Yrom Sanford; as mare particularly _ ` described in said agreement, which agreement is dated September 26, 193g. PAjSSID AND ADOPTED by tha City Commission of the j�rGity of Glearwater, Florida, this 2nd day of October, 1939� _--•�.% ATTEST: � Mayar- ssioner C't Auditor an Clerk . , : , ' i _ ., ' , .,.. r�_,'�IS�... ...-.... � . . _. . .,... ... ''�... _ , .:... . ..4 �.. ..., . . . . .`.. ......... �.....Yw.�a:.:u.�.:�_....r_.�:. ..� ....�..,...�.--,-•--3' . . �Y . .. . . . . . I � q. .� . . .� ...,... . . . . . . -...._.._.._..........f-. ...: ..,.. _:F ... —w— .. .... ..,..__.. '__._ .� .. . . � ' . . . � �. . .. . . . ��� The C3ty A�torney presented a Rcasolution with reference to:rightroP-way on the Kingston Propert�. Moved by rdr. Dempsey, seconded by Nlr. Pee,ler and unanimously carried that the Resolution be adopted subject io approval o� the City Attorney. Moved bp Mro Baker, s�conded byls4r. Peeler and una'riimaualy carried that Zon.ing Ordinance # 452 be pa3sad on its third and final xeading. It was decided that the Zoi�ing Election be hel.d on the first Tuesday in November. There being no further business, the meetin� was adjourned. � Mayor- issioner�— ATTEST• r/If� ry.>?�.c�/�� C�tp AuditoT 8c Clerk. . � �. � ftESOLIITIAN WH�REAS tra�fio co:7gestion on the Clearwa�er Memorial Causeway has ieada it necessasy and desirable that an additional outlet for trafPio be provided at tho eaatern entrance to the Causeway; and WHIl3EAS �aid additional outlet can b�st be provided bp extending Pierce Street in a northwesterly direaicion to connect wiih the Causeway entrance; and V�'HEEtEAS such extension of Fierce Street makea it; necessary,for the City to abtain a right-af-wag �cross a certain �ract o� land lying directlg north of Fierce Street and known fis the Kingstoa Proporty, said land being owned by Frank G. � Kingstan, Ethel. Myrtle Pimm, IvIabe� G. Kitchen, and Allan Roy Kingston, hereinaPter xeferred to as the Kingston Eieirs; and ZNFIEREA,S the proposed right-of�vray has heretofore beeg laid out by tha City Engi�ear and a plan submitted to the Singston Heirs and appro;red by them; a�d WHER�9.S the Kingston Heirs have agreed to convey qaid. right-oP-way to the City in fee simple by warranty deed far the sum of Two Thousand Dollars in ;ash, with the unde.r- staading that no i�provement assessments shall be levied against abut�hin,g groperty Por the cost oY paving or other improvements to be plsced by the City on said right-of'-tivap; and WF�EA�S an expert appraisal made for the City by W. P. Hunnicutt of St. Pstersburg indicates that said priae represents the fair value of the ri�ht-of-tiva3► �to be conve�ed to the City; NOW, TE�REFORE, BE IT RESOLVED BY THE CITY COMD4ISSION OF � CITY OF CI,EARYJATIl3, FLORIDA: �.. Thai; the City Manager and �ity Auditor and Clerk be and they are nereby authorized and directed to.draw the City°s eheck for the sum oi 1'wo Thousand Dollars payable to the Kingston Heirs, to be deli4e��d in re�;urn for a warranty deed conveying to the City the right-of-way hereinabove described. 2. That no improvement assessments shall be levied a�ainst the abutting property Por the cost o:� �th� paving and sid.ewalk to �be ].aid by the City on tha said xight�of:�waye . �. _. : ..._,. . : 3. T�at iP, in grading and opening the �igl�t-of-�uay as a public street, the City Engineering Department Pinds it nscessary to make a cut below the level oP abixtting property, then the abutting praperty sha].l be progerly supported, either by the erection oY a retaining wall or otherwise; and the co�t of providin� such support shall be borne 'by the Ci�ty and not assessed against abutting property. 4. That the pavement to be laia on the right-o�- way shall hav� a:oncrete curo and gutter on each side oP it, the �utter tr� be approgimately eighteen inches wide and the curb approximately six inches high. The Kin�ston Eeirs, or any subsequent owners o� the abutting property, shall have the right to cut openings through the curb, at their o�vn exnense, in order to provide turn- outs for private drive-ways, roads or alleys leadin� 3nto or out of the said right-o�-�vay. This Resolution passed and adopted by the Citp Commission of the City oP Clc;arwater, Florida, at its regular meeting on the 2nd day of �etober, A. D, 1939. �J�� ..�=r�P�i, — �iaqor- mmission�� Attest: �ia�r/.lti ��� i'2 :�/j� C��y Audit�r & Glerk Q l ' � i ,� � � � � m - AGREFUI�iT WITH ATI,ANTIC COAST LINE R42T,ROAD TAIS AGREP�'�TT, Made and entered into this 26th day of September, 1939 by and between the �.TLANTIC COAST LTNL� RATLROAD C014�ANY, a oorporation oraat�d and organizad under and by virtue o� the laws of the State of Virginia herein- after ior convenience styled the Railr�ad Company, the first part, and the City of Clearwater a muriicipal carporation under the la�vs of �the State oi' �"lorida, the second partye WITNESSETH. That the Railroad Company, for and in consideration of the sum of' 0ne Dollar to it in hand paid by the second party, the receipt whereoi is hereby acknow- ledged, and the performance of the covenants hexeinaftsr tontained on the part of �Ehe second paxty, does hereby gice and grant unto the second party the right and privilege to lap and maintain, for tae purpose of csonduoting wate;r, e lina of �-ineh gaTvanized iron pipe aaross tha righ� of way and under the �racks of the Railroad Campan� at Clearwater, Florida, at a point e3 feet southwardly, measured along �he cent,er line o� the Railroad GomFany's main track, from r�il� post 134 (Prom Sanford); said line o£ pipe being at right anglea with said cent�r line and being shown in red on the blue print hereto attached and made a par$ hereof; said pipe to be entirely under&round and appr�ximately 5 feet below the �ase of rail oP said main track; the Railroad Company's right o� way to be crossed by said pipe being 50 fee'� wide on each side of said center lina. A�d the second party hereby covenants and agrees with the Railroad Company in consideration�thereof, as Pollowss (1) That the seeond party sha11 1ay and ma.inta:.n said pipe in a manner satisfactory to the r,ngineer Maintienance of Way oY the Railroad Company and so as not to interfere with pipe ar ather structures now in place; and in the event that the said pipe sha11 become in need v� repairs, the second �artg aha13 repair same upon notice given by the safid Engineer, a�.d upon the failure of the second party to make such repairs, the RailroadlCompan.y may make all necessary repairs, bu� at the cost of the second party, which saia co�t the second party hereby agreea aud promises to pap on demand. � � � b� ■ (2) That the second party shall assume entire responsioility for all damages caused in ang manner by the sr�id pipe �o the property or emplayees oi the Rail- road Co�upany or to any other person or property; snd that the second party shall protect and save har,nlesa the Rai1- road Company from any and �.a.i a��eg_ana ios9es: �au�ea in ang manner from the said pipe, howe�er resulting. (3) Th��t the seco*i�l party wi11 ai an� time, upon thirtg daqs written not3ce given by the Railroad Compan�y, • change end alter the location oP said pipe to conform to any changes or improvements that may be made by the Rail- road Company in its tracks or roadwag at said location. It is expressly understood and agreed that no assessment shall be made sgainst the RaiZro�.d Company to • cover the cost (or any part thereoP) oP construction and/or maintenance oP said pipe i�.cluding material, labor and eny other �tem of expense incident thereto. {4) That the second part will pay to the Railroad Comp�ny, ou bills rendered by the Railroad Qompany, the �u11 amount of all cost a�.d e�pense which may be in.curred by the Railroad Gompany in protecting its track or tracks by dri4ing pilin� or by other means while said �aipE is being placed thereunder. It is understQod and agreed that this contract shall no� be binding until it has been rati�i�d by proper ordinanc� or resoiusion oP the City Commissioners of the second party, a copy of whie'� �esolution ox ordinance is attached hereta and made part of this agreement. IN WITNESS G'VHER�OF� The t�ailroad Company has caused this agreement to be signed in duplicate by its proper officer; and the second party has caused the sar�e to be signed by its Mayor, attested by its Clerk, and approved and ra�tified by its City Commissioners in session at a duly au�horized and called meeting of said body/and its � Qorporate seal affixed on the day and year first abnve writtenv �"Jitnesses: ATL..ANTIC COAST ZINE RAILROAD G01,�4NY by: {seal) Witnesses: CITY OF CLEAR4VATER, �'I,ORZDA, BY (signed) E. B. CASLER, JR, r?ayor-Co�nis sioner � Attes�:� � � �� BX �signed) J'. FRArTIS HA]`�TC� Clerl: _ , � j ti ' ;rY • .� � s - � . � � � . . .. . � � � . . . . ,l . . 1 r�� MTl�[JT�;S OF THE tdEETING OF THE C ITY C Or,�ISSTON �^' TY�e City Commission oP the City of' Clearwater met "`'" at the City Hall on the afternoon oi October 4th, 1939, � in Specia].h2eeting assembled, with the following merabers present: E. B. Casler, J'r> , I�ayor-Comtuissioner R. L. Baker R. A. Dempsey rfr. Ali'red `�1.I+arshall, Chairman oP the Zoning Board, � discussecl the matter:oP zoning of building lines on beach � front property and recommended that publicatior of Zoning Ordinance � 452 be roostpaned until the Zoning Board can examine it further. h�oved by IiIr. Baker, seconded by L�r. Denpse� and unanimously carrie�. that Z�ning Ordinance � 452 not be published on Thursday, October 5th as prEviously arrang�d. Moved by IvIr. 'Dempsey, seconded by i;2r. Ba_ker and unani:nously carried that I�r. I�eo Butler's recommendation be accepted and the follov,�.ng Resolution be adopted; RESOI,UTION EX'I'ENDIPIG CONTRAGT TIi� �JN CON'IRACT N0. 6, S�WER EXTEL�SIONS QND II�'lPROV�ii�,NTS DOCKET N0. �'LA. 1106-F, CLEARWA'�t, FI,ORIDA � WF�ftEAS, the �bersbach Constructic,n Company is rsaking every effort to com_plete the contract at the earliest possible moment, and N�EAS, the Appxoved Contract Documents signed by the Ebersbach Cons�ruction Company, the City oP Cleart,vater, and approved by the Public Vlorks Administration, �et forth a enmpletion date of December Z2, and WI�REEIS, the of�er received from the government on Doeket No. Fla, 1106-F sets Porth that construction shall , be completed by December Z, 1939, NOW, THEREFOR�, BE TT RESOLO'ED by the City Commmission of the City of Clearwater, Florida, as i'ollow�: Section 1: That the conpletiom date on Contract No. 6, � Florida Sewer Egtensions and Improvements, Fla. Doeket 11G6-F, � IClearwater, Florida, be extended from December l, 1939, to ; December 22, 1939. �. ! � F Ft 1 . . �. . � . � . . � . . � . . . . . . .. �. � � � - �. = _._ , , w� .,....��__ .- . , ,. .n . .M r � � � . _. _._ _ �. _ .. �; �_ . _ ,_�:.� _. �_�:� ■ � � r � .� � 1 � ' . . � . . . . � Section 2; That F, L. Hendrix, C3ty Manager, is hereby authorized and directed to grant said extension oi timo for, and on behalf of, the City Commissione PA,SSID ANJ) ADOPTED by the City Commission of the City of Glearwaters Florida; this 4th day oP October, 1939. i�Co�-.i / �ayo - ormnissio r ATTEST: _�/ (� ,�� Ci�% Audit�r an Clerk There being no further business, the meeting was adjourned. � � � R'fayor-Commissioner ATTESTo � / � ___� `�°l�iZ�%L :C�„ ���e C�ty Auditor and Clerk. a � �� � a ; NL�"I'ING OF THE �OIJING BOARD T�e Zoni�g Board of the City og Clearwater met at the City Hall on the afternoon of Ooto�er 4�h, 1939 with the followin� meiabers presentt A_. P. Marshall, Chairman 4"J. L. .Alley W. G. Blair L. S. Ruder Moved by Mr. Alleg, seconded by Mr, Blair an.d carried that the Zoning Board having found discrepancies in the Zoning Ordinance, request the City Co�ission to postpon� publishino same until they can exanine it Purthar or else bE relieved of all responsibility for prov�sions of the Ordinan�ceo Th�re being no further business, the meeting was adjourned. Chairman j . 1 . . . . . . . � . ..4 ,, . . . . ._ . . . . . . . .. . _�: