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01/20/1941. . . . ' P . .. . '. ' q i �� . . PQTIJUTEu OT' THE nREETING OP TiiE CITY COP�IPP+LISSIOrt Tk�e City Commission of the City of Clearwater,�lorida met in regular session at the Q'ity Hall on �'an.2�, 1941 at S P M o�cloek. The fol].owing members were present: Geo. 1�.Seavy, Mayor Commissioner � Tesse G. Smith Herbert Grice $umner R. Lowe Ab�ent: V1m.'�Vatson Clark The minutes of the previous meeting were read and approved. t�r. C. J', Iiartman as spokesman o�' a small deleoatiaPt: inauired iY any steps had been taken toward paving of Pinellas �treet, covered by a petition presen'�ed to the Corpmission at the meeting immediately preceding. At the instance o£ Mayor Seavy the City Fdanager reported that a IYPA P�oject was bei�g prepared �overing Pinellas street and in due course would be filed. Mr. C. A. Smith appearsci bePore the Board and reQuested _ tl�at the City Pill up;a ditch that runs north Yrom Bello�ir street, in Belmont 150 ft tovrard Howard Avenue along South I�4yrtle Auenue. The matter �vas reYerred to the City Ii2anager. ThP written resignation of Sumner R. Lov�re �rom the City Electrical Board was heard. b4oved by 147ra Grice, seconded by Mr. Smith that the resignation be acc�pted, motion carried. luayo� Seavy suggested that other members of the �lectrical Board be contactzd before filling the vacanc�. Letter read from Mr. Ray{nond Zee stating th�t the term on the Civil Service Board of Burnice Hamilton expired Jan. 18th. IJloved l�y t/fr. SSnith,seconded by Mr. Lo�t�e and carried that Mr. Hamilton be re-appoin�ed ta the Givil Service Boarci. Gity Alanager F. L Hendrix presente� the ofier of Paul Johnson to bz settled for �p400.00 the Ci�y Tagas exclusi�e of individually owned certificates for the follovui�g years, 1926, 1929_to 1933 both inclusive, 1936, 1937 and 1938 on the follnwing pieces,of property: , VJ86o5 Pt of N 125 ft of Bloek 5 and the 4{:50 ft of the E 100 ft of N 125 £t of Block 5--Sar�h Mc- b'lullens Subdivision. Mr, Johnson's check for 400.00 was before the Commissinn as a tender. Upon the:motion of Mr. Grice seconded by l�dr. Smith the offer was aecepted. ; . 0 Mr. Hendrix at this time presented the annual r�port of the Citys functio�s ending Dec 31,1940. The same was aocepted �vith compliments to Mr. Hendrix and his staff. The question of Title Inaurance on City owned lots that had been aequire hy foreclasure was Brought up by City Attorney Ralph Richards. I�r. Richards explained that the Tit3e Trust Company of �Tacksonville would issue title insurance un most of the lots but ther� were prot�avly 100 to 150 parcel,s that they would no insure due to best type of foreclosure suits not being us�d. Mr. Richards ex�lained that probab7,y the simplest tr�ing to do would be to re-foreclose on these lots, which would probably take about 90 days and cost from �10U.•00 to �150.00. By general consent the Gommiss�:on �.uthorized �r. Richards to proceed wi�h the foreclosure. It was brou�ht ou the the terms of' office of all members of the Recreation Board had espired as of Jan 1,1941, and dxscussion �vas had as to staggering the tArms of office of the members when appointed. Also the idea fixing the expiration of term of offi�e of the members to be around rebuary l.st instead of Jan lst was advanced by Mr. Smith, Matter reierred to Ivir. Richar.ds und appointments deferred until next meeting. The Personal Property tax and its collection was dis- cussed but no action taken. t�iayor Seavy, brought out that the method used in the past of disposing of city lots for sale, was by listec� price, any variation thereirom to be approved by the City Corumission. By genera]. consent this plan was approvedo 7vlaycr Seavy expiained that a new registration of the citizens of Clearwater was badly needed, as the present list of qualifzed vaters v�ras very inaccw-.•ate due to �eathe, removals and changes of the Gity limits. After full discussion City Attorney Ralph Richards was asked to confer vrith Mr. Reid the County Registration;ofiice to see if some plan could be worked out whereby a list of �learviater �loters could be �aken from his records. There being no further �usiness to co�e before the board the mee�ing was adjourned. ' ' y Auditor and Cler� 0 Mayor-Gommissioner I�INTJTES OF THE MEET.�.'DTG OF Tf� CITY COP'II+i1ISSI0N There was a special meeting held by �the City Commissioners oP the City of Clearwater, Florida at the pity Hall on Jan 22, 1541 at 8 PM. Personal ser�rice of tihe notice oP the meeting was had on Mayor-Commissi�oner Geoo R. Seavy and Cou�n�ssioners Herbert Grice, J'esse G. Smith, and Summer R. L�we. Go�nissioner V7m. Watson Clark bein.g out o�' the state proper, notice was given at his residenee to Mrs. 1'�. S. Nelson. The following members tvere pre4ent• Geo R. Seavy, A2ayor-Co�aissioner Sumner R. Lowe, Commissioner Jesse G, Smith, Gommissioner Mayor Seavy e�plained that the purpose oP the mEeting was to discuss the Peasibilty of refunding the ,�"261,000.00. Sewer Revenue Certificates and �71,000.00 ��Tater Revanue Cer�iiicates now outstanding. Mayo� Seavy also stated that the tt�ro absent eommissioners had been consulted by phone and to1:d the nature o£ the re�unding plan and both had e�cpressed themselves in Pavor of such a plan generally. �has. r. Hoye representing John Nuveen & C'onparny o� Chicago, Illinois presented to the Commission the following offer: That John Nuveen & Coripany would secure pessession oP the Revenue Certificates her�etofore mentioned, that new cer- tiiieates or Bonds would be issued bearing 32 ?� interest, said certificates or Bon�s to be secured by the revenues derived from the Y�Iater Department anc� the Sani�ary Sewer Fund, that all expenses in conr�ection with the RePunding be borne by John Nuvoen & Company, that time limit on Refunding and Maturity dates of Bonds to be issued would be made sui�table to the Commissioners. Moved by Mr. Smith, seconded by Mr. Lo�ve that such an agreement be entered into with Jo�n Nuvean & Company, Motion carried. Herewith and imme3iately following is the contract enter�d into with John Iduveen Fc Company, being a verbatim copy oi said contract: AGREEMI�T V'7IiE�REAS tY�e City of Cle�rwater, Florida, now has out- standing approximately �71;000 in four per cent t�Tater Reverue Certificr�tes secured by revenues oi' the City water system, which certificates are norv owned l�y the North�vestern P�iutual I,ife insuranae Company; and � a.._. , `� `.. .. . . . . . . .�. . . `WHEI�EAS the City of Clearwater has outst�ndin�Z approximately �261,000 in four per cent Sewer Revenue Certificatas secured bT revenues from the City sewer system, which Certificates are owned by the I�econatruction Finance Corporation: and V�REAS John Nuveen & Company of Chica�o has represented to the City that it will be possible to combine all the certi�i.cates above mentioned in one issue to bear interast at the rate oz three and a half per cent, th� pro- ceeds from the nevr certificates to be used to retii�e thQ present outstanding oertii'icatesa NO�N, THEREFQRE, this agreement is entered into by and b,3trveen CITY Ok' CLEARZNATEi3, F'LOP.IDA, pa�ty oP the first part hereinafter rei'erred to as the City, and ,TOHN NW�EN Ec COt.4PANY OF Chicago, party of the second par� hexeinafter rePerred to as the C'ompany, as folZows: _1- The Companp agrees that it tviil immediately eon�Lact the R.F.C. and wi11 ofYer to pur.chase from said corporation at:a price not greater than par and accrued interest a11 se��ver cer�ificates of the City of Clearwater r�ow held by said �orporat_�on. In the event that the Company makes th�s ofPer and the ofPer is refused by th� R.F,G., theNthe C�mpany shall promp�ly notify the Cit� in writing to that effect and ther8upon this agreement shaZl terminate. _2_ The Companp agrees that just as soon as it has succeeded inr:purchasing or arranging to purch�se the sewer certificates Pron the R.F.C., it will contact the Northwestern. AZutual Life Insurance Company and purehase or arrang� to pur- chase from said Company all water certif3,cates of the City oP Clearwater. _3_ The City agrees to issue approximately 332,Q00 in water and sewer revenue certificates of the City oP' Cleartivater, Pinellas County, Florida, dated at the approx- imate tirse of issue, denomination �llOOO, bearir� an interest rate of three and one-haTf per cent per ann•�:m., payable semi- annually, both principal and interest payable at a bank to be designated by th� Company in Chicago, Illincis9 and maturing not later than 1968 in sucli snnual amounts as to make total annuc�l interest and principal payments appro�ci!nately equr�l, or in the same way that the comUined 3ssue oP the preaentl� ou�standir_g water revenus a_n.d sewer reven,ue certificates � i� "B � �Z' i 0 � mature. The Compan;� agrees to purizhase all oP said certificates from the City at a priCe o£ par pZus accrued interest to date of delivery. The proceeds 3arived from the sale of these new certiPicates will be used to retire all presently outstanding water certiPicates and sewer certificates. _4� The resolution to be p�ssed by tl�e City providing far the issuance of the new certii'icates shall provi,de that the City can issue adaitional certificates as long as the total net income oP the combined water and sewer systems applicable to debt service exceeds b y one and three-fourths times average annual debt service requirements on all out- standi.ng certificates, plus on.e and three-Fourths times average annual debt service requirements on al1 n.ew cert- iPieates to be issued. -5- The Company a�reea to pay all expenses in connection with this transaction. This inc3udes the cost o f the va�:ida- tion proceedings, printing oP the new certif,icates, a legal op�nion from Chapman & Cutler or some athPr reputable and disinterested bond attorney, tha cost oP sending,a rep:resent- ative o� the City to Chica�o to deliver the bonds, and a Pee For the attorney who handles the validation proceedings; pro- �rided, however, that the amount of the fees ��st mentioned shall bs subject to the approval of the Company. _6_ IP the City purchases any or all of the presently outstanding water or sewer certificates the price paid shall be mutually agreed upon. s�_ Tk�E Company represent� that �the net profit that it expects to make on this transaction shall not exceed the sum of �5,000. In the F;vent that the Company does make a profit oP n�ore than �5,000 on this transaction, thenWany�exeess over and above �5,000 s}�all be returned to the City. In making this representation, however, the Company assumes that its pro�'its will come fr��m an immediate resale of the aertificates at a premium, said resale to be made whil.e t�e bond market is in approximately the same ce�dition as at the time of the signing of this agreement. In the event that the Company �hall derivo e � wC � � � �`�� , �_ , � ,� � � ' , � a profit of more �han �500a on this transaction and said profit is realized because of an advance of the bond market as shoti4n by the bond buyers twenty-year bonci avera�e price i 3ndex, then and in that event the Company shall be obl.igated to return any par�s of its prc�fits to the City. The intent of this provision is to limit the Company to a net profit of �5,000 in the event that the new certifica�es are prom�titly resold, but�+not to deprive the Gbmpany from any profits that it may realize by taking the risk of holding the certificates for a substantial period of time in kanr4 of realizing a l.arger price beca.use of a gzneral rise in the bond market. In the event that any dispute arises between the City and the Company over the pz�esisions of this paragraph, such dispute Jhall bo submitted to arbitration. -�- The City agrees to furnish the Campany promptly, and prior to delivery of said new certificates, a full cer�tified transcript of all proceedings requisite to the issuance and delivery of said certiPicates, evidencing thetr legality and the rever��e provisions relating thereto. f _g_ The resolution;to be passed by the City Commission pruviding for the issuancs of the new certi�icates shall ob- ligate the City to allocate from the water and sewer revenues each ye�r an amount sufPicient to pay the full principal �nd. interest requirements for that year. The City does not, 'by entering into this coritract, obligate itself to use any of .: the se�n�er or w�ter revenues for the purpose of crea�ting or maintaining a sinking fund. If tlle Company considers the es;,ublishment of a sinking i'und ta Ue necessary or desirabl,e, then the �ompany and the City shall enter into negotiations regarding the establishment and maintenance of such a sinicing fund; but any provisions re�ardin� the establislunent df a sinking shall not be hinding on the City unl�::::� and until such provis- ions �re duly approved and agreed to by the Cit,y And incorp- ated in the resolution to be passsd by the C;ity authorizing the issuan.ce of the new certif"icates. -10- This contract is to be effective fox a period of' one hundred ("100 ) dafs from its date unles:� extended by mutual agreement. -11-' It is mutually agreed and understood that the aceep- tance of this contract on the part o£ the;City by action on u I the part of the City Commission, by rsotion or by resol- ution, shall constitu,te a contract far the purchase and sale oi' the certificates herein described. IN �"JITNESS �� i EOF, the City of Clearlvater has caused its name ;�o be hereunto subscribed �y the City P,4anager of said Citf, confirmed by the T�ayor-Commissioner and four City Commissioriers oB'_'said Gity, attzsted bg the Qity �uditor and Clerk, and its corporate seal tro be here- unto attached; and John P7uveen & Company has caused �h�s �greeiaent to be executed by its representive, this 2;� day of January, A. D. 1941. CI� OF CLEAR�`;,aTER, FLORIDA By F. ]'.;'.. Hendrix City r;Iana�er Attest; Ceo. R. Seav Fran'� CooleY tdayor-Comm$ssiorer City Auditor and Clerk Jesse A. Smith Sihned, sealed and de- �• R. Lowe live�eci in presence of: Herbert Grice Ralph Richards �ommissioners 1',Zarianne Volnar JOHST NW�,'�d Sc COPiPAI�TY By C�arles E. Hoy Approved as to i'orm and correctness: Ral�h Richards � City Attorney rIoved b� I44r. Lo�hre, seconded by is2r. Smitn ancl carried th�t the City nZanagcr be au�horized '�o purchase irom Stoutarsire Nardware Company ?2150.Q0 ovorth of 3/af* pipe, the price treing aN5.72 per huncired plus 5�; co�unission for the hardware Co�pany. There being no further business to cor�e �efore the board the meeting was adjourned. / ✓G�1.�(.,� ' y Auditor and le �� . /�. Mayor-Commissioner �� v ■ �31 P�:INUTES Ok' TI� I.4.i!.�TING OF THE CTTY COP.��TSSIOSd The City Commission oi' the City of Clearwater,Florida met in regular session at the Qity Hall on Feb.3,1941 at 8 PM o' clock. The fol'lo�ving membes�s were present. . Ceo.R.Seavy,Ii7ayor-Commissioner L"Jm.L'Tatson C1ark,Gommis�ioner Tesse G.Smith,Comr�issioner Sumner R.Lowe,Commissioner $erbert Grice,Commissioner Absent; None It was no�ued by r�ir. C1ark, seconded by 2,Zr. Lowe and carried that a�12000.00 transfer of ,�unds from the Gas anci ��rater Department to General Fund on Jan.31,1941 be approved� �.Qoved by Pdr. Lowe, seconded by Zir. Grice that sale oi` Lot 29 Block F Sunset Point First Addn to Richard P. and Gladys C.Aunt for �100.00 be approved. Ii'lotion carried. P.2oved 'oy �'Ir. Glariz, seconded by Mr. LctRe and carried that the :"s150.00 oife� of Asa Reece in settlement of all Ci�uy taXes and liens on Lot 1C B1ock B 1';estover bs accepted. A 7,stter from Geor�e Z"J.I�amer was read presenting a reso]:ution of the Ciearwater District Committee nf the Boy Scouts of America which resolution requested that the Cit,y Commission appoint Charles Sha�v, Colonel Theodore Skins�er end Thomas L.Boteler Trustees to have charge and care oi the Boy Scout Hut on Highland Avenue. Pdoved by P.�r. Smith , sec- onded by iyir. Clark and carried that Chas. 6h�w, Colonel Theodore Skinner and Thomas L. E3oteler be appointed as trustees o�' the Boy Scout Hut pronerLy on Highland Avenue. n�Ioved by ��Ir. Clark}seconded by h4r. Smith and carried that ;�70.00 Ue paid the Flarida League of 1'dunicipr�lities. 9t the instance of City �lfanager F.L.HendriY, City Attorney Ralph Richards introduced and read an ordinance to be l;nox�n as Ordinance �469. An Ordinance proTriding �or the disposition oi garbage, trash and tivaste materials, pre- scribing in which garbage, trash and waste ma�erials sh�ll be kept, and pro�cid�ng penalties for the violation thereof'. Pdoved by 117r. S�nith, sedonded by Ivlr. Lowe that the ordinance Ue passed on its first reading, moti�n carried. bioved by n3r, Grice, seconded by ivir. Lowe that the ordinance be passea on its second reading, motion carried. � ' . • ' � 0 Mr. Richaxds was instructed to draw a resal:ution cover- ing the various boards and committees thet are �ppointed vy the City Commission setting the expiration clate of appoint- ments as of the �irst day of February. ll4r. Richards reported tht�t he had cont�eted Mr. Reid, County Superyisor of Registration relative to some plan to furnish the City of Clearwater 1a�ith a list of registereci voters residing «�ithin the City Limits of Clear�v��ter, and that Mr. Reid seemed very co-operative, also th�,t PJIr. Reid's charges for such services would be �ery reasonable. Mr. Richards tivas requested to continu�. his negoti�tions in re- �ard to the registration and ta draw up any changes to the City Charter neeessary to make such method of re�is�ration legal. Ivir. Richards was also requested to look ixi to the matter of malsing changes in the City Charter to eleminate advertise- ing of names of qualified voters, delinquent tax list, pub- lisls?,ng of ordinances, notices and etc. Thei:e being no fus^ther business to come before the boaxd the meeting was adjourned. �� Ci y Auditor and C1 crG�G4. !i! ; �-!/*/� r�ayor-Cmmmissioner ;r ' I, 'i ,, t ��