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818 •'. ? 1 ,.y'..<?•3A4'-:en?rz;.,?. ;. ;,..?.n b,... ??: .>'a ? 9 . , . .'f?,:.4: .; :? - , i «. : . . . ... ........ :.",t' _. _ .. ? . ... .. - 1 ORDINANCE NO. B18 CTINO COUDL&TION UY THE AN ORDINANCE DIRE CITY OF CLEARWATER,~CLEARWATER, FLORIDA, OF "a e -y - .r 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 s. i w..,- w?..v........,....-..•'...?S+c.....OY..n..+.•«?••r.Tti[.r. .e .. ...w•1J• aer rr-n.rw r.?.......-_?.-_.-.__... ..-%WM,J; , I V,-1. ) F`^}} ! 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- :1' f ?+"S?.Sii1 tft?.AI 'd1.`,.{ k?%`?. ..#_':: :.: :.:s.• •S.?ey.4' }} YI'•Sr?• .',? '.1???'7.3rf+1Y•t.«i?'} k 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, -2- ra, 4 r i k r t, f i ? •'I 1:.'51 , -. ^.. ?: ,, s?f -?. ..• ' i ST'S? ? ?ow ^`? f•e ?? ai fi ` ?,. .. a i 4 ., ?,u . , . : . .`• .:? 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,? -t V AL, 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 . ;, ?` X91 r. • '. .3^ 1 X 5 ? , I?, .e.- 4 , 1 ., .•ev .?xv«...,.«., e....,.. ..: -... .. a ?........ .e - ._?-.-r...._?_.. -...»..... ?-.. _. .....- .. ?. s r«. ..-r-.... _._,r.-.. ?,--.... .?. -r -. .. . ._ .? r. .- --r -•....• ..?.. .... _.-, ..- _ .- - ...+rr --«,.-... ?...r ... t 'eFi Z, rSY.. '" ':,?A'.i }h. •s:4.1,. ?1?3 .a h.I,lii•• ' 'F : Y ? - i y v ` ?- r y 2• .Gf .?. ...x ..a..,...ew..J w.-.w.r i.+•.. r?:..•"ti r-?. 1+2:.. .: Y+`? . 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. r "Alex D; ffli inch lor-Commissioner. f ' s • z ,? '. is •', r: ice. .r I' .M1SN'.,';r:' ?•s-r'>?l':l, i.S t"? +.,'r,: a Attest: gkez2gi:?z C u itor an Clerk ? v -4- f z??`}?f •'E J/' - ..ir '3r... ^'f '.t:'. ,[:'.i '; - .. r .. 5' ' xy :1. Y,.,(. ?l .`- ?,: ?. F'' . ?r '.5. t ' .4 .. ,.j • ,. . J ' l? •^/,•.• . .. }:.. • •E A i , • it . t .? ' .5 , :'i: `. , ' r i''.? 1'??" ;?y? ri ;? {;:z as^Y.+Y.+*4*?5 'itic^t'apk?i-? •?in•5'y'fir..A,m L.?1pj `ypy h. * . r.we? .. _ ' 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 # tF 1t9[ it !k IFlE 1Ei19k .F IF### 1F 1F# p !1 ?1 #tF3t .1F##iFit. # 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" c - .. • ' ! 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 1 '' : ` ` ° ?J YOn•Cd1111Ise}OttiCR S , :'yE• :.s,s. ATTEBTt` ?: ' .•L E'• worn to and before to O W}ltTICItIfA1J 1 r 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. C+ ?.:r-,ya,•v. ,:, I,e ..-";'C y.• :.f,? o;; rr •a-r ?'^n ?w'':r {'. `-f.-',??.1<'ar,:"•3 f'('Si7)'.I" rr. i ' ' .. .Ip;noy ly>?+t.IF„2L`.?3'ItYtif ,fi 5 s . r? .•s.