10-02-1917 Regular MeetingClermont, Fla Oct 2nd, 1917
Regular meeting of Clermont Council called to order by
President Brantley.
All members present except for Mr Goodenough.
Minutes of meeting of Sept 4, 1917 read and approved.
Report of Committees.
Finance Com. No report.
Street Com Mr Hooks reports on testing lights no decision
arrived at.
Charity of Schools no report.
Rules and Ordinances, no report
Treas(ury) reports cash on hand last month Eighty Eight
and 76/00 dollars. Paid out Seventy Seven and 73/00 dollars.
Balance on hand Eleven and 73/00 dollars. Report accepted
.
Marshwll reports none of the unsanitary closets repaired.
Collection reports collecting one license, twelve and 50/00
dollars. Report accepted.
Clerk read Mr Jinssers acceptance of Electric Light franchise
and presented bills of C C Lee and W Kern. Bills ordered
paid and report accepted.
Moved by Mr Johnston that Mr Hooks be expelled from the
Clermont Council for Misconduct and drunkenness. Carried.
The following Ordinance was introduced by Councilman
Wilson at the regular meeting on September 4th 1917 and
passed by the Council.
Ordinance #1
An Ordinance granting to L H Jensser (sp?) his associates,
Legal representatives and assigns A franchise for the
purpose of erecting and maintaining an Electric Light, Heat
and Power Plant; and a system of wires, cables, (***) and
conduits to furnish electric lights, heat and power in and
through the streets, alleys, avenues and parks withing the
corporate limits of the town of Clermont, County of Lake, and
State of Florida. Be it ordained by the town Council of the
Town of Clermont, Lake Co Fla.
Sec that L H Jensser, his associates, Legal representatives
and assigns hereinafter called the grantee, is here by
granted the right privilege and franchise to erect, construct,
build and maintain in the
Corporate limits of the town of Clermont, Lake Co, Florida an
Electric Light, heat and power plant; to erect construct, build,
lay and maintain a system of cables, wires, poles and conducts
and other appliances in and through the streets, alleys, avenues
and parks of Clermont, Lake Co, Florida for the purpose of
furnishing light, heat and power to all parts of the town and to
make all necessary repairs there to; providing that there shall be
no unnecessary or (***********) obstruction to said streets,
avenues, alleys or parks.
Sec 2. That the rights and privileges herein granted to the said
grantee are granted for the period of thirty (30) years from the
date of acceptance hereof by said grantee provided however
that the Town of Clermont, Lake Co, Florida. Shall have the
right to purchase said light, heat and power plant together with
all wires, cables, conduits, poles and all other property used by
said grantee for the purpose of supplying said electric lights,
heat and power at the end of ten (10) years from the passage
of this ordinance and shall have the same right at the end of
each five year period thereafter.
Sec 3. That should that Town of Clermont, Lake Co, Florida
elect to franchise said property specified in Section (2) Two
of this Ordinance the value of said property, both personal
and real, shall be fixed by a board of arbitration, one member
of (****) shall be appointed by said grantee and one member
by the Council of Clermont, these two members shall select
a third member of said board arbitration. If the two, members
cannot agree upon a third member of said board of arbitration
, the County Judge of Lake Co, Florida shall have power and
is hereby authorized to appoint at the request of the Mayor of
the Town of Clermont, Florida said third member. The
valuation fixed by a majority of said board of arbitration shall
be binding on both the grantee and the Town of Clermont,
Florida.
Sec 4. That the erection of poles, wires, cables, and other
appliances shall be under the direction of the Town
Council of Clermont, Florida. The said grantee shall furnish the
Town Council with a map of the Town of Clermont, Florida.
The town council shall mark or cause to be marked thereon the
side of the street to be occupied and the distance in the street
all shall be set; Providing, however that all poles now standing
in said streets may remain where they now are standing and
shall not be removed to any other point in the street with out
consent of the Council.
Sec 5. All poles shall be of neat appearance and shall be
substantially erected. All wires in the streets, alleys and parks
of Clermont, Florida and all connections therewith shall be
insulated in accordance with underwriters’ specifications
used in Florida. The grantee shall under no circumstances
injure or destroy any shade tree in or upon the streets, alleys,
or parks of Clermont, unless given permission to do so by the
Town Council.
Sec 6. That the grantee shall furnish the Town of Clermont,
Florida such street lights and place them in such position as
shall be required by the Town Council. The said grantee shall
keep each of said lights in good repair and shall keep each
of them from dark until twelve (12) o’clock each night. For
lights and service to the Town of Clermont, Florida shall pay
said grantee the following rates for all lights taken by the said
town. Fifty cents (50) for each 25 watt magda lamp per month
. Eighty cents (80) for each 40 watt magda lamp per month;
One dollar and twenty cents ($1.20) for each 60 watt magda
lamp per month. One dollar and fifty cents (1.50) for each 75
watt magda lamp per month. Two dollars ($2.00) for each
100 watt magda lamp per month. Should the town require all
night service, payment shall be made at the rate of fifty (50)
percent additional to the half night service.
Sec 7. The payment for street lights shall be made at the end
of each quarter year.
Sec 8. The maximum rates which the grantee may charge for
lights other than street lights shall be as follows. Fifteen cents
(.15) per kilo watt hour. And a minimum charge of two dollars
($2.00) may be made for any light connection and said grantee
may require the payment of said mimimum charge in advance.
When Current consumption averages forty (40) kilo watts per
hour from 5pm to 10pm this rate will be lowered to twelve cents
(.12) per kilo watt. With a minimum charge of one dollar and a
half ($1.50) per month and twenty four hours (24) service will be
given at the same rate.
The grantee shall keep sufficient current on all lines to furnish
lights to all consumers from sundown each day until twelve (12)
o’clock midnight. Sufficient time allowed to fix all breakdowns.
During the month of Dec, Jan, Feb and March the grantee shall
keep sufficient current on all wires to furnish lights to all customer
s or consumers from sundown of each days until sunrise the
following day every year during the tern of this franchise. While
current consumption amounts to an average of 15 kilo watts per
hour from sunset until sunrise current will be furnished from
sunset to sunrise through rest of the year. When current
consumption amounts to an average of ten (10) kilo watts per
hour from sunrise to sunset sufficient current will be furnished
to all consumers from sunrise to sunset.
The minimum rate which may be charged for power shall be
eight cents (.08) per kilo watt. Motors of one horse power
and under shall be connected on lighting circuits and shall be
charges at lighting rates. When motor loads average Ten (10)
kilo watts per hour for 10 hours per day, current will be
furnished to all motors over one (1) horse power for eight
cents (.08) per kilo watt. When meters are installed consumer
puts up a bonus of seven dollars ($7.00) for each 5 ampere
mature and ten dollars ($10.00) for each 10 ampere
meter, which is to be summitted when meter is removed by
Lighting Co.
The lighting company shall not be compelled to furnish current to
any one customer or person who reside over five hundred feet
(500) from lines already erected, that is, They shall not be
compelled to extend their lines over 500 feet along the streets to
serve only one customer with lights.
Sec 9. The rates herein fixed, the maximum rates established
herein and the hours of service herein provided shall be in force
for a term of ten years from acceptance of this franchise by the
grantee after which time new rates and a new schedule of hours
of service shall be made or present rates and schedule be
reaffirmed. If the town Council and grantee cannot agree as
to rates or hours of service, then in that went the question of
rates and hours of service shall be settled by arbitration in
manner herein providing for determining the value of the
property of said grantee, if the town should decide to purchase
same and said rate and hours of service so determined shall
be binding on the Town of Clermont and the grantee.
Sec 10. If the provisions of this ordinance are not complied
with by the grantee, the rights of said grantee hereunder shall
become null and void at the option of the town Council and
shall be forfeited by said grantee.
Sec 11. The grantee may make and enforce all reasonable
rules and regulations regarding its business with customers
and may discontinue service to any customer who fails to
comply with same. Provided, however, that no such rule shall
go into effect until the same has been approved by the Town
Council.
Sec 12. This Ordinance shall go into effect upon its passage
provided the grantee shall within 30 days after the passage
of the same, file with the Town Clerk of the Town of Clermont,
Florida a written acceptance of said ordinance and of the
rights, privileges , and franchise herein granted.
Passed in open Council on this 4th day of Sept, 1917
S S Fisler, Clerk
C O Roe, Mayor
Approved by me this second day of October, 1917
Ordinance #1. Granting L H Jennsen (sp?) Franchise for
Electric Light and Power Plant signed this day day by Mayor
Roe, Oct 2nd 1917.
Moved by Mr. Johnston that ordinances #2 – 3 – 4 and 5 be
advanced to second reading and passed this date. Carried.
The following ordinance was introduced by Councilman L H
Wilson and passed by the Council.
Ordinance #2. An Ordinance to provide for the construction and
maintenance along certain streets in the Town of Clermont,
Lake County, Florida, To provide for notices to be served
upon owners or occupants of the lots or parcels of land
fronting on said streets. To provide for the building of said
sidewalks by the town when the owner or occupant fails to
construct same; and to provide for collection and enforcement
of the cost of construction.
Be it ordained by the town Council of the Town of Clermont,
Lake Co, Florida.
Sec 1. That the owner or owners of every piece or
parcel of land fronting and abutting upon the following
described portions of the following streets in the Town of
Clermont, Lake Co, Florida, to wit. The North side of
Montrose Street between 8th street and West Avenue;
The south side of Montrose Street between 8th street and
West Avenue except one hundred and fifty feet on the east
end next to 8th street; and the west side of West Avenue
from Montrose Street to Osceola Street. The south side of
Minneola Ave from the intersection of Minneola Ave and 7th
Street to the intersection of Minneola Ave and 7th street to
the north west corner of Lot 5, Block 80 according to the
official plat. Be, and they are hereby directed and required to
construct and maintain side walks in the manner and of the
material herein after set forth.
Sec 2, The walk provided for in Sec 1 of this ordinance to be
built on the south side of Minneola Ave extending west to the
north west corner of lot 7 shall not be one foot wide and shall
extend outward from walk now existing along said lots, making
said walk 5 feet wide. All other walks provided for in Sec 1 shall
be five feet wide and shall be built upon a graded surface.
Said grade to be fixed by Town Council under the following
specifications, to wit. The foundation mixture of all sidewalks to
be of cement and sand. Four part of sand to one of cement,
and shall be three inches thick. The top surface shall be of
cement and sand two parts of sand to one of cement and
shall be one inch thick.
Sec 3. That said sidewalks shall be complete and ready to
use in sixty days after service of notice upon owner or owners
of any lot, block of parcel of land on the streets or parts of
streets named in Sec 1.
Sec 4. That if the owners or owners of any lot, piece or
parcel of land fronting or abutting upon said street or portion
thereof designated in this ordinance (****) to construct said
sidewalks within the time prescribed hereby, then the town
Council is authorized after first giving notice as provided in
Sec 5 of this ordinance to advertise for bids to be filed with the Clerk of said Town of Clermont, Lake Co., Florida. Ten days before the meeting of Council at which date bids for such sidewalk construction are to be considered in accordance with the specifications for such sidewalks as herein before set forth.
Sec 5. That it shall be in the duty of the Town Clerk within 10
day after the approval of this ordinance by the Mayor of the
Town of Clermont to issue a notice to each and every owner
or owners of the lots, pieces or parcels of land fronting or
abutting upon the streets or portions thereof described in
Sec 1 advising them of the act of the fact that the Town
Council has
Ordered the said owner or owners to construct sidewalks
fronting and abutting said property and requiring them to
construct said side walks within sixty days after giving such
notice, which notice in case of non residents or absent owners
who have no agent or agents in the Town or Clermont, Florida
shall be sent by registered mail to such non-residents, absent
owner at his or her or their last known address and shall be
published for two weeks in some newspaper published in the
Town of Clermont, Florida or a copy posted on said (*********)
in which case the said notices shall be served the Marshal
of the Town of Clermont, upon the said owner or owners or
persons in possession of said property if said property is
occupied. On event the owner or owners of any lot or lots,
pieces or parcels of land fronting or abutting upon streets or
portions thereof described in Sec 1, be unknown to the
Marshal and the place of residence of such owner or owners
shall be unknown, in that event a notice shall be posted upon
the land in question for a period of ten days. The notice
provided for in this section shall be (***********) as follows.
Town of Clermont.
You as owner or agent of the owner or occupant of the
following described lot fronting or abutting on ____________
______________________ street in the Town of Clermont
Florida, to wit. Are advised that the Town Council has
ordered that you construct a sidewalk in front of and abutting
said property on said street and that you are hereby required
to construct said sidewalk within 60 days from the receipt of
this notice. Said sidewalk shall be _______ feet wide, and
shall be composed of cement and sand. The foundation to
be three inches thick, to be comprised od four parts sand
and one part of cement, and the top one inch thick to be
combined of two parts of sand and one of cement.
Countersigned by President of Council
Attest Town Clerk.
Upon which the Marshall shall make substanceably (sp?) as
follows:
Received this notice this _____ day of ______ AD and
served the same by delivering a true copy thereof to _______
_________ at Clermont, Lake County Florida on this ______
_____ day of _________AD. Town Marshall
Sec 6. That when said sidewalks are constructed by the
Town, the cost of construction of such sidewalks together
with cost arising under this Ordinance shall be chargeable to
the owner or owners of said lots and assessable against the
lot or lots, pieces or parcels fronting or abutting upon said
streets and portions thereof described in Sec 1 and such
assessment shall constitute a lien superior in dignity to all
other liens upon such lots, pieces or parcels of land fronting
or abutting upon said streets or portions thereof, pro rate
according to the number of linear feet of said lots, pieces or
parcels of land fronting or abutting upon the the side or sides
of said street described in Sec 1 in front of which lots said
sidewalk is built by the town.
Sec 7. That the Town Council of the Town of Clermont,
Florida, be, and is hereby authorized to fix proportional
amount of the assessment for the construction of such
sidewalk and curbing assessable against each lot, piece or
parcel thereof fronting or abutting upon said street or portion
thereof as described on Sec 1.
Sec 8. That said assessment for the construction of said
sidewalk shall become due and payable as fast as the said
sidewalk are completed and shall be paid by the lot owners
of the property upon which the sidewalks (****) constructed
are fronting.
Sec 9. That said liens shall be informed in the manner
provided by the laws of Florida for the enforcement of
Mechanics liens against real estate. Passed in open
Council this 2nd day of October 1917 AD.
A B Brantley, President of Council
S S Fisler, Clerk
C A Roe, Mayor
Ordinance #3 Relating to the obstruction of the lake shore.
The following ordinance was introduced by Mr H L Johnston,
and passed by the Council.
Be it ordained by the Town Council; of the Town of Clermont,
Co of Lake and State of Florida. That no person or persons
shall place any trash, lumber, brick, stone or ant other
obstructions upon the shore of any of the lakes within the
corporate limits of the Town of Clermont, except while
loading or un loading from boats or barges or any other
means of transportation. Any obstructions should be
removed by the owners within ten days after being ordered
to do so by the town Marshall. Any person violating or
refusing to comply with this ordinance shall pay a fine of
twenty dollars ($20.00) or shall be confined in the common
jail at hard labor or both. This ordinance shall become
effective on and after its passage by the Town Council and
approval by the Mayor. Passed in open council this 2nd day
of Oct AD 1917.
S S Fisler, Clerk
S B Brantley, Pres of Council
Approved this 2nd day of Oct AD 1917 C A Roe, Mayor
Ordinance #4. Relating to cutting weeds.
The following Ordinance was introduced by Mr. H L Johnston
and passed by the Council. Be it ordained by the Town
Council of the Town of Clermont, Co of Lake and State of
Florida. That a notice shall be issued by the Mayor between
Sept 1st and 15th of each year to all owners of real estate
within the corporate limits of the Town of Clermont to cut all
weeds in vacant lots owned by them, also in street abutting in
said lots. If the owner or agent shall not comply with this
ordinance within ten days after date of said notice, the Mayor
shall cause same to be done and the expense thereof paid,
which expense shall be a lien said real estate to be enforced
in the same manner as a mechanics lien. This ordinance
shall become effective on and after its passage and
approved by the Mayor.
Passed in open council this 2nd day of Oct AD 1917.
S B Brantley, President of Council
Approved this 2nd Day of October AD 1917 C A Roe,
Mayor
S S Fisler, Clerk
Ordinance #5. To prohibit stock running at large.
The following ordinance was introduced by Mr H L Johnston
and passed by the Council.
Sec 1. Be it ordained by the Council of the Town of Clermont,
Co of Lake and State of Florida. That whenever the Marshall
or any Deputy Marshall of the Town of Clermont shall find a cow
or cows, bull or bulls, steer or steers, calf or calves, horse or
horses, mule or mules, goats or goats, hogs or swine, geese,
ducks, turkeys, chickens and all other domestic fowls, whether
owner lives within or without town limits running at large in the
corporate limits of the Town of Clermont, it shall be his or their
duties to take up and put such animal or animals in the public
pound and after four days notice in these of the most public
places in the town, to sell the same at the place where they
are confined, at public outcry to the highest bidder and the
proceeds of such sale be paid into the town treasury.
Provided that the owners (****) of shall produce the proper
proof of ownership to the Marshall and pay the cost of
impounding to said Marshall. Then the said cattle, or horses,
mules, goats or swine and all other animals or fowls shall be
delivered to the said owner or owners.
Sec 2. Be it further ordained that if any sole deny such cattle,
horses, mules or swine and all other fowls and animals, shall
bring a larger sum than the cost of expenses the excess
shall be paid by the town to the owner upon proper proof of
ownership of such animal.
Sec 3. Be it further ordained that the charge for impounding,
feeding and selling such stock or animals, shall be as follows,
For impounding such animals Twenty five cents per head,
cattle, goats or swine each kind twenty five cents per head.
Preparing and posting their notices of sale, twenty five cents
each, making sure for each head of stock twenty five cents.
The same shall be paid it the
Town Marshall as his compensation, fees, and cost thereof.
That if the ownership is not known within six months from the
date of sale, that the excess amount paid into the town treasury
shall become the property of the said Town of Clermont.
Sec 4. Be it further ordained, that whoever shall by force or
strategy, take or obtain from the keeper of the town pound,
any animal or animals in the charge and keeping of the
person or persons charge thereof without the consent of such
keeper and without the payment of any and all dues and
charges for and upon such animal or animals, shall be shall
be punished upon conviction by a fine no over fifty dollars
($50.00) or by imprisonment for not exceeding twenty five
days of hard labor or both. This ordinance shall become
effective on and after its passage by the Town Council and
approval of the Mayor.
Passed in open Council this 2nd day of Oct AD 1917.
S B Brantley, Pres of Council
Approved this 2nd day of Oct AD 1917 C A Roe, Mayor
SS Fisler, Clerk
Moved by Mr Johnston that Mayor Roe correspond with Mr
Wellie (sp?) in regard to opening 1st Street and Oak Street.
Carried.
Moved by Mr Wilson that size and location of street lights be
as follows: 100 Watt lamps to be placed at the following
corners, 8yh street and Minneola Ave, 8th street and Montrose
street, 7th street and Montrose streets. 50 watts lamps to
be placed at the following corners, West Ave and Minniehaha
Ave, 7th street and Minneola Ave, 7th street and Mill Lane,
5th street and Osceola street, 5th street and Minneola Ave,
5th street and Montrose St, 4th street and Lakemont street.
Carried.
Moved that Clerk purchase Ordinance book. Carried.
Moved that President Brantley appoint committee to have
blank formsfor sidewalk notices and license applications
printed, Mr Johnston and Mr Wilson appointed.
Move to Adjourn. S S Fisler, Clerk.
Clermont, Fla Nov 6, 1917
Regular meeting of Clermont Council called to order by Pres.
Brantley.
Roll call, all members present.
Minutes of meeting of Oct 2 read and approval.
Report of Committees.
Finance no report.
St(reet) Com. Mr Wilson reports grading and claying on
Montrose St and West Ave completed, report accepted.
Marshall Lee reports on cleaning vacant lots. Report
accepted to be taken up later under unfinished business.
Sanitation no report, Charity and Schools no report.
Rules and Ord no report.
Special Com, Mr Johnston reports printing done. Ordered in
Oct 2nd meeting, accepted.
Mayor Roe read letter from Mr. Willie in regard to opening
streets in Willies addition. Moved and carried that report be
accepted and committee be continued.
Report of Officers. Treasurer reports on hand eleven and
73/00 dollars received this month One hundred and twenty
six and 73/00 dollars paid out twenty dollars bal on hand One
hundred and six and 73/00 dollars. Report accepted.
Clerk reports thirty three licenses sold, total One hundred
thirty and 50/00 dollars. Twelve dry license sold total sixteen
dollars and one fine of one dollar, Clerk also presented bill of
H and WB Drew Co. Report accepted and Drew Co bill
ordered paid.
Assessor reports on assessment roll. Report accepted.
Clerk ordered to secure 500 Tax receipts.