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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.