11-17-1959 Regular Meeting
ADJOURNED MEETIN~
.
An adjourned meeting of the City Council of the
City of Clermont was held in the office of the City Clerk
on Tuesday - November 17, 1959. The meeting was called to
order at 7:30 P.M. by Chr. Pro-Tem Oswalt with the following
Council members present: Roe, Boyd and Middleton. Other official~
present were: Clerk Johnson, Deputy Clerk Williams, City Attn'y.
Morse, Sup't. Sheldon, Inspector Snyder, Chief of Police Tyndal.
Others present were: Mr. Ellis Konsler, representatives of Max
D. Moody & Sons,Inc. of Jacksonville, Mr. Selby Burch and a
representative of the local press.
The minutes of the regular meeting held November 3,
1959 were read and approved.
Mr. Konsler advised the Council that Lots 11 & 13 and the
N 50' of Lots 12 and 14 in Block 48, were used solely for
church purposes; that no revenue was being derived from such
property and that it was the opinion of the church that it
was not taxable. Motion was made by Mr. Middleton, seconded
by Mr. Boyd and carried, that tax statement # 188,covering
the property in question, be canceled as it had been assessed
through error and all future assessments be waived.
Representatives of Max D. Moody & Sons,Inc. spoke to the
Council regarding the merits of a Wayne Street Sweeper.
Mr. Selby Burch advised the Council that owners of Blocks
113 and 122 were contemplating development of same and would
like to purch~se Lots 17 & 19 in Block 122, and, would also
like to have 11th Street closed between Montrose and DeSoto
streets. Mr. Burch was advised that his request would be
given consideration and that he would be advised at a later
date. '
A general discussion took place with regards the sale and
removal of the city owned residence located in Block 180, and"
it was decided any further action would be deferred until the
next Council meeting.
Mr. Boyd advised the Council that he had received a
$20.00 refund on fire insurance due to the installation of new
fire hydrants.
A short discussionoA took place regarding the dirt stock-
piled on the city ball park field. Chr. Pro-Tem Oswalt advised
that the dirt would be removed in the near future.
. Chr. Pro-Tem Oswalt reported he had received complaints
with regards the amount of debris in front of the Community
Bldg. in Kehlor Park. Mr. Sheldon advised that the debris in
question had been removed. '
It was deciaed that the Parks Committee (Mr.Christenson,
Chairman) would meet with the officers of the Clermont Shuffle-
board Club in order that a more equitable method of playing
schedules 'might be worked out.
Mayor Pro-Tem Roe called to the attention of the Council
the recent complaint of Mr. Albert Nolze, regarding a drainage
problem in front of his property on Prince Edward Street, and,
a complaint he had receiffed from Mr. Harry Ralph regarding a
drainage problem at the intersection of 5th and Carroll streets.
Sup't. Sheldon was directed to look into these matters and cor-
rect them if possible.
Mayor Pro-Tem Roe further reported that he had received
a price of $900.00 for two new RCA radio mobile units and that
he was of the opinion that the Civil Defense would subsidize
one half of this expense. Mr. Roe was requested to get a de-
finite committment from Civil Defense as to just what part of
this expense they would subsidize.
Mayor Pro-Tern Roe further reported on the progress being
made with other Municipalities with regards the securing of
franchises for the Lake Apopka G~s District.
Sup't. Sheldon reported that the many difficulties brought
about by the changeover in the manner of garbage pickup, weDe
gradually being eliminated.
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Mr. Middleton offered and moved the adoption of,
A RESOLUTION directing the advertising of the city's
intention to close Division Street (such street being the
northern boundary of the City of Clermont) from Galena
Avenue to State Road # 27. The motion was seconded by
Mr. Roe and carried. A copy of the RESOLUTION in full
appears immediately following these minutes.
C~erk Johnson suggested a list of Clerks and Ins-
pectors to serve in the general election of the City of
Clermont to be held on December 8, 1959 and requested they
be duly appointed. Motion was made by Mr. Christenson,
seconded by Mr. Boyd and carried, that the following persons
be appointed to serve on the Election Board for the general
election of the City of Clermont to be held on December 8,
1959:
From 8 o'clock A.M. to 7 o'clock P.M. -
William Oliver - Clerk
Inspectors: Mrs. W.B.McLean
Mrs. Thomas Kennerly
Mrs. A.M. Johnson
From 7 o'clock P.M. to completion of the counting -
Eugene Warren - Clerk
Inspectors: Mr. John McCown
Mr. Drew Rambo
Mr. Clem Wolstencroft
Clerk Johnson presented a petition signed by a large majority
of interested property owners requesting the paving of Bloxam
Avenue from DeSoto street to Pitt street. Motion was made by
Mr. Roe, seconded by 11r. Middleton and carried, that the pe-
tition be accepted and their request granted, and that the
street in question be paved as soon as possible.
Clerk Johnson read a letter of appreciation from Mrs.
Flora Guthrie, secly. of the Cooper Memorial Library Executive
Board.
Clerk Johnson read letters from Mrs. Flossie Kuttler,
owner of the Wh of Lots 1,3 & 5 in Block 128 of Indian Hills,
and, from Mr. R.H.Evans, owner of Lots 2 & 3 in Block 52 of
Crestview, to the effect that they had been taxed for improve-
ments on their property which had not been completed until
after January 1, 1959. Clerk Johnson verified their statements
and Mr. Middleton moved that due to the fact that these assess-
ments had been made through error that the Tax Assessor adjust
their taxes to that of land value only. The motion was seconded
by Mr. Boyd and carried.
Mr. Roe offered and moved that it be passed, AN ORDINANCE
GRANTING TO LAKE APOPKA NATURAL GAS DISTRICT, ITS SUCCESSORS
AND ASS IGNS, THE RIG-HT, PRIVILEGE AND FRANCHISE TO l"T.ANUF ACTURE,
I~WORT, TRANSPORT, SELL AND DISTRIBUTE GAS FOR HEATING, ILLUMI-
NATING, AND OTHER PURPOSES IN THE CITY OF CLERMONT,- LAKE COUNTY,
FLORIDA, AKD TO THE USE OF THE STREETS, BRIDGES, AVENUES, EASE-
MENTS, ALLEYS AND OTHER PUBLIC PLACES OR WAYS Tf~REOF FOR THAT F
PURPOSE. The motion was seconded by Mr. Middleton and unani-
mously carried. Mr. Christenson moved that the rules be waived
and the ORDINANCE be read a second time by Title Only. The
motion was seconded by Mr. Boyd and unanimously carried. After
the second reading of the ORDINANCE by title only, Mr. Roe
moved that the rules be further waived and the ORDINANCE be
read a third time and placed upon its passage. The motion was
seconded by Hr. Christenson and unanimously carried. Thereupon
the ORDINANCE was read in full a third time and upon roll call
vote the Ayes were: Roe, Middleton, Christenson, Boyd. Nayes:
None Absent: None. Thereupon the ORDINANCE was passed, title
as stated, and ordered recorded in the Ordinance book and
numbered 184. A copy of the ORDINANCE in full appears immedia-
tely following these minutes.
Motion by ~~. Roe, seconded by Mr. Middleton and carried,
that the meeting be adjourned until Tuesday - November 24th
at 7:30 P.M.
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z/cL ~AAnUL;::.
V. A. Oswalt, Chr. Pro-Tem
A.
NerICE
MAYORI S PROCLAMATION
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The general election in the City of Clermont
shall be held in the City Hall (Corner of 8th and
Desoto streets) on the second Tuesday of December,
1959, the same being December 8th, 1959, between
the hours of 8:00 o'clock A. M. and 7:00 o'clock
P. M., East ern st andard time.
THE PURPOSE OF THIS ELEcrION IS TO ELEcr:
A Mayor to serve one year; and,
Two (2) members of the City Council each to
serve a term of two years.
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Mayor pro Tem
November 5,12,19,26, 1959.
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CITY OF CIERMONT
NarICE OF REGISTRATION OF VOTERS
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NOTICE is hereby given that the Registrat ion Books
/B
for the City of Clermont will be open November 6, 1959,
for the registration of voters who wish to participate
in the general election of the City of Clermont' to be
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held Tuesday, December 8, 1959, and such books will be
open to and including 5:00 o'clock P.M., November 27,
1959, during the reasonable business hours of each
business day. .
It is not necessa.ry" for persons who are already
registered to register again, but attention is called
to the fact that registrat ion in the County Registra-
tion Books does not qualify a voter to participate
in the City of Clermont general ele~tion.
This 5th day of November,
icio
November 5,12,19,26,1959.
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ORDINANCE NOo _. / ~ If
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AN ORDINANCE GRANTING TO LAKE APOPKA NAlURAL GAS
DISTRICT II ITS SUCCESSORS AND ASSIGNSll THE RIGHT Ii l?fUV..
ILEGE AND FRANCHISE TO MANUFACTURE, IMPORT, TRANS-
PORTI1 SELL AND DllSl'RIBUTE GAS FOR HEATING, lLLUNaNATlNG,
AND OTHER PURPOSES IN THE aTY OF CLERMONT 0 LAKE
COUNTY, FLORIDAl1 AND TO THE USE OF THE STREETSIt BRIDGESp
AVENUES" EASEMENTS!) ALLEYS AND OTHER PUBLIC PLACES
OR WAYS THEREOF FOR THAT FUaPOSEo
BE IT ORDAINED AND ESTABLlSHFD BY THE CITY COUNCIL OF
THE CITY CiP CLERMONT II LAKE COUNTY II FLORIDA:
SECTION 1. GRANT OF AU'IHORlTY. There is hereby
granted. to Lake Apopka Natural Gas District (hereinafter called
the "District), its successors anell assigns, the non-exclusive right
for Sl period olf tb1ny (3u) yeare after the adoption hereof, the right,
privilege or franchise to manufacture, import, transport, distribute
and, sell manufactured or natural gas (herein referred to generally as
"ga~j") for heating, iUunlinatiDg, cooking and other purposes within
the limitS of the City of Clermont, Lake County, Florida, (herein
referred to as the "City"), as the /Same now exists or as they may
be extended in the future and for that purpose to establish the necessary
facilities and equipment and to maintain a manufacturing plent, gas
main, service pipes, and any other appurtenances necessary to the
manufacture, sale, transportation and d!stribution of gas Un, UDder,
upon, across and along the presenl!: and future streets, alleys,
avenues, bridges, easements or otther pul'Dlic places or ways of such
municipality, and to do all things whlcl1 are reasonable, necessary,
or customary in the accompl!slunent of this objective; subject, how-
ever, to the further provisions of lth1e franchise: provided, however ~
that before said Distlfict shall establish any pl8lmt in said City
for the manufacture of gas, the approval of the governing, bcdy of
the City of the location thereof, in the exercise of a reaaoMhle
discretion of said governing body of the City, shall be first ob..
tained by s,aid District. No such plant shall be constructed or op-
erated in violation of the zoning and build!ng ordinances of the City.
SECTION 2. OBSTRUCTING STREETS. The District shall
exercise its privileges herein slBbject at all times to the police power
of the City and shall !mot unnecessarily or unreaaoraably obstruct the
use of or injure any street, aVeDUle, alley, Olf ethel' public place in
any way, ancJl shall, upon the completion of any ooIllStructiOin or repair t
restore all streets, avenues, alle~rs or other public places or ways
of the mUJDiclpality which shall be opened by it oX' its agents or employ"
ees for the purpose of laying, placing or repairing its aforesaid gas
mains or service pipes to as nearly the same order and condition as
they were before the excvation was made as is reasonably possible and
to preserve them in this condition for twelve months. Any obstruction
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of any street, alley, park, boulevard, bridge or other public place
01' way, or any failure properly to fW and mamtaiD a street a!ter
excavation, after proper nouce of ten (10) days dem9ndiqg removal
or repaJ.r, as the case may be, shall be taken care of by the City and
the cost thereof, plus 10% for adwniatering and engineering exp~e
shall be cbarged against the District.
SECTION 3. PLA TS. The District, prior to the laying or
relaying of any mains UDder tbis fraDchlse, shall present to the
govern1ng body of the City a complete plat showing the location, Emd
size, of aU proposed mains. the construction, location or re"'locat!on
of aU facilities or any other constrUction or Installation made and
effectea by the District by virtue of this franchise ordinance shall be
made under thesupeJ('vlsion oi ami with the approval of such represent..
adves as the governing body of die City may designate for the puxpoGes~
but not so as unreasonably to mterfere with the proper operation of
the Dtstrict fac1l1t1es aDd service.
SECnON 4. DAMAGE CLAIMS. The District sballtDdemnify J
keep, and hold the City, trag officers. agents, aDd employees, free
and harmless from UabUlty aD account of death. Injury or damage to
persons or property growing out 011 the COliStruction, maintenance, re-
pair, or operation of its prop~.ny p or due. to the negligence of the Die-
trict, its agents 'or employees~ in operating ita property, and lathe
event that suit shall be brought agaiDet the City, either Independently
or mo1ntly With the DIstrict, on accourat thereof, the District upon notice
to it by the City, shall defend the City in any suit, at the cost of the
D1sU1ct: aDd in the event of a final jutlgment being obtained against the
City, either lIIdepeDdeatly or Jointly with tile District. the District shall
pay sud! judgment With all costs, and shall hold the ' . '.City harmless
therefrom.
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SECTION 5. STANDARDS OF SERVICE. The -Dletrlct shall
at all times provide and furnish QD adequate, safe and continuous sup.
ply of gas to the City and its 1DbabitaDts~ subject, howevero to the
further provls.tcns of tb1s section. The District wU1 sf'll and c.tistrlbute
stratgbt natural gas througboot ita distribution system, which is lo-
cated In Orange ancl Lake Counties and In a numbel~ of the cities and
towns thereof, aDd in the territory adjacent to and near said cities and
towns. The natural gas cUstributted by the District will be ~rn!ahed by
the pipeline system owned and opex'sted by Houston Texas Gas and OU
Co~rat1on, (or by some other company which holds a c:ertU1.cate of
public convenience and necessity from the Federal Power Corromaslon
to transport and sell gas 1D the State of Florida). Tbat company is a
"natura! gas company" under the Federal Natural Gas Act, and subjects
said HouslJOD Texas Gas and on Corporation (or ita successors or
assigns) to the jurisd,tCtiOD of the F~eral Power Commission.
The District shall not be liable to the City or its inhabitants
nor sball the City 1/ or any tnbabltant woo is a customer of the District,
be l1ab!e to the District hereunder by reason of the fallure of the District
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to deliver, or of the City OX' a CWlitomer to receive, Mturm gas as
a result of acts of God, or me public enemy, ult1b!1ity of plpellner
supplier to fumisb an adequate fJ~pp1y due to an emergency t au order
of decJeion of 8 public regulatory boGy, or other acts beyond the con'"
trol of the party affected.
ViJheuever any of the OCCllftrSCeEJ named above take place,
the District sball1w.ve the rigbt eDd Quthority and it elaall be its
duty to adopt reaeoaable rules aJJt51lregulatioos in cormecd.on with
Umltmg, cuna.Wng or allOCQtmg mttensilons of service or supplying
of gas to MY customer or prospective CW1tomer. and withholdlDg the
aupply!Dg of gas 00 aew customers, pro\t~ed dlat such rules ana reg-
l1.ilat:ioDs shall be UD!form 8& applaed to eadl daas of customers, and
shall be DOlil-discr1m1Datory as b-anveeD oommualtles receiving natural
gas SeMC.e from me Diatrlct..
The District 8haU have oo.e right tot sell gas for ~WJtrla1 use
on an iliItel"nlptible ~1e. requir:1ng ~be aastomer to have Gltsndby
equipment for use tllpoD notice by the Dif1U'ict.. The.' Plstrict:s rules.
regulations t schedWee or contta~tii for alrta.!Ung 1ni:erJt'uptibl~ gas
service ehaJll be liiDi\form as appUeQ1 to en ("Jus of 1Dt~mpt.ih1e cue'"
tamers.
if ~ervtce W suspended ~A:ooee of any ol1 me reae~1lS set forth
above. occurr.mg through DC fau1~ lOr iUegUgent sct on the part of the
District, such suspSD8lon shalllilot be mlilde me oosis of any actmn
or proceeding to terminate tlds f:r2ll1chise. The quality of the gas sold
in the City shall be the'sam.e as fJ.tat eold to the District's other cus-
tomers m its service area in the counties An which the D1ettict l1es.
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SECTION 6. RA TES. Tl1e District agrees for _ in behalf of
!tself~ its lessees" successorso ~ aee1gns that all, authority aDd
rlgbts in tbis ordinance contained shall at aU times be subject to all
right, power and authority now OJ( hereaAer possessed by said City
. or any other regulatory ttibmaaJ.1havmg jurisd.1ction thel'eovet to reg-
ulate, fix and control just, Y.'eae~1l1Qb1e 8Dd compeilS8tory gas rates,
taking mro account dle right9 ofp am. me obligations and dulties of uae
District to the holders of rtWen\B~ hmds or other obligations of the I01a"
~lct hereafter lssued by the Dimtrtct to finance the oonstruction or
acqulsiticm of its gas system or 3YfStg.ma.
SECTION 1. ACCOUNrENG REfOl\ TS. The Distr.ict agr.ees to
file with the City Clerk, on or bE~ore JUi'Y 1 of ead1 year ~ a copy of
its EmDuall'eport to its security holders for. the preceding caJ.emiar
year, together with a balanc.e eb.eet an4 income statement for ~e City
of Clermont. Lake County, Florida, Olt", allocated bas18. TheCity
or any certlfted pl,ft.bllc AccoW1tant selected by the City shall have me
right at all reasonable hours t.o~~nh1e tile DlstriCtCs books and rec-
ords for the purpose of verifying the statGme."1t of revenues furnished by
the Dlstr1ct to the City, ouch Jmt)ke and records aba.ll be kept m such a
form that tbey Sball conta!n aU jlnfOrnu.UCKl reasonably necessary to
the ;C1ty.
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SECTION 8. FRANCHISE-PURCHASE PROPERTY CJF DISTRICT 0
ETC. The City hereby reserves the right at and after the expiration or
termiDatlon of th1s grant to purchase the property of the District used
under this franchise, as provided by, the Laws of Florida, in effect at
the time of the DlstrictOs acceptance hereof, including Section 167.22
of the Florida Statutes, 8Dd as a condition precedent to the taking effect
of the franc:h1se, DiStrict shall give and grant to the City the right to
, purchase 80 reserved. District shsli be deemed to have given and granted
sueb right of purchase by its acceptance bereof, which shall be filed
with the City Clerk wlth!n thirty (30) daye after this ordinance tal(e.9
effect. .
SECTION Y. P A YMENJrS TO CITY 0 The District agrees that
subeequeDt to tile commencemeot of operation of a system In the City
that It wtll, in COD&!deraUon of tbe granting of tbis frucbtae, return
to the City on a pro rate basts, a certa10 perceDtage of revemaes de-
rived from the sale of natural gas wlthiD the City.
The deta1ls and formula for w.e oomputkltlon of such 8'eft.mds
shall be determlDed and formaliZed in a separate agreement and shall p
when so formulat~. be incorporated in tbis francblae by i'eft~renceo
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SECTION .tOo PRANCHISE &ESTlUCnONS ON Cnf.. 10m-hag
the term of th1s fra.~i8e~ or any ~:~:m:eludoll 8heroof~ me City will Tillot
engage, directly or indirectly, inl d;;~ booine3s of tll"~nll1fh ~I\.w""
tr1buting or selling nawral gas b oompefdtOOliJ \"Jim t1lne Dz.ettil~t"' ~,frel
successors or aas1ple.
SECTION 11. APPROVAl.. OF TaANSlFE&o N~, EJcle89 ~MJtJ~~01M:
or lease of this franc:b1ee shaU be etfectiv@ [).ll1l1~ J1~ 10 ~g:~O"J~ ~y me
City ColJ1mjeeloD aDd untll W~ veOO\es., al!l'31~oo~ Olf ~~ ~ m;R\?)!!
In the office of the City Clerk BD mttummt ~!illy ~~teJ! rd~g the
facts of such a sale, assigmnent, all' leW3e a~~ep1:i1lag me 1!;er1Th1.@ og tiI1@
franchise, and agreeing to perform all me co:!ltlJJ.ta~ne theifoof.
SECTIuN 12. FOR.FEIWitE. If the District abaU h~ m arny
default in the performance of any of ~e matelr'ial terme and 001itd.~tl.0m9
of this ordinance and shall continue in defawt for more than one"li1umfured..
twenty (120) days after receiving notice from the City of lJuch (j!daW.t~
the govem1ng body of the City may. hy o!'d!nance duly pasaoo an018doYited,
terminate all rights granted under tllUs ordmamlce to the Di8tt~;; pK'o"
vided, however, that as long as any revenue 00ltds oX' o~er I(j)b!!gatioM
of the District issued by it to fin8!'Ace the cost of ~'iltmctio1m or acq~-
ition of a gas system or systems in Orm!ge ami La!(e Cowlti~ mo\'!m M
the Lake Apopka Natural Gas Di8td,ct, o~ the wtexest m~rooJ!~ renlaifi
outstanding and unpaid, no such forfeimre ooaU be aPJthor!zOO Olf per-
mitted without the consent of the holders of /Such revenue ~l or other
obligations of the District expressed m writmg. The said DOuce lOr de..
fault ehall be in writing and shall s,p3Cify the provisj.oM of this ogdihn'"
ance in the performance of which it lls claimed thaI); the Disttllci;,iG fum
default. Such notice shall be served m the manner provided ~y me laws
of the State of Florida fo!' the service of ol'1gtnal lmotices in cfiViA aclC"
ions. The reasonableness of auy ordinance so passed decl.arllng &!. gOl:"
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felture of the rights and p:dvileges g!'anted by this franchise O!'din-
ance shall be subject to review by any Court of competent jurisdiction.
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SECTION 13. PLEDGE OF REVENUES AUTHOiUZED. The
District shall have the right and }lower and is bereSy authorJ.zed to
hypothecate or pledge the rates~ fees, rentals or other charges or in"
come derived by it from tbe users of the sa'viceGl and facilities of its
gas system or systems operated by the District wholly or partially
wltbiD the City of C1ermont~ Lake C;)Ullttj t Florida, pltrEiUaDt to tillS
frandUae. to the payment of tbe principal of and by tbe District to
finance the c:oet of COl1SU'UCt!on or acqu1s!tion of a. gas syster.n or ays ""
tems witb1n Orange and Lake Counties known as the Lake Apopka Nat..
ural Gas District and appropriate teserves therefore. It is the ex..
press intention hereof th~t this fJ:anchise is made for the benefit of
me City t the District and the boldertJ of any such revenue bonds OJ'
otber obligations of the .Disf..rict and shall be bindmg upon and unure to
tile benefit of. and be eafol'C'.ea.ble by, the holde!'s of any such revenue
bonds or oW,et' obligations of the District" the City and the Dist1'lct,
am! the SW::Ce8S0rs and 8S81gtta ot the City and tbe District, and except
for the holders of any such re'tenuc bonds or. other obUgat1()nB of the
018t.rlct, the City and the DlsU'!ct, md their su~ces80r8 and assigns,
is not mteJJ.derl to aud shall not confer aDY t'ights u.pon any other persona
firm ot' CX)tpol'atlon, public or private,.
SECTiON 14., CHANG:li OF \lOVERNMBNT ~ Any chq.ge of
the form of government of the City as authorized by the State of F!or.kla
abaU DOt affect the wUdlty of tbie ft'~e,. Any rnUlUeipai col"p\lratlon
succeeding the City shaUo without the consent of the District, succeoo
to aU the rights ana obligations of (he City pJ;ovided in this franchise"
SECTION 15~ ACCEP1:'ANCE., The District shall, within thirty
(30) days after the passage and publication of this ol'dinance!f file with.
the City Clerk its acceptance of the same in writing ~ signed by its proper
officers and attested. by its corporate seal.
SECTION 16. FINDING OF EtvtERGENCY. This ordinance is
passed as an emergency ml?.asure~ and the C.ouncll does 1 by the vote
by which this ord!nance is passedJ bereby declare t'hat an emergency
exists. which makes It imperative tbat this ordinance would become
effective forthwith in order that the public health, welfare slld safety
might most effectively be provided. for.
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PASSED by the City Carmeil at its Adjourned Regular lv'leeting
held on November 16, 19591 in the City of Clernlont, Florida..
ATTEST:
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/s/ A. M. Johnson
cIty Clerk ....' - -
Pieslaent ~roTein.' of ..~--
City Council, Clermont. Florida
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Passed by the City Council on its first reading on
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November 17, 1959..
PASSED by tbe City Council at its second reAdJag on
November 17, 1959..
PASSED by-tbe City Council at its third reading on
November 17, 1959.
AITEST:
/s/ A. M. Johnson
etty Cletk J
PreslaeD.t Pro Tem. or
City CouncU. Cle.rmont, Florida
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CERTIPICATE
'i~
III A. M.. JOHNSON, Clerk of the City of Clermont,
Florida, do Heeebt Certify thH,t a copy of die foregoiDg Om'"
laaDce was pooted as required under the Charter .aDd. Ordinances
of tbia City.
DATED. December 16, 1959.
/s/ A. M. Johnson
~erk, ermont,
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.CERTIFICATE
I HEREBY CERTIFY, that th~ foregoing is a true copy of
Ordinance 'No. as passed by the City Council and approved
by the Mayor Pro Tern. of the City of Clermont, at an Adjourned
Regular Ivleeting of the City Council of the City of Clermont held
On November 17 ~ ],959, the original of this Ordinance being on
fn~ in theOtdinance Book of the City of Clermont in the office of
the City Clerk of the City of Clerm,ont.
DATED ~
, 1959.
e
, as-City Clerk of the
City of Clermont
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RESOLUTION
WHEREAS, WILLIAM L. C. GROSS and wife, ELAINE M. GROSS,
of Clermont, Lake County, Florida, are the OWBera In tee aimpl. r:4 the
followlDI described property in 'Mlnneola, Lake County, Florida, to-wit:
Lot Three (Sl, of Jlock Fifty-Two (~2), a. repreaented
on the OFFICIA.L MAP of the TOWN OF MINNEOLA,
duly f11edand r-.e..ded in the Public Recorda of Lake
County,Plorida, LBSS and.EXCEPT the riPt-of-way
for Stat. Read 21,. U, S. 27, (formerly St,.to Road 8- A,
U. S. 19), and LSSS' andBXCEPT fraetl-OIlal Lot 3, lyina
B..t of State ROld 25; and,
Lots Three (3) andlix (6), of Block Fifty- Pive (55), aa
repreeertted 011 me Offt.cial Map of the Town of Mlal1eola,
duly filed aud,ruorded in the Public I\ecords of Late
County, PIOl'ida.
WHEREAS, Division Street," repr..ented on the Ofttc1al Map of the
Tawn of Mtnneola, Lake County, Florida, duly filed and recorded in the Public
Records of Lake COtmty, Plc:xtlda. lies South of and adjaceIlt to said LOts 3 and
6, Block 5~, arid ,aid Lot 3, Block 52, and the center line of Division Street
is the common Dou:ndary.between the Town of Minneola aDd the City of Clermont,
therefore, the North Half (N 1/2) of 0I..1s1on Street is wholly within the Town
of Mianeo1a: and, Bloxam AVeDue. running in a Northerly-Southerly directlOf1,
separates _aid Block. 32 aad 55; and,
WHEREAS, the N 1/2 of DivistOll Street, .. well as the S 1/2 thereof,
ba. Dever been Iraded, paved or improved by the T01fB of Nimaeola or the
City of Clermoftt, and ....b.. Dever been used by aByone except the adjacent
prope:tty owner. a. private property; and, the City of Clermont is cOllalderlng
the permanent closi. of the S 1/2 tbereot lying West of Bloxam Avenue and
Bait tA Oalena Avellue, lad Bait of Bloxam Avenue and We.t of State Road 25;
and, this Council (Commlssioner.) have been requ9ted to cINe the N 1/2 of
D1vl.tOAStreet between the lIame avenues and State Road 25 in exchange for
a like 60 toot 8trip tor street purposes acroaa the North 60 feet of said Lots
3 and 6. Block S5 and the North 60 feet of said Lot 3. Block 52, lying West of
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State Road 2S; and. a. said lie. ar.ea for road purpo.e. will better serve
thi. Town and eliminate a traffic hazzard at the pre.ent iftteraectlO1l of
Divlelon Street, if opened, and. State Road 25, therefore., It i8 in the best
. interelt of. the general welfare of the TOWft of Mianeola that .ald N 1/2 of
Dlvl.ion Street, between .aid relpective described Avenues and State Road
25 be permane1\t1y abandoned, cloaed and vacated and that the land. within
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aaid area 80 aballdoned revert to the OWRer. of the adjacent property;
therefore,
BE IT RBSOL VED by the Commiasioners (Council) of the Town of
Minneola, Lake COWlty, Florida, that the Town Clerk putaU.h in the ClermOlU
Prea. for two coo8.cutlve l..ues, beginniDlllot later tNB November 19, 1959,
. Nottee notlfyin.,aU per.OIls interested that these Commi..ioura will con-
aider the pas.age rA. an Ordinaace at their regular Meet1DI to be held on
December 2, 19$9, which will permatl61ltly abandon, close and "'cate the
N 1/2 of DlvillOft Street, Baat of Galena Avenue, West of Bloxam Avenue
and East of Bloxam Avenue,
and Weat of State Road 25; and, that the landa within laid area so permuent1:~
abandoned, closed and vacated shan revert to the owner I of the adjacent
property; and,
BE IT FURTHER RESOLVED that at the date of pa.aale of .aid Ordinance
the within named William L. C. Groa. and wife, Elaine M. Groa., will ConVt!lY
to the Town of Mlrmeola for atreet purpOll.., only the North 60 feet of aaid
Lota 3 and 6, Block 55, and Lot 3, Block 52, lying Weat of State Road 25; and,
that all expen... 1ft cCIftDection with thia Resolution, Notice, Ordinance and
caaveyuce be paid .by ..id owners.
AOOPTED by the COMMlSSIONER.S (Council) of the ToWll of Mlnneola,
Lat. County, Florida, till. November., 1959.
~~erk
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