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05-17-1955 Regular Meeting Adjourned Meeting ~ ~ A regularly adjourned meeting of the City Council of the City of Clermont was held at the city hall, May 17, 1955. The meeting was called to order by Council President E. G. Winston at 7:30 P. M. with the following members present: Winston, Konsler, Beal and Olivenbaum. Other city officials present were Mayor Boyd, Supt. Sheldon and Mr. J. B. Pullwood. Visitors present were Mr. Lock, Mr. Wet stein and Mr. Sturderman all of Plorida Telephone Corp. and Mr. Brown of Dual Parking Meter Corporation and Mr ' a repre sent at i ve of Sargeant s Concentrate s. The minutes of the meeting held May 3, 1955 were read and approved as read. Representatives of Plorida Telephone Corporation spoke to the Council regarding the granting of a franchise to said Telephone Corp. After a session of questions, answers and discussion Mr. Konsler offered, and moved that it be passed, AN ORDINANCE GRANTING TO THE FLORIDA TELEPHOFE CORPORATION, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE ALONG MJY STREETS, AVENUES, ALLEYS AND PUBLIC PLACES WITHIN THE CITY OF CLERMONT, FLORIDA, FOR THE PURPOSE OF CONS'rRUCTING, MAINTAINING AND OPERATING A TELEPHONE SYSTEM IN SAID CITY, AND PRESCRIBING THE CONDITIONS AND TERMS UNDER WHICH SAID FRANCHISE SHALL BE EXER~ISED. The motion was seconded by Mr. Beal and unanamously carried. Mr. Beal moved that the rules be waived and that the ORDINANCE be read the second time by title only. The motion was second.ed by Mr. Olivenbaum and unanamously carried. Af~er the second reading, by title only, Mr. Konsler moved that the rules be further waived and that the ORDINANCE be placed upon its passage. The motion was seconded by Mr. Beal and unanamously carried. Thereupon the ORDINANCE was read in full and upo~ roll call vote the ayes were Winston, Olivenbaum, Konsler and Beal. Nays: none. Absent: Grant. The ORDINANCE passed title as stated and ordered recorded in the Ordinance book and numbered 140. A copy in full appears immediately following these minutes. Mayor Boyd asked for additional time in considering the Ordinance before approving or disapproving same. Mr. Konsler of the Streets Committee reported that the bad drainage situation in front of Mr. F. H. Harman's residence would be remedied soon, and that the alley through block 81 would be repaired as soon as possible. He further reported that the paving of Chestnut street, from lOth street to We st avenue. Mr. Grantc:came in at this time. ~ ~ Motion by Beal, seconded by Grant, that when the County Commissioners of Lake' County have deeded to the City of Clermont that property now being used as a garbage dump by the city of Clermont, said property being an area of approximately eight acres and lying East of Clermont and South of Mohawk, that the city of Clermont will deed to Glen Middleton, or someone desiginated by him, that property of approximately five acres known as the old city dump and lying direct,ly North of the cemetary, and that in view of this agreement said Glen Middleton agrees to start operations immediately on the closing and filling of that property to be deeded to him, but that a proposal of the grade of DeSoto street be presented to the City Council for approval before any street grad.ing is done. Motion carried. The matter of locating a house trailer on the property belonging to Sargeant Concentrates was further discussed and the matter referred to the Sanitation Committee. Mayor Boyd reported that Mr. Guerney, the operat or of the concession stand at the J. C. Beach, had been appointed as a special beach policeman. Mayor Boyd further reported that the Councty Spray crew would be in Clermont T~urSd~Y morning to start operations on the spraying of \~~L, er:::!J~a:Ke. ~ ~ After further consideration of the installation of Parking meters ~10tion was made by Gran:t, ,seconded by Konsler and carried that the "hold-up" order placed on the shipment and installation of parking meters be canceled and that Dual Parking Meter Corporation proceed as per their contract with the understanding that the meters are not to be put into operation prior to September 1st, 1955. The Council unanamously agreed that no special consideration should be given to Linderman & Long regarding the paving of Blaxam avenue and that the same rate per lineal foot should be assessed against their property as on other properties concerned. Clerk Johnson was instructed to so inform Mr. Long. Motion was made by Beal, seconded by Konsler and carried that the city donate an additional eight hundred dollars to South lake Memorial Hospital. Motion was made by Beal, seconded by Grant, that the office of the city clerk be closed all day Saturday during the months of June, July and A.ugust. Motion carried. Cons~geration was given to the possible purchase of several locations for a city barn and storage but no actfun was taken. . ~~. ~ <te . ~ I,; ~ ~ - ./ , --------~ ~~-- Chairman of the Council /J ,tj, Cl ~ '~ ORDINANCE NO 0 ~ ,., AN ORDINANCE GRANTING TO THE FLORIDA TELEPHONE CORPORATION, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE ALONG ANY STREETS, AVENUES, ALLEYS AND PUBLIC PLACES WITHIN THE CITY OF CLERMONT, I. FLORIDA. FOR THE PURPOSE OF CONSTRUCTING, MAIN. TAINING AND OPERATING'A TELEPHONE' SYSTEM IN SAID CITY II AND PRESCRIBING THE CONn.ITIONS AND TERMS UNDER WHICH SAID FRANCHISE SHALL BE. EXERCI SED. . BE IT ENACTED AND ORDAINED BY .THE CITY"COUNCIL OF THE CITY OF CLERMONT,' FLORIDA: SECTION 1: The City Council of the City.of Clermont, Florida, does hereby give and grant to the Florida Telephone Corporation. a Florida corporation organized and existing . ' under the laws of the State of Florida, its successors and assigns, the right to construct, maintain and operate a tele- phone system in the City of Clermont, and, along and across, .the streets" avenues ~ alleys and public places belonging to ' the City' of Clermont, Florida, fo~ a period ,of thirty (SO) years. . .... ~ . SECTION 2: This franchise is granted upon the condi- tion that upon the expiration ,of twenty (20) years from the 'effective date of this franchise the City of Clermont shall have the option and right, at its election, to purchase' the said telephone system or other property used under or in conn- ection with this franchise or such part of such property, real and' personal, as the City may.desire to purchase, at a valuation, which valuB,tion shall be fixed by arbi tratlon as may be provided by law. Should the option to purchase ,the said telephone system, together with all of the property used under or in connection with this franchise, real and personal, be exercised by the said City, then this franchise, upon the payment of the purchase price' for said system and property purchased hereunder. shall cease to exist. The City of Clermont sha~l'bedeemed to have 'exercised 1 ts option to purchase when 1 t shall have presented to the Florida Telephone Corporation, its successors and assigns, at its general offices in' the .City of Ocala. Florida, written notice of'its purpose to exex:cise its option' at least ninety (90) days' prior to the expiration of the said twenty (20) year period, if'such be exercised to be effect~ve'at. that time, fail- ing which said option expires. The C1'tty. of Clermont shall also have a like option and right and under the same terms and con- ditions upon the expiration of the term of this ,franchise. to purchase'said telephon~ system and the purchase price of such property so purchased shall ~e determined in like manner, if such be exercised. to be effective' at that time, failing which said option expireso SECTION 3:' .This franchise is granted subject to all rules and regulations now in ,~ffect governing the construction, maintenance, operation, expansion, control and regulation of telephone companies according to the laws of' the State, of Florida, and the location of all poles and underground cables shall be made with the approval of the street committ~e of the City Council of the City of Clermont, and such location shall be made by the said Corporation so 'theI;'e will be. no interference with other public uses of the said streets, avenues, alleys and public places within the said City of Clermont. Whenever, in view of the necessity of moving a building or other structure along a street or alley within said City,of Clermont, the said . ~.. ~ .~ City of Clermont shall serv~notice in writing of such requirement ,t.othe Florid~ 'Telephone Corporation~ 1 ts successors .?nd assigns ~ at -its general offices ~n .the,: City o{ Ocala, Flo:;-ida, the.sa'-d Corporation,sha~l move 'such poles' 'and. .w~resas,' may be . necessary , providing. the. owner or: .move;-o:f ~he said: building oJ':' structure ,so. to. be .moved.shall fir:~t deposit 'with the Corporation ,anamotint . aqua.l to.. the c~st. qf moving.:. and replacing such .pole'sarid wiresasestimat'ed by the Corporationo Any amount unex- pended' in 'making '.nu~~ ,alter.ationsshallbe returned to the person making such deposlt~ SECTION 4. The Florlda Telephone Co~por,ationfllt.s s\1c~essorsand assign~" shall at all ti~es during the term of this franchise hold the City of Clermont free and h~rm- less from all liability and damages to .persons,or property . on account. of the construction" maintenance and. operation of the. said telephone system;, . .' , . S.ECTION 5.. The said City of Clermont .shall be :allow- ed free use of the said poles within.the.corporate limits of Clermont for the erection .and maintenance thereon of ' . a fire .alarm system at all, times during the term of . this franchise,~: provid.ed said fire' alarm system does not .inter.. fere with the prQper maintenance, construction and opera- tion' of the te19phone system .for ~hich said. poles are intended. ~, ~ . . SECTION 6. .The work of erecting poles and construct- ing underground. cables under this Ordinance. shall be done 'subj ect .to' the sUpe~vision of the City. and the. Corporation 'shall.re~lac~ any sidewalk or. street that may be displ~ced by reason of such work, and upon failur.e: of the Corporation so to do after reasonable notice in wrtting shall have been given by. the City' to. the Corporation, at its general ,office in 'the City ofOcala, florfda, the City may. repair such, portione. of,the sidewalk or street that may have. been dis- turbedby theC6,rporation., and. collect. the cost so incur~ed from the Corpor,'ation~ . . SECTION '7. In ,con'sideratlon of. the rights and privileges herein granted~ ,Florida Telephone CorporatIon will furni-sh to the City., for the use of itsoff.lcials. and . employees on municipal business, two (2) business i-ndividual J,ine telephones', excludingextensions.p' swl tches., gongs,. or other .miscellaneous equipment,., the above busine~s individual line telephones being a part of the: present facilities ,now used by the Clty~ without. charge to said,City for. local..ex- , 'change service and, provided ,that the telephones abovemen- tioned ,are'to be furni-shed under and subject to the usual rut.es and regulations of the ,Corporation, including those ,applying to the usual rules 'and regulations of the Corporation, including those applying to the use of such telephones for toll or long distance service, or for moves or rearrangements offacili ties which ,said service is to be paid for by the City at the regular and lawful rates of the Corporation therefoJ~. SECTION 8. No action shall be taken under this.Ordin- ance by the City of Clermont relative to the rights and pri.vi- leges granted hereunder until and after said City shall have giyen wrl,tten notice to the Florida Telephone 'Corporatlon at its general office in the City of Oeale, Florida, of any basis, -2- ~ ,., actual or alleged, on'which such'proposed action is contemplated, and until said Florida Telephone Corpora- tion shall have had,'after receipt of said'notice. reasonable opportunity to comply with and remedy any such situation complained of" - - - - - ~ - ~ - - - - - - - - - - - - - - - - - ~ - - .. , PASSED at aA! Rf>T~uf?}./t=:/) . Meeting of the City Council'of the City of Clermont, held in the Council Chamber on the /7 day of NJl-'; A. D.. 1955. ;f['~~ . 'Presidentoi City Council ATTEST: City Clerk _ _ ~ _ w _ _ _ ~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ APPROV~D by me as Mayor of the City of Clermont. this...Q...day of ,.L1 R: Y A. D., 1955. Mayor ~ - - - - - - - ~ - - - - - - ~ - ~ - - - - - - - - - - - - - This Ordinance vetoed by the Mayor and at a meeting held June 7, 1955 all Council members present, the same bring the necessary four fifths majority voted to over-ride the veto and pass the ordinance. .... ." ~ -3- BILLS PAYABLE April 30, 1955 ~ ....,. Stokes and Eields Achord's Garage Bill Judy Statio~ Brantly Electric Co. Wolfe & Konsler Boykin & Elliott American Oil Co., Standard Oil Co Puritan Chemical Co. Orange State Oil Co. Florida Telephone Corp Harry p. Leu, Inc Whirler-Glide Mowers Walker-Jensen Donald S. LaVigne Lenfester Supply Co. Badger Meter Mfg. Co. Seaver's Garage Orlando Office Supply Atlantic Chemical Co. Sanger Builders Supply South ,ake Publishers The Sanifax Co Army-Navy Surplus Dominion Signal Co. Supreme Fuel Co. Finley Municipal Florida Power Corp. Leesburg Typewriter Serv Chas, Haines-Fire CallS John R. Jones Newt on Manuf Co. Southeast Communication John Mansville Joe Andrew s Sun Chevrolet Co. ~ ~ 982 0 l~9 103.22 40.52 9.74 111.11 39.00 40.00 6.50 81.77 12;:; 3 2 42.39 265 .51 44.86 8.50 13.82 49 . 45 57.35 42.45 8.35 38.61 10.76 17~90 113.91 47.65 100.92 276.38 707.05 870.74 6.15 72.00 7.00 26 . 41 25 . 00 3,152.37 225.00 .....5 40. 48- ..... I