05-17-1955 Regular Meeting
Adjourned Meeting
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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.
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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.
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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.
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Chairman of the Council /J
,tj,
Cl
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ORDINANCE NO 0
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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. .
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. 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
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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.
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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,
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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"
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, 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.
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'Presidentoi City Council
ATTEST:
City Clerk
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APPROV~D by me as Mayor of the City of Clermont.
this...Q...day of ,.L1 R: Y A. D., 1955.
Mayor
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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.
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BILLS PAYABLE
April 30, 1955
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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.
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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-
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