11-09-1954 Regular Meeting
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ADJOURNED MEFTING
An Adjo}trned meeting of the City Council of the City oft:}
Clermont was held at the city hall, Tuesday, November~ 1954.
The meeting was called to order by Council President, Arthur
George, at 7:30 P. M. with the following council members
present: George, Winston, Sickler and Olivenbaum. Absent:
Konsler. Mayor Boyd, Supt. Sheldon, Police Chief Clark,
City attorney Morse, Mr. Ralph Brown, Miss Brantly and
Miss ~opdswere also present.
The minutes of the meeting held Ovtober 19, 1954 and
November 2, 1954, were read and'approved as read.
Miss Brantly and Miss Jones asked the Council's permission
to used the tennis cour$s at the city park for Basket-Ball,
with the understanding that the courts are to be in no way
harmed or disturbed. Motion by Sickler, seconded by Olivenbaum
that the young ladies request be granted and that the school
be permitted to used the tennis courts for basket-ball.
Motion carried.
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Mrs. Richard B. Stanley, Tax assessor, submitted a proposed
adjustment on valuation on the following property: lots 7& 8
and 87' of 5, Riveria heights. Clerk Johnson was instructed
to inform Mrs. Stanley that the tax roll' for the year 1954-55
had been adopted as submitted by her and that the Council was
not inclined to make a~ adjustments on said roll, but that
they would consider her recommendations for the next tax roll.
Mr. Winston reporting for thw Water Committee, stated that
he had contacted the local bank and that the city could obtain
a loan at 4% interest for water works expansion.
Mr. Olivenbaum recommended and moved that Supt. Sheldon be
authorized and instructed to have a city map prepared showing
all water mains and hydrants. The motion was seconded by Mr.
Sickler and ca rried.
Motion was made by Winston, seconded by Olivenbaum and carried
that Supt. Sheldon be authorized to purchase a gasoline, chain
driven, power saw. This was at the recommendation of the Mayor.
Eolice Chief Clark read the yearly Police report. The same
was accepted and ordered filed.
Motion by Sickler, seconded by Olivenbaum and carried that
the following salary increases take effect as of November
1st: Police officers, 10.00 monthly. Fire Chief, 10.00
monthly. J. B. Fullwood, 10.00 monthly. City Clerk, 15.00
monthly.
Chairman George stated that Mrs. H. H. Tully had requested
that the City cooperate with the State Road Department on a
test program of four garbage cans on highway "27" within
the city limits, and that the city's part of the program
would be the removal of the garbage from the cans.
Motion was made by Olivenbaum, seconded by Sickler and
carried that the city agree to cooperate to the extent of
removing the garbage for a period of six months.
Motion was made by Winston, seconded by Sickler and carried
that the city attorney request permission from the State
Road Department for the city to install flood lights at the
intersection of highways "27" and "50" as per plan submitted
by Mr. George.
Motion by OlivenbaUm, seconded by Winston and carried
that the valuation of the Kloester property, lot 30, Clermont
Heights, be reduced to land value only for tax purposes,
as improvements had not been completed as of January 1, 1954,
and the property had, therefore, been assessed, through erroru
The matter of installation of ','White-way" lighting on highway
"50" through the city was discussed and tabled.
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Motion by Winston, seconded by Olivenbaumand' carried that the
Clerk be authorized to issue a check in the amount of $~,763.00
to the local Chamber of Commerce, as per the 1954-55 budget.
Motion by Olivenbaum, seconded by Sickler and carried
that a bill to Bill JUdy'S Service station in the amount of
$32.88 be paid. Motion carried.
Motion by Winston, seconded by Sickler and carried that 1953
tax bill, numbered 1452, in the amount ,of $3.20, be canceled
as the business no longer existed and the account was uncollectable
Motion by Sickler, seconded by Winston, and carried that
Persohal Property tax bill numbered 1600 (1954 Taxes) in the
amount of $8.00, be struck from the roll as same had been
assessed through error.
Clerk Johnson was instructed to advise Mr. Harry Brown
that his request for permission to build on the South
50' of lot 19 and the South 501 of the West half of lot
17, Block 127, Indian Hills, had been considered, but that
due to the Zoning Ordinance wherein 7,500 sq. ft. of land
area was necessary in that Zone, and that inasmuch as the
property in question contained excatly half of that amount
it would not be possible for the city to issue a building
permit as requested.
Mr. Olivenbaum-offered a Resolution and moved its adoption,
wherein it was requested that the new bridge over the St. Johns
river in the northern part of Lake Councty be named the
Francis P. Whitehair bridge. The motio~ was seconded by Mr.
Sickler and varried. A copy in full of the Resolution appears
immediately following these minutes.
Motion by Sickler, seconded by Olivenbaum and carried that
the C,ity Clerk be instructed to inform Mr. Carl Prine thllBt
he would be expected to execute the easement agreement,on
certain properties adjacent to the J. C. Beach, with the city
or to vacate the property.
The matter of purchasing a police carewas discussed and the
matter wa~ tabled.
Clerk Johnson read a letter from Mr. Boyette, wherein Mr.
Boyette requested that the city levy certain assessments
for street construction against certsi property owners
on Hampton, Millholland and Almond streets, for streets
constr~cted jointly by the City and Mr. ~yette.
Mlerk Johnson was instructed to inform 1~. Boyette that it
was the opinion of the Council that inasmuch as the streets
had not been ordered constructed by the city, and, that as the
the property owners in question had not been notified prior to
the construction of said streets, that the city could not force
collection as requested; that it was their further opinion
that if Mr. Boyett~ felt that other property owners should
share in the cost of construction, that he, Mr. Boyette, should
contact them and endeavor to make collection.
Motion by Winston, seconded by Sickler, and carried that the
city clerk notify all property owners on the West side of 5th
street between Juniata street and Highway "50" that they are
to construct a standard fife foot side walk in front of their
properties and that if they fail to do so the city will construct
same and take liens against their properties for the cost of
construction.
Mr. Winston offered, and moved that it be passed,
"AN ORDINANCE DECLARING THE POLICY AND PURPOSE OF THE CITY
OF CLERMONT, FLORIDA, TO EXTEND 'ro THE EMPLOYEES AND OFFICIALS
OF SAID CITY OF CLERMONT, FLORIDA, NOT EXCLUDED BY LAW, NOR
HEREINAFTER EXCEPTEP, THE BENEFITS OF THE SYSTEM OF FEDERAL OLD
AGE AND SURVIVORS INSURANCE, AS AUTHORIZED BY THE FEDERAL SOVIAL
SECURITY ACT, AND AMENDMENTS THERETO, UPON THE BASIS OF
APPLICABLE STATE AND FEDERAL LAWS OR REGULATIONS; AUTHORI~NG
AND DIRECTING THE MAYOR, OR OTHER CHIEF EXECUTIVE OFFICER
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, TO EXECUTE ,AGREEmENTS AND AMENDMENTS THERETO WITH THE
STATE AGENCY AUTHORIZED 'ro ENTER INTO SUCH AGREEMENTS, FOR
COVERAGE OF SAID EMPI1>YEES AND OFFICIALS; PROVIDING FOR
WITHHOLDINGS FROM SALARIES Ai,D WAGES OF EMPLOYEES AND
OFFICIALS OF SAID CITY SO COVERED TO BE MADE AND PAID OVER
AS PROVIDED BY APPLI,CABLE STATE OR FEDERAL LAWS OR REGULATIONS;.
PROVIDING THAT SAID CITY SHALL APPKOPIATE AND PAY OVER
EMPLOYER I S CONTRIBUTIONS AND ASSESSMENTS AS PEOVIDED BY
APPLICABLE STATE AND FEDERAL LAWS OR REGULATIONS; PROVIDING
THAT SAID CITY SHALL KEEP RECORDS AND MAKE' REPORTS AS REQUIRED
BY APPLICABLE STATE OR FEDERAL LAWS OR REGULATIONS"
which Ordinance was read in full. The motion was seconded
by Mr. Sickler and upon Roll call vote was unanamously carried.
Mr. Olivenbaum then moved that the fnlil.es.ebeawaived and that the
Ordinance be read the second time by title only. The motion was
seconded by Mr. Winston and unanamously carried. After the
second reading by 'title only, Mr. Winston moved that the rules
be further waived and that the Ordinance be read a third time
and placed upon its passage. The motion was seconded by Mr.
Sickler and unanamously carried. Thereupon the Ordinance was
read the third time and upon its passage the roll call vote
was as follows: Ayes: Winston, Sickler, Olivenbaum and George.
Nays: none. Absent: Konsler. So the Ordinance was passed,
title as stated, and ordered placed in the Ordinance book
and numbered 125. A copy in full appears immediately
following these minutes.
Motion by ~inston, seconded by Sickler that meeting adjourn.
d:d. ~c:;~ ~
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STATE-MUNICIPAL AGREEM~
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The Florida Industrial Commission, under authority of Chapter
650, Florida Statutes, 1951, as amended, and the City of Clermont.
Florida, a municipal corporation and political subdivision of tile
State of Florida, in order to extend to employees of said IllUnic~l-
pality (eJl:cept such as are hereinafter excluded). the coverage
of the Old-Age and Survivors Insurance System established by
Title II of the Social Security Act (Public Law 734 (H.R. 6000)
Slst Congress), hereby agree as follows:
1. DEFINITIOOS:
For the purposes of this Agreement _
e.) The term "employee" means an employe. as ..f1ned in
Section 210 (k) (2) of the Social Security Act and includes any
officer of the municipality.
(b) The term "retirement system" means a pension, annuity,
retirement, or similar fund or srstem established by the State c,f
Florida or by a political subdiv sion thereof.
(c) The term "State Agency" means the Florida Industrial
Commission.
2. SERVICES COVERED:
This Agreement includes and covers all services performed by
individuals as employees of the municipality, EXCEPT:
(a) Any service performed by an employee in a position, which,
on the date of federal approval of this Agreement, is covered by a
retirement system.
(b) Services performed by an employee who is employed to
relieve him from unemployment.
(c) Service performed in a hospital, home. or other instltl.l-
tion by a patient or inmate thereof.
(d) Cover.d transportation service (as defined in Section
210(1) of the Social Security Act. as amended).
ee) Service (other than agricultural labor or service per-
formed by a stud.nt) which is or is permitted to be excluded frolll
employment by any provision of Section 210 ea) of the Social Secur-
ity Act, as amended, other than paragraph 8 of said section.
(f) Service of an emergency nature.
(9) Service in all classes of elective positions.
(h) Service in part-time positions.
3. COOTRIStrrIONS BY EMPLOYEES OF THE MUNICIPALITY:
The municipality agrees to impose upon its employe.s as to
servic.s covered by this Agr....nt, a contribution with respect
to wages (as defined in Section 6~O.02. Florida Statutes) not
exce.ding the amount of tax which would b. imposed by Section 14C~
of the Federal Inaurance Contributions Act if such services consti-
tuted employment within the me.ning of the Act, and to deduct the
Page Two of State~unicipal Agreement
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amount of such contribution from the wages as and when paid.
Contributions so collected shall be paid into the "Contribution
fund" in the State Treasury in partial discharge of the liabiltty
of said municipality. said payments to the Contribution fund tc.
be made in accordance with regulations of the State Agency. It
is agreed and understood that the failure of said municipality
to deduct such contributions shall not relieve it of liability
therefor. It is further understood and agreed that delinquent
payments due to said Contribution Fund bear interest of one-half
of one per cent for each calendar month or part thereof past the
due date, and that same may be recovered by proper court action
against the municipality, or may, at the request of the State
Agency, be deducted from any moneys payable to such municipality
by any department or agency of the state.
4. CCNI'RIBUTIONS BY THE MUNICIPALITY,
ea) The municipality represents that it has duly and legally
adopted, and that there 1s now in full force and effect an ordin-
ance requiring an appropriation from available funds in its gen-
eral or special funds derived from ad valorem or other sources
which shall be fully sufficient, when added to the sums withheld
as contributions from the salaries, wages, or compensation for
personal services performed by employees thereof covered by this
Agreement, to equal the total amount due from said municipality
to said Contribution Fund (employers' and employees I contributions)
under applicable provisions of said Chapter 650. and of said
Title II of the Social Security Act as amended.
(b) As assurance of its ability to pay its share of the
contributions which will become due and payable to the State
Agency under the terms of this Agreement. and as assurance that
said contributions will be adequate, the municipality hereby
obligates itself and represents that at all times hereafter there
will be maintained 1n said appropriation referred to in subsec-
tion e.) above, a sum fully sufficient to pay its share of the
contribution due to the Contribution Fund; and that same (together
with contributions deducted from salaries, wages, etc., of
emplorees) will be paid promptly when due, under the regulations
of sa d Stat. Agency.
~. ADMINISTRATIVE COSTSs
The municipality agrees to pay its proportionate part of the
cost of administering said Chapter 650, florida Statutes 1951.
as amended, as required by Section 6~0.05(5) thereof, together
with any interest assessed thereon, at such times and in such
amounts as the State Agency may by regulation prescribe.
6. REPORTS - Gc:NPLIANCE WITH REGULATIONS z
The municipality agrees that it will make such reports. j.n
such form and containing such information, as the State Agency
may from time to time require. The municipality further agrees that
it will comply with all regulations adopted and promulgated by the
state Agency necessary to carry out the purposes of said Chapter
650, and of Section 218 of the Social Security Act, 8S amended.
7. TERMINATION:
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The State Agency is authorized to terminate this Agreement
in its entirety If it finds that there has be.n a failure to C:OIl-
ply substantially with any applicable law or regulation, or with
any provision contained 1n this Agreement, such termination t(>
take effect at the expiration of such notice and on such conditions
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Page Thr.e of State-Municipal Agreement
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as may be provided br regulations of the state Agency and b.
consistent with appl cable provisions of the Social Security
Act, and amendments thereto.
This Agreement shall be effective as of October 1. 1954.
(SEAL)
FLORIDA INDUSTRIAL CCNMISSION t ~
STATE AGENCY FOR ADMINISTRATION OF
SOCIAL SECURITY N:.T
Attest:
By
~halrman
Secretary
(SEAL)
CITY Of CLERMONT. FLCEIDA
BY~~~_
Mayor
ORDINANCE NO. Jd~
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AN ORDINANCE DECLARING THE POLICY AND PURPOSE OF THE
CITY OF CLERMONT. FLORIDA. TO EXTEND TO THE EMPLOYEES
AND OfFICIALS OF SAID CITY Of CLERMONT. FLanOA, Not'
EXCLUDED BY LAW, NOR HEREINAFTER EXCEPTED, THE
BENEfITS Of THE SYSTEM OF FEDERAL OLD AGE AND SURVIVORS'
INSURANCE, AS AUTHORIZED BY THE FEDERAL SOCIAL SECURITY
N:.T, AND AMENDMENTS THERETO, UPON THE BASIS OF
APPLICABLE STATE AND FEDERAL LAWS OR REGULATIONS #
AUTHOOIZING AND DIRECTING THE MAYOR. OR OTHER CHIEf
EXECUTIVE OFFICER, TO EXECUTE AGREEMENTS AND AMENDMENtS
THERETO WITH THE 5T ATE AGEfCY AUTHCRIZSD TO ENTER INTO
StcH AGREEMENTS. FOR COVERAGE OF SAID EMPLOYEES AND
OFfICIALS: PROVIDING FOR WITHHOLDINGS FROM SALARIES AND
WAGES OF EMPLOYEES AND OFPICIALS OF SAID CITY SO
COVERED TO BE MADE AND PAID OVER AS PROVIDED BY
APPLICABLE STATE OR FEDERAL LAWS OR REGULATIONS;
PROVIDING THAT SAID CITY SHALL APPROPORIATE AND PAY
OVER EM{>LOYER' S CONTRIBUTIONS AND ASSESSMENTS AS
PROVIDED BY APPUCABLE STATE OR FEDERAL LAWS OR
REGULATIONS; PROVIDING THAT SAID CITY SHALL KEEP
RECORDS AND MAKE REPORTS AS REQUIRED BY APPLICABLE
ST ATB OR FEDERAL LAWS OR REGULATIONS.
BE IT ORDAINED AND ESTABLISHED BY THE CITY COUNCIL OP
THE CITY OF CLERMONT, FLmIDA, AS FOLLCNlS:
Section 1. It is hereby declared to be the policy and
purpose of the City of Clermont, Florida, to extend, effective
as of October 1, 1954, to the employees and officials thereof,
not excluded by law, nor excepted herein, and whether employed
in connection with a governmental or proprietary function.
the benefits of the system of Old Age and Survivor's Insurance
as authorized by the Federal Social Security Act and amendments
thereto, including Public Law 734 of Slst Congreas, and by
Chapter 650, Florida Statutes 1951, as amended; and to cover
by such plan all services which constitute employment as
defined in Section 650.02 of said Chapter 650, performed in the
employ of said City by employees thereof, except: NONE.
Section 2. The Mayor, or other chief executive officer,
of the City of Clermont, Florida, is hereby authori%ed and
directed to execute all necessary agreements and amendments
thereto with the Florida Industrial Commdssion, as State Agency,
for the purpose of extending the benefits provided by said system
of Old Age and Survivor's Insurance to the employees and
officials of this City as provided 1n Section 1 hereof, which
agreement shall provide for such methods of administration of
the plan by said City as are found by the State Agency to be
necessary for the proper and efficient administration thereof,
and shall be effective with respect to services in employment
covered by such agreement performed after the 30th day of
September, A. D., 1954.
Section 3. Withholdlngs from salaries, w.ges, or other
compensation of employ.es and officials for the purpose provided
in Section 1 hereof are hereby authorized to be made, and shall
be made, in the amounts and at such times as may be required by
applicable State or Federal laws or regulations, and shall be
paid over to the State Agency designated by said laws or
regulations to receive such amounts.
Section 4. There shall be appropriated from available funds,
derived from the General funds of the City of Clermont, such
amounts, at such times, as may be required to pay promptly 'the
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Page 2 of Ordainance No.
of City of Clezmont. Florida.
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contributions and assessments required of the City as employer
by applicable State or Federal law$ or regulations. which shall
be paid over to the lawfully designated State Agency at the
times and in the manner provided by law and regulation.
Section 5. lhe City shall keep such records and make
such reports as may be required by applicable State or Federal
laws or regulations. and shall adhere to the regulations of
the state Agency.
Section 6. There is hereby excluded from this ordinance
any authority to make any agreement with respect to any position
or any employee or official now covered, or authorized to be
covered. by any other ordinance or law creating any retirement
syste. for any employee or official of the said City.
Section 7. The City of Clermont. Florida. does hereby
adopt the terms conditions, requirements, reservations,
benefits, privileges, and other conditions thereunto app..tain-
ing. of Title II of the Social Security Act as amended by Public
Law. No. 734 Slst Congress. for and on behalf of all the offi-
cers and employees thereof and of its departments and agencies
now covered or authorized to be covered by any retirement system
provided by law. and further excepting any official or employee
who occupies any position, office, or employment not authorized
to be covered by applicable State or Federal laws or regulations,
or whose service is specifically excepted in Section 1 .ereof.
Section 8. A. M. Johnson, or his successor, as City Clerk,
of the Cit! of Clermont 1& hereby designated the custodian of
all sums w thheld from the compensation of officers and empkrees
and of the appropriated funds for the contribution of the City
and A. M. Johnson, or his Successor. as City Clerk. of said
City 1$ hereby made the withholding and reporting agent and
charged with the duty of maintaining personnel records for the
purposes of this ordinance.
Section 9. This ordinance shall take effect upon its
approval and publication as required by law.
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PASSED by the CitI Council of the City of Clermont at its
Adjourned Regular Meet ng held on 9t day of November. A.D.,
1954.
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APPROVED by me November 9. 1954. ~
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Mayor
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RESOLUTION
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WHFREAS, the Cit7 council of tbe City of Clermont, Florida,
recognizes that it is through the speoia1 ettorta of the
Honorable Francis P. Whitehair, a member of the state Road
'Aoard ot the State ot Florida, that a bridge over the st. J(thn8
River, located just East of ~le point ot merger of state Roads
42 and 44, and w~ich will connect Lake and VOlUBla counties, is
being built, and
~nEREAS, the City Council of the City of Clermont wish to
honor the Honorable Francis P. Whitehair for his continuing
ef.forts 1n behalf of hiB Road Board District and the State ot
Florida as a Whole, recognizing that it was through his un-
oeasing efforts .and devotion to duty that Lake Coun,ty and this
section of the State ot Florida 1s, and will be greatly benefited,
by too construction of said bridge, and from tbe great improve-
ment in the roads in his district since he was appointed a
member ot the State Road Board of the state of Florida; and the
members of the City Council of the City of Clermont, Florida.,
wish to take this method ot recognizing his services and hie
aooomp118~ent., and to express tribute to him.
NOW,T!1ERE~RE, BE IT RESOPJ}"lD by the city Council ot the
City of Clermont, Florida, at an adjourned meeting held TUesday,
November 9, 1954, at the City hall ot the City of Clermont,
Florida, that the Counoil hereby expresses to the Honorable
Fra.nois p. W111te'~a1r, the deep appreciation of the peo"Ole of
r.ler:-'ont tor his untiring eftorts end services; and that we
honor him by requesting the state Road Department of the State
of Florida to deslgtnate and name the highway bridge orossing
the St. Johns River on state Road 44, " The Francis P. White-
hair Bridge".
BE IT FURTHFR RESOLVED that a certified oopy of" th18
Resolution be mailed to the state Road Board of the State or
Florida at Tallahassee, Florida.
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IDTlCE FOR BIDP
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TO ALL INTERESTED PARTIES:
THe City Council of the City of Clermnt will accept eealed
bids up to 7:30 P.M. on Tuesday, October 26, 1954 in the City Hall
in Clermont, Florida for the cash purchase of a Police Car for
said City to include the following equipment with delivery within
30 days ai'ter acceptance of bid:
Heavy duty generator of sufficient capacity
to operate police radio and equipment; heavy
duty high capacity battery; heater
and such bid must inc1'.lde the furnishing of new or satisfactory
installation in the new car all special equipment on present car,
police radio, siren, blinker lighte, eeat covers, etc.; also
allowance must be made on trad~in of pre!ent pollce car, which
lIIli.y be examined at any time in the City of Clermont.
Council reserves the right to reject any or all bids
and re-advertise for bids and to negotiate with any bidder regarding
the purchase of desired equipment.
Dated September 30, 1954
A. M. JOHNSON
City Clerk
Published: September 30, and
October 7, 14, 21, 1954
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WTICE FOR BIDS
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TO ALL INTERESTED PARTIES:
The City Council of the City of Clerm:mt will accept sealed
bids at 7::30 P.M. up to Tuesday, October 26, 1954 at the City Hall
in Clernxmt, Florida, for the cash purohase of any, or all., of the
following descrl bed property in C1erm:mt, Florida:
lDte 9, lJ, 1.3, 15, 16, 17, 18, and 19
Blo ck 89
Bids on fractional part of any lot 'Will not be accepted
and the right to reject any and all bids is reserved.
Dated September .30, 1954.
A. M. JOHNSON
City Clerk
Published; September 30, and
October 7, 14, 21, 1954
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