01-06-1953 Regular Meeting
REGULAR MEETING
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A Regular meeting of the oity Counoi1 of the oity of
Clermont was held at the oity hall, Jan. 6, 1952.
The meeting was oa11ed to 'order by T. C. Cork, Jr., .
at 7:30 P. M. with all oounci1 members being present.
Others being present were :Uayor Highby, Supt. Sheldon,
Attorney Morse, Police Chief Brooks. Visitors present
were Mr. Irving Crews, ~~. Anderson, Mr. Snyder, Mrs.
Francis Frierson and Miss Elizabeth Garner. l~rs. Frierson
and Miss Garner were representatives of the Orlando
Sentinel.
The minutes of the meetings held December 22 and december
23, 1952 were read and approved.
Mr. Crews requested, and was given the f100r~ He spoke
in regards to the house now located on 10t12, Block 4,
Sunset Heights. The general trend of the remarks made by
Mr. Crews were to the effeot that the house in question-did
not comply with the zoning law or the building code. Mr.
Anderson and Mr. Snyder spoke regarding the same matter.
Chairman Cork referred the matter to attorney Morse for
investigation in order to determine if violations exist,
and if so what steps should be taken to remedy the s~tuation.
Motion by Meeker, seconded by C~orge,
was not possible to repair the broken
by Mr. Sheldon at a previous meeting,
authorized to purchase a new nozzle.
that inasmuch as it
fire nozzle reported
tha t ~5r. She Id6n be
Motion oarried.
Attorney l~orse reported that he had written HI's. "finger
in regards to the building of a driveway into her property
on ltlnnehaha ave. as instructed at a previous meeting.
Attorney Morse further reported that he had gone into the
matter of the declining cigarette tax coming into the city
treasury and that apparently the".city was not receiving the
tax from the cigarettes sold by Reddicks Super Market. "He
further stated that he had taken the matter up with Mr. Reddick
and that nIl'. Reddick would make every effort to have the matter
correoted and to see that the proper distribution of the tax
was made in the f'u ture .
Police Chie~ Brooks submitted his monthly and yearly report.
The report was read, accepted and ordered filed.
Mr. George offered, and moved that it be passed AN ORDINANCE
PERMENENTLY CroSING AND VACATING FROM THE MAP JUNIATA STREET
WEST OF TWELFTH STREET: A FIFTEEN" FOOT ALLEY RUNNING EAST AND
WEST IN BroCK 11 SUNNY SIDE"UNIT, CLERMONT HEIGHTS:AND LAKE
DRIVE EAST OF BLOCKS 47 and 47 AND WEST OF THE MESNE HIGH-LOW
WATER MARK OF CRYSTAL LAKE: SOUTH OF THE SOUTH RIGHTOF1.1AY
PF DESOTA STREET AND NORTH OF THE NORTH RIGHTOFWAY LINE OF
BROOME STREET; ALL ACCORDING TO THE OFF'ICIAL liAP OF THE CITY
OF CLERMONT FILED" FEBRUARY 4; 1926, AND RECORDED IN PLAT BOOK
8; PAGES 17 TO 23, INCLUSIVE; PUBLIC RECORDS OF LAKE COUNTY,
FLORIDA; PROVIDIlqG FOR THE REVERSION OF SAID LANDS TO THE
ABUTTING PROPERTY OWNERS; PROVIDING FOR OTHER MATTERS
RELATING THERETO.
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rfuich Ordinanoe was read in full. The motion was s~obnded by'
Ur. iite.a.l@a' and upon roll call vote was ayes : George, }.Ieekeri
Cork, -Ferguson. Nay. Winston. Uotion oarried. .
Mr. G@o~&~ then moved that the rules be waived and that the
Ordinanc& be read the second time by title only. The motion
was seconded by Mr. Ferguson and on roll call vote was ayes:
George, Ferguson, Meeker and Cork. Nay Winston.
After the seoond reading by title only MI" George moved that
the rules be further waived and that the Ordinanoe be plaoed
upon its passage. The motion was seconded by P~. Meeker
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and on roll call vot~ the ayes were Cork, George, Ferguson
and Meeker. Nay: Winston. Thereupon the Ordinanoe was read
in full and upon roll call the ayes were Cork, George, Meeker
and Ferguson. Nay: Winston. The Ordinance was passed
ti tIe as stated and ordered "'ecorded in the Ordinance Book and
numbered 116. A copy in full appears following these minutes.
Motion by Winston, seconded by Geor@e that bills be paid.
Motion by Meeker, seconded by George that meeting Adjourn.
At this time the newly elected city offioers came into the
Council room.
Clerk Johnson administered the oath of office to Fred H. Higby
as Mayor.
Mayor Higby administered the oath of office to Ellis Kons1er,
E. G. Winston and Ottis Sickler as Councilmen for two year
terms.
MaYQr Higby administered tho oath of offioe to Mrs. Riohard
B. Stanley as Tax assessor for a term of one year.
Maypr Higby stated that the first order of business for the
newly assembled oounci1 was the nomination and election of
a Chairman or President.
Mr. Winston Nominated Mr. Arthur George as President of the
Counoil. Mr. Meeker moved that the nominations be closed and
that Mr. George be unanamously elected. The motion was seoonded
by Mr. Konsler and upoj being put to a vote was una~mousl'l
carried. rfuereupon the clerk oast one ballot for the eleot10n
of Arthur George as President of the Counc~l.
Council President George took the chair and stated that the next
order of'business was the nomination and election of a vice
ohairman, or vice, President of the council.
Mr. Kons1er nominated Mr. 'Don Meeker as vice president of the
Council. Mr. Sickler moved that the nominations be closed
and that Mr. Meeker be unanamous1y eleoted. The motion was
seoonded by Mr'. Winston and upoj being put to a vote was
unanamoas1y carried. FT.hereupon the olerk oast one ballot
for the e1eotion of Don Meeker as Vive President of the Council.
At this point in the meeting Mrs. Frierson asked, and was given
permission, to take piotures of the oity officers.
Council President George called for an executive session:
EXECUTIVE SESSION:
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Motion by Winston, seconded by Siokler, that Albert Johnson be
employed as clerk at a salary of $325.00 monthly. Carried.
Motion by Meeker, seconded by Kons1er, that A. L. Sheldon
be employed as oity Supt. at a salary of 60.00 weekly. Carried.
Motion by Kons1er, seconded by Winston, that Irving Morse be
retained as City attorney at a salary of $50.00 monthly. Carried.
Motion by Winston, seoonded by KOnsler, that F. S. Bliven be ,
appointed as municipal judge at a salary of 25.00 monthly. Carri~n
Motion by Winston, seconded by Meeker, that W. H. McQuistion
be engaged as custodian of the community building at a sa~ary of
25.00 per month. Carried.
Motion by Kons1er, seconded by Siokler, that A. L. Sheldon be
appointed Fire Chief at a monthly salary of 40.00. Carried.
Motion by Sickler, seconded by Meeker, that J. B. Fullwood be
employed as 24 hour fireman at a salary' of 175.00 per month;
plus an apartment and utilities. Carried.
Council President George asked Mayor Higby for his recommendations
regarding the Police force.
Mayor Higby mado certain reconnnendations.
Motion by Meeker, seconded by Sickler, that the recommendations
of Mayor Higby be carried out and that C. W. Brooks be engaged
as city Marshall at a salary of 225.00 per month, and that
Chas. Clark be engaged as patrolman at a salary' of 200.00 per
month. Motion carried.
Mayor Higby read an application from Mr. Cash for employment
on the police department.
Mr. Wi ston recommended that the application of Mr. Cash be
tabled until the next meeting and that the l~yor investigate
the matter thoroughly in the meantime.
Motion by Winston, seconded by ~at the salary' of
the tax Assessor be set a 500.00 per year. Carried.
Motion by Sickler, seconded by Winston, that the salary of the
city Treasurer be set a 50.00 per year. Motion carried.
Motion by Meeker, seconded by Winston, that Sheppard and
Sheppard be enggged as city auditors for 1953, in accordance with
their letter dated December 24th., 1952. Carried.
Motion by Sickler, seconded by Konsler, that the hourly rate
to be paid to truck drivers and laborers continue at the present
rate. Motion carried.
Supt. Sheldon reported a serious condition on temporary' route
"50" at the intereection of DaSota and 7th. Streets.
Clerk Johnson was instructed to contact Mr. Mims of the Road
department and indeavor to have the street repaired by the state.
Mr. Sheldon reported on the new well and stated that the water
was ample and had passed all health department inspections, but
that the operation in connection with the other part of the water
system was not satisfactory'. I~ further read a letter from Mr.
William Crowe; setting forth several recommendations which must
necessarly be car.ried out before the system would ope>>ate
properly.
Clerk Johnson was instruoted to write to Mr. Crowe and request
that he be present at the next regular council meeting.
Motion by Meeke~, seconded by Sickler, that hT. Louis Woodruff
be allowed one "Reservedtl parking spaoe in front of his building
on 7th. street, between Montrose and DaSota. Motion carried.
Cl.r~ Johnson read a letter from the Cooper Memorial Library,
wherein a report was given and funds were asked.
Motion by Meeker, seconded by Winston, that the clerk issue
a check to Cooper Memorial Library' fo~ the amount allowed them
in the fiscal Budget. Motion carried.
Cl rk Johnson submitted a bill for services from Black
Laboratories. Motion by Meeker, seconded by Konsler,~at the matter
be tabled until after Mr. Crowe appeared before the counoil
as reqne8ted in . previous motion. Motion carried.
Clerk Johnson informed the oounoil that oertain authorizations
had been extended him h7 previous oouncils and asked if these
authorizations were to be continued.
Motion by Meeker, seconded by Konsl~r, that the clerk be
authorized to pay all payroll and sa~"pense8 with out
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Special, or further, authorization of the council. Carried.
Motion by Winston, 'seconded by Meeker, that Clerk JOhnson
be empowered to transfer the necessary funds from the 9 mill
fund to the general fund, as needed, with out Special', or further,
authorization of the council. Motion carried.
Motion by Meeker, seconded by Winston, that clerk JohnsOn
be authorized to purchase city of Clermont Bonds at par, or
less; when funds were available in the interest an~ sinking fund
for such purch~ses, without Special, .or further authoriz~tion
of the counc-il. rJotion carried.
Motion by Winston, seconded by Sickler, that clerk Johnson
be authorized to sell city ovmed'lots at prices previously
established by the council without Special, .or further,
authorization of the council. rlotion carried.
Council President George appointed C+erk Johnson and
Councilmen Meeker and Sickler as a comm~ttee to dispose of
the 1938 Dodge coupe owned by the city. The price was
set at 250.00, and clerk Johnson was instructed to advertise
such offer in the local paper.
Clerk Johnson informed the council that two pe~sonal property
tax assessments for 1952 were apparently in error.
Motion by Meeker, seconded by Winston, that tax statement
#1581, in an amount of $7.74 be struck from the roll as same
had ~een assessed through error. Motion carried.
Motion by Meeker, seconded by Winston, that tax statement
#1515, in an amount of 4.74 be struck from the roll as same
had been assesse~ through error. Motion aarried.
Motuon by Meeker; seconded by Winston, that meeting adjourn.
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lrFthur ~o~e ,/.l:'res 1aent
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Bills Payable
December 31, 1952
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American Oil Company
Orange State Oil Company
Florida Power Corp.
Badger Meter Co.,
Florida Telephone Corp.
Achords Garage
Stokes & Fields
Judy's Station
Western Auto Store
Clermont Radio
Brodie-Edwards
Carroll Electric Co.,
Seavers Garage
Brantly Electric
C"lermon t Hardware Co. ,
South r~ke Publishers
Orlando Office Supply
Fin1eys Municipal
Sun Chevrolet Co.,
Sanger Builders Supply:
Ferguson Furnitire Co.,
Hill Top Booknook
O. J{. Ice Co.,
Industrial Supply Co.,
Lake County Credit Bureau
Fla. League of Munic.
Jolms- Mansvi11e
~Vhir1er-G1ide Mower
Wolfe & Kens ler
William Lee
Fire Calls 8:
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124.28
150~34
503.25
66~15
20.59
46.61
200;00
5.63
12.50
9.34
21.00
4.07
1.00
21.58
26.91
7g~27
~6;35
65.85
15.77
2.64
9.10
1.90
5.00
219.64
7.00
. 65~OO
1,951;56
19~32
18.57
20;00
22;00
~ 3~'125.97
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AN ORDINMCE PEHMANENrLY CLOSING AND VPCATIt13
FROM THE MAP JUNIATA STREET WEST OF TWELfiH STREET;
A 15 Foor ALLEY RUNNI~ EAST l\f\.'D WEST IN BLOCK 11,
SUNNYSIDE UNIT. CLERMONl' HEIGlTS; AND LAKE DRIVE
EAST OF BLeCKS 46 AND 47 AND WEST OF THE NIESNE HIGI-
Lo.N WATER 'tARK OF CHYST AL lAKE I SOOTH OF THE SCXJI'H
RIGHT OF V,AY LINE OF DESorO STREET .I\ND NORTH OF THE
NORTH nleHI' .oF ','iAY LINE OF BROOME STREET; ALL ACCOOD-
ING TO THE' OFFICIAL flAP OF THE CITY OF CLEl1MONT FILED
FEBr~UAnY 4, 1926, AiJD RECORDED IN PU.T BOOK 8,PAGES
17 TO 23, IlCLUSIVE. PUBLIC RECORDS OF LAKE COJNTY.
FLOHIDA; PROVli..lING FOR THE REVERSION OF SAID 1J\NDS
TO niE ABlJrTING PROPERTY QWNEHS; PROVIDIOO Fal
C1fHFR i.1I\TTERS HI:: LAT It--G n ir:RETO.
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WHEREAS, the state Road Depa::tment of the state of Florida
has re-located State Road 50 within the territorial boundarips
of the City of Clermont, Lake County, Florida, and has constructed
a portion of sa:ne ;Ve st of Twelfth Street and through a portion of
the North Half of Block 138 and through Lot 6 of Block 139, accord-
ing to the Official :.iap of the city of Clermont duly filed and
recorded on February 4, 1926, in the public records of Lake County,
Florida, diagonally across Juniata Street and in the construction
and re-location through said area herein descxibed has made a
deep cut whereby Juniata Street West of Twelfth Street is no
longer usable as a public street ox highway within the City of
Clermont and can be of no benefit to the traveling public or
those living vdthin the City of Clermont and said lands lying
in Block 139 and North of Juniata Street and any westward ex-
tension thereof are owned by F. B. F;oe, Charles B. Roe, and Marian
MCAdams, and the lands in Block l~8 and West thereof and South of
Juniata Street and any extension thexeof are owned by l~xene Wil-
Banks and W. H. Wilbanks, Sr., and that they have reQuested the
City of Clermont to permanently close Juniata street West of
Twelfth street; and
WHEREAS, in Block 11 of Sunnyside Unit, Clermont Heights, a
subdivision of the Cit.y of Clezmont according to the Official Plat
thereof and according to the Official Map of the City of Clermont,
both of which are duly filed and recorded in the public records of
Lake County, Florida, there has been pxovided a fifteen (15) foot
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alley run~ing East and West directly South of ~ot6 10 to ~4,
inclusive, and directly North of Lots 15 to 22, inclusive, in
said Block 11, which lots are owned by Harold F. Har.wl, and that
the balance of the property o\~ers in said Block 11, particularly
those owning Lots 3 and 4 of Block 12, according to the map of
the Townsite of Clermont and accoxding to said Official rAap of
the City of CI~rmont hereinabove referred to have no use for said
alley and do not re(~ire same for ingress and egress to their
respective parcels of property and have requested the City of
Clermont to close said allC?y and to vacutc Se,me on the plats or
map herein described~ and
lNHEREAS, Lake Drive axound Crystal Lake as represented on
the Official ,1i]p of the City of Clermont duly filed and xecorded
in the public records of Lake County, Florida, lying South of the
South right of way line of DeSoto Street and Noxth of the North
right of way line of Hroome Street and East ~)f Blocks 46 and 47
according to said plat and West of the mesne high-low vmtcr mark
of Crystal Lake is not needed by the traveling public as a high-
way or street nor is it needed by the owners of the S~ of Lots 1
to 6, inclusive, of said Block 47, and is not needed by the ownezs
of Lots 1, 2, 3 and 4 of Block 46 for ingress and egress to their
respective properties and have asked that said described portion
of Lake Drive be permanently closeci and vacated from the plat,
and that there is not sufficient land as represented on the plat
for the construction of said Lake Drive if same wcye to be con-
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structed without expensive fill, and that said lands lying East
of Blocks 46 and 47 and V}est of the high-low "'later mark of Crystal
Lake are now owned by the City of Clermont in accordance \nth
Chapter 22,236, Laws of Floxida of 1943; and
~HEREAS, after due considexation the City Council of the
City of Clermont has deemed it to the best interests of the City
and the abutting property ovmers that the streets or alleys here-
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inabove described be permanently closed and that said streets
or alleys bE permanently vacated on the respective plats herein-
before described and that the lands embraced within the boundaries
or rights of vmy of the respective streets or alleys hereinabove
described which have been requested to be closed by the abutting
property owners should revert to and become the property in fee
simple of the abutting property owners in proportion to the o\~er-
ship of the respective lands abut"ting on said streets OJ: alleys and
that they should have full possession and control of theu portion
of said streets or alleys and that same should become in all in-
tents and purposes a part of their respective pzoperty the same
as if same had never been included within the boundaries or rights
of way of the respective streets or alleys hereinabove described,
and,
hfiEREAS, the above described streets or alleys in the fore-
going paragraphs have in accordance with the laws of the state of
Florida been designated on said respective plats er maps as streets
or alleys and same being an offer of dedication for said respective
streets or alleys and the City of Clermont by and through its
governing body and officers of the city of Clermont have never
opened, maintained or in any way improved said streets or alleys
for the use of the general traveling public or those ~roperty
owners owning lands abutting and adjacent to said stretts or
alleys;
BE IT ORDAINED BY THE CITY CaJtCIL OF THE C.i:TV OF CLEHl,1()Jl.IT I
FLORIDA I
Section I: That Juniata Stref:t fJest of TV.re1.fth Street as
represented on the Official ~~p of the City of Clermont duly filed
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for record on 4 February 1926 and recorded in Plat Book 8, pages
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17 to 23, incl1lsivc, pu~l ic records of Lake County, Florida, be
and the same is hereby forever closed as a street in the City of
Clermont and that saio street is hereby permanently vacated and
cancelled on said Official ;;~p; and that the North half of said
.Juniata Street lying Lest of Twelfth street is hereby declared to
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be reverted to and the property of the owners of Lot 6, Block
139, who are F. B. Roe, Charles B. Roe, and Marian MCAdams, and
that from this date on they are hereby placed in full possession,
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control and ovmership of said property with the right to sell,
mortgage, lease or otherwise dispose of said premises the same
as if they could had they originally owned said lands and it had
not been dedicated as a street to the pUblic and as represented
on said Official Map; and that the South half of Juniata street
lying West of Twelfth strp.et is hereby declared to he reverted to
and the property of the owners of Dlock 138, '.mo are Maxone Wil-
banks and W. H. Wilbanks, Sr., and that from this date on they axe
hereby placed in full possession, control and own€rship of said
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property with the right to sell, mortgage, lease ox otherwise dis-
pose of said premises the same as if they could had they originally
owned said lands and it had not been dedicated as a street to the
public and as represented on said Official ;,mp;
Section 2~ That the fifteen (15) f00t alley loc~ted in
Block 11, Sunnyside Unit, Clermont Heights, according to the plat
thereof duly filed and recorded in the public records of Lake
County, Florida, and according to the Official Map of the city of
Clermont filed for record on 4 February 1926 ~nd recorded in Plat
.
Book 8, pages 17 to 23, inclusive, public records of Lake County,
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Florida, and being located directly South of J~ts 10 to 14, in-
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elusive, and directly North of Lots 15 to 22, inclusive, in said
Block 11, be and the same is hereby declared to be reverted to and
the property of the owners of Lots 16 to 14, inclusive, and Lots
15 to 22, inclusive, in Block 11, \'.;ho is Harold F. Hamel and that
from this date on he is hereby placed in full possession, cont%ol
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and ownership of said property with the right to sell, mortgage,
lease or otherwise dispose of said premises the same as if they
could had they originally owned said lands and it had not been dedi-
cated as a street to the public and as xepresented on said Official
Map.
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Section 3: That Lake Drive around Crystal Lake lying
South of the South boundary of DeSoto Street and North of the
North boundaxy of Broome Streot and ;'cst of the ~es~e high-low
water mark of CZystal Lake, and East of Lots 1 to 6, inclusive,
.
Block 47, and Lots 1 to 4, inclusive, nlock 48, be 3nd the same
is hexeby declared to be revcxted to and the property of the owners
of Lots 1 to 6, inclusive, Block 47, and Lots I to 0, inclusive;
and that portion of the street vlithin the above described boundaries
lying East of Lots 1, 2 and 3, Rlock 47, Is hereby declaxed to be
revexted to and become the pxoperty of the ovmers of ~aid Lots I
to 3, inclusive, to-wit: HcxbC'xt F. Bailey t}nd ,.:ife, Laula M.
Bailey; and that Lots 4, 5 and 6 less the West 65 feet, Dlock 47,
is hereby declaxcd to be :reverted to and heco:-,1C the ~Jroperty of
the owners the xeof, to-wit: Hichard E. Harris ant: \.'Jife, Audzey
M. Harris; and that Lot 1 and that fractional l"Dxt of Lot 2 of
Block 46,described as:Begin at NrJ coxnex of Lot 1, run South to
SW corner of Lot 2, thence North 770331, East to East line of
Block 46, north"~stcrly along East line of Block 46 to NE corner
of Lot 1, West to point of beginning, is hcxcby declared to be
reverted to and become the property of Arthur L. George and wife,
Josephine E. George; and that all of Lots 3 and 4 and all of Lot 2
less the following described parcel of property: Begin at NW corner
of Lot 1, run South to SW corner of Lot 2, thence North 770331, East
to East line of Block 46, nozthwes.l.;erly along Eant line of Block
46 to NE corner of Lot 1, ','lest to point of beginning, of said Block
46 is hereby declared to ba reverted to and ber-amp. the property of
Robert L. Attkisson and wife, Kathryn Attki~~on; und that from this
date on all of the above OV.1-,ers ore hereby placed in full possezsion,
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control and ovmership of sdid property with the right to sell, mort-
gage, lease or otherwise dispose of said premises the same as if
they could had they originally owned said lands and it had not been
dedicated as a stre~t to the public and as represented on said
Official ~tap.
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Sec~ion 4t Th~t a cextified copy of this ordinance be
filed of record in the ~ublic xecoxds of Lake County, Floxlda,
and that the City of Clermont by and through its A~yor and City
Clerk do convey to the owners of the property adjoining those
stxeets and alleys hereinabove declaxed to be closed and vacated
on the plat at their earliest convenience by quit claim deed and
that the Tax Assessor of the City of Clermont do, beginning with
January I, 1953, asse~s said property to the ovmers or their
successors in title.
Section 5: That this ordinance shall take effect lm:nediately
upon its passage and ap9roval by the Mayor in acco:r:dc:lllce with the
Cha:r:tcx of the city of Clermont and the laws of the state of Florida.
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PASSED by the City Council of the City of Clexmont at its
Regula.r ;'.teeting held on January 6, 1953.
President of City Council
Attest:
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RECEIVED AND Al'PHOVEO by me, tds January 6, 1953.
Mayor
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