12-18-1951 Regular Meeting
ADJOURNED MEETING
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The adjeurned meeting ef the city council was held at the
City Hall, Tuesday, December 18, 1951~ at 7:30.P.,M.
The meeting was called te order by President E~ G. Winst~n
with the fellewing members being present: Cerk, FergusGn
and McQuistien. Otliers being present were Mayer Nagel;
City atterney Merse; Police Chief BroeKs, Fire Chief Sheldon
Fereman Fu~lwood and Mr. Arthur George.
The minutes .f the regular meeting held December 4th., and
the specflal meetings held Dec. 10 and Were read and
appreved as read.
Mr. McQuistion: Ne repert.
M.ti@n by Cerk, secended by Fergusen, that Mr. Arthur Geerge
be appointed te cemplete the unexpired term of Curtis Reed
as Councilman. .Meti0n Carried and Mr. George duly seated
as a c~unc.iJJnan.
Mr. Ferguson: Ne re~ort.
Mr. Cork: Ne repert.
MaY$r Nagel repe~ted as f@ll.ws:
A letter frem P,fr. David Beyd-Smith was read by Mr. Nagel, wherein ;:...
Beyd-Smith called the Mayers attention to the fact that Mr.
M. Stock was c0ntemplating erecting an additienal hGuse en his
preperty en Minnehaha and Anders@n streets. Mr. B@yd-Smith
called Mr. Nagels attentien t@ the probability of the pr~perty
in questien having sufficient square f@E>tage te accomidate twe
heuses and comply with the building and zoning ordinances. Mr.
Boyd-Smith turther\stated that he, and ethers in that neighb@rheed
serieusly ebjected to the building of the additienal house
en the locatien c@ntemplated.
Mr. Nagel further reperted that he had been unable te secure
the necessary wire fer the deg p0und at this date, that he had
net made any pr0gress in regard te clesing the BrGnson, Gr Kern,
apartment h@use, and that not actien had been taken regarding
bu~1ness firms operating without eccupatienal licenses.
Mr. Nagel stated that he wished it to be a matter of rec@rd .
that Mr. ~as. Poole desired to purchase lets 11 & 12, B1GCK 108,
Indian Hills, as seon as said lets were @ffered fer sale by the
city.
The police situatienwas discussed, and Mr. Nagel stated that
he intended engaging another PQlice officer as seon as lOne could
be lecated, previded that such applicant met with the apprQval-
ef Mr. Ralph Harper, Mayer elect.
Clerk Jehnson called the councils attent1cn te several apparent
errers in the tax rell.
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.hid.em. By C6.L.h.L.. t1""G~!l~ed. -b) Fer~..",u, "L.a.~ 'Ene-p~rs~ua.l priperty __
tAX e.f Th:..nlol iI'e Sti.l~eft ll, B 1;rll~h :118m "'he ~e 3:3: as !lame ds
&esesi:itld 'tnrough ep1"sr. Qr-"'. v.l:".
MetiGn by George, secended b.y Cerk, that the personal preperty
tax ef A. R. Sandlin be struck frem the rell as same was
.assessed threugh errer. Carried.
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Motien by Geerge, secended by'McQuistion, that the clerk
be authorized, and instructed, to extend the 2~ discount
peried en tax payments threugh December 16, 1951, due to
the city having been fifteen days late in mailing the tax
statements. Carried.
Metion by Cork, seconded ~ Fergtisen, that Clerk Jehnsen
be instructed te transfer $5,025.00 from the interest
and sinking fund to the Bend Ceupon acceunt. Carried.
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Motien by Cerk, secGnded by Ferguson, that whereas the
valuatien ef $200.00 placed en the S7' af lot 5, Block 3;
R1veria Heights appears Gut ef line with other property
in that neighborhoed; that said valuation en said let
be reduced to $50.00. Motion carried.
Motion by Cork, seconded by FergusG>n that the fellew1ng
Bills be paid: ClermGnt Builders. Supply Cempany, 4l8~02;
Elliott Construction Cempany 70.00, G.'E. Halstead 812.79,
and C. R. She'ley and advance of $100.00 fer surveying. '
Meti€>n carried.
Meti0n bybCerk, secended by FergusQn, that all hourly
wage earners emp10yed "by the city be given a Christmas
present of $5.00 each. Carried.
Motien bt Cerk, seconded by GeQrge that the cemetary lots
in the"new part ef the colered cemetary be effered fer. sale
at $20.00 each, plus the cost of deeds, recording fees,
stamps andsoferth, and that such lets be sa1d fer cash
en1y. It being understoed, however, that half or quarter
lots may be se1d. Carried.
MetiGm by Cerk, sec0nded by FergusGln, ~hat Ordinance
number be amended te a1lew the Caunci1 to grant
special permission fer the use of Parathion when it deems
necessary, provided application fer its use is made to
the council in writting and further rpevided that the user
agrees te assume all responsibilities, and te relieve .
the city from all ebligations 10 c0nnection with its use.
Meti0n Carried.
Metien by George, seconded by Ferguson, that the written
request frem D. A. Gaines, fer pe~ssien to use Parathion
spray en his grave west ef 12th street, and Nerth of the Jess~
Whitney property, be granted, aha that Mr. Gaines be a11mved
to use Parathion en said greve, previded that ~~~ Gaines
assume full re~ponsibility for its u~e. Car~ied.
Metion by Cerk, seconded by Fergusen, .that the City install
a fire hydran~ at the corner Q~ Minnehaha and Bl$xom streets;
and that the clerk be instructed te erder tw~ addtional
fire hydrants. Metien carried.
Attorney Merse read a letter fram himself to the city council,
wherein the fe11ew1ng decree ef the ceunt appeared:
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(a) That Donald Meeker, having received a majority of the
v.tes cast in the general election held en Doc. 11, was
duly elected to the office af city councilman and was
qualified to assume that affice en Jan. 1, 1951.
(b) Arthur 1. George was ineligible as a canidate and
therefore was net elected and as he'was appointed by the .
city council within six months prior to the general e1ectien~
his term af office weuld expire on December 31, 1951.
(c) That W. H. McQuistion, whe received the third largest
number .of votes, was n0t elected to the council and he is te
continue in office as a city councilman until his successer
is du~ elected and qualif~d at a special election to be h~ld
for the purpose of electing his successor.
Motion by Cork, secended by Ferguson, that Donald Meeker
be declared elected to the city osunci1, and that,W. H.
McQuistien continue in office until his successer is elected
and qualified, and that the letter trom Attorney Morse be
attached te these minutes. Carried.
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Metien by Cork, seconded by George that meeting adjeurn.
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I:R'V"I:N"G F. MO:RSE
ATTORNEY AT LAW
CLER~~NT, FLORIDA
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December 18, 1951
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Mr. E. G. Winston, President
City Council
Clermont, Florida
Dear Sir:
Pursuant to you and the council,ls instructions, a petition
for a declaratory judgment was filed in the Circuit Court of the
Fifth Judicial Circuit as of, this date for the purpose of deter-
mining if Donald M. Meeker was duly elected to the City Council
at the general election on December 11th; also as to the status
of Mr. W. H. McQuistion who received the third highest number of
votes and if the ballot or the election was invalid because of an
ineligible candidate being included in the ballot~
This petition was argued by Mr. Cork representing MI. Meeker
and myself as attorney representing the May~r and members of the
City Council and W. H. McQuistion as intervening defendant, and it
was decreed by the court as follows:
(a) That Donald M. Meeker, having received a majority of the
votes cast in the general election held on December 11th, was duly
elected to the office of city councilman and was qualified to assume
the', duties of that office on January 1, 1952.
(b) That Arthur L. George was ineligible as a candidate and
therefore was not elected and as he was appointed by the City Council
within six months prior to the general election, his term of office
would expire on December 31, 1951.
(c) That W. H. McQuistion, who received the third largest number
of votes, was not elected to the City Council and he is to continue
in office as a city councilman until his successor is duly elected
and qualified at a special election to be held for the purpose of
electing his successor.
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MI. E. G. Winston
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Therefore, in accordance with the ruling of the court I
have changed ~he Mayorls Proclamation to proclaim a special election
for. the elect~on of o~e city councilman on February 4, 1952, and the
n~t~ce as to the op!n~ng of the reg~str~tion books in accordance with
t e Charter and o~d~nances of the c~ty will also be published..
Respectfully submdtted,
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ruYAtlorney
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