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04-07-1925 Regular Meeting .- ~ . /'1 . .~, If ! ..1' MINUTES OF THE REGULAR MEETING OF"'THE CITY' COUNClJIL Cry I- OF CLERMONT HELD AT 8 O'clock, Apl"il 7th,. .1925. . _~.-J :.., Meeting called to o~der by the President,H. C. Brown. Roll Call by the Clerk- Present:Andy Aasheim. Ieam Bal~kburB, Wm. Bess And C.E.Tabor,councilmeD~B.W.Wait ,Atty and W.N.McKimmey, Mayor, and Stella Thompson, Clerk. . Mr. R.P.HamlfJ.,Atty., of TavaBea,who had been asked to give legal advi~, in regard to relocating Chestnut discussed the questio. at len~and then gave the following written summary: Tavares, Florida, April 7th, 1925. H. C, Brown, Pres. City Council, Clermont, Fla. Dear Sir: PUl"suant to your letter of March 27,1925,I have considered the question of the right of the City of Clermont to establIsh permanently a location ~or Chestnut St. West of Seventh Street.I. considering the propositotas of fact involved I am assuming that the statements in your letter can be substantiated ~ competent t testimony. I havo'also examined the various maps and ~lats referred to in your letter ., the same appear of record in the office of the Clerk of the Circuit Court for our County,tosether with the sketches submitted wit~ tho letter. With reference to relocating Chesnut Streot so t~at its center line. will be the, section line between Sections Twenty-tour (24) arid Twenty-five (25), Township 2wenty-two (22) South,Range Twenty-six (260East, 'as shown upon the official plat of the town filed in Plat. Book 3, on page 5 of the public records of Lake county,Florida, I am of'the opinion that the town is estopped tram re~asserting any ri~~ts in this loaation because it has apparently acquiesced'1n tho adverse possession exercised by the owners 'of the property lying between Chestnut Street and Highland Ave. If my conclusion is correct,the town,in th e event it'wishes to re-assert its ri~~ts in this location will be forced to compensate these property owners for whatever improve- 'ments have been place upon thia location which was origiBally ev~ently intended for street purposes. . With reference to the public user of that part of'the property in question which lies directly South of Chesnut st. as shown on the.offi4ial plat,oven if it can be assumed'that such user inul"es to the "benefit of the town as a JRUmllcip~lity,. the extent of the r1gh~-ot-way so acquired by prescription is limited"to the portion which has actually been used by thepublic. Of'course,lt ~is readily apparent that such a right-of -way as may have been acquired in this instance is not BufficieDt width to serve the purposes of the city, for a permanent street. of the oPini~~:t~~trt~C~;ae~h~oC~~t~~il~sc~~~t~ute~t~~;~h~~:r.ot ' Seventh street it will be necessary for the Town Council to acquire a right~of-way,either by condemnation proceedings or otherwise, upon such location as. the 'Town Council may select. . For your iDformation I am returning herewith sketched which you submitted but am keeping your letter for my files. Yours very truly, Signed: R.P.Hamlin. ,~ ~ R.P.H.-L.H. After discussion at length the Council unamiousl~ voted to nave nothing further to do with re-locating Chestnut st. ~ess the property ovnaers interested gave Quit Claim Deeds to the C1ty, for the land where they want;~ the streeto Mr. Blackburn of Park Com. reported an offer on the fence which has' been removed from Kehlor Park,of $83.00. Offer not approved inasmuch as the City may have need of said fence if any arrangements can be made with the Cemetery Assn. for the City to take over the CemetJery. Mr. Tabor reported that the ~ommitte on streets had investigated the street sweeper Mr. Scott,of the Clermont Motor Co. ,had fOl" sale ~'... and that they were satisfied that the sweeper weald be satiSfactory.,.., Mr. Scott then save the Following offer to the Ci)y: Clermont, Florida,' April '7th, 1925. Mayor and City Council, City of Clermont, Clermont, Fla. Gentlemen: We herewith wish to submit our bid on ono Whithead and Kales street Sweeper with Fordson Tractor complete for the sum ot $1100.00 delivered in Clermont. Hoping to receive your valued order and that wo may be of much service to you, we bog to remain' Yours ver'y tl"Uly f Clermont Motor Cmp4ny By H.R. Scott. Mr. Scott further stated that the terms of payment would be easy After discussion it was a~"eed that the offer was satisfactory but several of the councilmen doubted if the city needed a sweeper at the present time and upon a motion and carried the President was authorized to appoint a committee to investigate the immediate need of a Sweeper and if they found it necessary to make the purchase The Clermont Motor Company be as~ed to give a demonstration of their equipment. President referred the matter to Committee on Streets. . ' , Mr. Aashetm~ as Chairman on utiiities Com., wa s asked to inves- tigate the titreet light situation and to have mODe installed where needed. Candle power and number of lights put in left to his discretion. Mr. Blackburn~of Park Com, asked for an appropriation of funds to be used on Park improvement. to be used on Koehlor and Spar~- ling Waterj Parks. Upon motion made and carried $300 00 was allowed from the General Fund. Mr. Aasheim reported that tho committee appointed to investigate the financ~ng of the La~e-Southeastern Proposal for a grave] wall well found that tunds were available but surgested that inasmuch as the project would mean an expenditure-of about $11,000.00 that decision be deferred by the Council and that tho Public be acquainted of the facts of the proposal made by Layne- Sotheastern Co.th1"ough the Clel~ont Press and be requested to giv~ their opinion on same. A motion was made to this effect and Ca.rried. Com. appointed to ascertain the cost of hav~ng public drinking founta~n.repaired reported that 'Mr. Todd ~ave them a figure of about $30.00. Upon motion the com. was ordered to havofountain repaired. Clerk reported that a Note-of $1500.0b ag~inst theSidewalJ . ~~~n~~t1~~em~deA~~alc~;~!~a2theIP~~~}i~~~i}~J~ir~t!~~s~Owas ordered pa.id and the following Resolution adopted: ~ ..,. Minutes Apr~7th'#3- ..... -- .or .Apl~i1 6,19~p . to" Whf)l"eaS~ 1. t,: is "no'cess::i.l"Y: to'.~l"enow.,-loan .he Id"b;[" the' 'First ~'" St~te B!!\.nk,ol" Clel"mont,a.~~inst t:he Citv of..C1ermont,F101''ida,tor $1500.00, due April 6th,1925, NOW THBftBFOftD,Be it resolved,That the Mayor and President of the City Council be empowered to renew said loan for a pe~iiod of 90 days at the rate of 8% per annurn,payab1e semi-annually. ~.... ~ ATTEST: . stella Thompson. . City Clel"k, Signed: W,N.McKinner Mayor City of Clermont. H.C,Brown: Pres. City Council/ A motion made to i.~;.i pay the Clermont Band the sum of $40 from the Publicity FUnd for the purchase of a now drum was seconded and' carried. , Clerk read'letter of First Natioaal Bank in' which they requested an answer to their letter of Jan.6,1925. Chairman ot Finance Committee agreed to get the committee together a.nd an&wer same. Chairman on Ordinance Com. was 'requested to prepare-an Ordin~nce ~rohibiting all slot'mavh1nes and gambling devices *0 be usod wi hin the.city limits ,and to submit same at the next meeting 0 the Counci~. The following General Fund. bills were approved and ordered paid: s~ec. Paving :/1:3 Clermon Press '56.00 T.C.Smyth 12.50 1funson & Bess 8.70 D .i,_.L'Ic Clelland B;:1. Uai t Stella Thompson S.S.Fesler Clermont Press L~~e County Tel Co. Clermont Furniture Co C.C.Cash Dock Jones Henderson Ames Co Munson & Bess Street Fund. J.~.Hinson & Co. A.E.lsaac Clermont Mtr. Co. A.L.Cashwell Rel41.lILnce Garage Electric Fund. Florida Public Service Water F1i1.nd. ~' .,.,. Florida Public Servo Co. Clermont Hdw. Co. o K Ice Company L.F.Cox Mueller Company Cain-O'Berry Boiler Co. Publicity Fund Clermont Band $125.00 25.00 47.66 12.50 8.90 2.50 60.00 8.40 7.50 6.45 .90 Sidewalk Fund. First State Bank ~~0.00 48.45 6.15 e.17 15.75 10.28 104.41 108.12 101.32 7.50 112.00 163.40 198.87 15.99 The following resolution waS unanimously adopted: .~ ~ ~, ., RES 0 L UTI 0 N . Rli:80LVED, ThE:,t A. P. Gioson, uity Engineer, prepal'e ,. c-", or c~uSe to be prepared plans und specifications for grading, constructing c'nti pavin~ DeSoto Street from its intersection ~ith Seventh Street to its intersection with West Avenue, forty- four feet in w~dth; Eighth Street from its i~mersection ~ith ~ontrose Street to its intersect ion t~ith Oent e1' Lake Boulevard, forty-four feet inwi~th; ~est Avenue fr~ill its intersection with Montrose Street to its intersection 'with DeSoto Street, forty-four ' feGt ih.wicltl1; Oenter Lake Boulevard, thirty-six feet in ~idth; Anderson Street from its inmersection with the Lake Sho::' e Drive around Lc~ke IJIinneheha to Highle.nd avenue, twenty-four feet in width; Bowman Street from :ita, .d.b..taxsaoti'on vd th liinnehaha Avenue to its interseotion with Highland Avenue, twenty~four feet ~n width; A lmond Street from its intersection \7itl1 BOmilE:.n street to its intersect:on r.ith Anderson Street, twenty-four feet in width; Laurel &tree~ from its intersection from Bowman Street tb its int~rseotio.l uith Sunnyside Drive, twenty-four feet ~n width; Hibiscus Street from its inters~otion uith Sunnyside Drive to its intersection with Highle.l1~'. .Avenue, twenty-four feet inuidth; Sunnyside Drive arounu Lake SWlnyside, twenty-four feet in width; Pine Street fro~:its intersection with Minnehaha Avenue to Lts intersection with Sunnyside Drive, t~enty-four feet inwidth; Seminole Street from e, point 250 feet east of Fifth Street to its interseoti on \",i th Eo,st .hvenue, twenty- four feet in width;' . \ ", " .. ,tI -.. ... .... Holly Street from its interseotion with Ms.gnolia Street to its intersecticn with Chestnut Street, twenty-four feet inwidth; Linden Sjreet fro~ its intersection with Thir& Street to its intersectian with ~ast Avenue, twenty-four feet in width; Linden Street from its intersection with Seventh Street to its intersectio:'l v.ri th L<.:.ke Avenue, twenty- four feet in width; ~ Chestnut Street from its intersection with Fifth Street to its intersection with East Avenue, twenty- four feet in width; Lake Shore Drive along the edge of L&ke Wenonah from its intersection VIi th Leke .ll.venue to its intersection r;i th Semi-noLe Street, twenty-four feet in \7idth; r \- , ./ Montrose Street fmm its intersection wi to j'ourth Street to its intersection with Third Street, twenty-four feett in width; Thixd Street from it~ interseotion, with Bontrose Street to its intersection with Osceola Stteet; twenty-four feet in width; , DeSoto Street from its intersection with West Avenue to its lntersection with Tenth Street, twenty-four feet in width; Knapp Street from its intersection with Minnehaha Avenue to its intersection with Lake Minnehaha Drive, twenty-four feet.inwidth; Twelfth Street from its intersection with Montrose ?Street to its intersection with ~innehaha Avenue, Twenty-four feet in width; Fourth Street from its .intersection with Chestnut Street to its intersection with Minnehaha Avenue, twen- ty-four fect in width; Ryan Street fxm its interseotion with Chestnut Street to its intersection with Seminole Street, twenty-four feet inwidth; Second Stret fro~ its intersectio~ with Uhestnum Street to its intersection with. Broome Street, twenty- four feet in width; Broome Street fran its interseotion with Sec~nd Stre~ to its intersection with East.Avenue, twenty-four feet in width; Highland Avenue from its intersection with East Avenue to its intercection with Anderson Street, twenty-four feet'inwidth; Highland Avenue from its intersection with Seventh Street to its interseotion with Eighth Street, twenty-four feet in width; ~ Chestnut Street from its intersection with Seventh Street to its intersection with Eighth Street, twenty- four feet in width; Chestnut Street from its intersection with Tenth Street ~ to its intersection with Twelfth.Street, twenty-efour feet in width; Second Streat from its intersection with Minnehaha Ave- nue to its intersection with Ea.st Avenlle, Twenty-four fe,~.t in width; , First Street fram itsintersection with Minnehah4 Avenue to its intersection with Lake Minnehaha Drive, twenty- four feet in width; Eighth Street fr em its interseotion with Canter Lake.. Bouldvard to itsintersection with Chestnut Street, twenty-four feet in width; Drew Street .from its intersection with Minnehaha Avenue to its interseo~ion with Lake Minnehaha Drive, twenty-four feet in width; Eleventh Street from its intersection with Montrose , Street to its intersection with Minneola Avenue, Twenty- four feet inwidth; Tenth Street from its intersection with DeSoto Street -4Jjj '-'.' -~"....... " \ -"'............. - to its intersection with Chestnut Stree~,twmty-four feet inwidth; Juniata Street from its intersection witq Center Lake Boulevard to its intersection with Seventh Street, Twenty-four feet inwidth; Juniata Street fran its intersection with Lake Avenue to its intersection with Crys~al Lake Drive, twenty-four feet in width; Broome Street fxm its intersection with Center Lake Drive to its intersection with Seventh Street, twenty~ four feet in width; Osceola Street f~m its intersectia1with East Aienue to its intersection with Drew Street, twenty-four feet inwid th; Third Street from its intersection with Minnehaha Ave- nue to its intersection with'Lake Minnehaha Drive, twenty-four feet in width; Minnehaha Avenue from its intersection withBowman Street to the eastern Oity Limits, twen~y-four feet in width; Bowman Street from its intersection with Minnehaha Avemue to its intersection with Lake Minnehaha Drive, concrete cUrb fir x 12". East Aven~e from its intersection with Minnehaha Avenue to its intersection with Orange Avenue, two 18 foot driveways with 10 foot parkway in center. Widen ~ighth Streetfrom its intersecticm witp Minneola Av.enue to Lake Minneola Dr~ve from' ~hirty-six feet to forty-four feet. . ' Widen Monjxnse Street from its intersection with Seventh Street to its intersection with Eighth Street, ft~m thirty- six feet to forty-four feet, concrete. Widen Minneola Avenue from its interSection with Seventh Street to its intersectio!with Eighth Street, from twenty- four feet feet to forty-four feet. Widen Seventh Street from its intersection with Montrose Street to its intersection with DeSoto Street, fram twenty-four feet to fortyfuur feet. With lime rock base and bituminous wearing surface, together with concrete curb and gutter on all of said streets and avenues, together with estimates of the cost of the propoaed improvements, which said plans, specifications and estimated cost sheets shall be placed on file with the Oity Olerk and shall be open to the inspection of the public. Passed and adopted by the City Council of the City of Olermont, at a regula.r meet:i,.ng held on this 7th day of April" A.D. 19S5>. Attest:~~ ity Ie . President, City Oounil. .~"; \ Received and approved this 7th day of April, A.D. 1925. -.-:-- - ~ , Mayor, Oity of Olermont. . Heeting adjourned subject to call ch! the. President. Approved: Attest: Pres, Ci t~r Council. ~4~~ ti;y e~. ) JJ .,