MINUTES OF SPECIAL MEETING OF BOARD OF COUNTY COMMISSIONERS
on monday – august 25, 1961
The Board of County Commissioners met in adjourned meeting in the County Commissioners’ room in the Courthouse at Tavares on Friday, August 25, 1961 at 9:30 o’clock a.m. with the following present: Chairman Theus, Commissioners Dykes, Simpson and Babb; also Clerk Owens and Attorney Duncan. (Commr. Cowart was absent.)
The meeting was called to order by prayer by Chairman Theus.
Also present at this meeting were: Mr. Tom Sawyer, Mr. Marvin Boykin, Mr. Milton F. Flynn, Mr. George Guerry and Mrs. Evena Ogden, representing subdivision owners, and Mr. Paul Reed, Tax Collector.
The meeting was turned over to Mr. Duncan who stated he had been to Volusia and Orange Counties to check with them on problems such as these in our County. He had secured a copy of Resolution adopted in Orange County and has prepared a similar Resolution for Lake County.
After discussion on this Resolution motion was made by Mr. Babb seconded by Mr. Dykes and carried, that the Resolution with the following changes be adopted:
Page 2, Item 8, second line – “from roadside face of curb to roadside face of curb” changed to “between outside of curb to outside of curb.”
Page 3, in first line – word “designated” changed to “approved.”
Page 3, Item 9 – second line – “County Engineer” changed to County Engineering Dept.”
Page 4, last paragraph, third line, the word “of” to be inserted before “which.”
R E S O L U T I O N
WHEREAS, the Board of County Commissioners of Lake County, Florida, has, from time to time, been requested by owners of residential and business properties, to commit Lake County for the future maintenance of Subdivision streets (the word “streets” shall be construed to include boulevards, avenues, parkways, roads, alleys and any other designated highway), and drainage systems (the words “drainage systems” shall be construed to include curb and gutter construction, outfall ditches, culverts, conduits, catch basin, drainage easements, and any other structure incidental and necessary for drainage purposes); and
WHEREAS, in many instances, it has developed that certain of the “Streets” and “drainage systems” have not been constructed in accordance with specifications acceptable to the Board of County Commissioners and proper provision has not been made for drainage in such areas and the surrounding territory, when necessary, and
WHEREAS, it has been determined to be for the best interests of Lake County and its citizens that the promulgation of uniform specifications and regulations setting for the requirements covering the constructions of “Streets” and drainage systems” for future maintenance, as a prerequisite of this Board’s accepting the same, in order that uniformity will exist; and that such “streets” and “drainage systems” will be so constructed as to minimize the cost of maintenance by the County when completed;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that the maintenance of “streets” and “drainage systems” heretofore constructed, or to be constructed, in any development in Lake County, will not be accepted for future maintenance by the County, nor will the County commit itself to so accept the same, except such subdivisions as have heretofore been accepted, unless the following conditions, or the conditions applicable to the particular subdivision or development, are fully complied with by the owner, or owners, of the property thereof:
1. In the case of a new development, the Clerk of the Board of County Commissioners shall be notified by the owner (the word “owner” shall include both singular and plural) of the intention to request maintenance of a development and the said owner shall present a plat of said property for recording. If the property to be included in the development is shown on an existing subdivision plat previously recorded, the County Engineering Department shall be notified prior to the commencement of any development of “streets” and “drainage systems.”
2. The owner of the property in a subdivision shall deliver to the County Engineering Department for its prior approval, a complete topographical map showing not less than one foot contours and showing the height of the subdivision above the mean high water level if said property abuts or is near any natural water reservoirs or water systems, and the ground water level under said subdivision. Such levels, if feasible, shall be based upon U. S. Coast and Godetic Date, not only to the area to be subdivided, but on adjacent lands for orderly final disposal of drainage water; and shall also deliver an exact plan of the “streets” to be paved, the suggested grade of such pavement, its type and width, with details showing complete and final disposal of all drainage from said “streets;” that is to say, whether into “drainage systems,” or into previously constructed County or State road ditches.
3. The rights of way of “streets” shall be cleared for their full width, and upon completion, left in a clean and neat condition; and, if required, to prevent erosion or excessive washing, said areas abutting the “streets” and “drainage systems” are to be sprigged with grass or other protective measures taken, as required by the County Engineering Department.
4. All drainage easements which shall be necessary or required shall be furnished at no expense to the County.
5. The owner shall give the County Engineering Department at least one week’s notice before the commencement of any construction.
6. Lake County shall have the right to have an inspector on the project when deemed necessary, during the construction period and said inspector shall be authorized to enforce the construction of said work in accordance with the plans and specifications covering the same; said inspector shall be furnished with a complete set of plans and specifications for this purpose. If any change is required in said plans during the period of such construction, such changes must first be approved by the County Engineering Department.
7. The property owners shall have available, when necessary, a qualified Engineer or Assistant, for the purpose of setting all line and grade stakes when required by the contractor or inspector.
8. Any pavement hereafter constructed shall be not less than twenty-four (24) feet between outside of curb to outside of curb.
9. Except as hereinafter specified, the pavement of “streets” shall be of a type approved by the State Road Department for secondary roads and approved by the County Engineering Department. The specifications of secondary roads are set forth in a Booklet issued by the State Road Department, filed with this Resolution, and made a part hereof by reference. (Booklet filed in drawer with other papers.)
10. Any curb to be constructed shall be one of the following types, and shall be constructed of Class A concrete:
A. Combination curb and gutter.
B. Combinations sloped curb and gutter sloped curb.
11. Catch basins and drop inlets shall be constructed of either Class A concrete or brick.
12. All required drainage pipe to go under the pavement, shall be reinforced bell and concrete, or such type and standard of pipe approved by the State Road Department in its secondary road specifications.
13. All construction shall be in accordance with specifications included in the Road Department Booklet on secondary roads above referred to, or as they shall be amended. The owner shall furnish a Bond in a sum to be fixed by this Board and approved by the Clerk of the Board, conditioned upon the replacement of any paving or other structures which may, within a period of one year, prove defective due to faulty materials or poor workmanship, or shall prove not to have been constructed in accordance with these regulations and specifications.
14. Maintenance will not be finally accepted by the County until all work is fully completed from right of way line to right of way line, and approved and certified by the County Engineering Department to the Board.
15. Any “streets” and “drainage systems” which have been constructed prior to the adoption of this Resolution, or which may hereafter be constructed, before any application for maintenance by the County shall have been made in subdivisions located without the municipalities of Lake County, may be accepted for maintenance provided such pavement and structures are in accordance with the State Road specifications above referred to, and the County Engineering Department shall certify to the Board of County Commissioners that such structures are in accordance with such specifications, and are in an acceptable condition at the time application for maintenance is made; provided, however, that the owner representing not less than seventy percent (70%) of the properties fronting on such “streets” shall indemnify the Board of County Commissioners and shall continue such indemnification by the Bond in an amount to be fixed by the Board, which indemnification shall extend from the time maintenance is accepted, until July 1963; provided such indemnification shall, in any event, extend for a period of not less than one year; and thereafter such indemnification shall extend for a period of one year from the time maintenance is accepted.
BE IT FURTHER RESOLVED by the Board of County Commissioners of Lake County, Florida, that in the event any subdivision, or any part thereof, the “streets” and the “drainage systems” of which have been accepted by the County for maintenance, shall be included within any municipal limits, whether by Act of the Legislature, or by Petition as provided by the Laws of Florida, the Resolution or Agreement, agreeing to maintenance the same, shall cease and become null and void.
maintenance of streets in spring lake manor subdivision
Motion by Commr. Dykes seconded by Commr. Babb and duly carried, the following Resolution was adopted:
WHEREAS, the owners of the properties and lots located with the Subdivision known as Spring Lake Manor Subdivision have completed the paving and construction of all of the designated streets, avenues and other public highways and drainage system located within said subdivision to specifications equal to or better than State Road Department specifications for Secondary Roads; and
WHEREAS, the further development of said subdivision is dependent in part upon the acceptance and maintenance of said streets, avenues and public highways and drainage system by Lake County, since said subdivision is not located within any municipality of Lake County; and
WHEREAS, Lake County, on the 25th day of August, 1961 adopted a Resolution providing for the requirements for the pavement and construction of streets, avenues and other public highways and drainage systems in subdivisions in Lake County before the County will agree to accept the same as public highways and assume maintenance thereof; and
WHEREAS, the owners of the properties and roads in Spring Lake Manor Subdivision have submitted to the Board of County Commissioners evidence from a certified engineer, approved by the County Engineering Department, showing that the streets, avenues and other public highways and drainage system within said subdivision have been paved and constructed to specifications equal to or better than specifications required by the State Road Department for Secondary Highways and have submitted and filed with the Board of County Commissioners a Bond executed by the owners and construction company which paved the streets and which warrants for a period of one year that said streets have been paved and said drainage system constructed in accordance with the provisions above set forth, and providing for the maintenance thereof, and the replacement of any paving which may appear defective, at their own cost and expense. And said owners and Construction Company have further covenanted with the Board of County Commissioners that such warranty and such obligation shall continue until the first day of July, 1963.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that Lake County takes over the maintenance of the streets, avenues and other public highways and drainage system in Spring Lake Manor Subdivision as shown by the Plat thereof, filed and recorded in the public records of Lake County, Florida, as of the first day of July 1963, at which time the Bond warranting the pavement in said streets and the covenant on the part of the owners of the lots in said subdivision shall cease.
FOLLOWING FILED WITH THE BOARD RE; SPrING LAKE MANOR SUBDIVISION
Letter from C. P. Goodson, County Engineer
Letter from Orange State Engineers, Inc.
Letter from Milton F. Flynn
Maintenance Bond signed by Boykin Construction Company and The Fidelity & Casualty Co. of NY.
General Power of Attorney.
resurfacing strip of road between u.s. 441 and old eustis-mount dora road
Motion by Commr. Simpson seconded by Commr. Dykes, and duly carried, that District 4 be authorized to purchase road material at 65˘ per yard to resurface 320 feet, more or less, of road between U.S. 441 and old Eustis-Mount Dora Road (Country Club Road).
There being no further business, the meeting adjourned.
/s/ Frank E. Owens___ /s/ Cecil C. Theus______________