MINUTES OF adjourned MEETING OF THE BOARD OF COUNTY commissioners
thursday – march 12, 1959
The Board of County Commissioners met in regular session in the County Commissioners’ room in the Courthouse at Tavares on Thursday, March 12, 1959, at 1:00 p.m. for the purpose of reviewing the Resolutions for Primary and Secondary Roads and reviewing the Resolution of Houston-Texas Gas and Oil Corporation, and such other matters as may be brought before the Board, with the following present: Chairman Simpson; Commissioners Theus, Cowart, Hooten and Cross; Attorney Duncan; and Clerk Owens.
The Board was called to order by Chairman Simpson.
At this time, Mr. B. S. Burton, Foreman of the Grand Jury, was present and read a copy of an Executive Order of Governor Collins, which he received this date; WHEREUPON, on a motion by Commr. Theus, seconded by Commr. Cross and carried, the Executive Order was ordered incorporated in the Minutes as follows:
State of Florida Executive Department, Tallahassee
WHEREAS, it has been officially brought to my attention that Jack Hooten, also known as J. H. Hooten, County Commissioner representing District No. 3 of Lake County, Florida, was on the 26th day of February 1959 indicted by the Grand Jury of Lake County for violation of certain of the provisions of Chapter 839, Florida Statutes, as will more fully appear from the copy of the indictment attached hereto; and
WHEREAS, the said offense for which he has been indicted, if true, would constitute malfeasance in office and otherwise render him incompetent to further do and perform the acts and things required of him as County Commissioner of the aforesaid District; and
WHEREAS, because of the aforesaid pending indictment (and without prejudgment of guilt), the said Jack Hooten is found to be incompetent to carry out his duties as County Commissioner aforesaid.
NOW, THEREFORE, I, Leroy Collins, as Governor of Florida, by virtue of the power and authority vested in me by Section 15 of Article IV of the Constitution of the State of Florida have suspended and do hereby suspend the said Jack Hooten as County Commissioner, District No. 3, Lake County, and the said Jack Hooten is hereby prohibited from performing the duties or exercising the function of said office during the period of said suspension.
IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Florida to be affixed at Tallahassee, the Capital, this 11th day of March, A.D., 1959.
Leroy Collins, Governor
R. A. Gray Secretary of State
Mr. Welborn Daniel introduced Mr. Ralph G. Bishop, the newly appointed County Commissioner. Mr. Bishop left at this time to get his bond executed.
Mr. Gordon Oldham, Jr. appeared before the Board and read the Resolution regarding the Houston-Texas Gas and Oil Corporation, which he and Mr. Duncan had prepared. After discussion of the resolution, Mr. Duncan announced that he and Mr. Goodson, County Engineer, recommend that the resolution be adopted; WHEREUPON, on a motion by Commr. Cross, seconded by Commr. Theus and carried, the following resolution was adopted:
BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that Houston Texas Gas and Oil Corporation, a Delaware corporation, its successors and assigns, be hereby given and granted a permit granting the rights to construct, reconstruct, engage, maintain and operate natural gas pipelines, hereinafter called Facility, together with the necessary appurtenances under, on, across, and along all County roads, streets, highways, and road and drainage easements, subject to the following conditions:
1. The location and construction shall be subject to the approval of the County Engineers based upon submitted plans and specifications. Access to private property such as private driveways, walkways, roads, lanes, or other facilities which give access from private property to any County roads shall remain open for the use of the owner provided that temporary entrance shall be provided as may be required during the installation of the Licensee’s Facility only by approval of the owner so involved. The Licensee shall clear the right of way of all debris resulting from the exercise of this Permit. In the event the Licensee shall fail, neglect, or refuse to repair and reconstruct said damages or injury to said highway immediately, the same may be done by Lake County, and the expense and cost thereof shall immediately be repaid by the Licensee to the County.
2. The Licensee shall prevent the creation of any obstructions or conditions which are or may become dangerous to the traveling public.
3. The Licensee shall repair any damage or injuries to roads, streets, highways, and easements occasioned by reason of the exercise promptly restoring the same to a condition at least equal to that which existed immediately prior to the infliction of such damage or injury.
4. The Licensee shall hold the Board of County Commissioners of Lake County, Florida, and the members thereof harmless from the payment of any compensation or damages resulting from the exercise of the privileges of this Resolution.
5. The Licensee shall comply with those reasonably necessary rules and regulations promulgated for the protection of the County and public by the Board of County Commissioners of Lake County, Florida, enacted both before and after the granting of the privileges herein. The permit for the provisions thereof shall be subjected to any laws hereafter enacted by the Legislature of the State of Florida and of the Congress of the United States of America.
6. Whenever necessary in the opinion of the Board of County Commissioners for the construction, widening, repair, improvement, alternation or relocation of all or any portion of said highway or highways as determined by the Board of County Commissioners, the facility and the appurtenances thereto as authorized hereunder shall be immediately removed from said highway or reset or relocated thereon as required by the Board of County Commissioners and at the expense of the holder, PROVIDED, HOWEVER, in the event the relocation or removal of the pipeline facility constructed pursuant thereto should be required by reason of the construction of the Federal Interstate System of Highways under such circumstances as to bring such removal or relocation within the coverage of Section III of the Federal Aid Highway Act of 1956, being Public Law 726 of the 84th Congress, any amendment or reenactment thereof, providing for the payment of the cost of such removal or relocation from public funds; then, in such event, Houston Texas Gas and Oil Corporation or its assigns upon complying with all terms and conditions of the law and of rules and regulations adopted pursuant thereto, shall be entitled to receive reimbursement of the cost of such removal or relocation of such pipeline facility.
7. The license herein granted is not exclusive in that the Licensor has and shall have the right to grant additional licenses and privileges to others for the use of said roads, pursuant to the Statutes of the State of Florida.
8. The license herein granted shall be co-extensive with the use of the pipeline or pipelines to be installed, maintained, and operated pursuant thereto, provided that if the Licensee shall cease operations of said line or lines for a period of one year, this license shall terminate.
9. This license shall terminate in the event any road or highway crossed or along which the line or lines may be laid, shall be closed, abandoned, vacated, discontinued, or reconstructed.
10. The Licensee shall file a written acceptance of the terms of this Resolution within thirty (30) days with the Board of County Commissioners stating that it will comply with the conditions stated herein.
11. The failure of the Licensee to file a written acceptance within thirty (30) days as provided for above, shall render this Resolution null and void and of no legal effect.
12. In the event of any breach of the conditions and requirements herein made or failure on the part of the Licensee to proceed with due diligence and good faith, after its acceptance with construction work hereunder or the enactment by the Legislature of the State of Florida of any franchise laws which shall subject this permit to cancellation, the Board of County Commissioners may terminate this permit for good cause shown after a hearing before the Board of County Commissioners of Lake County of which said hearing the holder shall be given at least ten (10) days written notice, if at that time the Licensee is a resident and doing business in the State of Florida, otherwise by publishing a notice of said hearing once a week for two (2) consecutive weeks in a newspaper of general circulation in Lake County, Florida, the last publication to be at least ten (10) days before the date of said hearing; PROVIDED, in the event of such termination the Licensee shall have the right and privilege to remove, at its sole cost and expense, its natural gas pipeline or pipelines from the County property; PROVIDED FURTHER that in effecting such removal, it will fully comply with the requirements hereof to repair any damage or injury to the County roads, streets, highways, and easements.
13. No assignment, transfer, or pledge by said Licensee of the rights granted hereunder to any mortgagee or mortgage trustee shall obligate such mortgagee or mortgage trustee to perform any obligation contained herein prior to the enforcement of any such deed of trust and mortgage, but the Licensee shall remain obligated to perform the terms and conditions hereof.
14. Licensee shall file with the Board of County Commissioners a bond in the sum of $5,000 with good and sufficient surety conditioned to install said utility lines and drainage structures and do all incidental work in connection therewith and to repair any damage or injuries to the road, streets, highways, and easements occasioned by reason of the exercise of privileges granted by this Resolution and to repair said roads, streets, and easements, promptly restoring the same to a condition at least equal to that which existed immediately prior to the infliction of such damage or injury.
DONE this 12th day of March, A. D. 1959.
(Attested by Clerk and affixed Official Seal)
Clerk Owens read a letter from SRD relative to Project, Job No. 11090-3501, SR 561, from 12th Street (SR S561A) in Clermont northeasterly around Lake Minneola and along Main Street in Minneola to SR 25. Secondary Road bids to be received on the 24th day of March, 1959.
Clerk Owens filed the following on Job 11681-2601; SR S-565A: Department Resolution, County Commissioners Resolution, and Right of Way Contract (SRD No. 1) in quadruplicate with original, sepia and 5 prints of the map of survey and location.
On a motion by Commr. Cowart, seconded by Commr. Cross and carried, the following resolution was adopted.
WHEREAS, the State Road Department of Florida has authorized and requested Lake County to furnish the necessary rights of way, borrow pits, and easements for that portion of Section 11681, State Road S-565A, extending from State Road 33 easterly, northerly, westerly, and northerly to State Road 50 in Section 20, Township 22 South, Range 25 East, which has been surveyed and located by the State Road Department as shown by a map on file in the office of the Clerk of the Circuit Court of said County and in the office of the said Department at Tallahassee, and
WHEREAS, the said Department will not begin construction of said portion of said Section in said County until title to all land necessary for said portion of said Section has been conveyed to or vested in said State by said County, and said lands are physically cleared of all occupants, tenants, fences, buildings and/or other structures and improvements upon encroaching within the limits of the land required for said portion of said Section; and
WHEREAS, the said County is financially unable at this time to provide the necessary funds to acquire said rights of way, borrow pits, and easements; now, therefore, be it
RESOLVED that the State Road Department of Florida be, and it is hereby requested to pay for the rights of way, borrow pits, and easements for said road, including the removal of buildings, fences, and other structures and improvements thereon and for other expenses of acquiring title to said rights of way, borrow pits, and easements by purchase or condemnation from such funds and under such conditions as are set out in the contract hereto attached; and be it further
RESOLVED that said County, through its Board of County Commissioners comply with the request of said Department and procure, convey, or vest in said State the free, clear, and unencumbered title to all lands necessary for said portion of said Section and deliver to the State Road Department said lands physically clear of all occupants, tenants, fences, buildings and/or other structures and improvements situate upon or encroaching within the limits of the lands required for said portion of said Section and that the Chairman and Clerk of this Board be, and they are hereby authorized and directed to execute and deliver on behalf of said County to said Department the Contract in the form hereto attached; and be it further
RESOLVED that the attorney for this Board be, and he is hereby authorized and directed to proceed to take the necessary steps for the County to acquire in the name of said County by donation, purchase, or condemnation said rights of way, borrow pits, and easements for said portion of said Section and to prepare in the name of said County by its County Commissioners all condemnation papers, affidavits and pleadings and prosecute all condemnation proceedings to judgment; and furnish to the Department the abstract search provided for in said Contract.
On a motion by Commr. Cowart, seconded by Commr. Theus and carried the following resolution was adopted:
WHEREAS, the Board of County Commissioners did advertise for the purchase of a record-keeping machine for use in the County Judge’s Office of Lake County, Florida, which advertisement appeared in the Tavares Lake County Citizen, a newspaper of general circulation in Lake County, Florida, the 13th and 20th days of February, 1959, and
WHEREAS, bids were received from the National Cash Register Company and Burroughs Corporation offering to sell record-keeping machines, the lower bid having been submitted by Burroughs Corporation; and
WHEREAS, after consideration of the bids and the services offered by said Corporations and in consideration of the repair service available to said machines, it was determined that the machine of the National Cash Register Company was the better machine suitable to the purposes needed by the County Judge’s Office;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that subject to the Notice of Purchase and the bids submitted for a record-keeping machine for the Probate Office of Lake County, Florida, in consideration of the obligation of the National Cash Register Company to install the machine and also to furnish qualified personnel for the training of operators in the County Judge’s Office and the transfer of the records of the County Judge’s Office from the old system to the new system, which services are deemed to offset the difference in price; the offer to sell of the National Cash Register Company of the record-keeping machine for the County Judge’s Office be, and the same is hereby accepted in accordance with said offer; and that the Clerk of the Court be, and he is hereby authorized to pay to the National Cash Register Company the sum of $5,670 in accordance with said bid.
/s/ Frank E. Owens /s/ O. M. Simpson