A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

MINUTES OF the regular MEETING OF BOARD OF COUNTY commissioners

monday – may 9, 1960

The Board of County Commissioners met in regular session in the County Commissioners room in the Courthouse at Tavares on Monday, May 9, 1960, with the following present: Chairman Cross; Commissioners Theus, Cowart, Bishop and Simpson; Attorney Duncan; and Clerk Owens.

Chairman Cross called the Board to order.

approval of minutes

On a motion by Commr. Simpson, seconded by Commr. Bishop and carried, the Minutes of the Regular meetings of April 4^th and 11^th were approved as read.

pauper list

On a motion by Commr. Theus, seconded by Commr. Simpson and carried, no changes were made in Districts 1, 2, 3, 4, and 5.

The bill of Orange State Engineers in the amount of $125 for the drainage ditch from Lake Harris south toward US Hwy 27 in District 2 was approved for payment on a motion by Commr. Cowart, seconded by Commr. Bishop and carried.

bids received for sale of houses on right of way on sr 500

Attorney Duncan announced he had as Attorney for the Board advertised the Notice in the Eustis Lake Region news for the sale of houses on the right of way on SR 500, which the Board has acquired either by deed or condemnation and has proof of publication. The Board has the right to reject any or all bids. The following bids were received:

CHARLES H. JENNINGS, Mount Dora

All cement block

Store building $30.00

House $25.00

Washroom & utility shed $10.00

Pier now under water $ 2.00

Boothe trucking office at

Triangle intersection of

Grove and Bay $30.00

C. M. TYRE BY S. G. TYRE, Eustis

House located on R/W SR 500

Left of Station 1499 $2,500.00

Chairman Cross stated he would like to appoint Commrs. Theus, Simpson, and Goodson to inspect the property and take the bids under advisement until after lunch.

On a motion by Commr. Cowart, seconded by Commr. Simpson and carried, the Board members are to look at the houses at noon today.

Mr. Holbrook of Minute Maid Corporation appeared before the Board and stated they are planning to build a warehouse in Leesburg and need parking space. Lake County owns six lots on the east side of the Minute Maid Plant, and Minute Maid owns property on US 441 which they would like to trade to Lake County for the six lots. Commr. Theus presented an appraisal of L. W. Huey, H. B. Harrell, Jr., and Ransford A. Potter on the Minute Maid property in the amount of $17,683 and on the Lake County property in the amount of $6,180. Commr. Theus stated he will pay no money for the exchange of the property. All he is interested in is an even trade. Mr. Holbrook said he will have to take this up with the officials of Minute Maid.

Warren Crane of Haines Creek appeared before the Board and objected to the resolution prohibiting the sale of beer on Sunday. The Board advised him that this action was taken, and it is countywide.

Mr. Sawyer of Orange State Engineers presented the Plat of Orange Blossom Hills South in Sections 6, 7, and 18 in Tp 18 SR 24 E, stating this subdivision was started several years ago and is west of Lady Lake on new US 27. Its boundaries are large enough to incorporate 3,335 homes, basing the figures on 75 by 125 feet home sites. Mr. Duncan stated he does not see any objection to the lots being less than building lots. They cannot without a lot of trouble comply with the Plat Law. Mr. Duncan stated further there is a mortgage on the property executed by the First National Bank of Leesburg as Trustee and no evidence that the streets have been released. They should secure from the Bank a release of the streets from the mortgage. A letter from the State Board of Health and the Title Opinion of John Cherry, Attorney, was presented to the Board.

On a motion by Commr. Theus, seconded by Commr. Cowart and carried, the Plat of Orange Blossom Hills South was accepted with the provision that C. E. Duncan, Attorney for the Board, secures a subordination of release of the mortgage on the public streets.

On a motion by Commr. Simpson, seconded by Commr. Theus and carried, Clerk Owens was authorized to issue a warrant in the amount of $1,816.62 to Fred Owles, Jr., Architect – payment in full for architectural fees regarding the Lake County Home for the Aged contract dated 5 May 1958.

Mr. Owens reported he had received $15.75 from L. J. Carroll who purchased the fruit on County property in Block 40, Tavares. Said amount was deposited to the General Fund.

Mr. Goodson, Zoning Director, gave a report on the Public Hearing on May 5^th and filed Applications with recommendations of the Lake County Zoning Commission; WHEREUPON, on a motion by Commr. Bishop, seconded by Commr. Theus and carried, the following resolution was adopted:

WHEREAS, the Lake County Zoning Commission on the 5^th day of May, 1960, after due notice of the hearing, reviewed applications for change of the zoning of certain areas in Lake County and did approve the changes as requested in said applications as hereinafter set forth; and the Board of County Commissioners of Lake County having reviewed the said applications and recommendations of the Lake County Zoning Commission;

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County that the Zoning Rules and Regulations of Lake County be altered and amended as they pertain to the following tracts of land:

A. Begin 669.9 feet North of the Southeast corner of Government Lot 10 in Section 26, Township 19 South, Range 26 East, run thence North to the Northeast corner of Government Lot 10; begin again at the point of beginning and run West 1320 feet to the West boundary of Government Lot 10, thence North to the Northwest corner of Government Lot 10, thence Northeasterly along the North boundary of said lot to intersect the first line, now classed as R-1-A, be, and the same is hereby amended, changed, and rezoned to a variance permitting lot sizes to be 65 feet by 110 feet minimum and permitting construction of residences with a minimum square foot living area of 860 square feet.

B. North Half of Government Lot 2 in Section 21, Township 17 South, Range 29 East, now classed as “A” (Agriculture) be, and the same is amended, changed, and rezoned to R-1 (Residential) including the Zoning Regulations applying to “trailer village.”

C. The South 500 feet of the North 600 feet of the Southwest Quarter of Section 35, Township 19 South, Range 26 East, lying West of “old State Road 19,” now classed as “R-1” (Residential) be, and the same is amended, changed, and rezoned as “C-1” (Commercial).

D. That part of the East Half of the Southwest Quarter of Section 23, Township 20 South, Range 26 East, lying West of the Apopka-Beauclaire Canal; also that part of the Northwest Quarter of Section 23, Township 20 South, Range 26 East, lying west of said canal, now classed as “A” (Agriculture), be, and the same is amended, changed, and rezoned as “R-2” (Residential).

E. Lots 1 to 14 inclusive in Block A, Lots 1 to 13 inclusive in Block B, according to the Plat of Crystal Cove, recorded in Plat Book 13, page 34, public records of Lake County, Florida; also that part of Government Lot 5, lying east of the County Road and south of Palatlakaha Creek, now classified as “A” (Agriculture) be, and the same is amended, changed, and rezoned as Class “R-1-A” (Residential), and further providing that the floor space of any residence in Block A shall be not less than 1,200 square feet, and the floor space in any residence constructed on Block B shall have a minimum of 1,000 square feet.

F. The West 294 feet of the Southeast Quarter of the Northeast Quarter and the Southwest Quarter of the Northeast Quarter, lying east of the Atlantic Coast Line Railroad right of way in Section 4, Township 19 South, Range 24 East, now classed as “C” (Commercial) be, and the same is amended, changed, and rezoned as Class “C-3” (Commercial).

G. That part of the Northeast Quarter of the Northwest Quarter of Section 30, Township 19 South, Range 25 East, lying north of the North boundary of the right of way of US Highway 441; also the South 250 feet of the East 500 feet of the Southeast Quarter of the Southeast Quarter of the Southwest Quarter of Section 19, Township 19 South, Range 25 East; Also that part of the Southwest Quarter of the Southeast Quarter of Section 19, Township 19 South, Range 25 East lying between the rights of way of the Atlantic Coast Line Railroad and said US Highway 441; Also that part of the Southeast Quarter of the southeast Quarter, and the Northeast Quarter of the Southeast Quarter of Section 19, Township 19 south, Range 25 East, lying between the rights of way of the Atlantic Coast Line Railroad and said US Highway 441; Also the East Half of the Northwest Quarter of the Southwest Quarter of Section 20, Township 19 South, Range 25 East, lying between Lake Griffin and the right of way boundary of US 441; Also that part of the Southwest Quarter of the Northwest Quarter of Section 20, Township 19 south, Range 25 East, lying between Lake Griffin and the boundary of the right of way of US Highway 441; Also that part of the Southeast Quarter of the Northwest Quarter of Section 20, Township 19 South, Range 25 East, lying between the boundaries of the Atlantic Coast Line Railroad and State Road 44; also the South Half of Northwest Quarter of Northeast Quarter of Section 20, Township 19 South, Range 25 East; Also that part of the Southwest Quarter of the Northeast Quarter of Section 20, Township 19 South, Range 25 East, lying between the rights of way of State Road 44 and the US Highway 441; also that part of the South Half of the Northeast Quarter of the Northeast Quarter of Section 20, Township 19 South, Range 25 East, lying North of US Highway 441.

All of the above properties lying North of US Highway 441.

A 300-foot band South of and along the right of way boundary of US Highway 441 commencing at the East City Limits of the City of Leesburg and extending to a point 450 feet East of the midsection line of Section 30, Township 19 South, Range 25 East; Also that part of the Southwest Quarter of the Southeast Quarter of Section 19, Township 19 South, Range 25 East, lying South of the boundary line of US Highway 441; Also that part of the Southeast Quarter of the Southeast Quarter of Section 19, Township 19 South, Range 25 East lying South of the boundary line of US Highway 441 and North of the County Road; Also the Northwest Quarter of the Southwest Quarter of Section 20, Township 19 South, Range 25 East; Also beginning at the Southwest corner of the Northeast Quarter of the Southwest Quarter of the Southwest Quarter of Section 20, Township 19 South, Range 25 East, run thence parallel to US Highway 441 to a point 350 feet South of the South right of way boundary of said road on the West line of the Southeast Quarter of the Northeast Quarter of Section 20, Township 19 South, Range 25 East, as the centerline for a 300-foot band along said highway, now classified as “R-1-A” (Residential), be, and the same is amended, reclassified, and rezoned as “C-2” (Commercial).

C. E. Duncan, Attorney for the Board, was instructed to request the State Road Department to amend the final budget, as they have left out the million dollars to be received from the sale of certificates against the secondary road bond fund.

Mr. Surguine of Orlando appeared before the Board regarding abandoning a certain right of way, a 30-foot strip of land separating Lake Highland tract. Commr. Bishop recommended that Mr. Surguine advertise the Petition to Close, and he said he would do this.

Albert L. Brown appeared before the Board and stated he has been negotiating with the Atlantic Coast Line to get a railroad crossing approximately 520 feet south of the beach crossing and has been advised to take this up with the Board. He was advised to bring all the papers to Mr. Duncan’s office. On a motion by Commr. Cowart, seconded by Commr. Simpson and carried, C. E. Duncan, Attorney for the Board, was instructed to contact the Atlantic Coast Line Company for permission to put in the railroad crossing.

recess and reassembly

The meeting adjourned for lunch and reconvened at 1:30 p.m.

The Board was called to order by Chairman Cross.

agreement

THIS AGREEMENT, made and entered into this 28^th day of March, 1960, by and between the Atlantic Coast Line Railroad Company, a corporation under the laws of the State of Virginia, hereinafter for convenience styled the Railroad Company, party of the first part, and Lake County, of the State of Florida, acting by and through its Board of County Commissioners hereinafter for convenience styled Licensee, part of the second part:

WITNESSETH, that the Railroad Company for and in consideration of One Dollar to it in hand paid by Licensee, the receipt whereof is hereby acknowledged and of the covenants and agreements to be kept and performed by Licensee as hereinafter expressed, hereby grants to Licensee the right or license of constructing and maintaining a highway or street crossing at grade across the right of way and track or tracks of the Railroad Company near Okahumpka, Florida, at a point 220 feet southeastwardly, measured along the center line of the Railroad Company’s main track, from mile post S-806; as shown in red on the blueprint attached hereto and made a part hereof; said right of way being 40 feet wide on each side of said center line.

(State Documentary Tax Stamps in the amount of 20 cents have been affixed to the original contract on file in the office of a Real Estate Agent at Wilmington, NC.)

AND Licensee hereby covenants and agrees in consideration of said license:

First: That said crossing shall be constructed and maintained at the cost and expense of Licensee but in a manner and of materials satisfactory to the Engineer Maintenance of Way of the Railroad Company and that all incidental expenses necessarily incurred in connection therewith shall be borne by Licensee, except, however, that the Railroad Company will at its expense construct and maintain the portion of said crossing between the rails of said track or tracks and for two feet on the outside of each rail thereof.

Second: That the Railroad Company shall have the right if it so desires to construct an additional track or tracks across the land covered by this license.

Third: That Licensee, for and in consideration of the privileges and benefits granted by the Railroad Company and benefits flowing therefrom unto Licensee, agrees to save harmless the Railroad Company, its successors and assigns, from any and all claims on account of personal injuries or damage to property of whatsoever nature arising during the construction or reconstruction of said crossing; and Licensee agrees to indemnify and save harmless the Railroad Company, its successors and assigns, from any and all damages that might occur to said Railroad Company on account of improper or faulty drainage at said crossing due to the construction or reconstruction thereof.

Fourth: That Licensee will, if required by the Engineer Maintenance of Way of the Railroad Company, furnish, place, and maintain at Licensee’s expense and in a manner and of materials satisfactory to said Engineer, sufficient drainage pipe under said crossing on each side of said track to take care of the drainage of the roadbed and/or right of way of the Railroad Company.

Fifth: It is understood and agreed that upon completion of said crossing, Licensee will at its sole cost and expense and in a manner satisfactory to said Engineer, abandon and remove from the Railroad Company’s right of way the old road crossing located 180 feet southeast of the one described herein, as shown in yellow on said blueprint.

This agreement cancels and supersedes the one dated October 9, 1954, between the Railroad Company herein and J. M. Pope, Jr. of Leesburg, Florida, covering the road crossing herein that is to be abandoned by Licensee.

It is further understood and agreed that this agreement shall not be binding until it has been ratified by a proper resolution of the Board of County Commissioners of said County, a certified copy of which resolution is attached hereto and made a part hereof.

In Witness Whereof the parties hereto have executed these presents in duplicate the day and year first above written.

Witnesses for Railroad Company: ATLANTIC COAST LINE RAILROAD CO.

A. T. Teacheny By: L. T. Andrews (SEAL)

S. F. Houck General Manager

Witnesses for Licensee: LAKE COUNTY, FLORIDA

F. W. Robertson By: Fred Cross (Official Seal)

Norma Coven Chairman, Board of County Commissioners

ATTEST: Frank E. Owens, Clerk

lake county home for the aged

On a motion by Commr. Theus, seconded by Commr. Bishop and carried, the estimate of Gregg, Gibson & Gregg, Contractors for a second draw on the construction of the Lake County Home for the Aged in the amount of $20,004.49 was approved for payment.

sr s-565-a, section 11681-2601

On a motion by Commr. Cowart, seconded by Commr. Bishop and carried, the bill of John S. Arnold in the amount of $1,350 for 54 days at $25 per day securing rights of way on SR S-565-A, Section 11681-2601, District 2, was approved for payment.

historical society building

Mr. Owens advised the Board that the first payment on the note on the Historical Home is due in the amount of $800 and $75 for interest, and the Historical Society has requested $1,200 at this time to pay for this and incidental expenses for the next few months. On a motion by Commr. Theus, seconded by Commr. Bishop and carried, a warrant was drawn to the Historical Society in the amount of $1,200 to take care of the payment on the note, interest, and incidental expenses.

request of juvenile court

Clerk Owens read a request of D. M. Pearce, Chief Counselor of the Lake County Juvenile Court for a short leave of absence for Miss Grace E. Keating, Secretary. On a motion by Commr. Theus, seconded by Commr. Bishop and carried, the Board approved the request of the Lake County Juvenile Court for a short leave of absence for Miss Grace E. Keating, Secretary, including two weeks’ vacation with pay.

Clerk Owens presented an estimate from the Lanier Company to P. H. Reed, Tax Collector, on a Thermo-Fax copying machine as follows:

New Machine model 220 $359.00

Less allowance old machine $100.00

Difference $259.00

On a motion by Commr. Bishop, seconded by Commr. Theus and carried, Paul H. Reed, Tax Collector, was authorized to purchase from the Lanier Company one new Thermo-Fax copying machine model 220 for the sum of $259, to be paid out of his excess fees.

A letter from the Board of County Commissioners, St. Johns County, was referred to Charles P. Goodson, County Engineer.

A letter from Shoup Voting Machine Corp. quoting a price per machine was read and filed.

Leslie Burdine, Insurance Agent, appeared before the Board re:

insurance program on county officials and employees

He stated the Enabling Act allows the Board to pay a portion of the premium at least. Attorney Duncan was furnished a book on this insurance to study. On a motion by Commr. Simpson, seconded by Commr. Bishop and carried, Attorney Duncan was instructed to take this matter up with the State Auditing Department and find out if they need to advertise for bids and also about the Enabling Act.

telegram from secretary of state

A telegram from the Secretary of State, Hon. R. A. Gray, was read by the Clerk as follows:

May 6, 1960 Tallahassee, Florida Hon. Frank E. Owens, Clerk

“Having received official notice from Judge Troy Hall of his resigning nomination County Judge under Section 100.111(6)(D) Florida Statutes, I am declaring qualifications for Democratic Nomination County Judge Lake County reopened as of twelve noon Friday, May sixth and to close twelve noon Wednesday, May eleventh.”

withdrawal from nomination for judge and other offices

Withdrawal from the nomination as the Democratic candidate for the office of Lake County Judge as of May 5, 1960, signed by W. Troy Hall, Jr. was read by Clerk Owens.

The copy of the receipt of the Board of County Commissioners by Frank E. Owens, Clerk, dated May 5, 1960, was filed as follows: “Received this date of Katherine L. Baker, Supervisor of Registration, copy of W. Troy Hall, Jr., withdrawal from the nomination as the Democratic candidate for the office of Lake County judge.”

A certificate of the Board of County Canvassers Democratic Primary Election held on the 3^rd day of May, 1960 was filed with the Board.

A Certificate of Voting Machine Preparation and Inspection signed by Katherine L. Baker, Supervisor of Registration, and David G. Heald, Voting Machine Deputy, was filed with the Board.

A letter from R. A. Gray, Secretary of State, stating he had a letter from Robert C. Johnson requesting that his name be withdrawn as a candidate for Republican National Committeeman was read and filed.

Letter from secretary of state re special acts

A letter from R. A. Gray, Secretary of State, regarding the 1959 Special Acts are ready for distribution. If the commissioners desire a set for each county official and will pay the carriage charges, which we estimate at $3.50, we will be glad to send them. On a motion by Commr. Simpson, seconded by Commr. Cowart and carried, Clerk Owens was authorized to order 11 (eleven) sets of the 1959 Special Acts for county officials.

state road department letter re state project sr s-33

The State Road Department letter regarding State Project, Job No. 11640-3601, SR S-33, Dixie Avenue in Leesburg between Canal Street and SR 500 at the east city limits – bids to be taken on May 26 - was read and filed.

report on road 500 through tavares

Clerk Owens asked for a report on Road 500 through Tavares, Job 11010. Discussion followed as to who has the maps, which were presented to the Board on April 4 and 11. Mr. Duncan stated he has received two letters from Rolph Davis, Board Member, and one stated he found a letter where Mr. Dial had agreed that there should be a municipal type of road through the City of Tavares. Mr. Duncan said a title search should be requested from the same Abstract Company that prepared the one from the Orange County line to the Dream Boat when the Board is ready to request same. Mr. Duncan was instructed to request a statement from the Road Board as to when they propose to construct the SR 500 from Dream Boat West.

On a motion by Commr. Theus, seconded by Commr. Cowart and carried, Clerk Owens was instructed to request a title search on Lake Unity County Road (66 feet).

air conditioning for juvenile detention shelter

Mr. Cross stated the Shelter should be air conditioned. Mr. Bishop stated that was supposed to be included in the package deal. On a motion by Commr. Bishop, seconded by Commr. Theus and carried, this matter is to be investigated and advertised for bids for air conditioning for the Juvenile Detention Shelter.

petition with proof of publication filed with board

The following petition with the Proof of Publication, was filed with the Board:

PETITION FOR CLOSING PLATTED STREETS OR AVENUES

TO: The Board of County Commissioners of Lake County, Florida:

Your Petitioners, Alfred W. Smith, Jr. and wife, Margaret W. Smith and L. P. Tichenor and wife Mary C. Tichenor, the owners of the property abutting the following described streets or avenues, hereby respectfully request and petition that the Board of County Commissioners of Lake County, Florida, renounce, quitclaim, and disclaim any right of the County of Lake and the public in and to the following described avenues or streets located in the map designated as the Map of Astatula, which Map is filed and recorded in the public records of Lake County, Florida, in Plat Book 1, page 12, and being more particularly described as follows:

1. That certain unnamed street or avenue lying between the south boundary of Tract 7, according to the Plat of Citrus Farms, which Plat is recorded in Plat Book 13, page 35, and a line extended westerly from the Southwest corner of Lot 14, Block F, according to the Map of Astatula recorded in Plat Book 1, page 12, public records of Lake County, Florida.

2. That portion of South Carolina Avenue lying between a line extended from the Southwest corner of Lot 10, Block F, to the Northwest corner of Lot 14, Block F, and that line extended from the Southeast corner of Lot 10, Block F, to the Northeast corner of Lot 14, Block F, all according to the Map of Astatula, which Plat is recorded in Plat Book 1, page 12, public records of Lake County, Florida.

3. That portion of New York Avenue lying between the following described lines: A line extended north from the Northwest corner of Lot 10, Block F, and a line extended north from the Northeast corner of said Lot 10, Block F, all according to the map of Astatula, which Plat is recorded in Plat Book 1, page 12, public records of Lake County, Florida.

4. That portion of Delaware Avenue, according to said Map of Astatula, lying east of the East boundary line of Citrus Farms, which Plat is recorded in Plat Book 13, page 35, public records of Lake County, Florida.

5. That portion of Alabama Avenue, according to the said Map of Astatula, lying east of the East boundary of Citrus Farms, which Plat is recorded in Plat Book 13, page 35, public records of Lake County, Florida.

6. Those portions of Alabama Avenue, according to the said Map of Astatula, east of the Eastern boundary of Citrus Farms, which Plat is recorded in Plat Book 13, page 35, public records of Lake County.

7. That certain unnamed street or avenue lying north of a line extended from the Southeast corner of Lot 7, Block F, to the Southwest corner of Lot 8, Block F, all according to said Map of Astatula.

8. That certain unnamed street or avenue lying north of a line extended from the Southeast corner of Lot 8, Block F, to the Southwest corner of that certain unnumbered lot lying directly east of said Lot 8, Block F, all according to said Map of Astatula.

9. That portion of New York Avenue lying between the East line of said Map of Astatula and a line extended south from the Southwest corner of an unnumbered lot lying east of Lot 8 in Block F of the said Map of Astatula to the Northwest corner of an unnumbered Lot lying east of Lot 12, in Block F of the said Map of Astatula.

10. That portion of South Carolina Avenue lying between the east line of the said Map of Astatula and a line extended south from the Southwest corner of an unnumbered lot lying east of Lot 12, Block F of the said Map of Astatula to the Northwest corner of an unnumbered lot lying east of Lot 16 in Block F in said Map of Astatula.

11. That certain unnamed street or avenue lying between a line extended from the Northeast corner of Lot 15 to the Northwest corner of Lot 16, Block F, and a line extended from the Southeast corner of Lot 15 to the Southwest corner of Lot 16, all according to said Map of Astatula.

12. That certain unnamed street or avenue lying between a line extended from the Northeast corner of Lot 16, Block F to the Northwest corner of that certain unnumbered lot in Block F lying directly east of said Lot 16, Block F, and a line extended from the Southeast corner of said Lot 16, Block F, to the Southwest corner of that certain unnumbered lot lying directly east of said Lot 16, all according to said Map of Astatula.

13. That portion of an unnamed street or avenue lying north of a line extended from the Southeast corner of Lot 6 in Block F to the Southwest corner of Lot 7, in block F, all according to said Map of Astatula.

And in support of said Petition, respectfully shows:

1. That Petitioners are all the owners of land adjoining, abutting, and affected by the streets and avenues hereinabove described.

2. That said streets and avenues are not included within any incorporated municipality of Lake County, Florida.

3. That said streets and avenues are not a part of any County, State, or Federal Highway.

4. That said streets and avenues have never been open to the general use of the public.

5. That the closing of said streets and avenues will not interfere with the road system and will not deprive any person owning property near or adjacent to said streets and avenues of any means of ingress or egress to any existing public highway.

6. That Petitioners have published a Notice of Intention to Close said Platted Streets and Avenues in the Tavares Lake County Citizen as required by law for the closing of streets and avenues and present with this Petition the Proof of Publication of said Notice.

RESPECTFULLY SUBMITTED, this 23^rd day of April, A. D. 1960.

(Alfred W. Smith, Margaret W. Smith, L. P. Tichenor, and Mary C. Tichenor)

STATE OF FLORIDA, COUNTY OF LAKE

BEFORE ME, the undersigned authority duly authorized to administer oaths and take acknowledgements in the State of Florida, personally appeared ALFRED W. SMITH JR. and Margaret W. Smith, his wife, both to me well known and known to me to be two of the persons who executed the foregoing Petition to Close Platted Streets and Avenues; and they acknowledged before me that they signed the same for the uses and purpose therein expressed.

WITNESS my hand and seal this 23 day of April, A. D. 1960, at Leesburg, in said county and state.

Evelyn S. Crabb – Notary Public

My Commission Expires 4-23-62

(Notarial Seal)

STATE OF FLORIDA, COUNTY OF LAKE

BEFORE ME, the undersigned authority duly authorized to administer oaths and take acknowledgements in the State of Florida, personally appeared L. P. TICHENOR and MARY TICHENOR, his wife, both to me well known and known to me to be two of the persons who executed the foregoing Petition to Close Platted Streets and Avenues; and they acknowledged before me that they signed the same for the uses and purpose therein expressed.

WITNESS my hand and seal this 23 day of April, A. D. 1960, at Leesburg, in said county and state.

Evelyn S. Crabb – Notary Public

My Commission Expires 4-23-62

(Notarial Seal)

On a motion by Commr. Bishop, seconded by Commr. Simpson and carried, the following resolution was adopted:

WHEREAS, ALFRED W. SMITH JR. and wife, MARGARET W. SMITH, and L. P. TICHENOR and wife, MARY C. TICHENOR, the owners of the land abutting the following described platted streets and avenues have presented to the Board of County Commissioners of Lake County, Florida, a Petition to Close certain platted streets and avenues in Lake County, Florida, as appear upon the Map of Astatula, which Map is filed and recorded in the public records of Lake County, Florida, in Plat Book 1, page 12, and more particularly described as follows:

7. That certain unnamed street or avenue lying north of a line extended from the Southeast corner of Lot 7, Block F, to the Southwest corner of Lot 8, Block F, all according to said Map of Astatula.

AND said PETITION is in proper order and form, and

WHEREAS, the said Board of County Commissioners has on this the 9^th day of May, 1960 at its regular meeting at 10 o’clock in the forenoon at its office in the Courthouse at Tavares, Lake County, Florida, considered the advisability of renouncing or disclaiming any right of Lake County and the public in and to the above-described platted streets and avenues and the advisability of vacating, abandoning, discontinuing and closing same; and a Notice of this meeting was published according to law in the “Tavares Lake County Citizen,” a newspaper of general circulation published in Tavares, Lake County, Florida, proper proof of the publication of which has been submitted to the Board of County Commissioners, and

WHEREAS, the Board has considered said application, and no objections have been made to the closing of said platted streets and avenues; and it appears to the Board that the continued dedication of said platted streets and avenues can serve no useful service to the public;

NOW, THEREFORE, be it resolved by the Board of County Commissioners of Lake County, Florida, that the platted streets and avenues hereinbefore more particularly described be henceforth closed, abandoned, discontinued and vacated and that the Board of County Commissioners, acting for Lake County and the public, does hereby renounce and disclaim any right, title, or interest in and to the said platted streets and avenues and that the title to said streets and avenues be vested in the adjoining property owners in accordance with law.

(ATTEST: Frank E. Owens, Clerk and Fred Cross, Chairman, Board of County Commissioners) (Official Seal)

check for pipe

A check from W. C. Stubble for pipe in the amount of $30.90 was filed by Commr. Simpson.

contract with pav-a-way

On a motion by Commr. Bishop, seconded by Commr. Simpson and carried, the Clerk and Chairman were authorized to execute the contract with PAV-A-WAY CORPORATION on Grove Street, Extension, Eustis.

health department arthropod control program report

The Lake County Health Department Arthropod Control Program Annual Report for 1959 was filed by Fred Tanner. He advised the Board they are running out of land for garbage disposal.

budget hearing

On a motion by Commr. Simpson, seconded by Commr. Theus and carried, June 15 was set for budget requests from the various officials to be presented to the Board.

Commr. Theus suggested that all bids on the houses on the SR 500 right of way be rejected and that they get a description of the property.

On a motion by Commr. Theus, seconded by Commr. Simpson and carried, the bids received on the houses on the SR 500 right of way were rejected and that Attorney Duncan was authorized to readvertise for bids to be received on June sixth.

Clerk Owens advised the Board that the State Auditor criticized the method of paying telephone bills, as there is not sufficient data to be able to check the bills. The auditor suggested that the Board request the officials and employees to make a list of the toll calls, date call is made, who made the call, name of person called, city called, and the purpose of the call.

On a motion by Commr. Simpson, seconded by Commr. Cowart and carried, Clerk Owens is to request the County Officials and employees to make a list of the toll calls, date call is made, who made the call, name of person called, city, and the purpose of the call.

The bill of C. Howell Hopson, architect, in the amount of $4,000 for architectural services of the preliminary plans for the proposed jail dated May 6, ½ percent of 1 percent of $800,000, was discussed.

On a motion by Commr. Simpson, seconded by Commr. Cowart and carried, the bill of C. Howell Hopson described above was approved and paid, and Clerk Owens was authorized to transfer $4,000 from the Contingency Item in the General Revenue Fund to Item #821 – Jail.

Mr. Duncan stated if the storage contract for Voting Machines runs over one thousand dollars, they will have to advertise for bids.

Mr. Duncan stated that Mr. Sprott, Attorney for a plant in Clermont, delivered to him various documents with proof that the property was not located in Lake County in that year. Mr. Duncan also stated he thinks this is sufficient evidence to show that his request is warranted. They have admitted they were in error in that they did not notify the Tax Assessor the property was moved. Mr. Bishop suggested that Mr. Duncan find out what the City of Clermont did about taxes before passing on this. He said he would call Mr. Johnson, City Clerk, and have him call Mr. Duncan.

Mr. Duncan reported that the request of Mr. Bishop in Secondary Roads for construction of a bridge south of Lake Minnehaha was left out of the budget; WHEREUPON, on a motion by Commr. Bishop, seconded by Commr. Simpson and carried, the following resolution was adopted:

WHEREAS, it appears from an examination of the tentative budget of the State Road Department for the Fiscal Year beginning July 1, 1960 that the rebuilding of a bridge across the Palatlakaha Creek just south of Lake Minnehaha although requested is not included in said budget, and

WHEREAS, the present bridge, which is in an unsafe condition, is used during the school term at least twice a day for the transportation of school children in loaded school buses and because of its unsafe condition, it is essential that the bridge across the Palatlakaha Creek above described be replaced at the earliest date possible.

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that the State Road Department be requested to include in the approved Budget for the Fiscal Year of the State Road Department for 1960-61 in the Secondary Road Projects for Lake County in top priority, the planning and construction of a bridge over and across the Palatlakaha Creek just south of Lake Minnehaha.

repair of dragline

Commr. Simpson reported that the County dragline used in his District had broken down, and the original estimate for repairing the same was considerably less than $1,000, so he ordered the repairs made. However, after the machine was partially dismantled, it appeared that other repairs not noted at first were essential which would run the cost of repairs in excess of $1,000, but because of the emergency existing relative to high waters, the dragline was needed immediately, and further delay in the repair of the machine would have caused considerable more damage to roads and properties threatened with high waters. THEREFORE, he had ordered the repairs to proceed immediately. In view of the circumstances, Commr. Simpson felt that the incurring of an indebtedness in excess of a thousand dollars was warranted and asked the opinion of the Board.

Based on the above explanation, upon the motion of Commr. Simpson, seconded by Commr. Bishop, the Clerk of the Board was authorized and directed to issue a check in payment of the total amount of the repair to wit: the sum of $1,789.44, despite the requirement of requesting bids for such type of work when the total amount exceeded One Thousand Dollars. The motion as made was unanimously carried.

vouchers

On a motion by Commr. Simpson, seconded by Commr. Cowart and carried, the following numbered Vouchers were approved for payment:

GENERAL REVENUE FUND #992 through #1141

ROAD & BRIDGE FUND #726 through #837

FINE & FORFEITURE FUND #124 through 140

COUNTY HOME #7 and #8

the following letters were filed with the board:

Welfare Worker – Myrtle Sudderth

State Prison Inspector on Jail and Road Camp

MEETING ADJOURNED.

/s/ Frank E. Owens___ /s/ Fred Cross __

CLERK CHAIRMAN