Loading...
06-10-1980 Supporting DocumentsCITY OF CWHONT MINUTES REGULAR AND TOWN HALL MEETING JUNE 10, 1.980 A combined Regular City Council Meeting and Town Ralf Meeting was hold in the Jenkins Auditorium on Tuesday, June 10, 1980. The meeting was called to order by Mayor Claude E. Smoak, Jr. at 7:30 p.m. with the following members present: Councilmen Byrd, Cole and Thomas. Other officials present were: City Manager Forbes, City Attorney Baird, Finance Director Saunders and City Clerk Rozar. The invocation was offered by Councilman Byrd, followed by repeat- ing of the Pledge of Allegiance in unison by all present. The Minutes of the Regular Meeting held on May 27, 1980 were approved as written. SPECIAL ELECTION The results of the Special Election were announced 80-93 and upon validation, a MOTION WAS MADE BY COUNCILMAN BYRD, SECONDED BY COUNCILMAN THOMAS AND UNANIMOUSLY CARRIED THAT THE CERTIFICATE OF RESULT OF THE SPECIAL ELECTION HELD JUNE 10 1980 BE ACCEPTED AND-TODECLARE -- A RUN-OFF ELECTION TO BE HELD ON JUNE 24, 1980. The results of the election were as follows: A. S. "Buck" Evans 155 R. A. "Bob" Pool 260 Gerald L. "Shep" Shepard 259 QUESTION: FOR 248 "Should the City of Clermont AGAINST 396 continue to pursue the Marsh- land Alternative for the dis- posal of the City's second- arily treated effluent?" GRIFFIN KEYS PRESENTATION City Manager Forbes commended Griffin Keys for his 22 years service with the City and presented him with a watch as a token of the City's appreciation. COUNCIL REPORT Carlisle Byrd inquired of the City Attorney's determination of Nita Place as being a private drive. City Attorney Baird stated that Nita Place is a private drive and therefore voids the granting of the variance for Vernon Gill RESOLUTION NO. 350: 151 - 161 East Minnehaha Avenue Lake Highlands Nursing Home Mayor Smoak explained the request for a conditional use permit for an addition to the Lake highlands Nursing Home had been considered by the Planning & Zoning Com- mission and the City Council. The resolution for this conditional use permit was read by title only and a 80-94 MOTION MADE BY CARLISLE BYRD, SECONDED BY DENNIS THOMAS AND UNANIMOUSLY CARRIED THAT THE RESOLUTION BE ADOPTED. CITY OF CLPPAIONT MINUTES ,7UNE .1.0, .1.960 cont'd. RESOLUTION NO. 351: PmHA Bonds Mayor. Smoak explained the r'mHA bonds are for improvements to L•he City's water and newer systoms and once these bonds are validated, the City can proceed with construction bids and interim financing. The resolution was read by Title 80-95 only and A MOTION MADE BY COUNCILMAN COLE, SECONDED BY COUNCILMAN TH OMAS AND UNANIMOUSLY CARRIED THAT RESOLUTION N0. 3,1 Bh ADOPTED. RESOLUTION NO. 352: Cooper. Memorial Library Mayor. Smoak stated since the new Library building has been purchased the City must release the restrictive covenants that stated that the present 'library property could only 80-96 be used as a library. A MOTION WAS MADE BY COUNCILMAN BYRD, SECONDED BY COUNCILMAN COLE AND UNANIMOUSLY CARRIED THAT RESOLUTION NO. 352 BE ADOPTED. The resolution was read by '1' tle only. RESOLUTION NO. 353: Permit for a Dike Mayor Smoak explained the dike needed will enlarge the City's polishing pond and improve the tertiary treatment of our - wastewater. Ile stated a permit was needed to complete a berm._.__2a. at the Treatment Plant that was partially constructed when the ponds were first built. The resolution was read by Title 80-97 only and a MOTION MADE BY COUNCILMAN BYRD, SECONDED BY I COUNCILMAN COLE AND UNANIMOUSLY CARRIED THAT THE RESOLUTION BE ADOPTED. AGREEMENT: Lake County Summer Youth Employment City Manager Forbes stated the City has participated in the program with the County the past several years in which we hire a total of six young adults to work in Parks & Recre- ation, and Utility Departments. These positions are funded 80-98 by the CETA Training Act. A MOTION WAS MADE BY COUNCILMAN BYRD, SECONDED BY COUNCILMAN THOMAS AND UNANIMOUSLY CARRIED THAT THE AGREEMENT BE EXECUTED TO THE COUNTY COMMISSIONERS. LIBRARY REPORT Bonnie Homan explained the projected renovations to the new Cooper Memorial Library and paid tribute to the founders of the library and all who have taken part in making the library what it is today. She also mentioned the gracious public response in funding the building project. LANDSCAPE COMMITTEE REPORT Nell Hunt related some of the past and present projects of the committee. She stated the committee was not only to beautify the City property, but to encourage private property owners to beautify their property. She related the Arbor Day program the committee instituted, giving out seedling trees, and mentioned the new Welcome to Clermont signs that are being installed throughout the City. -2- CITY OP CLPPAIONT MINUTES DUNE .1.0, 1.980 cont 'd. CLERMONT CLEAN COMMUNITY COMMITTEE Mr. Bob Wertz explained the purpose of this committee, and recognized all members of this committee. lie stated this is not a one time clean up program, but a changing of attitudes toward disposing of: trash and garbage. It• is also to investigate new and improved methods of collecting trash and garbage. lie related a clean community has to be a community effort, the City cannot replace the individual effort of all citizens. Mr. Bob Smythe narrated a slide program, showing the problems the Garbage Collectors face daily. lie explained two alternatives the City could con- sider; one was curbside pickup with the trucks now in use or a new type fully automated garbage truck. After the slide show there was open discussion with members of: the audience. RECREATION REPORT Mr. Bob Wear reported on the activities the recreation committee has initiated and the parks and physical changes the committee has brought about for the community. He commended the Lion's Club for their involvement in the swim -- ---- program and all others for their parts taken in making a well rounded recreation program. WASTEWATER ALTERNATIVE: Straw Ballot Issue Mayor Smoak discussed the results of the Question on the ballot, stating because of the overwhelming tally against pursuing the marshland alternative the Council would not be able to effectively pursue the matter with the envir- onmental agencies. A motion was made by Councilman Thomas and seconded by Mayor Smoak that the City no longer consider the alternative of wetlands disposal and that the City work toward uplands disposal. After considerable Public dis- cussion; the majority being in favor of the marshland altern- ative, Mayor Smoak withdrew his second. Mr. Smoak stated he felt it appropriate the decision on the alternative should be made after the run-off election by a full council. The motion then died for a lack of a second. GROWTH MANAGEMENT AND UTILITY RATE REPORT City Manager Forbes explained the concept of a Growth Management, Utility Rate Impact Fee. He explained our various City Ordinances pertaining to growth management, and stated that an impact fee on utilities would lessen the burden on current City residents and give new construc- tion their fair share in supporting the utility and sewer systems. The City Manager was instructed by Council to prepare a Utility Benefit Fee Ordinance for the July 8, 1980 Council Meeting. The meeting was adjourned at 10:00 p.m. CE 51-_d -- ' (� 1 Claude E. Smoak, Jr. - Mayor 'plln L u. ICOZaX.,,�/UILY Uler CITY OP CLENIONT MINUTES SPECIAL MEETING A Special Meeting of the City Council of Clermont was hold in the Office of the City Manager on Monday, June 9, 1980. The meeting was called to order at 5:35 p.m. by Mayor, pro -tam Dennis Thomas, with the following members present: Councilman Carlisle Byrd and Councilman Lester Cole. Others present were City Manager Forbes and City Clerk Razor. Mr. Thomas advised that the purpose of the meeting was to prepare the Ballot Box for the Special Election of the City of Clermont to be held on Tuesday, June 10, 1980. 80-93 A motion was made b Councilman II rd, seconded b Councilman Cole and unan mous1 carried that the Ballot Box a declared in order, that it be locked and turned over to Police Chief Tyndal, along with the Re 3.stration Rolls of the Cit o Clermont, for delivery to the Clerk of Election on t e morning of the Special Election. The meeting was adjourned by Mayor pro-tem Dennis Thomas at 5:40 p.m. �� c DENNIS TIiOMAS - MAYOR PRO-TEM SANDRA 0. ROZAR, TY CLERK Memo to: Clermont City council From: City Manager Subject: permit for Dike at Treatment Plant Date: June 6, 1980 As you may recall, the City has applied for a permit• from the Depart- ment of Environmental Regulation to complete a berm at the Treatment Plant that was partially constructed when the ponds were first built. This dike will enlarge the City's polishing pond and improve the tertiary treatment of our wastewater. The enclosed resolution is required by DER and formally completes their permitting process, for which they have recommended approval. The St. Johns Water Management District is the only agency we have yet to receive approval from, and we are on the agenda for their June 10, 1980 meeting. I recommend the adoption of the enclosed Resolution. Respectfully, L' George D. Forbes City Manager GDF:pm Enclosure BOB GRAHAM �� `•ri• ` GOVERNOR 3310 MAOUIRC IIOULEVARU ' SUITE 232 I�. �� JACOU D, VARN OnLANDO, FLOnIUA 32003 SECRETARY ���t(�> �(t�Ji ALEX SENKEVICH 1�' fEfll`A� DISTRICT MANAGER �I1�I10 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION ST. JOHNS RIVER DISTRICT May 28, 1980 City of Clermont Care of Springstead & Associates, Inc. Post Office Box 183 Leesburg, Florida 32748 Dear Sir: Lake County - D/F City of Clermont c/o Springstead & Associates, Inc. As we advised you on March 20, 1980, your application is incomplete without local approval, pursuant to Section - 253.124, Florida Statutes, for filling waterward of the existing mean/ordinary high water line. Please submit the enclosed copy of our biological comments together with your permit application to the Board of County Commissioners/City Council or their authorized permitting authority. Section 253.124, Florida Statutes, states that the county commission/city council " ..shall have in hand the (biological) report and findings thereof." It further states, "The report shall be read into the record and duly considered at the same meeting at which the board of county commissioners or other authorized body takes final action on the application for permit." You will need to obtain a copy of the minutes of the meeting or an appropriate indication of the local approval. This letter, resolution or copy of the minutes (see attachments I & II) should be sent to this office. Your application will remain incomplete without valid local approval. If you have any questions concerning this procedure, please contact us. SincereWental p D altereeler Environ Specialist III WHW:skw Enclosures original tyI I on lOUY n;cy clod paper 4 DEPARTMENT OF ENVIRONMENTAL REGULATION PERMIT APPLICATION APPRA10AL Pile No. ; 35-26728-4E Countyt hake Date: 3/21/80 Applicant,Name: City of Clermont Address: Post Office Box 219, ClermonL•, Florida 32711. _ Agent (if applicable): Springstond F, Assocaten, Inc. Address: Post Office Box 203, Leenburg, Florida 32748 Location of project: Section(s) 23 Township 22,S _ Range 25E Section(s) Township Range - Local Reference: Palatlakaha Marsh North of SR 50 west of Clermont Water Body: Palatlakaha River Water Classification of Project Area: III Adjacent Waters: III Aquatic Preserve: N/A Outstanding Florida Waters: N/A On site inspection by: Jim Morgan Date of Inspection: 4/29/80 Original Application: Yes x No Revised Application: Yes Nox Date: - Date of 2nd Insp. - Biological and Water Quality Assessment A. Description of proposed project and construction techniques. Quantify area of project which extends into waters of the state (including the submerged lands of those waters and the transi- tional zone of the submerged land) as defined in Section 17-4.02 and Section 17-4.28, Florida Administrative Code. B. Biophysical features of general area. Include continents concerning extent of development of adjoining properties as well as relevant historical facts about the area. C. Biophysical features of specific project site and spoil site if applicable. Include identification of bottom types and any relevant historical facts about the area of the project. D. Potential impact of project on biological resources and water quality. Address long-term impact as well as itmnediate impact for all aspects of the project. E. Suggestions, where appropriate, for modifications that may reduce or minimize the potential impact of project. PERM 16-10(Rev.6/79) W The City of Clermont proposes to deposit 1205 cubic yards of clonn, sandy, clay material to complete a berm which was partially con- structed previously. The top of the existing berm is below the controlled high water of the Palatlakaha River. The subject berm is the only connection between an otherwise isolated 2 acre (i) portion of marsh. The city proposes to complete the 200 foot long dike so as to permanently isolate this section of marsh. Upon completion, the 2 acre area is to be utilized as an extension of the city's polishing pond to facilitate the sewage treatment plant. This is proposed to increase the detention time of wastewater effluent prior to landspreading. B. The Palatlakaha Marsh is an extensive wetland system contiguous to the Palatlakaha Riverine system. The system flows northerly from the Green Swamp, outfalling to Lake Harris south of Leesburg. Flow continues northerly, eventually contributing to the Oklawaha River and the St. Johns. In the vicinity of Clermont, the Palatlakaha is characterized by outstanding water quality. The stretch of marsh subject to this application lies between lakes Minnehaha and Minneola, both of which are outstanding resources. Development in the vicinity of the marsh is limited, although several massive alterations have severely encroached upon the historic reaches of the wetland. C. The proposed berm, as stated above, is one.side of an otherwise isolated 2 acre ± rectangular section of the marsh. The proposed berm will occupy the northern side of this rectangle. The remainder of the 2 acres is enclosed by existing berms. At the site of the proposed construction, a berm exists vegetated by primrose willow (Ludwigia peruviana), wax myrtle (M rica cerifera_), bullrush (Scirpus americanus), willows (Salix caroliniana , and dog£ennel. The top of the existing berm is -below the established high water of the marsh system. The proposal is to add additional fill so as to raise the top of the berm above the high water line The interior of the 2 acres (±) proposed to be isolated, has been altered by previous dredge and fill activity. A significant portion of this area is open water, as compared to the remainder of the heavily vegetated marsh. The interior of this 2 acres is deprived of normal flow by the berms which occupy the other three sides of the rectangle. Consequently, water within the confines of this area is partially stagnant, with the only flow being a reflection of water elevation changes, not from the northerly flow of the Palatlakaha. r C. continued.... Sampling within the 2 acres was extremely difficult, due to excessive growth of woody vegetation along its perifery. Access to the interior was severely impeded, however, observations of birds feeding and the presence of resident alligators give rise to the assumption that macroscopic organisms are present within this area. No actural sampling was performed. D. The deposition of 1285 cubic 'yards of material upon the previously disturbed marsh section is not anticipated to have a significant impact upon the overall marsh system. In arriving at this prediction, the fact that the area to be enclosed has not functioned as a portion of the flowing marsh, was ultimately important. The preservation of the remainder of the marsh resource is vital to the maintenance of the Palatlakaha system; however, the particular 2 acre section has ceased to be part of this natural system. Consequently, the benefits associated with the completion of the proposed enclosure (i.e., increased resident time of wastewater effluent) outweighs the vestigial function.of.the section of marsh. E. All fill material must be placed upon the partially completed berm or within the interior of the 2 acre enclosure. No fill is to be deposited north of this partial berm, encroaching upon the viable marsh. A. ATTACHMENT I Statutory Requirements In order to comply with the requirements of Section 253.124, Florida Statutes, pertaining to local approval, an applicant must: 1. Make application, in writing, to: a. the board of county commissioners of the county where where the project is to be undertaken if the project is located in an unincorporated area of the county; or b. if the project is located within the territory of a municipality, then to the governing body of the municipality; or c. to both of the above if the project is located partly within the territory of a municipality but also.extends to unincorporated areas of the county. 2. The application made to the local body must include a plan or drawing showing the proposed project and the manner in which it will be accomplished including a designation of the area from which fill is to be dredged if dredging is involved. 4 LOCAL PERMITS A permit from the local governing body is required for your application to place fill below the line of mean high water of coastal waters or ordinary high water line of lakes and inland rivers. Chapter 253.124, Florida Statutes, states in part: "253.124 Application for fi;',ling land. - "(1) Any private person, fizm or corporation desiring to con- struct islands or add to or extend existing lands or islands located in the unincorporated area of any county bordering on or in the navigable waters of the slate, as defined in 0253.12, by pumping sand, rock or earth from such waters or by any other means shall make application in writing to the board of county commissioners of the county wherein such construction is desired for a permit authorizing such person, firm or corporation to engage in such construction; provided that where it is desired to construct islands or add to or extend existing lands or islands within the territory of any municipality such application for a construction or fill per- mit shall be made to the governing body of such municipality. "(2) In each instance the written application herein provided- ------ for shall be accompanied by a plan or drawing showing the proposed construction and the manner in which said construc- tion will be accomplished and also the area from which any fill material is to be dredged if the proposed construction is intended to be created from dredged material. In the event the board of county commissioners or other authorized body shall find that such proposed extension or filling of land or such proposed dredging is not violative of any statute, zoning law, ordinance, or other restrictions which may be applicable thereto, that no harmful obstruction to or alteration of the natural flow of the navigable water, as defined in §253.12, within such area will arise from the proposed construction, that no harmful or increased erosion, shoaling of channels or stagnant areas of water will be created thereby, and that no material injury or monetary damage'"fb"'-adjoining land will accrue therefrom, the same shall be granted to the applicant, subject to the approval of the board of trustees of the internal improvement trust fund, who shall have the power to approve, reject or issue; provided, however, that prior to the issuance of such per- mit, the board of county commissioners or other authorized body shall determine whether the granting of such permit and the construction to be done pursuant thereto would inter- fere with the conservation of fish, marine and wildlife or other natural resources to such an extent as to be contrary to the public interest, and whether the destruction of oyster F060-774 Y bads, clam beda, or marina productivity, including but not limiLod to, doatrucL.ion of natural marino habitats, gram flats suitable an nur.sory or feeding grounds for, marina life, including oetablished marina Boils nuitabl© for producing plant growth of a type useful as nursery or feeding grounds for marina life, will result therefrom to such an extent as to be contrary to the public interest. The board shall also consider any other factors affecting the public interests. "(3) No construction permit shall be issued or approved until the board of: county commissioners or other authorized body shall have obtained, at the expense of the applicant, a biological survey, an ecological study, and, whore deemed necessary by the department of natural resources, a hydro - graphic survey of the area within which such construction and dredging is proposed, each by or under the supervision of the department of natural resources and shall have in hand the report and findings thereof. The report shall be read into the record and duly considered at the same meeting at which the board of county commissioners or other authorized body takes final action on the application for permit. Such surveys and studies may not be required if the proposed con- struction or dredging is wholly shoreward of a previously established bulkhead line which was fixed after consideration by the bulkhead authority of a biological survey and ecological study previously made by the department of natural resources or under its supervision in connection with. the fixing of, such, line or if the proposed construction or dredging is wholly within lands or islands heretofore purchased from the board of trustees of the internal improvement trust fund under §253.12 and in the consummation of such sale the board had before it a biological survey made by or under the supervision of the department of natural resources. "(8) Any riparian upland owner of land bordering on or in the navigable waters of the state who desires to repair, rebuild, replace, or reconstruct coastal structures in the nature of seawalls, revetments, retaining walls, bulkheads, or other similar protective structures installed upon his riparian upland, or who desires to restore such uplands after damage by avulsion or by artifically induced erosion, shall, before undertaking such project, obtain a permit for such work from the board of county commiss'i.oners or other authorized body or from the governing body of a municipality if the work proposed shall be within the territory of such municipality. Such a permit shall be subject to the approval of the board of trustees and shall not be valid without such approval. The riparian owner making application for such a permit may not be required to comply with §253.122. A biological survey and ecological study may not be required if the proposed work lies at no greater distance than twenty- five feet into the waters where such work is proposed from the existing and established line of mean high water or existing coastal structure. A permit issued under the pro- visions of this subsection shall not be construed to allow F060-774 v construction of coastal structures or restoration of lands that may be subject to the provisions of chapter 161." Action cannot be taken concerning fill permits by the Board of Trustees until such time as evidence is received showing the city or county commission granted a permit pursuant to this statute. F060-774 memo to: Cl.er.moot City Couuc.i.l. From: City Manager. subject: Resolution 351; Bonds for Witter Improvements. DaLe: June G, 1.980 Attached Is Resolution No. 35.1. which is necessary to authorize the issuance of Lite bonds mid bond anticipation notes for tl:e City's $1.,700,000 Water Improvements Project. These improvements include it new water well, 500,000 gallon storage Lank, and the transmission lines necessary to allow Clermont to operate on a single water pressure system. The resolution 1n your Council packets is the title of: a 34 page document necessary for the bond issue. This document has been reviewed by the City Attorney, ❑nd any interested Councilman can review the full document in my office. Once these bonds are validated, (the process will take about two months) the City can proceed with construction bids and interim financing. Respectfully, George D. Forbes City Manager GDP:pm Enclosures RESOLUTION N0. 351 RESOLU'T'ION PROVIDING FOR THE ACQUISITION, CONSTRUCTION AND ERECTION OF EXTENSIONS AND IMPROVI:;ME,NTS 'I'D THE, MUNICIPAL WATER AND SI:WL?R SYSTEM OF 'THE CITY OF CLERMONT, FLORIDA; AUTHORIZING ISSUANCE BY THE CITY OF NOT EXCEEDING $1,700,000 WATER AND SEWER REVENUE BONDS, SERIES 1980, TO FINANCE THE COST THEREOF; PLEDGING THE NET REVENUES OF SAID SYSTEM AND CERTAIN MUNICIPAL EXCISE TAXES TO SECURE PAYMENT OF THE PRINCIPAL OF AND INTERL;ST ON THE BONDS; PROVIDING FOR THE RIGHTS OF THE HOLDERS OF THE BONDS; AND AUTHORIZING ISSUANCE BY THE CITY OF NOT EXCEEDING $1,700,000 WATER AND SEWER REVENUE BOND ANTICIPATION NOTES IN ANTICIPATION OF THE ISSUANCE OF SAID BONDS,, PROVIDING FOR THE PAYMENT OF SAID NOTES AND ENTERING INTO CERTAIN COVENANTS AND AGREEMENTS WITH THE HOLDERS THEREOF. r ,I IAI I r IIX rrlll nlnn OILFn a. nr ll; I140r1 J 1111h011 ,nP. C IAAn IUlll nl.lnn.11 ua w.nm wnnaorl„ul. JACNSOtJ VI LIL E,IP LO RIDA 32202 _ I —MA. 11, ALAn C,ai (u w( an a•yn+ nuuX. , wAr9ol1 Jars r. ne ur nr a .L un nlFL a uvc m+unc, Ju. ...._ A LIC rI ­AIIAM IIU F.XLf III JO rl11 LM[vIIL:AM 1,111 JuanoM rnccLA" 'I. May 22, 198U nmlLrrt a. rn naXAn w ILLIAM O. OrI Ill roll Mr. Leonard if. Baird, Jr. Attorney at Law••--- Hovis and Baird P. 0. Drawer 848 Clermont, Florida 32711 Dear Lenny: Re: $1,700,000 Clermont Water and Sewer Revenue Bonds, Series 1980 We enclose our proposed form of resolution to authorize issuance of the bonds and the bond anticipation notes. We understand from the City Manager that he and/or the City Council wishes that the resolution be considered for possible passage at the May 27 Council meeting, and we have no objection to this, if our first draft is acceptable to you and them; however, we are just today sending copies of the resolution to the office of the State Director for FmHA in Gainesville and to the FmHA's office of Regional Counsel in Atlanta, for their respective approvals, and if the resolution should be passed and subsequently the FmHA has any changes to recommend (which it does for about one out of every five bond resolutions) it will undoubtedly be necessary that an amendatory resolution be adopted. We have no objection to drafting an amendatory resolution, if such shall be necessary, and an amendatory resolu- tion will not increase our fee previously quoted to you; but I would not want you to encourage the City Council to adopt the resolution prior to its approval by the FmHA, if a subsequent amendment to the resolution, if necessary, might prove to be irritating to the City Council or embarrassing to you or to the City Manager. Validation proceedings may be filed immediately following adoption of the resolution, and we enclose the papers you will need for this purpose. In this connection, the require- ments of Chapter 75, Florida Statutes, should, of course, be followed closely. The Court will enter the Order to Show Cause upon the filing of the Complaint. You should then serve the Mr. Leonard H. Baird, Jr. May 22, 1980 Pago 2 State Attorney with a copy each of the Order to Show Cause and the Complaint (to which a certified copy of: the enabling resolu- tion has been attached as "klxhibit A"), more than twenty days prior to the date of the hearing, and obtain and file his Acknowledgment of Service. You may give the State Attorney several copies of• the enclosed Answer, submitted solely for his convenience and for such use by hdm•as-he may deem uppropr`iatc. The Order to Show Cause must be published once a week for three consecutive weeks in a newspaper published in Lake County which enjoys general circulation in the municipality. The first publication must be more than twenty days prior to the date fixed for the hearing. Please request of the newspaper that it send to me an affidavit in proof of the first publication right after the order first appears. With respect to the hearing, I would suggest that the following points be covered. 1. Introduce into evidence an af-f•idavit of the publisher in proof of• the three publications of the Order to Show Cause. 2. Introduce into evidence the exhibit attached to the Complaint, in order that the record can be kept to a minimum for the certified copy thereof which we will require. I assume that the exhibit will be certified. 3. Introduce certified excerpts from the minutes of the meeting wherein the enabling resolution was read and passed. These excerpts should be sufficient to show when and where the meeting was held, whether it was a regular one or one called pur- suant to proper notice, who attended and who was absent, and who voted in support of the resolution and who opposed it. 4. Introduce a certified copy of the ordinance levying the public service tax and a certified copy of the ordinance imposing the franchise tax. 5. A public official or consulting expert should testi- fy as to the nature of the project, that the same is in the best interests of the Plaintiff's citizens and is needed, that the gross revenues of the system and the excise taxes will be suf- ficient to pay the debt service requirements of the outstanding prior lien obligations, the outstanding parity obligations and the bonds and the expenses of operating and maintaining the Mr. Leonard H. Baird, Jr. May 22, 1980 Page 3 system, and that the project can be constructed within bond pro- ceeds. As soon as the Final Judgment• has been entered by the Court, please obtain for us a certified copy of the complete record of the proceedings. We enclose a Certificate of True Copy of Record which we would like to have executed by the Clerk and _ attached to the, record. ...� ... _ on the thirty-first day after entry of• the Final Judg- ment, have the Clerk execute and file his Certificate as to No Appeal, and please send me a certified copy thereof. Please make certain that the date supplied in the first paragraph thereof is the date that the Final Judgment was filed, if the filing date shall be subsequent to the date the Final Judgment was signed by the Judge. If you anticipate any problems in connection with these things, please let me hear from you. Sincerely yours, h( _ Thomas B. Slade, III TBS/bh Enclosures Mr. George D. Forbes Mmno to: Clermont• City Council From: City Manager Subject: Summer Youth Employment Date: June 5, 1980 Attached is a Memorandum of Understanding with Lake County that must• be adopted if the City is to participate in the Summer Youth Employment Program. For the past several years the City has participated in this program in which we hire a total of six young adults to work in Parks & Recreation, and Utility Departments. These positions are funded by the CETA Training Act. We believe that this program has been successful in the past, and I recommend that the City execute the attached Memorandum of Understanding• Respectfully, George D. Forbes City Manager GDF:pm Enclosures Memo to: Clermont City CouneLl From: City Manager Subject: Convennnto on Present Librnry Property Date: June G, 3.980 The enclosed resolution has been prepared by the City Attorney to release the restrictive convenanLs on the present Cooper Memorial Lit•rary Properly. Now that the new Library building has been purchased, the City must release the restrictive covenants that stated that the present Library property could only be used as a Library. Li this manner we can use the present Library Building for other purposes once they move into their new building. jt Respectfully, George D. rorbes City Manager CDF:pm Enclosure