11-27-1979 Supporting DocumentsCITY OF CLP NIONT
MINUTES
REGULAR MEETING
A Regular Meeting of the City Council of the City of Clermont was held in the Count: ll Chambers
on Tuesday, November 27, 1979, The meeting was called to order at 7:30 P.M. by Mayor Claude
E. Smoak, Jr., with the following members present: Councilmen Cole, Sehroedel, Byrd, and
Meginley. Other officials present were: City Manager Forbes, City Attorney Baird, City Clark
Carroll, Finance Director Saunders, Public Works Director Smythe, Public Utilities Director
Davis, and Chief of Police Tyndal. Others present were: Mr. s Mrs. August Schultz, Mr. b
Mrs. Bob Wertz, Dr. & Mrs. William Relyea, Mr. & Mrs. Otto Koppius, Mrs. Ruth Alice Ray,
and the Messrs. Keene, Czech, Sargent, Bumgarner, Powell, Shepard, Searles, Jackson, and
Thomas.
The invocation was offered by Councilmen Byrd, followed by repeating of the Pledge of
Allegiance in unison by those present.
The Minutes of the Special Meeting held on November 20, 1979 were approved as written.
GENERAL ELECTION
Mayor Smoak reminded all present of the General Election of the City to be held
in the Council Chambers on Tuesday, December 4th, and announced that the Chamber
of Commerce would be sponsoring a "Meet the Candidates" Forum in the High School
Auditorium on Thursday, November 29th at 7:30 P.M., to which he urged all to
attend.
FINANCE DIRECTOR
Mayor Smoak introduced the recently appointed Finance Director of the. City, Mr.
Wayne Saunders, and welcomed him to the Council table.
VARIANCE REQUEST: DR. b MRS. WILLIAM RELYEA
Council, sitting as a Board of Adjustment, considered a request by Dr. L Mrs.
William Relyea for a Variance to Section 26-20 (C)(4) (R1A URBAN RESIDENTIAL
DISTRICT -LOT COVERAGE) of the Zoning Ordinance in order to construct an addition
to their home located at 140 East Lake Shore Drive, and described as follows:
5 55' of Lot 4,
All of Lot 5,
Lake Highland Estates
City Manager Forbes advised that the zoning ordinance allows a maximum lot coverage
of 40%, and that this property, with the proposed addition, would have a lot
coverage of 45%. Dr. Relyea appeared before Council in support of his request,
and advised that the problem was created when they constructed a tennis court on
their property that had to be constructed in such a way, due to the topography of
the lot, that it was counted in the over-all allowable lot coverage; That they
desired to build a two-story bedroom/storage room addition to their home to
provide required additional living space for a member of their family that will
be coming to live with them; and, That he felt the proposed addition would add
significantly to the appearance of their home and to the general neighborhood.
He further advised that all rear and side yard requirements would be met, and that
provisions had been made for additional drainage. Councilman Byrd advised that
his observation of the property revealed that the lot slopes, is somewhat
irregular in shape, is a corner lot which somewhat restricts the coverage that
can be utilized, is different than adjacent property in the area, and he would
thereby be in favor of granting the request. Councilman Meginley advised that he
had also viewed the property, and that he concurred with Councilman Byrd that
a unique hardship exists on the property which is not shared by others in the
area. There was no one else present who desired to address the matter. City
Clerk Carroll advised of a communication from Mrs. Ester S. Fox, an abutting
property owner, wherein she advised of no objection to the request. Motion was
made by Councilman Cole seconded by Councilman Schroedel and unanimously carried
that the request be granted.
ANNEXATION
CITY OP CUN IONT
MINUTES
Mr. All(in Kee no, a general partner of the Lakeview Ilills development, appeared
before Counell to seek their general feeling toward a proposed plan for annexation
and potential re -zoning to R-3 of a 31, acre tract Immediately south of Lakeview
Hills for a multi -family development for senior citizens. Mr. Keene advised
that certain statutory requirement procedures for annexation would have to be
Instigated before Council could take a position on the matter, and, following
such procedure, should the property be annexed Into the City, the next step
would be to refer the re -zoning matter to the PGZ Commission for their study
and consideration in Public Hearing as to a proper zoning for the property,
for recommendation back to Council. With regards the Lakeview Hills property
that Is oresently inside the city limits, Mayor Smoak inquired as to the status
of making application for the re -zoning of the balance of the property to conform
with the development currently under construction, as had been agreed to prior
to granting of the re -zoning following the geographic lines of the existing
development. Mr. Keene assured Council It was still their Intent to continue
with single family development; That their mortgage holders were reticent In
asking for a re -zoning on the whole front side of the property until such time
as a portion of the property had been developed, but that they were in a position
of development now that the mortgage holders would issue releases for the
balance of the property, and they would proceed along those lines.
CHANGE OF MEETING DATE
City Manager Forbes advised that the regularly scheduled meeting date for the
second meeting of this month falls on December 25th, and he inquired of Council's
" desire for a re -scheduling. It was the suggestion of Councilman Schroedel,-and
-----
there was no objection by other members of the Council, that the next regular
meeting be re -scheduled to Thursday, December 27th.
SLUDGE
City Manager Forbes advised that the City presently gives away sludge to anyone,
free of charge, but that other cities had been very successful in selling the
material, and if there be no objection by Council, the City would solicit bids
for all sludge removal for a period of January 1, 1980 to December 31, 1980.
There was no objection from Council.
COMPLETE COUNT COMMITTEE
City Manager Forbes advised of a communication from the Bureau of Census recommending
that the City appoint a Complete Count Committee to provide information to local
citizens to explain the purpose of the 1980 Census and encourage citizens to
complete Census forms, and inquired of Council's desire in the matter. Mayor
Smoak opined that the matter should be considered inasmuch as the Census determines
a great deal of the participation level of the Federal and State Governments in
revenue sharing. It was the suggestion of City Manager Forbes that the PEZ Com-
mission could be utilized as such a Committee, and he would present the matter to
them at their meeting to be held on December 4th. There was no objection from
Council to the Manager's suggestion.
EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL
City Manager Forbes inquired of Council's desire to make appointments to the ECFRPC
Housing Opportunity Plan Committee and A-95 Review Committee. It was the
suggestion of Mayor Smoak that the matter be postponed pending additional infor-
mation on the Committees as to whether or not it is mandatory to make such
Committee appointments in order to be a member of the Council, the functions
of the Committees, and the frequency of the Committee meetings. There was no
objection by other members of the Council to the Mayor's suggestion.
CITY OF CLoPNION'T
MINUTES
GENERAL ELECTION BOARD
City CIork Carroll ,ubmittud the following named persons to ,erve on the EluctIon
Board of the Gunural Election to be head on Docembor hth, and recommended that
they be appointud, with authorization being granted also to make substitutions
should It become necessary:
Clork: Mrs. Hilda McCown
Inspectors: Mrs. Frances Oswalt
Mrs. Goldle Wilson
Mrs. Elizabeth Konsler
Mrs. Frances Brice
Mrs. Ella Mac Sheldon
i1rs, Alice Pelfrey
Machine Inspectors: Mr. W. B. Mallory
Mr. Coman Post
Mr. Oakley Seaver
Officer-of-thc-Day: Mr. Gordon R. Dowling
Motion was made by Councilman SellroedcI seconded by Councilman Cole and
unanimously carried that the City Clerk's recommendation be accepted.
UPPER OLKAWAHA RIVER BASIN BOARD
Mayor Smoak announced that a Technical Advisory Committee meeting on the Water
Study would be held in the Council Chambers on Wednesday, November 28th at
10:00 a.m. at which time the newly appointed Project Coordinator, Mr. Will Davis,
will be Introduced, and a progress and financial report will be given. Mayor
Smoak further advised that all interested persons are invited to attend......
CHRISTMAS PARADE
City Clerk Carroll read a communication from Michelle J. Delaney, Parade Chair-
person, wherein she expressed deepest appreciation for the City's financial
contribution, and invited City Manager Forbes and Members of the Council to
participate in the Parade.
LIABILITY INSURANCE
As previously requested by Council, City Manager Forbes and City Attorney Baird
submitted a report on the City's liability insurance coverage and the limits of
sovereign immunity. City Manager Forbes advised that the City now has total
liability coverage in the amount of $1.5 million, plus $100,000 in property
damage, and that existing State Stuautes limit municipal liability to $50,000
per person, and $100,000 per occurrence. Mr. Baird advised that two Circuit
Courts have ruled that the Statute is unconstitutional, and until such time
as the Supreme Court rules on the constitutionality of the Statute, he would
recommend that the City not rely on the limits cited in the Statute. Mr. Forbes
advised that, if the Council wishes to reduce the present coverage, he would
recommend that the umbrella coverage in the amount of $1 million be eliminated,
which would reduce the general liability coverage to $500,000 and save a premium
of $8,189. It was the opinion of Mayor Smoak that it would be prudent, without
any undue exposure and risk to the City as long as the Statute remains in effect
and is not declared unconstitutional, to remove the umbrella coverage, and then
review the $500,000 coverage which exceeds by 500% the statutory limitation, when
and if the Supreme Court rules that the statute is unconstitutional. Councilman
Byrd opined that the whole purpose of carrying insurance is to manage the risk
to which you are exposed, and -he was not convinced that the risk is reduced in
proportion to the amount of coverage that is proposed to be reduced. Councilman
Schroedel opined that it would be in the best interest to drop the umbrella
coverage an save t e ,1 9 premium, and thereupon moved that it be so ordered.
d
imp erat ve tat a close watch a kept as to the supreme Court -s ruling on cne
statute_ at which time a re-evaluation of the City s total liability position
should a made. Vpon request trom the Lhalr
with Councilman Byrd voting in the negative,
CITY CR CLPRAIONT
MINUTES
CLEAN COMMUNITY SYSTE14
The Clermont Clean Community Project Team submitted Lhe following named persons
who have consented to serve as members of the Clermont Clean Community Com-
mission, and they recommmnded that they be appointed:
BUSINESS/INDUSTRY: Sue Heaton, Oakley Seaver, Ray Roberts, James Law,
and Mike Conley;
COMMUNITY ORGANIZATION: Bonnie Homan, Frank Trolle, Robert Johnstone,
Tom Honaker III, and one vacancy to be filled pending
a decision by the Chamber of Commerce;
EDUCATION: William Cockroft, Dave Lofgren, and Gerald McLean;
AT -LARGE: Hazel Johnson and William N. McKinney;
EX-OFFICIO NONVOTING MEMBER: The City Manager or his designated representative.
Motion was made by Councilman Cole seconded by Councilman Byrd and unanimously
carried that the recommendation of the Project Team be accepted.
WATER REPORT
Mayor Smoak advised of a recent work session of Council at which time City
Engineer Springstead presented a rather extensive review of the City's current
water system, the productive capacity, the storage capacity, distribution, fire
requirements, etc., and had submitted recommendations staged In 5 phases that City
Manager Forbes had been requested to review for report and recommendation back
to Council. City Manager Forbes suggested that Council seriously consider
funding Phases I, 11, and III as soon as possible which would include a 500,000
gallon storage tank and a 12" main from Chestnut to Desoto in Phase I; A 12" main
from the Seminole Well to the Highland Tank, and one new Well in Phase 11;,and,
Additional 12" and 8" main through the Central Business District, An 8" main on
East Avenue past the School, and Two 8" lines between the transmission main, south
of Highway 50 and the existing Lakeshore main, in Phase 111. Mr. Forbes further
suggested that he be allowed to prepare a grant/loan application to FmHA for the
necessary funding of the proposed three Phases, advising that the sooner the
application is received, the higher the City would be on the list for funding.
Motion was made by Councilman Byrd seconded by Councilman Cole and unanimously
.._____.. Pho n 11minary orocedures
For making application to FmHA as suggested. Due to the tremendous and costly
capitol improvements that the City is presently faced with, both in water and
effluent disposal, it was proposed by Mayor Smoak that a Town Hall Meeting be
held some time in January to introduce the needed improvements and their estimated
costs in order that all citizens of the City be made aware of the substantial
capitol investment money that will have to be generated in order to make the
needed improvements.
RESOLUTIONS/ORDINANCES
Motion was made by Councilman Byrd seconded by Councilman Cole and unanimously
carried that the necessary Corporate Resolution be adopted to include Finance
Director Saunders as a proper city official to deposit and withdraw city funds.
Motion was made by Councilman Byrd seconded by Councilman Cole and unanimously
carried that A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, GRANTING
A CONDITIONAL USE PERMIT TO ALLOW THE CONSTRUCTION OF AN EDUCATIONAL BUILDING TO
BE USED FOR SUNDAY SCHOOL CLASSES, be adopted. The Resolution was adopted, it
was read by City Clerk Carroll by title only, and the Number 342 assigned to it.
(Amended 12-11-79 Regular Meeting)
Councilman Cole introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY
OF CLERMONT, CLOSING AND PERMANENTLY ABANDONING A PORTION OF LAKESHORE DRIVE, and
the Ordinance was read for a first reading by title only, by City Clerk Carroll.
CITY OF CLER4IONT
MINUTES
There being no further business to be brough t• before the Council at this time, the meeting
was adjourned by Mayor Smoak at 9:35 P.M.
1/J C DUDE E. SMOAK, JR., - Mayor
DOLES W.-CARROLL - Clty Clerk
ill
B1:gUliST FOR VARIANCE
November. 8, 1979
OWNER: 1)r. & Mrs. William Relyon
APPLICANT: Dr. & Mrs. William Relyca
PROPERTY: Lot 5 and the South 55' of Lot 4, Lake Highland Estates
LOCATION: 140 E. Lake Shore Drive
ZONING: RIA
REQUEST: The City zoning ordinance allows a maximum lot coverage of 40%.
This property, with the proposed addition, would have a lot
coverage of 45%, or 5% over the maximum.
COMMENTS: The Relyea's wish to construct a two-story bedroom/recreation
room addition to their home.
GEORGE D.`rORBES - City Manager
..,PLEASE PRIqL OR TYPE
TO THE ZONING BOARD )DJUSTMENT
OF THE CITY OF CLERMONV, FLORIDA
APPLICANT
NAME: Dr,_f._&A,._.tll1]J.auL.itclyoa.
ADDRESS: 1110 E. Lake Shore Drive _
Gentlemen:
Having posted the necessary $25.00 appeal fee with the City Clerk, I hereby make
application to your Board for relief from a decision of the Building Official of the City
of Clermont, whereby I was refused permission to:
Repair ( ), Add to ( ), Alter ( ), Construct (x ), Move and Place ( ), a (sign) building
on lot/s Lot,Fivh and southt55nft:!of Lot 4 Block
Subdivision Lake Highlands Esta5oAddress 140 E. Lake Shore Drive ,Zone R1A
Section of Code Sec. 26.20 R1A U.R.D. C-4- in the City of Clermont, Florida.
The reason given by the Building Official for the decision in refusing to issue a
building permit is: All structures and proposed additions computed as five (5) percent
over the maximum permitted lot coverage of forty (40) percent.
My appeal to your Board is based on my contention that this decision creates a ..
hardship on me for the following reason, or reasons:
Due to my father's death, my mother is going to come live with us. The additional
living area is necessary. I believe that this presents an exceptional and unique
hardship that is not shared by other property owners.
Seven (7) copies of all necessary floor plans, plot plans, and other pertinent infor-
mation are attached hereto, on paper size Wj" x 14" minimum size.
I submit that I qualify for this variance because I have an exceptional and unique
hardship on my particular parcel of land that is not shared by property owners in my area.
A strict application of the zoning ordinance deprives me of the reasonable use of my land
and the granting of this variance will not alter the essential character of the area.
I have been notified that this Variance Application must be filed with the City Clerk
no later than 5:00 P.M. on Friday, two (2) weeks prior to the Council meeting at which time
Variance will be considered. I also understand that when any variance is granted, construction`
of the structure must be completed within one year from date of grant.
Date: November 8, 1979
Very truly yours,
5/17/77
ddob
ArIlL
uO
CITY OF CLERMONT
P.O. BOX 210• Ci.f:RMONT, H.ORIOA 32711 • PI ION[ 904/394-4001
November 15, 1979
RE: LOT FIVE AND 'Gill? SOUTH 55' OF LOT FOUR, LAKE HIGHLAND ESTATES
(140 E. Lake Shore Drive)
Dear.
As an abutting and/or adjacent property owner within 150'
of the above mentioned property, you will please be advised
of the attached described request for Variance that shall
be considered by the Clermont City Council, sitting as a
Board of Adjustment, on Tuesday, November 27, 1979 at
7:30 P.M. 1n the Council Chambers.
All such regneHts are considered in Public hearing, and you
are invited to be present to express your views on the matter
Sincerely,
QLU'�)Z �4-az
DOLORES N. CARROLL
City Clerk
DNC:js
Attachment(s)
Property nwnarn natiCled Cnr. III4I.YRA vnr.lnnca rer ent
Esther S. Igor.
1678 Fast Avenue
Clermont
George II. Dupcc
P. 0. Box 868
Clermont
Hubbert L. Powell
1640 East Avenue
Clermont
Herbert- Rogers
151 E. Minnehaha Avenue
Clermont
Catherine Rathwick
160 E. Lake Shore Drive
Clermont
R. E. Allison and
James 11. Milward
530 llth Street
Clermont.
Paul D. Meredith
1701 East Avenue
Clermont
Marvin A. Kreidberg Estate
c/o Sun First National Bank
P. 0. Box 3631
Orlando, Florida 32802
John 11. Apetz
168 E. Lake Shore Drive
Clermont
CITY OF CL.ERMONT
P.O. BOX 219 • CLERMONT, FLORIDA 32711 • PHONE 904/394.4081
November 15, 1979
Mrs. William V. Relyea
140 Cast Lake Shore Drive
Clermont, Florida 32711
Dear Mrs. Relyea:
Please be advised that the City Council, sitting as a
Board of Adjustment in Public Bearing, shall consider
your request for a variance to the Zoning Ordinance at
their regular meeting to be held on Tuesday, November
27, 1979 at approximately 7:30 P.M. in the City Council
Chambers, located at the corner of West Avenue and
DeSoto Street (Police and Fire Building).
It is necessary that you or your representative be
present at this meeting in support of your request.
Sincerely,
Dolores W. Carroll
City Clerk
DWC:js
AV RECEIVED NOV 2 G 1979
" W,N#&
CITY OF CLERMONT
P.O. BOX 210. CLEHMONT, I'LORIDA 32711 . PNONf W1394 4001
November 15, 1979
Mrs. Esther S. Fox
167B Ens Avenue
Clermont, Florida 32711
RE: LOT FIVE AND THE SOUTH 55' OF LOT FOUR, LAKE HIGHLAND ESTATES
(140 E. Lake Shoro Drive)
Dear Mrs. Pox:
As an abutting and/or adjacent property owner within 150'
of the above mentioned property, you will please be advised
--.-- of the attached described request for Variance that shall
be conuidered by the Clermont City Council, sitting as a
Board of Adjustment, on Tuesday, November 27, 1979 at
7:30 P.M. in the Council Chambers.
All such requests are considered in Public Bearing, and you
are invited to be present to express your views on the matter.
Sincerely,
DOLORES W. CARROLL
City Clerk
DWC:js
Attachment(s)
Pr;r
IFk„ Loh
1)r, 4141.111dn Holy1m
Ln
Fri �✓ r., , r .... I'Ir.t.r^IUJ 'i
rr� l..re `I
7.tus
OtIC
J
Q.
UFsrRIPTION: -A, ,rd t!'.I ''?jth ':5 f°I.et of Lot 4 1��»
L•hl: Fatit P!i Il:ot, I r W.ght.,rn'; I"SI IC':3, ; I-,•r.rr 1 d in Pl:rl 0.,%k 12,
Pogo 100, Public-=l.ar:., of: L.,'— Co'.Jnty, F1, '
nso�
b
Vz
�o'T
BILLS PAID
Alftk
NOVEMBER 19 qP
Alnddin Dust Control, Inc.
(Janitorial Supplies)
American Water Worka Assoc.
(Dues)
A B C Fire Equip.
(Fire Equip.)
Allied Univornal Corp.
(Chemicals)
B & it Sales
(Inventory Supplies)
Clemento Peat Control, Inc.
(Pest Control)
Clermont Builders Supply, Inc.
(Cement Mix & Building Supplies)
Clermont Hardware & Supply Co.
(Hardware Supplies)
Certified Slings, Inc.
(Cable)
Curtin Matheson Scientific
(Lab Supplies)
Cox 011 & Sales Co.
(Petroleum Products)
Clermont Auto Parts, Inc.
(Auto Repair Parts)
R. C. Dunn Oil Co., Inc.
(Petroleum Products)
Davis Water & Waste Industries
(Chemicals)
Electra-Troniea, Inc.
(Valves)
Ullman Battery Co „ Inc.
(Batteries)
Eckord Drugs
(Office Supplies) q
Freeman Ili -Lift Repairs
(Auto Repair Parts)
Fla. League of Cities, Inc.
(Tickets)
Fla. Telephone Corp.
(Utilities)
Fla. Power Corp.
(Utilities)
Gem Chemical Co.
(Janitorial Supplies)
Goodyear Service Stores
(Tires)
General Electric
(Radio)
Hanks Electric Co.
(Wire)
Hughes Supply, Inc.
(Plumbing Supplies)
Hach Chemical Co.
(Chemicals)
llovis & Baird
(Legal Services)
Ileintzelman's Truck Center
(Auto Repair Parts)
Hunts Garden Center
(Dog Food & Chemicals)
Hilltop Stationery
(Office Supplies & Towels)
Highway Equip. & Supply Co.
(Auto Repair Parts)
Inland Equip. Co.
(Seal)
J H Matthews
(Memorial)
Jackson's TV & Appliances
(Equip Repair)
E R Johns Industries, Inc.
(Sand)
John's Radiator & Auto Electric Service
(Auto Repair Parts)
Jacks Garage on Wheels
(Road Materials)
- Jim Willis Hardware & Supply
(Hardware Supplies)
Jack Pollock Chrys.
(Auto Repair)
Jerry's Lock & Key
(Padlocks & Key)
Kennedy Co.
(A/C Maint.)
Leesburg/Commercial
(Publications)
Lake Apopka Natural Gas Dist.
(Utilities)
Leesburg Tire & Battery Co., Inc.
(Tires)
Lake Co. Board of Co. Comm.
(Landfill Charges)
Macasphalt Co.
(Asphalt Mix)
Motorola Inc.
(Radio Maint.)
Morgan's Auto Parts
(Auto Repair Parts)
Monroe
(Office Supplies)
NCR Corp.
(Equip Maint)
Office Equip. Exchange
(Maint Contract)
Office Products
(Office Supplies)
Olivenbaum Insurance
(Insurance)
Orlando Laboratories
(Chemical Determinations)
Press Time
(Office Supplies)
Power & Pumps, Inc.
(Impact Wrench)
Reliance Electric
(Seals)
Ross International Supply Co.
(Office Supplies)
Ed Revis Auto Parts
(Rotars)
Sears, Roebuck & Co.
(Utility Building)
Shepard's Inc. of Colorado Springs
(Law Ordiances)
Shelfer Ford Tractor Co.
(Auto Repair Parts)
Standard Auto Parts
(Auto Repair Parts)
Springstead & Assoc.
(Engineering Services)
Triple X Products, Inc.
(Potting Soil Mix)
Whites Home & Auto
(Filters)
Williams Distributing Co.
(Auto Maint Supplies)
Zee Medical Service Co.
(First Aid Supplies)
19.43
100.00
42,80
162.00'
812.34'
11.00
260.93
67.90
52.42
23.05
126.93
192.26
2775.82
1545.95
212.25
37.65
27.67
344.64
32.00
572.52
11527.39
45.60
902.20
523.00
3.00
212.89
36.01
452.00
61.64
46.39
577.92
12.73
11.92
36.00
3.64
10.80
11.60
60.24
6:.36,
103.66
138.48
119.52
20.35
10.12
200.00
936.00
107.14
279.70
61.60
12.76
284.05
74.00
51.72
180.00
136.00
42.45
104:96
246.40
144•. 00
60.00
769.18
50.00
47.56
148.98
597.98
142.50
3.18
181.50
19.80
27234.50
TO: City Council
FROM: City Malinger
SUBJECT: Clean Community Sys Lam
DATE: November 29, 1979
Enclosed la a lint of nominees for the Clean Community Commission.
Thin list was prepared by our Project Team and each nominee has been
:interviewed by the Committee.
The final reading of the Ordinance establishing the Commission will be
at the December 11, 1979 Council meeting.
Sincerely,
George D. Forbes
City Manager
xe: City Clerk w/enclosures
11-27-79 Agenda
vJl
Novombor 23, 3.979
Mr. George D. Forbes
City Manager
City of Clermont
Clermont, FL 32711
Dour Mr. Forboot
The following named pornona have consented to servo as
members of the Clermont
Clean Community Commission once it has boon formally ostablinhod
by City
Councilr
Member Aroa of Interest
Place No.
Yrs. Term
Sue Heston Buoinons/Induatry
1
1
Oakley Seaver "
2
2
Ray Roberts " "
3
1
James Law °
1+
2
Mike Conley "
5
1
Bonnie Homan Community Organization
6
2
Frank Trolls
7
1
Robert Johnstone " "
p
2
(to be filled) "
9
1
Tom Honaker III
10
2
William Cockroft Education
U.
1
Dave Lofgron
12
2
Gerald McLean
13
1
Hazel Johnson At Large
14
2
�5
1
William N. McKinney
You or your designated representative shall fill place
number 16 as an ex-officio,
non -voting member.
It is respectfully requested that the names of these volunteer workers be presented to
City Council for confirmation of their appointment to
the Clermont Clean
Community
Commission. Place number 9 is left unassigned pending
a decision by the
Clermont-
Minneola Chamber of Commerce.
Thank you.'
ROBERT W. WERTZ
Chairman
Clermont Clean Community Project Team
541.0UUUU +
15.OUOUO -
52G.000OU
74.000UU +
3'1.ODUUU -
43.00UOU *
1r980.ODUUU +
1'945.000OU -
35.ODUOU
59.OU000 +
35.00000 -
24.00DUU
CR
TO City tAU11 C 11.
FROM: City Manager
SUBJEM Water Report
DATE,: November. 23, 1979
In reviewing the water report prepared by the City Engineer, I would suggent that
the City Council seriously consider funding Phases I, I'I, and III. This would include:
Phase I: (1) 500,000 gallon sLorage tank
(2) 12" main from Chestnut to Desoto
This Phase is necessary to provide adequate water storage for
the City's present needs and future growth.
1980 Estimated cost: $ 570,558.25
Phase II: (1) 12" main from the Seminole Well to the Highland 'Tank
(2) One new Well
Phase II is necessary to convert the City to a one -pressure
system and provide an adequate supply of water. It will also
assist in alleviating the "dirty water" problems caused by
high velocities through small mains leading away from the
Seminole Well.
1980 Estimated cost: $ 621,335.17
Phase III: (1) Additional 12" and 8" main through the Central
Business District.
(2) An 8" main on East Avenue past the school
(3) Two 8" lines between the transmission main, south
of Highway 50, and the existing Lakeshore main.
As discussed in the report, Phase III is less critical than Phases
I and II. However, it is important that this work be completed
since it will loop our present mains and provide adequate design
flows.
1980 Estimated cost: $ 343,530.00
TOTAL COST OF PHASES I, II, AND III IN 1980 PRICES: $1,535,423.42
Phases I, II, and III are needed as soon as possible to insure the proper functioning,
distribution, and quantity of water for the entire water system. If the first three
phases are constructed concurrently, Phases IV, and V (a second well and additional
transmission lines),could be added when the peak demand for water again approaches
-1
the City's capacity.
Sources of Federal Funds.
There are primarily three grant agencies in which water improvements are eligible
items. however, just because an improvement is eligible, does not mean it is fundable.
In order to receive funding you must meet the agency's criteria for receiving grants
as follows:
1. Housing and Urban Development (HUD). Water improvements are an
eligible item for HUD Community Development Block Grants. This
agency will fund 100% of improvement costs. However, to receive 1I
such funds, a community must target the facilities to be con-
structed for the benefit of low income persons, not the entire
I
Witter 11uport
Page Two
November 23, 1979
City. The HUD program is also heavily weighted toward housing
lmprovemenLs,and without targeting housing assistance, the odds
of receiving funding are negligible.
2. Economic Devclopmcnl Administration (6DA). Witter improvements are
❑n eligible item for EDA funding. This agency provides up to 50%
of the project costs. To be eligible, the water improvements must
be designed to serve an industrial park or users that will save or
provide new jobs to a community at a maximum grant rate of $7,000
for each new job created. Presently Liters would be little or no
chance of receiving funds from this agency. The only exception
would be if the President had a third round of the Local Public
Works Program that ended in 1977. This program was implemented
due to the high unemployment rate, and targeted to areas of high
employment for a broad range of public projects. The City of Eustis
received a grant for their water system from this source.
3. Farmers home Administration (FmHA). The Farmers Nome Administration
serves areas of population below 10,000. 5% loans would be available
to the City with a maximum payback period of 40- years. - Also, grants _._...
up to 75% of the project costs are possible to cities with low/medium
income levels. I would suggest that the City Council allow me to
prepare a grant:/loan application to this agency for Phases I, II, and
III. The sooner our application is received, the higher we would be
on the list for funding. We could then investigate our possibility
of receiving a grant/loan, and re-evaluate our financial position
once a final determination is made.
Financing.
Assuming the City were only to receive a FmHA loan for $1,535,423 over 40 years at 5%
interest, the yearly payment for the first three phases would be $89,481.63 This
would require the City water rates to be raised to cover this amount. Presently, the
water system revenues subsidize the sewer system by $69,742. In the long run, we .
should look to setting both the water and sewer rates at a level in which each fund
is self-supporting.
Conclusion.
It is important that the City carries out a plan for implementing all phases of the
report. As the City grows, we will become ineligible for FmHA loans and grants which
are targeted to cities of a population below 10,000.
I believe that our best course of action is to seek rmHA financing, and upon approval/
denial of our grant/loan request, re-evaluate our position. As you are aware, we will
also be required to construct improvements to the sewer system and the final costs
of both improvements, and their impact on the City, must be considered.
Respectfully submitted,/)
George D. Forbes
xe: City Cleric 11-27-79 Agenda City Manager
�1
E
li"ld . 19ox 922
Clermont, 1.1orida 11.
r.`ngf ml;er 2'i, 1'779
i
Ihonr fin-mr nnrl CnunfOlwon:
1`n Drmvb,:r '151.h, 1°Tl nt, 2 I'J'' Clermont vri.l]
Y,o holdlnl their Chrintmnn Para.le, It i.n our hope or
that ,,oil will. honor uc wi tli your otbeurlance in the �
paradn,
I would li.ke at this time to exprc n.; my deopest
apprer.ioLi.on for your dona:tinn to t.hi.s parade. If ;you
have noticed in sopj,::, of the articles T havo tin 1tten in
the newspnpers this parndc promises to be one of the largest.
19ithont your cortribntion :1 would not have bomn_able _to
aecure the presence of.' the various school. bands throughout
LnLe County.
dr+aln, I want to Lhank ,von for your cooperation.
Very trn17 ,yours,
ilichelle J. Delaney
Parade Chairperson
TO: City Council
FROM: City Manager
SUBJECT: General I.inbility Innurnnce
DATE•': IJovumber 27, 1979
As requested at the lant Council nmeting, the City'n linbil.ity insurance in on the
agenda for this Tuesday's mcetl.ng. Attached in it memo and information by me and
the City Attorney on this matter.
Sincerely,
George D. Forbes
City Manager
xe: City Cleric w/attachments (11-27-79 Agenda)
T0: City ill cll
FROM: City Manager
nil.IP,C'r: 1.1411)iJ 1Ly l»uurancu
DATE: Octobor 19, 1979
Enclosod in it .letter I7rnn Lilt! City Attorney rel;ardIng gilt- CILy'a 1,1111)111:y Ilit] uranca
and the limits of uuvereign imnunity.
Dtr. Baird status that the State Statutes are very spccifle in l.Imitl.ng muoicipal.
liability to $50,000 per permits, and $100,000 per occurrence. However, two O rculL
courts have rolod Clint the Statute is unconsLltutionnl., and unLl.l. Litt! Supreme Court
rules on the conotitntlonal.ity of Che Statute he. reconuncnds ghat Lit(! City not: rely
on the limits cited in Chu Statute.
The City presently han it complete insurance package wl.Lh Aetna Innucatrce, Lh1it covers
tile. C1Ly'14 bu'llding and cnnLentn' equipment, automubilr., and yenora.l l.iabll.il:y ln-
suraucc.
The City's general liability insurance covers $500,000 per accident, plum $100,000
property damage. In addition, the City has an umbrella coverage of $1 million that
covers nay liability exposure in excess of the $500,000. This means that the City's
total liability coverage is $1.5 million, plus $100,000 in property dammge. The
$500,000 general liability insurance will cost the City $16,674 this fiscal year. The
$1 million umbrella will cost $8,189, thereby bringing the total cost of liability
insurance to $24,863.
If the City were to reduce its liability coverage to the statutory limitations, it
would reduce the general liability insurance cost to $13,966. However, the majority
of the savings would be from dropping the umbrella policy, since the difference
between a $100,000 and $500,000 general liability policy is only $2,708.
in checking with other cities in Lake County to find their general. ].lability coverages,
I found that Eustis and Mount Dora are presently insuring only to the $100,000 state
limits, while Umatilla and Leesburg both have coverages that exceed $1 million. At
this point I checked no further, as it appeared to me that each City's amount of
coverage depends on their perception of the State Statute, and the liability risks
each individual City has.
I agree with the City Attorney in that I would not recommend the City, at this time, to
reduce its coverage to the statutory limitations. However, if the City wishes
to reduce coverage, I would recommend that we eliminate the $1 million umbrella, there-
by reducing the general liability coverage to $500,000,and save the $8,189 umbrella
premium. The total general liability costs would then be $16,674. In this manner.,
we would have enough insurance for all but a catastrophic claims judgement.
This is a situation that warrants close watching, and at such time that the Supreme
Court makes a ruling on the constitutionality of the Statute, the City should again
reconsider its total liability position. It must be remembered that the City has a
$1 million lawsuit from ]Jest Beach filed against us, so excessive claims still remain a`
a possibility.
Respectfully,
George D. Forbes
City Manager
GDF:js
10-19-79 memo updated 11-23-79
M➢xr�tx�v .+:vu ➢i.�.rrrrr
AtTt'n.IlL Y13 AT I.AW
nU P! UII�C .: l.n.w 4'n nNi.
II I.M If DI IIYT. YI./I If111A nurM .f.. N...... PN� ,tl♦ I�oN
O RON.)t L NOwtl
R[ONINPn P.�FII. JN
October 11, 1979 !'
Mr. George D. Forbes
City Manager j(
City Ball I1
P. 0. Box 219
Clermont, Florida 02711
ltu: MUNICIPAL TORT LIABILITY
Dcar George:
Pursuant to the request of the City Council I have reviewed the status of the law
relating to municipal tort liability and the limits of sovereign immunity. My research
included conferences with Claude Mullis, counsel to the Florida League of Cities;
Florida Statutes, 1978; Florida Statutes, 1979; recent Florida case law; Plorida.Bnr..
Journal articles; and otlfer periodicals.
Enclosed is a copy of Florida Statute 768.28 which outlines the waiver of sovereign
immunity and the limits of the waiver. Section 5 is very specific concerning the limits
of liability of $50,000.00 per person. As to this date, however, the statute has not
been tested in the Supreme Court and there has been an argument advanced that the statute
may be unconstitutional. There have been two circuit courts which have ruled that the
statute is unconstitutional and these cases should reach the Supreme Court in due time.
It is my personal opinion that the statute will be held constitutional, but I would
recommend that the City not rely on it until the Supreme Court has ruled.
Also enclosed is a copy of City of Pompano Beach vs. Lewis which concerns the legislative
claims procedure. By this procedure, an injured party may petition the legislature to
pay amounts in excess of the limits of $50,000.00. The legislature passed a claims
bill awarding the injured party an additional sum of $15,000.00 which was to be paid by
the state, but out of the City's revenue sharing funds. -
The Supreme Court ruled that the legislature would not do this unless a special act
was passed which included notification and publication in the local area. Therefore,
there still is the possibility that the legislature may be able to pass a special act
awarding an injured person additional sums if they used the appropriate procedure.
Also enclosed is a copy of a recent article in the Florida Bar Journal concerning the
types of activities that fall within the waiver of sovereign immunity. The d for
insurance policy should be reviewed to insure that no premiums are being paid for the
types of activities outlined in the article.
Mr. Coorgo 1). Forbe❑
City Manngur
octobor 11, 1979
1'ngo 2
My recommendation i.0 that Lila City should not rely on the limits cited in the statute
until such time no the Supremu Court rules on the constitutionality of the statute.
Very truly yours,
L14oNARD 11. BAIRD, SR.
City Attorney
L116/rpe
') TORT9 q 76b... , l
11 In Metal
New wronl1trfill #It net whh;n ru• awnrn NAIhnI- for wrnnsfnt anvil,
Vm".' wto Nl.11,,, W"..'JlA1 Ilrnlll Nlnl• wllrh Artier 1rinr In IhNI Inln. Mn•
uln and wlulh N11lerlllen Y Anon nHl 9V' It {Amu inrY, 79/ nn..7A U UIIU.
IIY In W1.111N At Il rlllb. nralllfllll( IrNllllp pl ill- III Iv ,Is l lire III1Nllnrl,ll'111, IIt1 1In`"w
IN e1111'1I1'n Itnllr Of Joly 1 I/lf 111,1'I IIAI w/r,Ax(11 lIe NIII Nrl MnN ,1 fnlIn
hill IAllln ryl IIMIIIN ill NI'llell IAr Wrllll rellNflll llNplll n1a 1111 xn Illln ,,, (site•
fII 31 (( II q W tI (1
I,IIItrij ll N'111111e wrenN�lllnllVill,lil.l lair% nlnl In pailn11111wr11,I Nhln1,Y lnliln^',mull
761120 Waiver of sovereign Immunlly In tort actions; recovery limits: Ihnl•
fallen on attorney (tail statute at Ilmllallensl exctuslons
"I in itmordnulo with Ovellou 111, Artlele X. ehlfe rmisllttdlon, It... rule,
for 11tell, And for IIN Ag.orivs or sulNllvininns, llrrehy wnlres wlvrrelun
Immunity for liability for lwlp, hill only In the .sleet H)HA'Iflyd In 0b14 Art.
Arlinns Al Inw• nmollmt the Hill[(, or tiny of Its Agenrlla nr HIIIN111'In ullm to
rei I, r dlllA llgell fit fort for money I onolgen IIpIllpMl 1110 elute or Its ogrnrl(,s
or enlldl%Ilion" for Injury or Isom of prolwrly, pernntud Injury, nr denth reused
Iy Ihr urmllgenl or Wi'ong(Al Art or ninbA41,11 of tiny etigdlYce of the Amenry
ur suhdltlNlun while Inthltt wilhlm the ornpp Ili I H offlre or rugduyuA'ul under
1' IrvollmmllltlN In w'blrh Ihr "into or such Agpney or mub tIvIston, If it prH'nte
IH'1'xl,ll, uIlllld IN• Illdill' ill III' fIIIIIn It11t III oveordnino Willi tho genviri l lawn
Ili 1lliH NIIIte. Amy IN• propeented subject Ill Isle IIIIIItI11lons NIK'Otled In tills
Ill'1,
IYI As unrd In lilt. net. "minlp niteurle, or HnlNllvbdnns" 111011dc the cxocu-
llvo dppnrnnpilrll, the leglidi lure, the jodlrinl brunch, unit Iho Indepeudrnt re-
laidlNhnlenlH of (lm stele; counties And uuudrlpu ill lei; And owlsornllmm
priuutrlty or110g As InAtr a ivAlallllrH or upliele- of Ihr slide, MonlicN, or Am•
AIC4n17111rs,
Cif Exrrpt for it At let lull ly, Ihr nf!erled ngrury or Iu11Nlh•INlan Amy, At
Its dlserelluu, rrqueAt Ill(, tismitullle of the dpporinent of Iunurunve It the
amlddrnd loll. udJlmtmpul• nud splllptiu-tit of nuy clolm under this let.
(1) MhJml In [III, provimlooN if tills Nectlou, Any Nnitp Agency or sobdivi. _
slOu of Ihr, strip sludl hove the right of npixelling tiny nwnrd• cumprmuler,
selllpment, or dett'n iluallou to Ihr court of opprullrinle jutlsdlrtluu.
151 The lint. And Ill Agencies nud subdlelldums shell hp llnble for tort .lulus
It, Ihr solar Innunrr nud hl flu' nunle extent tin A A]%,ut' buliclluul under Ilk.
rlrruuml nitres, bet Ih11111113. shall tint lArIlldl' pnnilive di n itmeN or Idrnmt to
the periml Prinr tuhleo Judguu'nt. N(,Itlun` the stele nor IIN umrncles or nubdivl•
slue+ sludI Is' Iltit pay itebda or itJudgnumt by tiny out, person which
rx1AHH1A Ihr sum of $Rxl 0,aor my elnlul or jodmacnt, or Iortlons thereof,
wblrb when lidded trill, All 011ie), chdmA or judgments pttlll by the Ntate or
Jim Agencies or subdivisions ariHlnit out of the MAIL Incident or uccurronrp, ex.
1. the Nutil of $100,IHH1• Ilmwver, A jnllgaput or lodgmentm may he elallnrd
err
mid rendered In exams of three mnmmtN And goy be settled unit paid pilrsu-
Ant to (hbl Act up to SNI,000 or $100,000, OH the crse may 11p, and (lint portion of
Ihr judgment (hurt exrx-eds lh.np nnmunts may IM m1wrted to the IFglHlnlure.
hill nuy he Veld to part or lit whole only by further net of the. TvglHlaturv.
The Ilull(ntluus of If lbinly Net forth lit this sublectlon ..hull apply 1p file Ntntp
nud Its AgrilcvN unit subdl"Idnum whether or not the Ntate or Jim agencies or
mololI.INionK posme"mi'll wlverelmu Immunity prlor to July 1, 1074.
(0) All Action xhull lint be Instituted oil a clolul ugnlnet the slate or one of
Its nnencleA or tmbd IvlH;ons unless the claimant prew.nlA the claim In writing
to the Appropriate Agtmcy, nud nlso, except AN to any claim Against n municl-
pulity, presents such clubs In writing to the department of Insurance, within
three yenre after such cinlnl Aceruem Iced the department of Insurance or the
Appropriate agency dcnleN the clnlm to writing. The failure of the department
of insurance or the Appropriate agency to make final disposition of A claim
WI,11131 six (0) months after it Is filed shall W deemed a final denial of the
calm for purposes; of LLIs acellou, 'rho provlslona of this sulmectlnn aball
not Apply to such clnlms no may be asserted by counterclaim pursuant to
twellon 708.1 4, Florida 8latutes.
171
)r,1t If ,t
jay � n 1 )�� � •
M�f♦ 17 tf7l:. I
•ro 1 ��F� �'��Mltt �1 1.
it h i 1
4 768r28 TORTS
171 In nrl lour hrnnphl purmunul In 16PI mrctlon, prowioi ¢e Re hull he oleo
Ihr hru0 of I agency rourorrim anal also, except III to itdnfcsidonl lotolld.
lip
unit)•, ¢poll Ih1' drpu lllurld. of Illnul•n tiro•, and Iho depnrlmr)1t or ttu) alluary
nnrrrurd Alull hoer thirty 010) doyen wlthln which to plend llivrow.
(HI Ka nlluroy nail)' clugte, Ilpmnod, n'coh'r, or collect, for sorvhcen rep•
dered, to, Iit om vss of twentyflvo (um) prnrnt of nay UldRlllrllt or Rrttlrousu.
1111 Nn nfflrrr, Dm)doyty, or ogloa of Ills eodr sir Its mnbdlvinhonm mludl to?
hrid prrnnnulp• Ilubiv In flirt for lilt)' Inprrlrn or donunom hoffrred as ifrcwdt
i
of any urL even, or molnRlon of action In Ili,, scale, of him olnplaymrnl
sir fnurllnn, unlrmR much officer, employer, or aloof ncted In Ind Idlh or \Atli
umllolonn fowl oar lit is summer extilhitlug wonnm and e•IIIfol dlsregnnl of
Inunnu rlNlds, snfel,v, or properly. HmdoJ-t In Zile manefllry Iludhdlnun set
i
fortI bl so -ecdusi bi), Ow slab sludl ply tiny Ino n inry Jodgmont which Is
.
end
rhrered lIt,el n vll nelloo pt•r.nlutin rr llly against nfflrrr, lvrgriny, or agent of
(
Istate which nrixrs Its it result of ally act, evrnl, or msilmmloo of ncllnu
u9lld❑ Ihu• sVopt• of his rupdopovill or funelino.
(10) lsnvm allowing the state. or Its agrarian or wllidivislmm to tiny Inner•
ante err still In fare(, nod vfferl and at,, not last rlrtrd In silly way toy Ito!
Ilo•nim of ltilm net.
(11) Every vInho agnlumt the elate or ono or Its ow-liclrs or mnbdhdxlons for
dnnmgoa for it tlrgllgout or wrongful art or and.slou pormnnut. In Ills owlloll
ntinll Im• fon•crr hnrrrri uulrxs Ihu slit nctlau Is ruuuururrd by filing n vital.piniot
lu mr till, c4 of n ipiol rlatr jorlxdletlno u'Itllin four yrnrm nfn•r much
claim arrows.
- (1^I Nn netlno limy Is, brought against the start, or tiny at Its agenctrn or
_... '.:. ..._._::
1
no.Ilielmin Is Iry nil •our \vhn lollawOdi! • Psi rtirlpnlrs In a rant, wabnr(ul ns•
nembly, pultlr dcuunrmt rullou, mot \'lolrncr, or rlcll 11.a1sgII r'o If tau• rich
o rlmrs out of mush riot, nnlowful nxermbly, pnbllc druunlAr Ilan, mob tia•
lence, ar el\•II 111mU1grl lt'lll'l•. Nallllog to till. 1let shall Illo'Idgrt traditional 1,1)-
l
uuodllem prrinhdng In mlsilrun'utm mnda In court.
I I:I '1'hr mtulr and Its ngeaclrs and nolglivislons are hereby nullmriml b, la
srlf•lusnnrh 10 ru I'r Into risk uaangenlont programs, or to purclutso Ian-
Idlly I nary far e'hoo'ver tvecrrgr Only only Vl o,isr, or to have tiny %voh
Ise
binnllnn fhrrrof, Ill nnllelpntlon nflI tiny claim, Judgmlmt, and cudmm hill
\\'Itch Illry Inlay Ill. Ibdrle to Illy foll'mlllult fn this mr(.tloll.
isms 7073, c. 73-:11:1, 1 1. off. Into. 1, 11)7r. Aarnded by Lnwm 11171, c. 74-21,..
j M
t 1. 1-ff..11113 1. 1074; 1.11 ws 107, 7, c. 7T-A0, 11 1 to :1. err. .1 it J, 3077.
{
I llrankufed aorde uuhellluted by division of statutory revinlon for the word
••fur."
I—ol 1971, c 71-235. 1 1. nntnmllnR Preamble (Lew. 1077, c.77-60),
'• `•
nu tine., f9), Inca ude:l agents an persona ••\\•}I1:7tI:Am. Cltealer 77-713 end 7/-
ho hall Cal bin ,ersonally ll bin fur 2.5. Lawn of Florida, crentlnr earl nub•
t
dcecrllrcJ a In oast Arlerl it,. Innt Ron• qunntlY nn IInR section, 719.S9 and
Irnr°'
Aea, oleo, t 7G6.161. 7G6.30, 1'1.rlda stations, wnlVerl the --
a' "a ImmunllY f -thin Into A Ian
I
IAwe 1977, c. 77-t0, IdnJ VMvlRlana ngenclem or subdlvislons for limij Illy fur
onlnlned In aubn0c. Iniarled ar torts, rtnd
its n,oenclOn or xubnlrleloni' In the eery
"F '
lid manes and added faults ern- '•\G'111iilinAA, In rnncllnR oration 7G1.•
-' S
i
uhu 29, Vlnridn AmtulOs, the Lt'R)slnlure
lento to hnec, le), r pcoi;d fanner
t
cline rl� Inlen,IcJ It) Innku Iha Inln, tl�e
nu been. (NO), and fnnnOr uhsece, till uar1r, I, s d the munlcl lilies Ilehla
In fl]I edrRlRn OIeA na Ubnen. au
for
(!Veal" rfl lit I In,61.1977. li.....Od or c1olmR In Ihq enmo outarnr and
nnhnec. (lUl provinnJ: to eta name tent - a prlvale Indl•
"(Im If Ihu nlnln r Its Rnnc), vldunl .,far like alrcutnelnncam• and
le
Ionic RRninel Ilnhllllr '.\VHFfI['AA, tin Florida fluDMmO
uh IlU)n Inn
for C'aurl In Flehrr I.City of Allman Ima.
}y
Juma^cn for nY neR Ilan nl a
net. nirinalon, r tecorrance 1065)), 172 Ao.2J IG6^ In,llenled llut the
foanRful
r u•I,Ich action any he Lrousght porno• LORlelsture cotnd restrict the amounpnt of
in itutiloolly munic nS
not to till. ee nun, tbue the Ilmlantlone rullllout uneen
t
Irroulrlit tot re-ar)tda-ra el: Iherefurulo the elRht of n Individual to receive
enmpenRntlon for Injuries•
the relent such policy of Insurnner ehnll and
pro, a uvernRn. AgrtOncica or f AIIInal •'\V11 F1tEAfl, Ihu AllarnaY Oanarel, In
�
soon preaenll as homnRennnua ,in opin lam nl)mber 076-11, dnlnd POL-
risks any Juln laRelher to Dumhsee In• unry S], 107/ failed to Meo�rnine the
Ru rn a ttraleellon to pravi,la the; basin for the llonllallon of JIMIlity t
l
r
manna o muslin r obl)gallnne far Clam- Earth In aUbeecllon (5) of nation iG1.11,
oRan es by
! a
provided till. act." Flarldn 6tallllee, anJ
172
I
1
STATE
I-,X III ( \j lllr 1't1111'ANIf Ifl AL'll r I �'wi 41a,
L ��
Ji n, rt., snn;wa t unn
tilt- nude n canna nhnrllly, trust
ing comptroller
to rump the xulii of ;.1 ON1l1 xhitre of
fund. ' Stellun 2111',11 vt ncq., I'Inrldu Slat -
61cil wile %'Ilhheld
front the cily54 nhure of
bunt fund. Thu utux, The allernaliv, brit wax Insued by
the mote revenuu•t,hnring
5uprunw ('curb
Adkinx, J., held lll,d "noel. lhlx Courl and the 1'mulornlll'r hurt filed hi•
fr,ruit
of Ieginlnlinn
nppruprimoll! rolornlllvlith+InmlinashI; p1rWv hnrr
menu
of rt t city
to city
or rioo f i min nrlIt (or l In uril,diMwo, nit Ihv nhtrnativv Writ of Man
of 1'olnp;um Ih u, h fur per Il.0 Ar.
Iw• paid
lw
lose n( rolnpvnxutinll
wax dirc,•led ton male nffi,cr.
rnnbn•ist wb„ won ul Ilt Iv V. S,, tom 8(bllfq, I'lol ido Cunelilulinn
Vckcd and injurtvl
by riolcr..Iml who al•
from tit,-
legvdly teen not
warned cold prot„trd by 1•11in .,on of flfi,000 won pool
trod feud fur nulnicipali-
Itwnl hlw unhrn•enunit
o(fiei:d+, wn. a "o-p,;. re ecnac I.hmiog
the of CIug1U r 77
ci;d law" requiring!
prim pnb r b,almo of no. lira under rrquirrno.ms
dt1U, I,:nv:l of Plulidu, a„ A, -I "fur III! relief
I tin' or provision
for rrfurumhlnl
of M1ti.•n; Ali—floll-IY". 'I'hc A,•t Ielnl'I AS
{'urcmpblry
t
writ shoubl Isar.
fulluten:
'.) 30
WIID:It I:A1 un nr h,,A 1-
Mar.-I, 21, 1971, at ., rwnival held on
1
N.1t' GIh Slrerl in I',00pmm. livorh, Rlori-
i
I•:nuclna•nl
of Irllid:dur,' apPi'goiolil,l,
,la, a riot 1,-yau llc,t ,1n, :0 through the
y
IIJ,INNI out of
rcccnuc•shurinl; funds sncv,l• arml, end
ulyd to be paid
ily o
In rf I',nnp;lnu Ib ac11 WllEREAS, Nor, Moc Murray wl4
.,.I
.
by lolrlwlno of
runyu•nanting undori>.l who
it, hrr of
int;tlt
was otba$ed
Aion
rnr sl N'
and injurad he rod, rs and N.W.d
N.1V. Glh Slrrnl and N.1Y. loth Avenue,
who olluge,py
was not warned :old prated- MW Lhlek (Togo Ow varnic:d ;it 10:80 It. nl.,
lVl It). Meng low
l-nforc,-n nI offo mlx, w':Ix II :Ill,l
of
"epcciul bow"
requiring prior puldicatiolt
for refurandum. \P "t'n t4111i10-MS, a group of riotara tit the
I
f
notice or pro%i+inn
218 20
inW1II lion alam:d Miss M1Lorray'x car,
ct ncq.; 11', :.is I•' S ,\.I'o "I'
F.S.A. y
lot. S, § ;10b00f'1.
banking iiv windn,es ❑nd hitting bf ill
Lnwx L:177, r 77 49u' Murraynd
Llrray ncernd liuu•x with r„ekr,
_
.:. _..
tics pubbc;Wnlo
woods nod I•hl uI wil l-AtVAS, aft • Mi• Murray wax
i
I for other
jediemi .....situ, lam•. .,wl
by token (runt the
drbmtoms
t�N'hIU
- rracee.I the pulirl• and
srcnv, Owuml, ucrriorm•d and mot fin, W
2. stelulen
the rnr totally dexlnrying it, and
rrlaliug In purl,, ,kr persons
M
A statute
W ll l-AtKAS, 1li,, orroy ,omtoinvd
•uhj,•rls of :1
or things or other
",)K
particular lareralions and a 4till fracture which
-od la"', ru'll"riot! I,I'Inr pob.
ill
'J.", Ix It
brll Ilaologe olld
resulted io pbra
licntinn of entice
or provision
ovisn for rrfrrvn- affeclod her speech and tht. eve of hrr
t
Wt,st':,
FS A.1'uns L. art a, g 10. art. rinht baud, ❑nd
1
1300 Plu. IIIiH 5CI1'I'III':IIN Ill•:I'llltTEll, 241 SRIt1i{S
I
14'III:kF:AS, the Slnh' of I+luridn h:e, n
Irr('mholl is coroliliont,d to become effa•
moral obligation In !nnlpunsale M1liss Mur•
live only upon approval by vote of the
ray heeause nhp Imo, an Innorcnl vlrtill, „f
tilt, violent crime,
rll'rUu'a of the area afrortLYl:'
cold
%YlIERI';AS, the dnnugl,'s nuatalln(',I 1.).
X.
Aniisfol o"":on l'lgbal
1
>
ore I% he $.'10.',,i!l7,
p1.4
Inw" ns fellows: "'S)a'cinl low' mrxns
law' means a
and known at mile
old it Is known that milt. has no rl'rnnrso
nllw•ial or local law".
oxvapl Ell lhu le'gislulurc, NOW,
In Dickinson v. hoard of Public hu(rua
Tllldkl'IF'Clil{,
lion of Undo Cilunly, 217 So.lnl W1 (Fla
Bo It I'illavIcll II)Iho IRgWatilr' of the
I968), (hill Court held constitutionally i0il-
i
r St,do of Florida:
id an Act which directed payment of cum, ;
Section 1. The filets staled in Iho
I,elotalion to an individual uutof fundsspo
preamble of this act all. found nnll dc•
('ifically ❑pproprialed to a county because
Glared to hL true
flit, Art Was iounseYl without prior publics•
Beeline ':. Thu sum of $IG)NNI is
tinn of notice or referendum. The Court
'
I
proprialell not of hinds in the
L'(rllxld(!rl'(1 wl'L•th(.'r Chapter 67-677, Laws
revenue
sharing trust fund for municipalities
of Florida, 1967, which attempted to root-
scheduled for dislribulion In Iho City of
featsnle it Rather for the wrongful death of
I'nmpnno (tench for fiscal year 1977 1978,
his chill, and which directed the Stilt
Elihe lidMurrayas r(
p; to Miss Alice Murra•lief
L(nnptroller to draw a warrant "ulwn fund
`
for injuri(•s and Ibunnlpw snsulincd.
in tit(' Slate '1'r•asury due the Qoanl of
_ ,..t
-Section :1. The Comptroller
.._-
Public In•truras lion of Uudc Glmdy"ws-
is dircrl'''I
to draw his
local (slnrcia9) low. This Court held Ihsl
r
warrant in favor of Miss
,f Alice
said Act orals a local (special) Inw within the
hlurrtly in the sou, of Igip11) upon
r funds in
cuntengdoti,nl or Article Ill, Section 21,
the revenue sharing Irust fund
fur numicipnliCe•, in the Sbne 'I'roasl'I')'
Florida ComQilulioI (JAM) carried forwanl
9' lint the State Twasomr Is dircelr,l
by Article 111, Section Ill, Floridn Constitu•
In pay
,, file ,;Ill nut of such fund."
Lion I19tK). 'Pilo: Court states tit 217 SON
55,1;
t
7
The Cit) It,(, old noollhly pmo ( Ill,
from
(hapl(•r 67 07, supra was a local Inw•
the re,o nuv ,haring Irlsl fund 'Pile
I,
within rnntempl:,tiun of F9a.Conl, arL
,carronl rccvivvd l,)' lilt. City fill (It. mmltb
III, K(ti. :; 1, F S.A. It was aloe 11 a1xY'Ia1
of Joly 11177 was reduced in the lit I of
Inw because it rotated ton parliau(er'
$I5,13M. Thu City Ihc❑ brought this (lrlgi
por, I in cnnncrtinn with n specific silue
nod 11•nrroding in Mandam,rs to rv.1 [lo•
,
lion in which that person was involves]. .
:.� 1'"'"Iccolll•r to issnc a warrant O,r this
II wos also :I Hovel law because it affected
un, out- 'I'hv (tilt' conked, that un A,t of
'
only Iholc County and made an nppro in•.
1 . the I,, I;I.Intiu'o afild, Inak,s nil appr, pre(-
t
:Ilion nut of ,Iw'ciric funda due to the
tool of specific funds to alit indicidmd front
the
schools of Mutt cnunly naly." (citation..
.;( mcenuc shaving trust fund is n xprri:d
omitted). .
l:111 within lhv purview of Article III, Kee-
In
., lion Ill, Florida Collstitutia 1, requiring pri•
considering a similar Act in Dickinson .
It
or publi(•;Ilinn of notice or -Won
Br:illloy, 298 So.11 .152 (Pla.1974), this
lino for ('curt
k rl'fvrcndum_ live
dishn{�uish(yl Dickinson v. Dnnnl of
ogrcc,
Public
.r) ArtivIv Ill, SLcliun 11), Florida Conmitu•
Instruction of Dade Count),, supra;
''
on
tie
the basis that the Act in llradle) re•
.i 1, pro, ol,^, :is (..poor, goir'd
paynlcnL out of the general funds of
"SPECIAL LAWS No sp,cial It- shall till'
stole, "rill in lilt, course of its opinion
'
be pa--1 unless nulite of int.-ow , to st*,-I
the rationale' underlying the notice'
•�'
seek enuctmcnLthcrwr has hLen,Imlilkh "' nvfuirement
'';
for qly.cijIj Ich�slutioli au fol.'
id yin' the manner pri'wided by get era(. lows., ' -' : • ' '
'i
I+
I Ili. tilllh 11(ltile ,(1 III n(C (s!v111'ccYYn ry'
Till )iU ijsl4l Of rCfhllring II ;noticc efI
w b(u Lhl low; (xri�lit n I rot ill to -fur ro i
n
Int(nti to'.fa pub(Ishcd m sixclpl Icfpr
I{ + •
�t
,.I
t I1:
J �% 1 � ii
h;X If
)1 V ill' IIIIId,V'VYOIIII t, I;IIN'1'P;It Fla '`,,,....-'�
I
ti'I',V'I'I;
..
I - till, in
-'.Ir xe na•, Tan MI.7n 17aI
the Invul•
I
r
lotion IN to III pcuplr
of ouch STATE ea rel, l'I'IY III.' 1101111MOOU,
Ity to ho pu:prarticularly offreted
Corporolluo, Irclllluner,
prolxlanl el, thol thaw Inlrr,o,led
r Ill, ,•nnrtowul
silly n Alanlrlpol
Such
hlko spits to .,III
lour as Owl Art
1.
der, old
In not the ca„r
Io„Ihly ' llonunlhle Bill GtIN" ITIC It,. Im,uronr,
!
appropriate the rund, of I'll,
2!Itl Su.GI lit p 15'I
l'ununIs. lmrr and 'I'renxun•r, Shur of
F'lorlda, Itrnpolllll'at.
The nppropriution iu l'hnplrrL'nl,
.,u• No,'115Y:1.
fund,,
I
pea, was nut ream gem rill rcv,•nm
:al
()I,'lllrlrinl 1ltoorvl if l',11d1,• li,lr'li,•111111
e, 1 1111;
of yellpl','llle Court of I'lm.,.h.
f'llllllll. 18111"t. ,',"111
March If,, 11170
A stutow rrlalinp In p:lrlirnlar
per.
121
lwaaa
aooa or thing, ur olhrr purn,whir
,uhj,vls Origimd pr,m•rr ling in out it. was
of a Assn iv a iprriul htw' t :Irh•r
1N ;io.2d 110 0`11 I9N, Cli.,p
r. Nor' in:a itun•d by city In n'quirr I11-mra me CouP
'r 77 of sionrr and Treasurer lu Ism, ccrdflcn•
man,
490 Is II sIM,•lal Ill"• I'vellum. It r"llllex
ton to Slule Comptroller to remit warnutln
111 t'o unot'lloll ,till
11 mill.'• for of Illollry in rt'gultltory
partivolor IN'rmon
in which that 1
curtain sunl:l
11 wan Thr Supwow Court held that
eific ailuatioo
involved. It is also It local how
trust fund.
I calm" It In:ulruncr, Commissiomer and Treivo rcr
old)' ,tile municipality and
makus an -re required to lame rerlifirolloo to Spite
affvctr
appropriation or special funds due
a nuudci• h)mptroller to remit warranty for Bums of
ph ty from till- rerrnur :diming trust
lotire of Inlrotiun to rack ,9lavlownt
fund. money in regulatory trust hold consisting
of ar tit% asslmsed lly city mi premium rvvelllt9
this low wits 'lilt . pllhllnhrll nor wo,
lit(- low culiceted nil insurance policies ly:alyd inmir•
referendum 'Theta
are Inrvaed
oomlilioned an ❑
(Art.
ing pruperly within city.
III, Suc•
aoslitutionol requirements
ConstitoLim, for
Order accordingly,
the valid
lion in, Florida
enachuent or o : 1--ial ur I
s+ Far this r, •:rvon we hat old th
'.
Cl laor Tanalion '-90ri.75
Laws of Fl,l-idl is un,-on>tiuoi,lout
Innur:mcc l'nnunis•�i,nu•r und'IYuasurur
,sit a ls,wml,lory Wrlt of
M-11 loolu, were re,)uired to issue ccrliricalioo to Stale
t'nnlptruller to remit warrants ror mums of
should is,or r,'goiriog lh,• p.,y ul,•ut
of lh,•
in trust rund cotswing
$15,INM1 to Ihr 1'ily_
mono Y I' rr ndalor)