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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)