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01-25-1977 Supporting DocumentsM I N i.Pi' M S NQ 1,374 REGULAR MUTING A Regular Meeting of the City Council of' the City of Clermont was held in the Council Chambers on Tuesday, January 25, 1977. The meeting was called to order at 7:30 P. M. by Mayor Claude E. Smoak, Jr., with the following members present: Councilmen Byrd, Honey, Blackburn, and Schroudel. Other officials present were: City Manager Tiffany, City Attorney Baird, City Clerk Carroll, Finance Director Sanchez, and Chief of Police Tyndai. Others present were: The Messrs. Brown, Czech, Ogden, and Sentinel/Star representative, Sanchez. The invocation was offered by Councilman Byrd. followed by repeating of the Pledge of Allegiance in unison by those present. The Minutes of the Regular Meeting held January 18, 1977, were approved as written. Mayor Smoak extended a welcome to the visitors present, and recognized Mr. Burton Brown as having been recently elected to membership on the City Commission of Leesburg, and President of the Lake County League of Cities. CITY MANAGER'S REPORT City Manager Tiffany reported that the loan from FmHA for the waterworks and sanitary sewerage improvements had been concluded this date, and that the funds had been received from DOT for the purchase of the cemetery property to be used as a water retention area in the State Road 50 improvement project. Inasmuch as these funds are not classified budgeted revenues, Mr. Tiffany inquired of Council's desire as to their disposition. It was the consensus of Council that the funds be divided between the Cemetery Perpetual Care Fund and the General Fund, as with all cemetery lot sales. PAYMENT OF BILLS Motion was made by Councilman Blackburn, seconded by Councilman Schroedel and carried that the bills be paid. A copy is attached hereto. COMPREHENSIVE PLANNING COMMITTEE APPOINTMENT Mayor Smoak announced the appointment of H. James Meginley to membership on the Comprehensive Planning Committee. There being no further business to be brought before the Council at this time, the meeting was adjourned by Mayor Smoak to a workshop session regarding a proposed Town Hall meeting, at 7:39 P. M. Claude E. Smoak, Jr., Mayor Dolores W. City Clerk Mayor Pro-Tem y 5S M IN U'CkS N41373 SPECIAL MEETING A Special Meeting of the City Council of the City of Clermont was held in the office of the City Manager on Tuesday, January 25, 1977, The meeting was called to order at 12:02 P. M. by Mayor Claude E. Smoak, Jr., with the following members present: Councilmen Schroedel and Honey. Other officials present were: City Manager Tiffany, City Attorney Baird, City Clerk Carroll, and Finance Director Sanchez. Others present were: The Messrs. Rector, Vason, Eldridge, Brannon and Thompson. PURPOSE OF MEETING Mayor Smoak announced the purpose of the meeting was to take any action necessary to conclude the loan and bond sale for the Waterworks and Sanitary Sewerage Improvement Program. RIGHT-QF-WAY-CERTIFICATE Motion was made b Councilman Hone seconded b Councilman Sc roe a an unan mous carr a tat t e necessar R t-Of- Way Cert f cate a executed FHA Fonn 442-2 w ere n cert f cation s yen to the Farmers Home Administration that a 1 necessar r g ts-of-wa.y as been acquired y the city on w ch t e water- works and sanitary sewerage mprovement shall be located. LOAN CLOSING & ISSUANCE OF BONDS Mayor Smoak inquired of Attorneys Baird and Vason if everthing be in order to conclude the loan from FmHA in the amount of $323,100, and upon each replying in the affirmative, motion was made by Councilman Schroedel, seconded by Councilman Honey and unanimousl carried that the Ma or and CityClerk be authorized to execute the necessary Loan Resolution FmHA Form 442-47 , and accompanying bonds. There being no further business to be brought before the Council at this time, the meeting was adjourned by Mayor Smoak at 12:10 P. M. Dolores W. Carroll, City erk Claude E. Smoak, Jr., Mayor Mayor Pro-Tem Position .5 USD, AA Form Fm1IA 442"17 LOAN RESOLUTION (Rcv, 7.30.75) (public Ilodles) ARESOLUTION OF 'fill: ....................... Gi.ky....C.aa01c.1.1............................................................................................ OFTIIE........................................ AtY...cl,f ........................................................ AUTHORIZING AND PROVIDING FOR TllF INCURRENCE Olt INDEBTEDNESS FOR T111: PURPOSE OF PROVIDING A PORTION OF *1'111: COST OIt ACQUIRING, CONS'I'RUC'I'ING, ENLARGING, IMPROVING, AND/OR EX TENDING ITS ••••.,IVntcrworks and, Snni,tgry,,,,Spiv,o,rnl,g...SY.t,eta.............................................. ....... ......... . FACILITY TO SERVE. AN AREA LAWFULLY WITHIN ITS JURIDICTION TO SERVE. WHEREAS, it Is necessary for the.. ................................. ! •A ty,,, Cg Mn U ......................................................... ............................................... (Public Bo(ly) (hereinafter called association) to ralse a portion of the cost of such undertaking by Issuance of it bonds In the principal pursuantto the provisions of.................................................................................................................................................... WHEREAS, the association intends to obtain assistance from the Farmers Bone Administration, United Stales Department of Agriculture, (herein called the Government) acting under the provisions of the Consolidated Fann;md Rural Development Act (7 U.S.C. 1921 ct seq.) in the planning, financing, and supervision of such undertaking and to purchasing of bonds lawfully issued, in the event that no other acceptable purchaser for such bonds is found by the association: NOW THEREFORE, in consideration of the premises the association hereby resolves: I. To have prepared on its behalf and to adopt an ordinance or resolution for the Issuance of Its bonds and containing such Items and in such forms as are required by STATE statutes and as are agreeable and Acceptable to the Government. 2. To refinance the unpaid balance, in whole or in part, or its bonds upon the request of the Government If at any time itshall appear to the Government that the association Is able to refinance its bonds by obtaining a loan for such purposes from responsible cooperative or private sources at reasonable rates and terms for loans for similar purposes and periods of time as required by section 333(c) of said Consolidated Farm and Rural Development Act (7 U.S.C. I983(c)). 3. To provide foi, execute, and comply with Form FmIIA 4004, ':Nondiscrimination Agreement'; and Form Mot [A 400-1, "Equal Opportunity Agreement", including an "Equal Opportunity Clause", which clause is to be In- corporated in, or attached as a rider to, each construction contract and subcontract involving in excess of 510,000. 4. To indemnify the Government for any payments made or losses suffered by the Government on behalf or the association. 5. That upon default in the payments of any principal and accrued interest on the bonds or in the performance of any covenant or agreement contained herein or in the instruments incident to making or insuring the loan, the Govern. neat, at its option may (a) declare the entire principal amount then outstanding and accrued interest immediately due and payable, (b) for the account of the association incur and pay reasonable expenses for repair, maintenance, and operation of the facility and such other reasonable expenses as may be necessary to cure the cause of default, and/or (c) take possession of the facility, repair, maintain, and operate or rent it. Default tinder the provisions of this Resolution or any instrument incident to the making or insuring of the loan may be construed by the Govern. ment to constitute default under any other instrument held by the Government and executed or assumed by the association, and default under any such instrument may be construed by the Goverment to constitute default hereunder. 6. Not to sell, transfer, lease, or otherwise encumber the facility or any portion thereof, or interest therein, not permit others to do so, without the prior written consent of the Government. 7. Not to borrow any money from any source, enter into any contract or agreement, or incur any other liabilities in connection with making enlagrements, improvements or extensions to, or for any other purpose in connection with, the facility (exclusive of normal maintenance) without the prior written consent of the Government. 8. To place the proceeds of the bonds on deposit in an account, in a bank, and in a manner approved by the Government. FmIIA 442.47 (Rev. 7-30-75) 9, To comply with till applicable State and Federal haws and reguhdions and to continually operate, and maintain tile facility In good condition. 10. To provide for the receipt of adequate revenues to meet the requirements o1'debl service, operation and nudntena::ce, and the establishment of adequate reserves. No free service or use of the facility will be permitted. I I, To acquire and maintain such Insurance coverage Including fidelity bonds as may be required by the Government. 12. To establish and nlainlahl such books and records relating to the operation of the facility and Its financial affairs and to provide for required audit thereof In such itmanner as may be required by the Government, to provide the Government without Its request, a copy 01' each such audit, and to make and forward to line GovernuncnI such additional Information and reports as It may from time to tine require. 13. To provide the Government at all reasonable thees access to all books and records relating to the facility and access to the properly of the system so that the Government may ascertain that the association 1s complying with the provisions hereof and of the instruments incident to the making or insuring of the loan. 14. To serve tiny applicant within the service area who desires service and can be feasibly and legally served, and to obtain the concurrence of the Farmers Home Administration prior to refusing service to such applicant. Upon the failure to provide such service which Is feasible and legal such applicant shall have a direct right of action against the association under this agreement. The provisions hereof and tine provisions of all Instruments Incident to the making or the insuring of the loan, unless otherwise specifically provided by the terms of such instruments, shall be binding upon the association as long as the bonds are held or insured by the Government. The provisions of sections 6 through 13 hereof may be provided for In more specific detail III the bond resolution or ordinance; to the extent that the provisions contained In such bond resolution or ordinance should be found to be inconsistent with the provisions hereof, these provisions shall be cons arucd as controlling ns between the association and the Government. Tito vote was: Yeas .Tlirce-. Nays-•N-P--i1.E._ ; Absent - a—X;•••1nd Blackburn IN WITNESS WHEREOF, fire _.....--_-------- ------------------------ City Counc ---......_il ............................... _..................... __. of the Ci ey of Clermont _.. has duly adopted this Resolution and caused n1 it to be executed by the officers below in duplicate on this =es-�---- day of—•••-;¢��r��r•�== ---—•••••-- , 19 77 (SEAL) AtIc : A. AL / Tills--..-_1.`:µ.._�J'_.r�l .--..._..._-._:..-..._-`-_..... By Title._....— •`fir= _........... ---- ....._... CERTIFICATION Cit Clerk City.of-_Clermotit____•-_-,-------„---T 1, the undersigned, as—•---_..-Y___.....---_...--__--. of tie •---•------ - hereby certify that the ---_City_ Council ____-____,_--_—••_ of such Association is composed of Fi ve mealbors, of whom Three--•_ constituting a quorum, were present at a meeting thereof duly called and held on the---2-5-x-h--- day of-----,J.a JXILaS.y.---_----------._. , 19 -.7-7 ; that the foregoing resolution was adopted at .� such meeting by the vote shown above; and that said resolution has not. been rescinded or amended in any way. .. 9 r 2 5 t h J a n u a rY__.-__---..._-___.._ 19 __7-1 , Dated, this ...__.._.__--._.... day of ---.____-- jp O U.S. 0. 1975-665-664/1722 REG.06 Title •—City__C1 erk......_----„_........,_-_--_.._ .._ - Form V. J-4 STATI",S DKIIARTMEWl' 011 A(-,I4ICUI,TUlW FARNIERS HOMI: ADMINISTRATION NONDISCRIMINATION AGREE,1NINNT (Under VI, Civil Nights Act of 1964) January 25, 1177 City of Clermont ... ...................... West Gate Plazaler�q�?F!rida 32711 . . .... ........... .......... . .. . .. .......... ............fl_.t—— Adclresn;,) of the Farmers Home Admin- (hetchn called "H'WilliVal") in acculdanuc, with regulations (herein called "Ille repulations of istration and ill'! United Stall, Department of Agriculture (herein called "the Deportment") issued lautsualittaTitle VI Civil Rights All Of 196 "I :,fill in con-.;ideration of it joint or advancelvadvanceadvancemade or to he made by the United Slate.:. of America acting through the Farmer:: Home Administration (herein called "the Government"), hereby covenants and agrees as followil: 1. Recipient shall comply with all provision:; of the regulations and shall not,on tl,e ground of tace,color, or national origin — — r all occupancy, y,,or clause to be denied, to any person, directly Of rectly, wholly or Po t' y y rvice (a) Den s") of tile wholu or tiny portion of any property, fricility, fin I n ;I] aid, or other benefit (herein called "benefit structure, project, service, or activity which, directly of indirectly, wholly or partially, is provided with the aid of the loan or advance (IL -rein called "aided facility or activity"); or (h) treat any person, or cause any Person to be treated, differently from any other person with respect to any Tight at opportunity to participate in the benefits of any aided facility or -activity; or ' (c) subject any person, or cause any person to be subjected, to discrimination in any other manner in connection with any aided facility or activity or the benefits thereof. It Is understood that employment is not within the scope of this agreement. 2. Any transfer of any aided facility or activity, other than personal property, by sale, lease, or other conveyance or contract, shot] be, and shall be made expressly, subject to the obligations of this agreement and transferee's assumption thereof. 3. Recipient shall — — (a) Keep such records and submit to the Government such timely, complete, and accurate compliance reports al such times and in such form and containing such information as the Government may determine to be necessary to ascertain Recipient's compliance with this agreement and the regulations; and (b) permit access by authorized employees of the Farmers Home Administration or the Department during normal business hours to such of Recipient's books, records, accounts, and other sources of information and its facilities as may be pertinent to ascertaining such compliance; and (c) make available to users, participants, beneficiaries, and other interested persons such information regarding the provisions a f this agreement and the regulations, and in such manner, as the Farmers Home Administration of the Department finds necessary to inform such Persons of the protection assured them against discrimination. 4. The obligations of this agreement shall continue — — (a) As o any al roperty, including any structure, provided with the aid of the loan or advancsie, so long as such realtpropertyrep is used for a purpose for which the loan or advance is made or which affords milar services or benefits. (b) As to any personal Property Provided with the aid of the loan or advance, so long as Recipient retains ownership or possession of the property. advance of funds under the loan or I advance has been made. (c) As to any other aided facility or activity, until the last a FHA 400-4 (12-29-64) S. Upon tiny broach or violation of thin agreement thu Government Italy, lit Its option - - (n) 'Terminate or refuse to rundur or continue flnonclnl nonlnlnncu to Recipient or for Ilia aid of ilia properly, facility, project, uurvicu, of activity, (b) In canu of A Iona, accelerate the mnlurlty of ilia Indebtedness. (c) Appoint a recolver, or have it recaivor nppolnted, to take possession of and administer the aided facility or activity In order to secure compliance with thin agreement unit the rogalatione. For this purpose Recipient hereby appoints the Government Its agent and altomoyln-fact with power, In event of such breach or violation, no to take possession of And Administer at to appoint such feceiver, This ❑ppeinimenl in coupled with an interunl and shall be Irrevocable while ilia obligations of thin agreement continue. (d) Enforce this agreement by null for nflocifle performance or by tiny other nvalloblo remedy under Ilia laws of the i United Status or ilia Slate In which ilia breach or violation acrurn, —i Rights and remedies provided for under thin nireument shall be cumulative. i In witness whereof Recipient, on this, Iho dale first above written, has caused this agreement to be executed by Its duly authorized officers and Ito seal affixed hurolo, or, If a natural portion, has hereunto sat Recipient's hand and San[. - ! (SEAL) City of Clermont -- -i" � /leoipient ' j Attest: , �i •) ( AA By City Clerk i'itfe) -Playoror (Title) Recipient Recipient j 0 U.S. G.P.O. 1973-761-491/98 REG.NG t iR UNITED 9TATI1.8 DEPARTMENT UV MIRICUI.TURE Bonn FIIA 442-21 1,*AR11BItS HOME ADMINISTRATION (3-4-ax) RIGHT-0I1-IVA1' CERTWICATM CITY OF CLERMON'1' a Florida inunici pal corporation, 'fhc undcnrigncd, r 1 F r � hereby corlifien except ,4 noted below: 1. That the undersigned Iraq acquired and presently holds continuous .-I ndequatu rlghtu-of-way on private lands } needed for the connlruction, operation, and maintenance of Ilia facilities to [)a installed or repaired with Ilia pmccods of a loan made or Insured by, and/or a grant from, Farmers Home Adndnlstra Lion and such omisslonn, defect", or restrictions as may exist will in no subatnntial way or manner endanger the Vnlue or the operation of Ilia facilities. i. 2. That the undersigned has acquired the necessary permits, franchises, and authorizations or other Innttumanin by whatsoever name designated, from public utilities and public bodies, commissions, or agencies nuthorixing the s construction, operation, and maintenance of the facilities upon, along, or ucroan strecta, roads, .highways, and public utilities. 1 t 3. That the attached "Right-of-way Map" shows the location rind description of nil land and rights -of -way acquired by right of one or adverse possession and by legal conveymrces such as fight -of -way or easement deeds, permits, or other instruments, i 4, Exceptions: NONE IN WITNESS WHEREOF, applicant hereunto affixes its name and corporate seal this 25th 'Janu'arY , 19 77 CITY OF� CLERMONT Attest: 1 By - `F (� Claude E. Smoak, Jr. .Y,h� ,l%�/{,.,i/• Title Mayor Mw)ewx*)y) C 1 ty er (Affix Corporate Seal Here) day of aro aro-z04 FHA442-21(3-4-68) UNITCD STATIM DIIPARTMIDtT Op ACIRICULTU14V Form FIFA 400-1 (Rev. 2-17-71) FARMERS HOME ADMINISTRATION EQUAL, OPPORTUNITY AGREEMENT 1 January 25, 1977 between Thisagreement, •,vted ... _..__.._........... ...... ...... _... ...... _.............................................................................................. City of Clermont, Florida (hemin cdied "Recipient" whether one or moro) and the Farmers Home Administration, United Staten Department of Agriculture, pursuant to the rules and regulations of the Secretary of Labor (herein called the 'Secretary') Issued under the authority of Executive Order 11246, as amended, wltneaseth: In consideration df financial assistance (whether by a loan, grant, loan guaranty, or other form of financial assistance) made or to be made by the Farmers Home Administration to Recipient, Recipient hereby aitiaes; If the cash cant of construct- 1 work performed by Recipient or a construction contract financed with such financial assistance exceeds S10,000-- 1. To incorporate or cause to be Incorporated into tiny contract for ccastruction work, or modification thereof, subject to the relevant rules, regulations, and orders of the Secretary or of any prior authority that remain in effect, which In paid for In whole or in part with the aid of such financial assistance, the following "Equal Opportunity Clause": During the performance of this contract, the contractor agrees as follows: icant or (a) The religion contractor or national origin. discriminate contracto ainst rwill take affirmatice or ve action to causes that because of race, color, applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited, to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forma of compensation; and selection fat training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Farmers Home Administration setting forth the provisions of this nondiscrimination clause. (b) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. -- (c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the Farmers Home Administration, advising the said labor union or workers' representative of the contractor's commitments under this agreement as required pursuant to section 301 of Executive Order 11246 of SepterTber 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (d) The contractor will comply with all provisions of such Executive Order and of all relevant rules, regulations, and orders of the Secretary of Labor end of any prior authority which remain in effect. (a) The contractor will furnish all Information and reports requited by such Executive Order, rules, regulations, and orders, or pursuant thereto, and will permit access to his books, records, and accounts by the Farmers Home Administration and the Secretary of Labor fnr purposes cf Investigation to ascertain compliance with such rules, regulations, and orders. (0 In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or In part and the contractor may be declared ineligible for further contracts in accordance with procedures authorized in such Executive Order and such other sanctions may be imposed and remedies invoked an provided In the such Executive Order or by any such tole, regulation, or order, or as otherwisa provided by law. (g) The contractor will include the provisions of poagraphs (1) through (7) in every subcontract or purchase order, unless exempted by such rules, regulations, or orders, an that such provisions will be binding upon each such subcontractor or vendor. The contractor will take such action as the Farmers Home Administration may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor on a result of such direction by the Farmers Home Administration, the contractor may request the United States to enter into such litigation to protect the interest of the United States. 2. To be bound by thn provisions of the Equal Opportunity Clause In construction work performed by Recipient and paid for in whole or in part with the aid of such financial assistance. 3. To notify all prospective contractors to file the required 'Compliance Statement', Form FHA 400-6, with their bids. Position 6 FHA 400-1 (Rev. 2-17-71) i i 4. To notify cont actors to prepare and place on file written affirmative action compliance programs within 120 days of the contract award If e contract oxceeda $50,(W and the contractor ban 50 or more omployueu. S. To uuslst and ooperalc actively with lira Farmers Home Administration and the Secretary In obtaining the complieecc of contnaams and m contracturn with the provisions of the Equal Opportunity Clause and the said rulos, reguhdlona, and ordern, to obtain and urninh to the. Formern Home Administration and the Secretary such Information an they may requite for the supervision of no It compliance, and to otherwise nnnlnt the Farmers Home Adminintrallon in the discharge of Its primary responnlbility for site ring compliance, 6, To refrain iron entering Into tiny contract, or extension or other modification of a contract, subject to such Executive Order with a contract r debarred from Government contracts or federally assisted construction contracts pursuant to Part 11, Subpart D, of such 1 vocative Order or to prior authority; and to carry out such sanctions and penalties for violation of the provisions of the EC at Opportunity Clause as may be Imposed upon contractors and uubcontractore by the Formers Home Adminintration or the ecrotory pursuant to such Subpart D. 7, That If Reclpi at falls or refuses to comply with these undertakings, the Farmers Homo Administration may take any or all of the followl i actions, (n) cancel, terminate, or uunpund said financial assistance )n whole or in part; (b) refrain from extending tiny 6 th6r astdtilance under the program Involved until satisfactory assurance of future compliance Ims been received from Reclplt t; and (c) refer the case to the Departr..ant of Justice for appropriate legal proceedings. IVilnens the due exec :ion hereof by Recipient on this, the date first above written. ---- Recipient -- Recipient City of Clermont _ (CORPORATE SEAL Name of Cgcporate eciplant y Attest By Mayor City Clerk I I