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06-22-1982 Supporting Documents® CITY OP =RHONT 0 MINUTES REGULAR MEETING Junc 22, .1.982 A Regular Meeting of the City Council of the City of Clermont wan held .June 22, 1982 in the City Council Chnmburn. The meeting wait called to order at 7:30 p.m, by Mayor Hookinson, with the fol.l.owl.ng Councilmen in aL•tcndi:ncc: Hobart fool, Ifni. T'urville, Michael Conley, and Ueunin 'Thomas. Other City Offl.ciala present were: City Manager Forbea, City Attorney Baird. Finance Director Saunders, and Jull.c M. Brandt. The 'Invocation wait offered by Councilman Thomas, followed by repcating of the Pledge of. Allegiance by all present. MINUTES A moL•ion wan made by Councilmnn Pool, seconded by Councilman T'homao and unanimously carried that the minutes of the June 8, 1982 meeting be approved as presented. CITY MANAGER'S REPORT SUMMER AFTERNOON ATHLETIC PROGRAM City Manager Forbes stated that Carol Ploazaj, Director of. the Afternoon Athletic Program,has requested an assistant for the remainder of the season due to the large number of children in attendance daily. This assistant would work two hours per day for one month. lie stated that if there are no Council objections, this person w111 be hired and paid from the Parks and Recreation Budget. The consensus of the Council was to allow City Manager Forbes to hire the assistant. SWIM PLATFORM - JAYCEE BEACH City Manager Forbes reported that Mr. Steve Nielson, Director of our Summer .---- Swimming Program,has requested that the City build a swim platform within the beach area for his swim team. Previously, Mr. Nielson's request was denied because the platform was to be built outside the swim area and our insurance company and water management agencies would not approve the structure. City Manager Forbes suggested that a small swim pier be built which attaches to the existing pier and folds up so it could not be used without supervision. Rick Weber could construct the platform for $345.00, and it would be paid for from the Special Activities - Recreation and Youth Program Account. After some discussion, it was the consensus of the Council to allow the platform to be built by Rick Weber at a cost of $345.00 and be paid from the above men- tioned account. FINANCIAL DISCLOSURE FORMS City Manager Forbes reminded the Councilmen that Florida State Law requires all Councilmen to file their "Statement of Financial Interests" by July 15, 1982. BUDGET WORKSHOP City Manager Forbes recommended that a Budget Workshop be held next week week to discuss the proposed 1982-83 Fiscal Year Budget. Council consensus was to hold the Workshop on 'Tuesday, June 29, 1982 at 6:00 p.m. SAINT MARK'S AME CHURCH BARBECUE City Manager Forbes stated that he had received a request from St. Mark's AME Church requesting that they be able to hold their barbecue in the City Hall parking lot. After a short discussion, the Council consensus was to allow the Church to use the parking lot as long as they remain to the west- ern edge of the lot and do not obstruct traffic flow. 82-97 0 CITY OP CLPPJIONT 0 MINUTES REGULAR MEI.7I'ING .June 22, 1982 ADVERTISE FOR ACCOUNTING CLERK City Manager Forbon stated that due to the reorganization of work at City Hall, he would like Counell'ei permission to advertise for an Accounting Clerk. The consensus of the Council. was to allow the City Manager to do .40. PROPANE GAS TANK - FOURTH AND MINNEIIAIIA WELL. City Manager Forbes reported that the City will need to purchase a 500 gallon propane gnn tm9cto operate an emergency generator for the well In case of power failure. Ile asked permission to purchase this tank and in- stall 1t for a price not to exceed $800. Payment for the tank would come from the Capital Improvement Fund (CIF). After a brief discussion, it was the consensus of the Council to allow Mr. Forbes to purchase the gas tank and pay for it from the CIF. MAYOR'S REPORT CITIZEN COMPLAINT - llth STREET Mayor Hoskinson requested that City Manager Forbes check into the operation at the end of a canal on 11th Street because of a citizen inquiry and com- plaint. City Manager Forbes stated that he knew of the situation and would get back with the Mayor. PARKING PROBLEM - WEST BEACH Mayor Hoskinson expressed his concern regarding the hazardous situation caused by parking along the shoulder of State Road 561A and in the parking lot of the new but yet unoccupied apartment complex across from the beach. He directed City Manager Forbes to meet with Chief Tyndal and try to re- solve the problem. COUNCILMAN CONLEY'S REPORT NEIGHBORHOOD CRIME WATCII PROGRAM Councilman Conley inquired as to the status of the Neighborhood Crime Watch Program which was to be instituted in the City. City Manager Forbes stated that the citizens at Emerald Lakes and on Lakeshore Drive have shown interest in the program. They are meeting with Chief Tyndal and setting up the pro- gram for their respective areas. Signs have been ordered to mark these areas. ORDINANCE 146-M - REZONING REQUEST FOR 431 NEST HIGHWAY 50 A rezoning request was related to the Council for the changing of an R-3 Residential/Professional piece of property to C-1 Light Commercial. After a short discussion, A MOTION 14AS MADE BY COUNCILMAN THOMAS, SECONDED BY COUNCILMAN POOL AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE THAT THE REZONING OF LOTS 3 & 5 OF BLOCK 44 CITY BLOCKS FROM R-3 RESIDENTIAL/PROFESSIONAL TO C-1 LIGHT COMMERCIAL BE GRANTED AND ORDINANCE NO. 146-M BE ADOPTED, WITH VOTING AS FOLLOWS: COUNCILMAN POOL AYE; COUNCILMAN THOMAS, AYE; COUNCIL- MAN CONLEY AYE; COUNCILMAN TURVILLE AYE; AND MAYOR HOSKIN_SON AYE. THE ORDINANCE WAS READ BY TITLE ONLY. WEST BEACH CONCESSION AGREEMENT An Agreement/Contract between the City of Clermont and Jimmy Jones to operate a mobile concession stand at West Beach was presented for Council approval by City Manager Forbes. Mr. Jones, who was present in the audience, objected to contract wording regarding cleaning the restrooms daily. City Manager Forbes explained that Mr. Jones was being allowed to operate the Concession Stand in return for cleaning the restrooms and picking up trash at the beach. Mr. Jones stated that he should be required to clean the restrooms only on the days he used the beach, which he felt would be only Sundays and Holidays. After a lengthy discussion as to how often Mr. Jones should be required to clean the ® CITY OF CLERMONT MINUTES REGULAR MEETING June 22, 1982 WEST BEACH CONCESSION AGREEMENT CONTINUED rcat'raamn, A MOTION WAS MAIZE BY COUNCILMAN T'HOMIAS 'MAT '1'IIE AOREEMEN'1' SIIOUIJI Ill: CHANCED TO READ ..."'1'0 111: CLEANED ON SATURDAYS, SUNDAYS, MONDAYS, AND HOLIDAYS." THIS MOTION DIED FOR LACK OF A SECOND. Ater 82-98 further discussion, A MOTION WAS MADE BY COUNCILMAN CONLEY AND SECONDED BY COUNCILMAN POOL TO AMEND THE AGREEMENT TO READ... TO CLEAN ']:HE BEACH A't LEAST ONCE A WEEK." AND UNANIMOUSLY CARRIED. The Agrocment is b¢Ing re -typed and will be signed by Mr. Jones as nmended. DOT AGREEMENT #82-21 FOR UTILITY LINE RELOCATION City Manager Forbes explained that a new Agreement with the State must be executed because the City will. be hiring its own contractor to relocate the Utility Lines on Highway 50. The new document cancels the old Agree- 82-99 ment dated February 11, 1982. A MOTION WAS MADE BY COUNCILMAN THOMAS, SECONDED BY COUNCILMAN CONLEY AND UNANIMOUSLY CARRIED THAT THE UTILITY LINE AGREEMENT WITH THE DEPARTMENT OF TRANSPORTATION BE ACCEPTED. RESOLUTION NO, 400 - DEPARTMENT OF TRANSPORTATION City Manager Forbes explained that Resolution No. 400 authorizes the execu- tion of the Utilities Agreement with the Department of 'transportation during 82-100 construction of a portion of Highway 50. A MOTION 14AS MADE BY COUNCILMAN THOMAS SECONDED BY COUNCILMAN CONLEY AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE THAT RESOLUTION NO. 400 BE ADOPTED AS READ WITH VOTING AS FOLLOWS: COUNCILMAN TURVILLE AYE; COUNCILMAN CONLEY AYE; COUNCILMAN T_HOMAS, AYE; COUNCILMAN POOL AYE; AND MAYOR HOSKINSON AYE. THE RESOLUTION WAS READ BY TITLE ONLY. BID AWARD - PAINTING AND REPAIR OF HIGHLAND AVENUE WATER 'TANK City Manager Forbes reported that the low bidder for the repair and painting of the Highland Avenue Water Tank was the company of Sieg and Ambachtsheer of Deland, and that our City Engineer had checked their references and found them to be a very reputable company. City Manager Forbes recommended that the City accept their low bid with payment- coming from the Improvement, Repair and Re- placement Fund. No payments will be made for the work until the completed Lank is inspected by a professional tank inspection company. The bids were as fol- lows: COMPANY COMPLETE PAINTING TOTAL COST OPTION REPAIR REPAIRS TANK REPAIRS & PAINTING ROOF Sieg and $2,400 $12,900 $15,300 $12 per hour Ambachtsheer Deland, FL Ridge Sand- $5,500 $ 9,960 $15,460 No Bid blasting Lake Alfred, FL Utility Serv. $5,100 $17,100 $22,200 $1,000 Perry, Georgia Hercules Tank $5,300 $18,000 $23,300 $ 800 Butler, AL 82-101 After some discussion, A MOTION WAS MADE BY COUNCILMAN POOL, SECONDED BY COUNCILMAN TURVILLE AND UNANIMOUSLY CARRIED THAT THE LOW BID FROM THE COMiPANY OP SEAND AM- E 'AINTING, AND RE- THE OPTIONAL ROOFFAIR Al SIZ D FOR THIS PROJE T BE TAKEN PROM THE D ' RLPLAUUMNE YUND. �®�III�fyIBl®111 CITY OF CLRRMONT 0 MINUTES 10"GULAR MEXT[Nr June 22, .1.982 SE TTON 63 - C11MB'fERY RULES CLty hlaanger Yorbon recommended n change in Section 63 of the C1Ly's Cemetery Rulea to allow more flexibility in choi.co of monuamnL and yet retain the overall appearance of our cemetery. The proposed Section 63 is as follows: 63. In OnkliL11 Cemetery, memorials shall be restricted to ground -level markers not to exceed the following dimensions: A. Single Pemorials. 28" x 16" Bronze only, 32" x 20" Bronze on granite base, or all granite. Military markers with separate vase mounted on granite, 28" x 24", including granite brae. IS. Double Memorials. 56" x 16" Bronze only, 60" x 20" Bronze on granite base, or all granite. Military markers with separate vase mounted on granite, 62" x 16", including granite base. 82-102 After a brief discussion, A MOTION WAS MADE BY COUNCILMAN r11OMAS' SECONDED BY COUNCILMAN CONLEY AND UNANIMOUSLY CARRIED TO ADOpT TBE CHANCES IN SECTION 63 OF 'IIIE CITY CLEI01ONT'5 CEMETERY RULES AS RECOMMENDED. The meeting adjourned at 8:20 p.m. Jades M.�Hoskinson, Mayor ATTEST: Juliel,11. Brandt j Memo to: City Council From: City Manager Subject: Weakly Memo Date: July 2, 1982 BUDGET WORKSHOP. Please review the budget for our second Workshop. It will be held next Tuesday, .July 6, 1982 at 6:00 p.m. in the City Manager's Office. Enclosed Is a copy of the City's Vehicle Replacement flan for your review. Please bring your copy of this plan to our meeting on Tuesday. BUDGET SCHEDULE. Attached is a copy of the City's budget schedule for your review. This schedule has been revised slightly to comply with the new State Law on sales tax. MONTHLY CALENDAR. The Calendar of Events for the month of July is enclosed. Two meetings which I would encourage you to attend are as follows: 1. The Lake Water Authori t meets next Wednesday, July 7, 1982 at 1:15 p.m. on the fourth floor of the old courthouse. This meeting is important because the South Lake Waterways Club is requesting, that the authority deepen canals in our area and they need the City's support. 2. This Thursday, July 8, 1982 at 10:00 p.m. we have a meeting with Lake - Sumter Community College regarding their request for a two year extension of their present contract. JAYCEE BEACH HOUSE CONCESSION. Enclosed is a letter l personally gave to Phil Garvin regarding his Jaycee Beach lease. I have given Mr. Carvin 60 days to vacate the premises. Any Councilmen with questions on this matter, please contact me. ECONOMIC COMMENTS. The "liconomic Comments" Newsletter Irom the Sun Bank is enclosed. The newsletter states that overall, the economy has remained weak In May, bill certain sectors, particularly the consumer sector are beginning to show signs of rveovery. Most economists are piojrcting a positive real growth In the third and fourth quarters in the range of J - 5%. In hindsight, Che recession will likely have ended in May or June. PUBLIC WORKS AND UTILITIES. The Utility Department has been working closely with the Highway 50 contractor to insure that our utility lines are not broken. They also repaired pumps at our lift station on Pitt Street. The Public Works Department patched streets and performed general maintenance work this week. Respectfully, George D. Forbes City Manager GDF/jmb & (D cn[ § ; §"N co r »§G�,, � o�"n �m cn N) /§ �@ » §\{ n *g ®m� Fl- : } : ]®a o 4--Ew (0 ( ® m m § n @ � (\|( °§ m -S \ /\M Oz & j [ IQ / m§ (/; a FA ]!0 . / co co C i WEEKLY MEMO To: City Council From: City Manager Date: June 25, 1982 BUDGET WORKSHOP The City's first budget workshop will take place next Tuesday, June 29, 1982, at 6:00 p.m. in the City Manager's office. At this meeting we should review the Budget Message and Capital Outlays. Please review the budget and contact me before Tuesday's meeting if you have any specific questions. Enclosed with the budget is an explanation of all capital outlay requests. JAYCEE BEACH This week the swim platform was installed for use by our recre- ation classes. We have also hired Nelson Ellsworth as the cashier at the boat ramp. He will be collecting fees at the ramp this weekend. " NINTH CENT GAS TAX- Attached is a letter from the County Director of Development and Public Works regarding the County's use of their share of the proposed gas tax. lie states that if the extra one cent tax were adopted by the voters by referendum, the County would use this money to: A. Bring unmaintained roads to clay or paved standards. B. Expand and develop a county -wide transportation committee and traffic safety program. C. Expand equipment or manpower to meet the increased work- load of road maintenance. LAKE APOPKA GAS DISTRICT The next regular meeting of the Board of Directors of the Gas District will be held at the district office in Winter Garden on Monday, June 26, at 10:00 a.m. FLORIDA POWER RATES We have been notified by John Gillman, the District Manager of Florida Power, that the Public Service Commission is considering eliminating the City's MS-1 rate schedule in the Company's forthcoming rate case. The MS-1 rate is important to the City of Clermont since it weekly Memo June 25, 1982 Page two allows municipalities to consolidate their meter readings from various electric services and be billed at• a flat rate per KWII. This means that we receive a substantial reduction in fees since there are no demand charges for service. if the MS-1 rate is eliminated Mr. Gillman anticipates an 18% increase in the City's electric bills. Respectfully, n George D. Forbes City Manager GDF/mgg Memo to: City Council from: City Manager Subject: Weekly Memo Date: June 17, 1982 FINANCIAL DISCLOSURSPORMS. Florida State Law requires all Councilmen n to file the enclosed "Statement of Financial Interests" by July 15th. You may return this form to the City Manager or send it directly to the Lake County Clerk's office. If you have any questions, please call the City Attorney or me. PUBLIC WORKS. The Public Works Department repaired two storm Trai- ns this week. One was located on Sparkling Water Lake and the other on Carroll Street. Also, they made some traffic improvements at Broome and Tenth Streets and worked on Jaycee Beach to improve the drainage of water trapped between the beach and Lake Minneola. SWIM PROGRAM. Steve Nielson has requested that the City con- struct a swim platform within our beach area for his swim team classes. You may recall that Mr. Nielson had requested that two swim piers be built outside of our swim area at the beach. However, this was not possible because our insurance company and water man- agement agencies would not approve these structures. I believe a small swim platform could be built and attached to the supports of our present swim pier. This platform would be about 12' longg and 4' wide,and be adjustable so it could be placed one foot above L-he water. This platform would be built to fold inward so it could not be used without supervision. I have discussed this matter with Rick Weber and he can con- struct the platform for $345.00. If Council approval is given next Tuesday, the platform could be constructed next week. Mr. Nielson has requested that this structure be built as soon as possible. ATHLETIC PROGRAMS. Carol Ploszaj is the city's instructor for our afternoon athletic programs which include tennis, basketball and softball. Because there have been as many as 50 students in these classes; Carol has requested that the City hire another instructor to help her with this program. If there are no Council objections at Tuesday's meeting, I would like to hire another instructor. This person would work two hours per day for one month. UTILITY DEPARTMENT. Wednesday we met with officials from FmHA for a final improvements. FmHA approved inspection of our water line p of the water line construction at this meeting. Only the new water tank and well have yet to be approved; our target date for final project approval is July 30, 1982. Continued on Page -2- Page -2- Weakly Memo June 17, 1982 The Utility Department also flushed our water mains and is installing a backflow prevention device on the water line into our waste treatment plant. DEPARTMENT OF TRANSPORTATION (DOT). I received a letter from the D.str ct Lng neer of t e DOT this week informing me that they are investigating the safety of the intersection of Ilighway 50 & US 27 as requested in our letter to them. LAKE AVENUR WATER 'TANK. Work has begun on dismantling the old 50,000 gallon water tank This tank should be completely di.nmanL•l.cd by the end of nexl: work. CODE ENFORCEMENT BOARD. Enclosed are the minutes of last 'Tues- day's Codc Pnforcemcnt Board Meeting. Respectfully, CITY OF CLERMONT George D. Forbes _ _... City Manager GDP/jmb Encl. REQUEST FOR: Rezoning DATE: May 4, 1982 OWNER: Clara Freeman APPLICANT: Sue Mecanick PROPERTY: Lots 3 and 5, Block 44, City Blocks LOCATION: 431 Wort Highway 50 ZONING: R-3 Residential/professional REQUEST: Mrs. Mecanick requests that the zoning on this parcel be changed from R-3 Residential/professional to C-1 Light Commercial. COMMENTS: This piece of property is an isolated R-3 classifi- cation in an area zoned C-1. The change in zoning designation would bring this property into conformity with the rest of the property along the highway. The Commercial standards set by the comprehensive Plan state in part that: 1. Highway commercial development should consist of only those uses which depend upon, and are designed to serve vehicular traffic and which require high visibility. 2. Highway commercial uses should be concentrated in selected locations with particular emphasis on access. 3. Consideration should be given to highway safety, roadside attractive- ness and general amenity of residential uses. 4. Commercial uses should be adequately buffered from residential uses. 111iS'1' Pl1R (:IIANCP,O(IP ZONING DATE lj .i• —IC �( vu)- APPLICANT NAME:_MCi (1P� 1 _ __1C_Y 1.._ '?I(i b )(c'�((°t`1 -- ADDRESS: PHONE: �2'I PROPuTY LROAL UIiSCRIPTfON:_� f 5 c^ r�l r`Cr lilt CIiNERAL DESCRIPTION: pilot Plan Drawn to Scale on Ay x 11 Sheet (Attach) INCLUDE: (a) Name, address and telephone number of the applicant. (b) North arrow, date slid scale (c) Property lines, existing structures, proposed structureK - and contiguous streets. (d) A short description of the proposed structural use. Approximate acreage: /•--l'.1'.� _ (Estimate number of acres in property, as well nu an estlmnte of the physical features, i.e. 1/3 swamp, 1/3 groves, etc.) Zoning: Present ), 'i Proposed — Names, and mailing addresses of abutting property owners (owners of any property lying within 150 feet of the outside perimeter of the property being considered under the uppllcatfon, including any street or road). I,ist on sepnr.atesheet. J Applicant's signature, if different from owner of record: Owner's signature (owner of record) wiloas a power of attorney or letter authorizing the applicant to act as the duly authorized agent for the owner is submitted with the application. Filing fee (to accompany application) - $5n.00 Deadline for filing: on or before 5:00 p.m. on the second Friday of the Month. L j CW1*4 1 CITY OF CLERMONT P.O. IIOX 219 • CLF.IIMONT, FLOMDA 32711 • PIION[ 904/394 4091 Play 5, 1982 Subject: Rezoning Request - 431 West Highway 50 Dear. Property Owner: This letter is to inform you that the City has received a request to rezone the property shown on the attached map from an R-3 Residential/ Professional District to a C-1 Light Commercial District. If this request is approved by City Council, retail businesses, personal service establishments (i.e. barber shops, shoe repair), professional offices and multi -family developments would be permissable on this property. The City notifies all owners within 150 feet of a rezoning re- quest to insure that our citizens are made aware of any zoning - changes which might affect them. The attached rezoning request will be considered before the City Planning and Zoning Commission in the City Council Chambers on Tuesday, June 1, 1982 at 7:30 p.m. The Council Chambers are located at the corner of West Avenue and DeSoto Street. The Planning and Zoning Commission is an advisory body, and will make a recommendation on this request to City Council. A Public Hearing on this proposed rezoning will be held before the City Council on Tuesday, June 22, 1982 at 7:30 p.m. in the City Council Chambers. Final action will be taken on this matter at this time. You are invited to attend these meetings to express your views on this subject. By working together we can make Clermont an even better place in which to live and work. Thank you for your consideration. Sincerely, George D. Forbes City Manager GDF/mgg FREEMAN REZONING LOTS 3 & 5 BLOCK 44 Property Owners Within 150' Block 28 Lot 19 Pauline E. Maves 419 Flagler Ave. New Smyrna Beach 32068 Lot 20 James Battle 1645 NW 74th St. Apt. 8B Miami 33147 Block 44 Lots 1 & 2 Aa0 n➢Jones P.252 Clermont Lots 7 - 10 Oliver Ward 439 1lighland Clermont Lots 11 - 14 Oscar Forehand 482 Chestnut Clermont Block 45 Lots 2, 4, 6, 8 Jacob's Chapel Baptist Church P.O. Box 764 Clermont CITY OF CLERMONT P.O. lIOX 210. CLEBMONT, f LOnIDA 32711 . PHONE 904/394 41911 LEGAL NOTICR CITY OP CLERMONT Notice is hereby given that the Clermont• City Council will consider a request to rezone the following property from an R-3 Residential/Professional District to a C-1 Light Commer- cial District: 431 West Highway 50 Lots 3 and 5, Block 44, City Blocks The rezoning request will be discussed at a Public Hearing before the City Council on Tuesday, June 22, 1982 at 7:30 p.m. in the City Council Chambers located at 882 W. DeSoto St. All interested parties will be given an opportunity to express their views on the matter. Please be advised that, under State Law, if you decide to appeal a decision made with respect to this matter, you will need a record of the proceedings and may need to ensure that a verbatim record is made. Sandra 0. Rozar, City Clerk City of. Clermont South Lake Press June 3, 1982 June 10, 1982 ® CITY OF CLRRAIONT MISC. ORDINANCES No. 14641 AN ORDINANCE UNDER T11E CODE OF ORDINANCES OF THE CITY OF CLERMONT. LAKE. COUNTY, FLORIDA, AMENDING 'PILE OFFICIAL. ZONING MAP OF TILE CITY OF CLERMONT, FLORIDA REFERRED TO IN SECTION 26-1 OF ORDINANCE NO. 208-C APPENDIX "A" 01: THE CODE OF ORDINANCES; REZONING '111E REAL, PROPERLY DE- SCRIBED IIEREIN FROM AN I1-3 RESIDENTIAL/PROFESSIONAL, ZONING CLASSIFICATION TO A C-1. LIGHT COMMERCIAL ZONING CLASSIFI- CATION; PROVIDING FOR SEVERASILI'lY; PROVIDING AN EFFECTIVE DATE; AND PROVIDING TOIL PUBLICATION. '111E CITY COUNCIL OF THE CITY OF CLERMONT, FLORIDA HEREBY ORDAINS THAT: SECTION 1. The Official Zoning Map of the CLty of Clermont, Lake County, Florida, is hereby amended by rezoning the following described property from an R-3 Res idential/Profeasional Classification to a C-1 Light Commercial zoning classification: Lots 3 and 5, Block 44, City Blocks SECTION 2. All Ordinances or parts of this Ordinance in conflict herewith are hereby re- pealed. SECTION 3. Should any section or part of this section be declared invalid by any court of competent jurisdiction, such adjudications shall not apply to or affect -- any other provision of this Ordinance, except to the extent that the entire section or part of the section may be inseparable in meaning and effect from the section to which such holding shall apply. SECTION 4. This Ordinance shall be published as provided by law and it shall become law and shall take effect immediately upon its Second Reading and Final Passage. First Reading this 8 day of June 1982. Second Reading this day of 1982. PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA THIS DAY OF 1982. j I James M. Hoskinson, Pfayor ATTEST: I TI/M 7t2•10 {TATr. Or FLO11191A IICMAIITNICNT Or To ANarONTATION 00 DIVISION Or 11OAO 0I'CIIATION11 rAQX I Or R UTILITY RELOCATION AGREEMENT !Al Municipal Expense) LCCTION I UTILITY JOO NO. I STATIC ROAD NO. I COUNTY NAMR rANCRL 4 "jw on NO. THIS AGREEMENT, made and entered into this day of. 190_., by and between the SI'ATK OF FLORIDA DEPARTAIU;N'I' OF TRANSPORTATION, hereinafter referred to as the DEPARTMENT, and the CITY OF CI ERMONT a municipal corporation, hereinafter referred to as the CITY. WITNESSETII: WHEREAS, (fie DENIARTMENT is constructing, reconstructing or otherwise changing a portion of the State highway System designated by the DEPARTMENT as Job No. 11070-6515 Road No. rp between-1.46 miles west of SR 561 alii'H( to SR 561 ! ' Which shall call for the relocation of the CITY'S facilities (owned by the CITY, whether within the corporate limits thereof or not) along, over and/or under said highway, via: Any and all city owned or operated water mains, fire hydrants, sanitary sewers, gas mains, fire and police call systems, telephone, electrical, telegraph and TV -cable systems, including poles, pole lines and underground facilities thereof, and any other CITY owned or operated utilities and facilities within such right of way, AND WHEREAS, the plans for the said construction, reconstruction or other changes to he made, as above described, have been reviewed by the DEPARTMENT and the CITY, said above described utility relocation to hereinafter he designated as "Relocation Work," NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained, it is agreed by the parties as follows: comer surer ergo rnor I or r I, The CITY agrees to make or enure to be made till arrangements for necessary adjustnumt or changer of its fnriblirs where located on public properly tt (TIA'S awn expense and in accordance with the provisions of Rule 014.46.01 "Utility Accommodation Guide," Florida Administrative Code, doled May 4, 1970; tiny supplements or revisions thereof as of the dale of this Agreement, whie,h, by reference hereto, are. made it part of this Agrcentcul; and tl,c plans, designs and specifications of the. DEXARTMENT for till, construction or recunsUvclion of said portion of the State Highway Syslrm, prior to the advertising for bid on said projcel. Tile. CITY further ngrees to do nil of such work will, its own forces or by a contractor paid under a contract lei by Ile. CITY, all under the direction of the DEVARTMENT'S engineer. 2, The CITY further agrees that said a(Ijuslments, changes or relocation of facilities will be made, by the CITY with sufficient promptness so as to cause no delay to the. DF,PARTMGNT or its con- tractor in lire prosecution of such construction or reconstruction work; provided; however, that the CITY shall not be responsible for delay beyond its control; and that such "Relocation Work' will be done under the direction of the DF,1ARTM61NT'S engineer; and the Cl'" further agrees that in the event the changes, adjustments or relocation of such facilities or utilities arc done sinndtancously with the construction project, that it will be directly responsible for handling of tiny legal claims that the contractor may initiate (tile to delays caused by theCITY'S negligence; and that the CITY will not proceed with the "Relocation Work" with its own forces nor advertise nor let a contract for such work until it has received the. DEPARTMENT"S written authority to proceed. 3. The CITY farther agrees that it will maintain and keep in repair, a• cause to be maintained and kept in repair, all of such adjusted, changed or relocated CITY owned or operated facilities or utilities within the right of way of said portion ilf the Stale Ilighwny System; and to comply will' all provisions of the law, including Rule 014.46.01. 4. The DEPARTMENT agrees to furnish the CITY with all necessary highway construction plans that are required by the CITI' to facilitate the CI'I'Y'S "Itelocalion Work•" ,5. The DF.PARTNIENT further agrees that the CIV may relocate its facilities upon OWState's right-of-way, according to tile, lernns of the standard permit required by the Slate Slal ides for occu- pancy of public rights -of -way, and all published regulations lawfully adupled by the Dha'ARTyliNT as of lh(; dale of this Agreeniet. 6, 11 is mutually agreed that the CI'I'1"S plans, maps or sketches showing any Such facilities or utilities to be adjusted, changed, or relocated are made a part hereof by reference. 7. The CITY further agrees to indemnify, defend, and save harmless and exonerate the DEPARTMENT of and from all liability, claims, and demands for contractual liability rising out of the work undertaken by the CITY, its employees, agents, representatives, or its subcontractors due in ahnle, ur in purl, lu cnnililiollx, u,lious, or oulissiuus dun, or aouurlilled by lhll CITYi or its hubcuulruaorh, its uupluyccs, ag,olh, repr,acntativex, or ilx xubrunlnu;lory, It is specifically und,,rstuod and agreed that this iudcrlulifieulioq agn-w1will does nut cover nor iudeouliry lhn DETARTNIE,NT for its own neglig,uce or breach of this coulravl. 8. This Agreement, when executed by all Parties, will cancel and supersede that Agreement dated February 11, 1982. 9. Paragraph N8 was added prior to execution of this Agreement. IN wITNMSS wil1:RE011, the parties hereto have caused these presents to be executed by their duly aulhurized officers, and their official seals hereto affixed, the day and year first above wrilteu. STATE OF FLORIDA DETARTNIEXI' OF TRANSPORTATION BY: (S1iAL) Director of Administration ATTEST: Executive Secretary i CITY OF CLERMONT FLORIDA BY: (SEAT.) (Title: ) ATTEST: Appruved as to Farm, Legality and Rxccutiun STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Ily: Amixlanl Attorney ® CITY OF CbRRAfORT 0 RESOLUTIONS No. 400 A RESOLUTION AUTHORIZING EXECUTION OF AN UTILITIES AGREEMENT FOR THE ADJUSTMENT, CHANCE OR RELOCATION OF CERTAIN UTILITIES WITHIN THE RIGHT-OF-WAY LIMITS HEREAFTER DESCRIBED, AND PROVIDING WHEN THIS RESO- LUTION SHALh TAKE EFFECT. WHEREAS, the State of Florida Department of Transportation has located and proposes to construct or reconstruct• a part of State Road 50, AND WHEREAS, in order for the State of Florida Department Transport -at -ion to further and complete said project, it is necessary that certain utilities and/or facilities within the Right -of -Way limits of said State Road 50, be adjusted, changed or relocated, AND WHEREAS, the State of Florida Department of Transporta- tion having requested the City of Clermont, Florida, to execute and deliver to the State of Florida Department of Transportation a Util- ities Agreement, agreeing to make or cause to be made such adjustments, changes or relocations of said utilities and/or facilities as set out in said Agreement, and said request having been duly considered, NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Clermont, Florida, that the Mayor and Clerk (City Manager) be and they are hereby authorized and directed to make, execute and deliver to the State of Florida Department of Transportation a Utilities Agree- ment for theadjustment, change or relocation of certain utilities with- in the Right -of -Way limits of said State Road 50, Section 11070-651.5. BE IT FURTHER RESOLVED that a certified copy of the Resolu- tion be forwarded to the State of Florida Department of Transportation at Tallahassee, Florida DONE AND RESOLVED THIS DAY OF , 1982• CITY OF CLERMONT BY: ATTEST: �.www�✓ CITY OF CLERMONT P.O. BOX 219 • CLERMONT, FLORIDA 32711 • PHONE 904/394.4061 Memo to: City Council From: City Manager Subject: Repair and Painting of Water Tower Date: June 17, 1982 The following bids have been received for the repair and painting of the Highland Avenue Water Tank: COMPANY COMPLETE PAINTING TOTAL COST OPTION REPAIR REPAIRS TANK REPAIRS & PAINTING ROOF Sieg and $2,400 $12,900 $15,300 $12 per hour Ambachtsheer Deland, FL Ridge Sand- $5,500 $ 9,960 $15,460 No Bid blasting Lake Alfred, FL Utility Service $5,100 $17,100 $22,200 $1,000 Perry, GA Hercules Tank $5,300 $18,000 $23,300 $ 800 Butler, AL We will be investigating the low bidder and making a recommendation at next Tuesday's meeting. Monies for this project should be funded from the Improvement, Repair, and Replacement Fund. Sincerely, CITY OF CLERMONT George D. Forbes City Manager GDF/jmb