04-15-1975 Supporting DocumentsMlNun'5 Nn 113
REGULAR MEETING
A Regular Meeting of the City Council of the City of Clermont was held in the Council
Chambers on Tuesday, April 15, 1975. The meeting was called to order at 7:30 P. M.
by Mayor Claude E. Smoak, Jr. with the following members present: Councilmen Blackburn,
Schroedel, Byrd and Oswalt. Other officials present were: City Attorney Baird,
City Clerk Carroll, Acting City Manager Smythe, and Chief of Police Tyndal. Others
present were The Messrs. Czech and Wolfe. Representative of the Sentinel/Star and
the Daily Commercial were also present.
The invocation was given by Councilman Byrd, followed by repeating of the Pledge
of Allegiance in unison by those present.
Mayor Smoak requested that an addition be made to the Minutes of the Meeting held
April 8, 1975 with regards Variance Requests as follows: "That Mayor Smoak requested
that the city administration review the ordinance which requires a Variance on j
non -livable structures or other permanent improvements or structures in the set-
back areas (rear and side) and report back to the City Council." The Minutes of
the Meeting held April 8, 1975 were then approved as amended. !
}
Mayor Smoak announced the first order of business to be a continuation of the Public
Hearing to consider request by Clermont Builders Supply, Inc. for the closing of a
portion of Osceola Street. Having been requested to research the legality of the
city's right to restrict the flow of traffic on an open street, such as this, City
Attorney Baird reported the alternatives were to either close the street or leave
it open with regulations for the traffic such as speed controls, warning signs, etc, I
Councilman Oswalt reported he saw no reason why the street shouldn't be closed
in view of the fact that it is adjoining property and there will not be parties
involved that will be cut-off from the street by its closing, and he doubted that
the city would anticipate opening the street for any purpose in forseeable future.
Mayor Smoak inquired of City Attorney Baird with regards his opinion that "Exclusion
of traffic on the subject street would necessarily also apply to Mr. Wolfe's
vehicles, otherwise the city would be restricting traffic not for the public interest, !
but rather for a private interest", would it not, in fact, be in the public interest
to restrict traffic on that street as a thoroughfare from a safety standpoint, and +'
Mr. Baird replied there was the possibility that the statutes which he researched
and quoted to Council could be interpreted in that manner, but he advised that if
the city is benefitting a private interest to the exclusion of public interest,
then the Council would be acting above their authority. Mayor Smoak reported he
previously objected to the closing of this street primarily because it was located
in a Transition Zone, however, based on the opinion of the City Attorney, he now
felt there was no specific need for the street and he would thereby be in favor of
its closing, subject to retainment of the necessary easements.
It was the opinion of Councilman Schroedel that the city should not be giving away
approximately one-half acre of land which has been deeded to the city, and he would
be in favor of accepting the alternative as submitted by the City Attorney that the
street be left open, but with stringent regulations for the traffic such as speed
controls and warning signs, etc.
Councilman Blackburn inquired of City Attorney Baird that should the city close the
street, but retain a blanket utility easement of 60 feet, could the city at some
future date utilize the 60' easement for a street, and he was advised that they could
not unless the easement granted had specifically stated it was for right-of-way.
Motion was made by Councilman Blackburn that therequest for cl s;n
g a oortion of
Usceola Street be granted with the retainment of a blanket easement for utilities
over tne bu feetnow occupied y sceo a Street, and within the easement stipulating
a
MINUTES NQ 1136
that the may d000. The motion died for lack of a second.
Councilman Byrd reported he had contacted Mr. Wolfe with regards his request and
had been advised that if this area were ever developed for R-3 property, that It
was conceivable that he and his family would do the developing, and that if they
chose to develop it, he would still request that the street be closed inasmuch
as he felt it would make a better development with it closed than with it open to
thru traffic. Ile reported that Mr. Wolfe still further indicated his willingness
in 1983 to give up the privilege of closing it which would give the city an option
to buy the property back for one dollar, and he therefore felt Mr. Wolfe's concern
was to strictly get the traffic off the street and allow him to move from one side
of the street to the other to his business properties. Mr. Byrd further advised
that he felt with a lake on one end of the street and the city's sewage treatment
plant on the other, there would be no need for opening and improving the street,
and he would therefore be in favor of the request for closing.
consideration
Acting City Manager Smythe reported as follows: That an extension of posts on the
easterly end of Jaycee Beach had beer, completed to delineate the parking area; That
the grill at the Friendship Circle on Center Lake which had been partially destroyed
by vandalism, had been rebuilt; That extra effort in trash pickup was being made
at this time, and, That he was submitting a report on the extent of the city's
expenditures for air conditioning and electrical repair costs for approximately
31i years on air conditioning and 11-, years on electrical repairs, as well as a copy
of the bid notice where the city is readvertising for bids on air conditioning
maintenance service due to the recent untimely death of the successful bid holder,
John Harden.
Mayor Smoak reminded Council of the League of Cities meeting to be held on Wednesday
night, April 16th in the community building at Umatilla beginning at 7:00 P. M.,
and, that he appeared before the Pollution Control Board of Lake County last evening
to request a continuance of the variance under which the city is operating the
sanitary sewer plant and that it had been the unanimous vote of the Board that
Clermont be granted an additional eight month variance to meet the requirements
as specified by the State Department of Pollution Control.
Councilman Schroedel reported briefly on the Library Board Meeting which he had
attended on Monday, and their satisfaction with the expansion project presently underway.
With regards Mayor Smoak's request of the City Attorney as to the possibilities of
changing the county precinct boundaries to conform to the municipal boundaries,
it was the recommendation of Mr. Baird that the city file a written request to
the Board of County Commissioners and the Superintendent of Elections, He further
recommended that it would be advisable to inquireof any costs to the city for this
inasmuch as it appeared to him that the city would be required to bear at least a
portion of the costs involved. Motion was made by Councilman Byrd that the Mayor be
authorized to represent the city in filing a written request to the County Commission
ers and the Superintendent of Elections to have the Drecincts' chanoed so that thev
on was seconded by Councilman
Upon inquiry of City Attorney Baird as to any further report on the Baker well, he
advised that counsel for Mr. Baker, Attorney Carl Duncan, would be out of town for
the next three weeks, but upon his return, would recontact Mr. Baird regarding the
city/Baker lease agreement.
MINUTES M U37
Following contact by City Manager Hopkins with the principals of Landseair regarding
certain stipulations to be incorporated in a proposed lease agreement as requested
by Council, City Attorney Baird advised that he had prepared a lease agreement for
Council's consideration. Council was in accord with the Lease Agreement between
the City of Clermont and Landseair Travel Agents, Inc, on property described as
Lot 19 in City Block 80, as prepared by City Attorney Baird, whereupon motion was
Inasmuch as there were numerous and varied opinions offered verbally by Council
members with regards the matter of on -site water retention, it -was the suggestion
of Mayor Smoak that each member consider the matter further and then contain
their thoughts/ideas in writing for consideration by Council at a later date.
Mntinn was made by Councilman Oswalt, seconded by Councilman Blackburn and carrie
With regards the proposed agreement from Greenlee, Paul & Furnas for auditing
services, it was consensus of Council that inasmuch as both the City Manager and the
Controller were out of town and unable to be present to respond to any questions
which Council might have, that this matter be postponed until the second regular
meeting in May. City Clerk Carroll was instructed to invite Mr. Greenlee to this
meeting also in order that he might respond to any questions which Council might have.
With regards appointment to the Building Board of Appeals to fill the unexpired
term of Willie E. Creech, motion was made by Councilman Byrd seconded by Councilman
With regards a description of job functions desired of the City Attorney by Council -
in order that a written agreement might be drawn, a list of legal services and
functions for such a position as prepared by the National Institute of Municipal
Law Officers in the Model Administrative Code was submitted for discussion and
consideration. In addition to all points listed in the model code, which were
agreeable to both Council and the City Attorney, the following were suggested to be
incorporated into the proposed agreement: Appointment of'.the City Attorney -:to be for
a one year term; The inclusion that the City Attorney shall attend any/all City
Board and/or Commission Meetings if so requested by Council; and, That instruments
requiring Council action only be prepared following instruction by Council or its
individual members. Motion was made by Councilman Blackburn, seconded by Councilman
Oswalt and unanimously carried that City AttornE sted to prepare 5-
The final replat of Lots 14 and 15 in Block A of Oakhill Cemetery Second Addition,
such portion to be used for cremorials, was submitted for Council's review and con-
sideration. Motion was made by Councilman Byrd seconded by Councilman Schroedel
a I n nimnucly rarripd that the reolat be accepted as presented and the necessary
Councilman Byrd introduced AN EMERGENCY ORDINANCE UNDER THE CODE OF ORDINANCES OF
THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, EQUALIZING SPECIAL SEWER ASSESSMENTS,
LEVYING THE SAME AS ASSESSMENTS AGAINST THE RESPECTIVE PROPERTIES DIRECTING THE CITY
CLERK TO RECORD THE ASSESSMENTS IN THE IMPROVEMENT LIEN BOOK, ESTABLISHING THE
PRIORITY OF LIEN AND PAYMENT OF PRINCIPAL AND INTEREST; REPEALING ALL ORDINANCES
IN CONFLICT HEREWITH: PROVIDING FOR SEVERABILITY: AND PROVIDING AN EFFECTIVE DATE
and the ORDINANCE was read for a first reading, by title only, by Mayor Smoak.
Councilman Oswalt offered and moved the adoption of AN EMERGENCY ORDINANCE, as
detailed above, and the motion was seconded by Councilman Blackburn. The EMERGENCY
MINUTES NQ 11.38
ORDINANCE• was read for a second and final reading, by title only, by Mayor Smoak,
and upon roll tail vote on passage of the motion the result was: Ayes: Oswalt•,
Byrd, Schroedel, Blackburn and Smoak. Total Ayes: Five. Nayes: None. So the
E14ERGENCY ORDINANCE was adopted and the number 73-M assigned to It.
Councilman Schroodel Introduced AN ORDINANCE• UNDER THE. CODE OF ORDINANCES OF THE
CITY OF CLERMONT, LAKE COUNTY, FLORIDA, EQUALIZING SPECIAL SEWER ASSESSMENTS,
LEVYING THE SAME• AS ASSESSMENTS AGAINST THE RESPECTIVE PROPERTIES: DIRECTING THE
CITY CLERK TO RECORD THE ASSESSMENTS IN THE IMPROVEMENT LIEN BOOK, ESTABLISHING
THE PRIORITY OF LIEN AND PAYMENT OF PRINCIPAL AND INTEREST: REPEALING ALL ORDINANCES
IN CONFLICT HEREWITH: PROVIDING FOR SEVERABILITY: PROVIDING AN EFFECTIVE DATE:
AND PROVIDING FOR PUBLICATION and the ORDINANCE was read for a first reading, by
title only, by Mayor Smoak.
The meeting was adjourned at 9:30 P. M. by Mayor Smoak.
Claude E. Smoak, Jr., Mayor
Mores W. Carroll, City Clerk
Ilor►H n%'Nn Il,o m)
nrT011 rrK Yb Al I—
I r9n 111 v1
I I I.n WDll/17•, r1,01111M Ou T11
Aprl.l 10, 1975
Robert 11opkins, City Manager
1 Westgate Plnzn Drive
Clermont, Florida 32711
RE: LEASE AGREEMENT, LANDSEAIR TRAVEL. AGENTS, INC.
Dear Mr. Hopkins:
Enclosed is proposed Lease Agreement between the City of Clermont and Landseair
Travel Agents, Inc. Please feel free to call me if you have any questions or
changes to make.
Very truly yours, d
LEONARD N. RAIRD, JR.
LHB/hmb
Enclosure
s
LVASp. AGREEMENT
Thin LEASE ACREEME1,11', male. and entvrcd In(o thin __. day al-...,,
1975, by and botwoen the CITY 01' CLERMONT, n nunlclpal corporaLGm, harolnnfl-or
referred to an LESS(1R, and LANDSEAlk TRAVEI, A(IIS:J'I'8, INC., a Florida corporatlon,
hereinafter referrvd to an LESSEE'.
I. The LESSOR hereby ]entice to the LESSEE' the following clonerlbed real prop-
erty 1n Clermont, Lake County, Florida:
Lot 19, Block 80, according to the Official Map of the City of
Clermont, Florida, recorded In Plat Book 8, pages 17-23 Inclualve.
2. This lense shall be for a term beginning on the date of execution of thin
Lease Agreement and terminaLinf; on September 30, .1976, unless tsrminat.-d at an
earlier date as herein provided.
3. The I.IiSSEii shall pay to the LESSOR the sum of $65.00 per month in advance
on the first day of each month.
4. The LESSOR acknowledges receipt of the sum of $65.00 from the LESSEE which
represents the last month's rental under this Lease Agreement. If this Lease Agree-
ment is terminated by reason of the LESSEE'S default of any of the provisions here-
in, LESSEE shall forfeit this last month's rental, as partial liquidated damages.
' 5. The LESSEE shall have the option to renew the terms of this Lease Agree-
ment for an additional period of 24 months, or through September 30, 1978. The
terms of the renewal shall remain the same as herein provided with the exception
of the monthly rental which will be $85.00 per month. LESSEE shall exercise this
option by written notice to the LESSOR on or before .June 30, 1976.
6. The LESSEE shall maintain the property in good condition and shall be re-
sponsible for all minor repairs, alterations, painting or decorating. Any altera-
tion or modification in the basic construction of the premises by the LESSEE will
require written approval by the LESSOR. The LESSEE agrees to indemnify the LESSOR
for any liens for improvements made by the LESSEE.
7. The LESSOR shall maintain adequate fire and casualty insurance on the
premises, however, LESSEE shall be responsible for obtaining any insurance it may
require for the contents of the building.
8. The LESSEE shall pay all utilities on the premises.
9. The LESSEE hereby indemnifies and agrees to hold harmless the LESSOR for
any damages or injuries to LESSEE, its clients, or its clients' property.
10. The LESSEE shall not sub -let the premises without written approval by
the LESSOR and LESSEE, further agrees to allow any liens, attachments, claims, or
LIMSF ACAFEMENT
Thin LEASE ACIIEEMEN'l', nuuhr and ontt'rod Into thin ____-_,Inv al'
1975,.by and butwoon the CITY OE L'LERN0:1'I', it unnllc.lpill . corporation, horelaaftor
ruferrod to an LI;SSQIi, and LANUSIiALR 'I'RAVEI, AGENTS, lNC„ it I'lurldn corpurat:lon,
hurolnnft:or rol'crrad to an hIsSSI:R,
1, Thu LESSOR hereby lenuen Lo rho LESSEE tire following, descrlbed real prop-
erty In Clermont, Lako County, Florida;
Lot 19, Block 80, according to the Official Nap of the (sty of
Clermont, ploridn, recorded In I'lat Bank 8, pages 17-23 lncluulve.
2, This Lease shall be for a term beginning on the date of execution of this
Lanae Agreement and terml.nating on September 30, .1.9761 unleas terminated at an
earlier dnLo an heroin provided.
3. The LESSEE shall pay to the LESSOR the sum of $65.00 per month in advance
on the first day of each month.
4, The LESSOR acknowledges receipt of the sum of $65.00 from the LESSEE which
represents the last month's rental under this Lease Agreement. If this Lease Agree -
went is terminated by reason of the LESSEE'S default of any of the provisions here-
in, LESSEE shall forfeit this last month's rental as partial liquidated damages. -
' 5. Tile LESSER shall have the option to renew the terms of this Lease Agree-
ment for an additional period of 24 months, or through September 30, 1978. Tile
terms of the renewal shall remain the same as herein provided with the exception
of the monthly rental which will be $85.00 per month. USSEE shall exercise this
option by written notice to the LESSOR on or before June 30, 1976.
6. The LESSEE shall maintain the property in good condition and shall be re-
sponsible for all minor repairs, alterations, painting or decorating. Any altera-
tion or modification in the basic construction of the premises by the LESSEE will
require written approval by the LESSOR. The LESSEE agrees to indemnify the LESSOR
for any liens for improvements made by the LESSEE.
7. The LESSOR shall maintain adequate fire and casualty insurance on the -
premises, however, LESSEE shall be responsible for obtaining any insurance it may
require for the contents of the building.
8. The LESSEE shall pay all utilities on the premises.
9. The LESSEE hereby indemnifies and agrees to hold harmless the LESSOR for
any damages or injuries to LESSEE, its clients, or its clients' property.
10. The LESSEE shall not sub -let the premises without written approval by
the LESSOR and LESSEE further agrees to allow any liens, attachments, claims, or
oncumbraneon of any Iona ro be lovlud nhnlnnt; th(- Lmirwd preml.aon.
1.1.. AL tho wsplraLian of t:hln Lenao AF,roemvnL t:ho LE:;SIih shall narrondar I:he
preminon In an good mntdleian all It: Wan at t.hc ht'141nn1ng of Lho terns, rv.vtonablu
wan and wonr oxcol)LOd,
IN Wl'I'NI111S.9 w111;10,011 wo have aaC alit' hands and avnls tho day and yornr f.IrnL above.
wrl6ton.
WITNRSSKS CfTY OF CLEIRMONT
by :._� ,
CLAUDE E. SMOAK, JR.
MAYOR
LANDSEATR TRAVEL AGENTS, INC.
by:
PRESIDENT
STATE OF FLORIDA
COUNTY OF LAKE
The foregoing LEASE AGREEMENT was acknowledged before me this
day of , 1975, by Claude E. Smoak, Jr.,.Mayor of Lhe City of Clermont,
a municipal corporation, on behalf of the corporation.
NotaryPublic
Pub i
My Commission Expires:
STATE OF FLORIDA
COUNTY OF LAKE
The foregoing LEASE AGREEMENT was acknowledged before me this day of '
1975, by of Landseair
Travel Agents, Inc., a Florida corporation, on behalf of the corporation.
Notary Public
My Commission Expires:
April 3, 1976
Leonard H. Baird, Jr.
city Attorney
P. D. Box 846
Clermont, Florida 32711
I
Re: Landsoair Lease
Dear Mr. Baird:
MrsWestberg has agreed to the $65.00 per month rental rate
} during the 24 month option period.
Please prepare the lease agreement for Council consideration.
41e will place the matter on the agenda for the April 15th meeting.
I sincerely,
Robert M. Hopkins
City Manager
cc: City Clerk - Agenda 4/15/75
TO: city Council
FROM: City Manager
SUBJECT: Landscair Lease
DATE: March 19, 1975
of
whichService
fotllowg inbasicnconditionsTravel
arch lh are submitted
o theIris
OtileMlease18tWelagreedwith
for your consideration.
EFFECTIVE DATE
1 April 1975
i
18 Months 4/l/75 - 9/30/76
TERM OF LEASE
Renewal Option
24 Month 10/1/76 - 9/30/78
gO day notice to exercise renewal option
(This coincides with fiscal year)
RENT
$65.00 per month with $65.00 deposit
against last months rent.
to be applied
MAINTENANCE
property including minor
alterations, painting
repairs,
repairs,
and decorating.
Lessee will vacate property upon 60
VACATE PROPERTY
days notice if lessor needs the facility f
for a public purpose. i
Upon acceptance of these conditions,
it is recommended that the City Attorney
for execution by the
be instructed to prepare the necessary
lease agreement
Mayor and Iris Westberg.
A copy of the previous lease is attached
for ready reference.
(/ Hop
cc: City Clerk w/attachment Agenda 3/25/75 ✓
City Attorney w/attachment
To: City Council
Prom: City Manager
Subj: Landucair Lease
Data: February 19, 1975
The Landseair Travel Service has leased the "old Chamber of
Commerce building" since July 22, 1966. A copy of the lease
is attached.
The lease expired in August of 1972 and was never renewed.
Mrs. Iris Westberg of Landseair has indicated eho would like
to continue to lease the building.
Before developing another lease, Council input as to the
conditions of the lease would be appreciated.
Robert M. Hopkins
RMH/kd
Attachment
cc: City Clerk w/attachment Agenda 2/25/75 /
City Attorney w/attachment
TO: City Council
FROM: ACTING CITY MANAGER
SUBJECT: AIR CONDITIONING - ELECTRICAL REPAIR COSTS
DATE: APRIL 11, 1975
Clermont Air Conditioning Costs
Period: 10-71 thru 10-74 $4387
74-75 Year to Date: Labor Parts Maint.
$95 $154 $330
Clermont Electrical Repair Costs
73-74
$969 Labor $232 for aerial Work.
Included
$355 Material furnished by Electrician
74-75 Year to date
$798 Labor - Includes $583 for Highland Well Fire
$1896 Material - Includes$862 for Highland Well Fire
This report very definitely would indicate that we could not jusity
a full time electrician. Possibly other maintenance duties could
be incorporated into this job but a person with the necessary
electrical expertise may not be interested in a broad scope type
of position.
Robert E. Smythe
Acting City Manager
cc: City Clerk
!0
0
N
nr rnrnu yr nr I,nvr
I VFI..i If+nl V. I�LnFn fll ii�l.
111, 1]W11I CNY, VI.1/111IM I,UTII
April 9, 1.975
Honorable Claude 1;. smoult, Jr.
Mayor, City of Clermont, Florida
I WouLgaLo Plaza Drive
Clermont, Florida 32711.
RE: CHANCE, OF PRECINCT HOUNDARIES
Dear Mayor Smoak:
Pursuant to your requent, I hove rencnrched chr: possibalAtles of cl;nngl.ul; the
county precinct boundaries to conform to the iminiciprll boundaries.
Florida Statute 98.031 (1) reads:
Subject to the provisions of 5 98.09.1 (F.S. 3.973), each county
election precinct, election district, and polling place in this
state as defined and fixed is recognized and continued. The
board of county commissioners in each county upon recommendarlon
and approval of Chc supervisor may n.leur or create new rllnt:rf.cc❑
or precincts. Each precinct shall be numbered and a polling
place at a suitable location designated. 'Phe district or pre-
cinct shall not be changed thereafter except with the consent of
four members of the board of county commissioners and the supervi-
sor. The board of county commissioners nod the supervisor ma_
have precinct boundaries conform to municipal boundaries in accor-
dance with the provisions of 5 98.091 (R.S. 1973).
Florida Statute 98.091 (1) reads:
The board of county commissioners, with the concurrence of the
supervisor of elections, may arrange the boundaries of the pre-
cincts in each municipality within the county to conform to the
boundaries of the municipality, oubjeeL to the. concurrence of the
governing body of the municipality. All binders, files, and other
equipment or materials necessary for the permanent registration
system provided by 5 98.041 shall be furnished by the board of
county commissioners. However, each municipality in a county shall
reimburse the board of county commissioners fifty percent (50%) of
the cost of such binders, files, and equipment necessary for the
precincts within the municipality, unless agreed to otherwise by
the county and the municipality except that no such reimbursement
shall be required where such a system is presently in effect by
law.
RECEIVEDAFR 1 1 1975
!A
anoI,nbin CInil do 1•,. ftmoilk , .[I*
Apr 11 9, 1975
Pale 2
1 would recommond tilt, City 1.11a n willies request to ch+mga tilt, pruclncl: boon-
- Cn coufurm to tilt, nnualci.pal Lunu!darlrv! with Lhe hoard of Counly Cou!c!le-
ulonaru and with the guparinLondnnt of hlcatlono. it. appears tilt- Clly n!.ny hu
required to bunt• rr portion of the coul:n Lnvolvod in Lill;+ prucuduro and It oury
be ndvinable to obtain all ostlnlnLc! of Lhe eosin before proececling.
Very truly yours,
LEONARD H. DATIU), .Ili.
LUD/limb
xc: Robert Haiti City Manager
1 War,tgate Plaza Drive
Clermont, Florida 32711
pmtkiom rel.'ttinl; to the law clepatlnlet,( in
why Aloild Administrative Code nr r ,.d I
iileTmm nn inst tite of —Municipal 1 aw• Of.
firer,:
lrrrinn 1-308. Department of I.m✓
(.{) 'I'hc Department of Law shall consist of the
(:iq Attorney who shall enforce all litws and act
it. protect the Interests of the city mid who shall;
(1) Aduise Council. Advise the Council or its
tonmittcc•s or any City officrr, when thereto re•
qur,wd, upon all legal gnestiuns m'iling ill the
umdmt of the City business.
(2) !'repare Ordinance,. Prepare or revise or.
din:ulres when so requested by the Council mr any
committee thereof.
(3) Gfoe opinions. Give his opinion opals any
Irgal matter or question submitted to Ili by lily
Cnmlcil, or any of its conunitecs, or by illy City
olh<er.
(I) Attend Council Meetings. Attend all Council
niertings in their entirety for the purpose of giving
,he Council any legal advice requested by its meno-
ben.
(5) Prefmre Legal Instruments. Prepare for ex.
"Anion all contracts and instruments to which the
City is a party and shall approve, as to form, all
bomb required to be submitted to the City.
(;) 11roserttle Offenders and Lefelld Officials,
Ihep;lrt' when authorized by the Council, all
dlergc.s and complefnts against and shall appear in
Iho appmpriate Court in the prosecution of, every
pelwn charged with the violation of a City or.
JilMllce or of any regulation adopted under au.
dlooity' of the Charter, or with the conlmissiol of a
nlialeoleanor as declared by the Charter or by
s irtue of its authority. In any prosecution for viola.
lion of any regulation adopted by any Board or
Cmnnlissiou celled under at hority of the Chaster,
Iho C:it)• Attonley shall act msder the directions of
mdn Board or Commission, subject to such para.
Mount control as is given to the Council by the
Charter.
(7) Setticntenl of Claims. have the power to
;uljust, scale, compromise or submit to arbitration,
•lay action, nu.se, of action, accounts, debts, claims,
demands, disputes and matn•rs of favor of or
:Igain.st the City or in which the City is concerned
a, debtor or creditor, now existing or which may
hereafter arise, not involving or requiring payment
to exceed . and with the per.
mission of the Administrator may do likewise in
matters not involving or requiring payment to ex.
cet•d ., provided the money to set.
lie claillns generally has been appropriated and is
aralibllde therefor.
(8) Make Reports.
(a) Immediate report of decision. Innmediately
mpol't the outcome of any litigation in which the
City has ill f llelcn to tu• AdmI nbn';nnr and
Council,
(b) Annual lq it of pcndiulf Ihlgaton. MaLr
an nuuual IrPnrb to tbo Adminislmlor and Coon.
ail, ;u of Iho day of ... , mf all peed.
lug Illigaliuu in which ill'!(lily hss:,it Interest and
the nnulillull I wle'&
(I)) Comlrnl Legal 8ell'irr•t Inridenlal to Coup.
ril Arline. Il:rvr chay;r of nil legal scs sires nuxil.
Ivry to Cot it( I ard.11 In romlectlon vvith the :if,.
ptuprhuing of property to public use mid in the
Icv)dng of m,es,nuans,
(IU) II'orhm-W.s Cornpenwlion• 1'repale and all,
purvc all workmen's compcnsttloll payrolls and
shidl iI ventigate all cases in which workmen's
colnprnsadol is involved and be responsible for
the filing of lily documents and papers required by
the Workmcn's Coupellsallun Act of the State.
(1I) Kecfr Retards.
(a) Snits. Keep a complete record of all suits in
which the city bad Or hiss ill interest, giving Iho
"macs of the parties, the Court where brought, rho
unsure of the action, the disposition of the case,
or its condition if pending, :Ili([ the briefs of
counsel.
(11) Opinions and Titles. Keep a complete rec.
ord of all written opinions furnished by him and
of all certificates or abstracts of titles fern klied by
bins in the (:it)', or ;lily dcparlulcilt on olliciai
thelc•of.
(12) Uelirwr Records to .Successor. Deliver all
records, documents and property of every descrip.
riot, in his possession, belonging to his office ar to
the City, to his successor f l ofiiee, who shall give
Ill"' duplicate receipts therefor, one of which Ise
shall file with the City Auditor. -
When one adds to this statement of formal
duties the informal activities of comiseliug cle-
parunert heads and elected officials, iustvct.
ing officers and employees in the elements of
public L•nv, examining intergovernmental ao-
tivitie5, and answering inquiries from the pub-
lic i❑ general, it is leadily sect that the role of
the atturncy in city administration is indeed
critical.
Auvisuttir l'UNCa'noNS
Under statutes and charters, the attorney is
the legal advisor its the municipality. As such,
one of his must important functions, if not
the most important, is that of serving as ad.
visor to the council, the administrator, to
I NIMI-o %fedvl Adminfstrwivc Code, NI\ILO Nlodel
Ordinance Senice, National Institule of Municipal
Law olliccrs, N'ashingtan, D.C,