05-18-1976 Supporting DocumentsMINUTE'S Nn 1287
REGULAR MEETING
A Rogular Meeting of the City Council of the City of Clermont was hold in the
Council Chambers on Tuesday, May 113, 1976. The meeting was called to order at
7:30 P. M. by Mayor Claude E. Smoak, Jr., with the following members present:
Councilmen Byrd, Schroodel, Beals and Blackburn. Other officials present were:
City Manager Tiffany, City Attorney Baird, Director of Community Services Smythe,
City Clerk Carroll, Building Official Nagel, and Chief of Police Tyndal. Others
present were: Mr. and Mrs. John Aull, and the Messrs. Czech, Fleming, Willett,
and Evans. Mr. Joe Sanchez, representative of the Sentinel/Star, was also
present.
The invocation was given by Councilman Byrd, followed by repeating of the
Pledge of Allegiance in unison by those present.
The Minutes of the Meeting held May 11, 1976 were approved as written.
City Manager's Report
City Manager Tiffany reported he had presented the changes as
desired by Council to be made to the proposed Interlocal
Agreement on Preparation of a Comprehensive Plan to Mr. Mike
Willett, Lake County Planning Director, and that he had been
agreeable with the changes and saw no problem in including
them. Mr. Tiffany thereupon recommended that the Agreement
be accepted. Motion was made by Councilman Byrd, seconded by
Councilman Schroedel and carried unanimously, that Mayor Smoak
be authorized to execute the Interlocal Agreement.
City Attorney's Report
City Attorney Baird reported he had met on Monday with the
attorneys and insurance representatives for Michaels-Stiggins,
Inc., and they had proposed a settlement offer of $50,000 for
the damages; That included in the settlement offer was the
stipulation that the city would pay a portion of the Michaels-
Stiggins, Inc. invoice which totaled approximately $30,000;
That it would be his recommendation that the city accept this
offer, and, that they be requested to submit documents in
writing which would clarify the settlement procedures in order
for him to submit the document to Council at the next meeting.
Motion was made by Councilman Blackburn seconded by Councilman
Beals and carried that the tentative settlement offer be
accepted, subject to verification and approval of the language
in the document by City Attorney Baird.
It was the opinion of Mayor Smoak, based on the evidence
generated by City Attorney Baird, that this was the most equitable
settlement offer that could be negotiated, but would not be
adequate to cover potential future costs involved in solving the
effulent problem, and he would thereby recommend that the final
fund payment from EPA, which has been held in abeyance pending
final settlement with Michaels-Stiggins, Inc., be used for payment
of the Michaels-Stiggins, Inc. invoice, and the entire settlement
check to be received be earmarked for effluent disposal problems.
Council was in agreement with this recommendation whereupon
motion was made by Councilman Blackburn, seconded by Councilman
Byrd and carrnd ied unanimously that the settlement offer fus be
used exclusively for studies and possible solutions to the effluent
disposal problems.
lip
MINUTLS Nn 1288
Mayor Smoak commended City Attorney Baird for the very thorough
Job of research and study which he had expended in the Michaels-
Stiggins, Inc. litigation, and that the city was in a more
favorable position than ever before as a result of his diligence
and negotiating power.
Mr. Baird reported that a final result of the work meeting held
on Monday with representatives of Dawkins & Associates, Inc.
regarding their invoice submitted for engineering services on
the portion of the water improvement program that was performed
by city crews, was that they agreed to re-examine their formula
for invoicing the city on that portion, and submit a different
invoice at a later date.
Out -of -City Fire Protection
City Attorney Baird advised that in the past, the city had
entered into agreements with out -of -city residents to furnish
them with fire protection, and that all the contracts had
expired on May 15th; That if council desired to continue with
such agreements, it would be necessary that an ordinance be
enacted giving authority to do so.
Mayor Smoak advised that action taken by a former council was
that fire protection by the city would not longer be furnished - -
out -of -city residents via formal contracts upon expiration of the
existing contracts on May 15th because of possible liabilities
that could develop should the city's equipment be serving out -of -
city when needed within the city.
Council was in agreement that certain circumstances would justify
the city's equipment being used out -of -city, whereupon motion was
made by Councilman Blackburn, seconded by Councilman_Schr_oedel
and carried that the option of whether or not calls for service
out -of -city would be answered be left to the discretion of the
City Manager and Fire Chief.
Motion was made by Councilman Byrd, seconded by Councilman Beals
and carried that the City Manager and Fire Chief prepare a formal
policy which they felt should be followed in determining whether
or not to answer calls out -of -city, and submit for counc_il'_s
consideration.
Comments by Council Members
Councilman Blackburn advised he felt city crews had done a
commendable job in improvements at the softball field site.
Communications
City Clerk Carroll advised that a request had been received from
Marie and Roberto Zapata to sponsor a graduation dance in Jenkins
Auditorium on May 21st between 7:00 P. M. and 1:00 A. M. Motion
was made by Councilman Byrd, seconded by Councilman Blackburn and
carried that the request be granted provided all rules and regulations
pertaining to dances held in the auditorium are met.
MINUTk�S
Maximum Lot. Coveriue
11
Nor 1''2`�9
pollowing a review of existing city ordinances, and applicable
general law regarding computation of maximum lot coverage by City
Attorney Baird, it was his reconmiendation that this matter and
that of structure definition clarification be addressed to the
Planning E Zoning Commission for their consideration and recommen-
dation. Council was in agreement with this recommendation.
Grand Highway Well Motor
Inasmuch as such an excessive time table for delivery of repair
parts for the disabled Grand Highway well motor had been received,
and the cost for such parts and labor to repair the motor seemed
exceedingly high as opposed to purchase and installation of a new
motion, City Manager Tiffany had obtained cost prices of three
different motors from Layne Atlantic Company, and recommended
that a U. S. Motors Hollowshaft Mtor be purchased and installed
at a cost not to exceed $4600.00. It was the determination of
Council that alternate prices should be obtained from other firms
in addition to that from Layne Atlantic Company prior to action
being taken, and City Manager Tiffany advised he would be happy
to do so.
Minneola Police Dispatching and Jail Use Request
Dwight H. Chastain, Town Manager of Minneola, submitted a proposal
for council's consideration to utilize the city's dispatching
service and jail facilties. It was the determination of Council
that a formal document should be prepared and presented for Minneola
council action prior to consideration by them. Motion was made by
Councilman Schroedel seconded by Councilman Beals and carried
that City Attorney Baird in conjunction with the attorney representing
the Town of Minneola prepare a preliminary document for consideration
by the Minneola Council and then by Clermont Council. Councilman
Byrd voted, Naye, on passage of the motion. Mr. Byrd opined he was
not opposed to a contractual agreement with Minneola, and he agreed
with the objective and spirit of the action just taken by council,
but did not feel the approach as proposed was a workable one.
Inasmuch as there would not be a regular meeting of Council following
the next one on May 25th until June 8th, it was the suggestion of
Mayor Smoak that City Manager Tiffany advise the Minneola officials
of this in order that they might call a Special Meeting of their
council to act on the document if they desired council's action on
May 25th.
It was the suggestion of Councilman Beals that at any such time
as the agreement is entered into between Clermont and Minneola, that
a rider be attached stipulating that each municipality in that same
year would place the question on their election ballot as to the
voters desire for a merger of Clermont and Minneola. There was no
action taken on this suggestion.
There being no further business to be brought before council, the meeting was ad-
journed by Mayor Smoak at 8:30 P. M.
Claude . Smoak, Jr., yor
�n�4nilJ !f� (n�1 (Ael'
Dolores W. Carroll, City -Clerk
TO: City Council
PROM: City Manager
SUBJECT: Minneola Police Dispatching and Jail Request
DATE: May 14, 1976
Attached is a proposal from Dwight Chastain, Minneola Town Manager,
that outlines Minneola's need for Clermont. police dispatching and jail
services.
In brief, our City would receive call: on the Minneola Police
telephone number and Minneola cars would be on Clerma
ont's rdionfrequency
from 5:00 P. M. to 8:00 A. M. (15 hours per day) p
lus allwfour
ould houseaMtotal ofs prisoners 75Z of the
hours i n alyear. Additionally, Clermont
A similar proposal last year was for 24 hour police and fire
dispatch service and full Jail service. Discussion at that time was
for
a $10,000 annual dispatching charge plus $8.00 per day p P
I calculate that our cost for dispatching is about $50,000
annually, considering salaries,
on Population andhamounttlofstimes
patching costs proportionally,
to be used, I think that Minneola should he asked to pay $500 per month
for dispatching service that they have requested plus the actual cost - - -
of housing prisoners - about $10 per day per prisoner. Minneola now
pays something less than $500 per month, but receives poor service.
With the Council's concurrence, I will discuss Minneola's proposal
with Mr. Chastain to work out details of an agreement
based on a
a request of $500 per month plus $10 per day P prisoner.
t
Cgedon Tiffany
cc: City Clerk Agenda 5-18-76
tIMAY11- j --jIlin e"K,
MAIN AVrNUr AND RrARL nrner•r
MINNrOLA, FLORIDA 28'/55
vauT [1rrirr• mix IAA
IIT.'1'1'ORY AND iCOFI? (I! 'I'll! PIZ(11i1,ItiM
TYAP"ONL 164•6640
The P1i.nneol.n Polies DepartmenC in rri- ontl.y rli 7,pntr.hc l h,, t•.Ito
County Sherif' Orrinn. C.,01., rnr :r. rvicr eo to thr
none+rtment vie nn r.,tent..on ni' the ;i.nn,�o1 Pol.i.ce 'lepartmra r,
Phone number, whorrunon, i;ho Sheri!' " s 1?op rtmont d i.spntchrr. Vie
on duty idinneol.a Po1.LCe Officer vir• n 'low hand' ^hm i.r r,ndio.
Due to technical probl.emn encountorecl ,:i.th the l.ow hr,nl radio,
nnri the di.shnncc hntvivoil itlw Takr. Cnunl',v .'rri.rf's nnnartirwlif, b,
T-ivnres, Florida,,nnl thr Tot•m of P�innnolt+, I;lho di.spntch n rvice har•,
not provided Minnerin vrith t.hn dual i.ty of IT -vice felt to ho il,ces-
sary for tho benefitand protection of the community, or fnr the
^a^'rt.v of the Minneri n nol ice Offic,rr .
Diced upon thr.•o technical. pro',lrrns, is felt that , altar-r-
na'.e method of dir-trhin- :-hould h,: rout-h which vioul.cl prr•ide the
de°•fired nua,.ity of rorvicn necessar • to th community.
P0l.TC13 DEPAZTM EN'P ' `ISOtJi'C'l,t
The Minneoln Poli.co Del-rtncnt. h::: th-co :;worn perr,onnel con-
^istily- of l Chief of Police and turn lu,trolmcn. The department has
two marked patrol. vrhi.cl.es which am rich r,quipped with a four (4)
rli,. nnel. hi.�h hand r-,di.o. The Minnn,Ir Pol.: ce Department presently
h; F its oven freruenr•y and the Inter--r'..ty froruency in each �:ellicle,
am a base station in Ci.t,, Ball which has the same .frenuenai.en.
l r
T1; i.r, posc,:ihl.n • Lt,h t,ho presont r•ulio 'nnmmr•o^ of t:hr, "lnnnn'.n
oo nl frr to tllc
poi Lee Dapartr�
no'..ior. utti.tr, Thera, vroulA bo no nocc nl.ty I;o acid rtny addition",
clu:nnol.o to the bnne stnt;ion.
DTSPA_ '1_ 'CH ►IET O
The Town of Minneol.a can dinpar,cl i.t;; nol.i.ce un.Lts rlur'.nr, the
!-.ours bctvrenn Aam t.n 5ptn, Monday thron"'lt B •iday, u,inr, i.tr •rin frc—
c.i.ty
rucney. I'll'!t only r•:cept.ion mould four
,tuiy hth, Labor Day, Th-;nlca;-:i.ving, rind Chr'stmnn.
ThFrc is n nerd to crntl•ract for r11.spa'ch ^ervi.cc dnrinv, non—
husi.ness hour , from Spm to ,lain, P4ondc•; thr,u;,h 6'ri.day, and I'rnm
5pm rriday until. 8-,r! Monday, Plus tltc four, ce holidays pr, 3 hour
mentioned. The tot,11. contrricted cliapntch need; vroul.d he '.;'3 hour
ner vren1c. (see
DISPATCil HEI r)S
NTP11d':OLA POT T:a; I)El 1RTPMNT
DISPA'?CHI D I TII r SAT—MOPI
13Y T51P);�,,
F'a — 5 8a — 5-,
Minneola$a — 5n $_P i P
Tn n(irli.tion to 11-spatCh srrvicn, Mi nnr•olrn would have to r.ont.r:.n•
for ,jail. nc^vicn .Co- the Incnrcorot.i.on of r rrentwl )er,nonn.
P.VERACI; iIMY IILY CALT
The r-Unnno'La Pc,'Ace ')oportment heuldl.er 'in avnrn[-,e of :'orty-four
(1,1) enl.1.n )or mont.l,. This is based on t.h( number of na11.1•, nylswore'l
for the t'i.v it, three nnrrr.h;, of 1.97() (J: "'Mr. - April ).
The police department, males an nvort .,, of three (?) aA' 'eats ner
morith; 11so based nn the nwnber of nrr nets nadn for the fi.r ,t throe
month, of 1976.
121IT -I'm,
Thera ire no : ,1-nini str:.t.i.vo nencir: i'or the proposed conh.rnct.nd
rerti,icrr. `?inneol.;, con record and t`i.lcr i.Y.:: oven rr:pori;n, conpinint^
rnd fail records at t-hn City Hall. in I'i.nnenla.
The only pos;;�l le pn;inr work i.nvn'ved in the contracted nerviccc;
v,onid be recording- cal.l_n on the & ily o« sheet by the nF;nnc
prnvidinr the servir:n. Itwould no'', ^rem necessary for the ..'crtC
to keep a seperate ' on unl.e. s that, . - r cy ' oul.cl prefer tiu:t .one 'oe
A) Thrr Town n' 1lirill n Is pr :pos:inr lint, thr, City of .,,l.ermon:-,
,-,•,,•isle ' hn Mi.nnoo' n Pol ice 'r:Pnrtm,•nt wltl Pol ico 1-1dio l.i.nnat;cP:
on iur Ln thn h•mr:, tn.( .., i.ousl.y di scn^r ,,rl .
R) irinnooln ir; r,7ro r(—uo tine that Clermont provide thr± ttn
of fail. fncili.tie f.)v thrr 1 :rnrcerntion o' prioonerc.
C) ilinneola wi 11 nrovi 1i. a'l.l. t•he nec, f+nary equipment (radio„
n.ztontion tolophonc:, r(no-tr. rind nrconc:nr-y form.^, as vrnvi, ar. •:hr,
inrtal-lot:ion cost: of th :,nni•.)
D) 14inneola vd.11 do rt.r. own hooking rnd transporting of prihon(,r .
E) C1.ormont; --ov i le meals rind i:ecennities for pri.00ners.
It ic; )roposod th•n.t t.her.e servic(-. he )rovided on an annual -
contract ha :is which would be mutuall.e acc+ itabl.e to both r'inneole.
an l Clermon-;.
It is hoped that by worlAng together .n this manner, 1?inneol.a end
Clermont v+o•tld joi.nt.ly benefit throufh a c-osor worlcinr rel.-iti.onshin,
and `„hat thn citisens of both communit.i.es 'could enjoy a rrr:r.ter decree
of Law Enfo-cement; Service.
Rrnpect fully submitted,
/
Chastain
9'ant 1.1n n;ir;nr
Ir
PIP11k, ICM* iM I
huruby made or lj,.�,e Of* tll(�
ApplicationIsClermont Jenkins civic
Audi Lori um on. ------- ------ ,--between the 11011l'S Of
Is sponsored by
and thr Folkwiliq 11,111ted foul, or wora persons will be in attelidance as
chaperone"
0 ck
1/we unjersond arc to t)a.v a 1-011t,11 fee Of $2.00 per hour with
of $6.00. ';`nd and scree that Vile am/are
responsibIc for ally validi'lifiii, or 6amage to lie u Iding and/or fixtures and
as assoritlic(t of such responSibil il-Y I/We are posting $50.00 as surety
y with
t1w Chamber of Cmiwarcu Secretary. It is my/our understanding that the $50.00
r��'um!(16t 'thin five days following
c nj�qus w"i
sure�y, less vinit'll fees, will 1), t n I
the dance providing that the auditorium and/or I IxLui,es are not damaged.
a
Date ofisors
By..
Q_ M c.4"-, )e-./
TO: City Council
FRO14: City Manager
SUBJECT: Planning Agreement
DATE: flay 14, 1976
This week I talked with Mike Willett, Lake County Planning Director about
the Council's proposed changes in the Interlocal Agreement on Preparation of
a Comprehensive Plan.
One request made by Council was clarification of Section 11 "Reimbursement
of Costs". Mr. Willett said that the City would have complete control over
any out -of -County travel done by County employees. Only expenses for travel
on behalf of the City a_t our request would be billed to us. Mr. Willett sees
no problem with adding language to clarify this section if the Council desires.
Section II (3) could be changed to read. ".... (3) any traveling expenses
outside of Lake County that may be incurred by the County Planning Agency at
the request of the City in drafting the City's plan....."
It is a reasonable certainty that no grant money will come to the City
to help us prepare our Plan. Therefore, changes to the part of Section II
dealing with allocation of grant money seems unnecessary.
The intent of Section IV "Termination of Agreement" is to protect the
County from action of a City that agrees to have the County prepare their
Plan and then, late in the process cancels the agreement. That City would
then pay the direct costs that the County had already incurred for the prep-
aration of the City plan.
Under Section X, in the first sentence "will" can be changed to "shall".
The intent was to make this provision mandatory and Mr. Willett felt that
either word would do so.
The State Planning Act states in Sec. 9 (2) & (4) "Within-60 days...
after a local government has transmitted a proposed Comprehensive Plan...
to the Planning Agency, the Planning Agency shall submit in writing its
comments on the proposed Comprehensive Plan... The Planning Agency shall
specify any objections and make any recommendations for changes or modifications.
If the Planning Agency transmits objections to the proposed Comprehensive
Plan, the governing body shall within 4 weeks transmit a written statement
in reply thereto. The governing body shall take no action to adopt the
plan... until 2 weeks have elapsed".
Section 9 (6) continues: "The governing body shall consider all comments...
it may adopt with changes, the proposed Comprehensive Plan ---despite any adverse
comment received".
I feel that these portions of the State Act have the same effect as
the language I:hat was proposed to by added Lu S(Iction X, and makr Lhe proposi'd
additional language for that Section unnecess-iry.
Section X1 is intended only to include ownership of equipment purchased
Pago 2
City Council
in conjunction with Plan preparation - drafting tables, for example. Under
the State Act, all documents relating to preparation of the Plan are public so
we would have access to these materials. Mr. 4Nllett said that he personally
would like not to accummulate the working documents because he has no storage
space, so for as he is concerned, we can have all pertinent documents.
Considering these clarifications, I recommend that the proposed Interlocal
Agreement on Preparation of the Comprehensive Plan be adopted.
Gordon Tiffany
cc: City Clerk Agenda 5-18-76
TO: City Council
FROM: City Manager
SUBJECT: Maximum Lot Coverage
DATE: May 14, 1976
Attached is a letter from the City Attorney giving his
opinion "that the subject of maximum lot coverage and the
definition of structure be referred to the Planning and Zoning
Commission for their consideration".
I agree with this recommendation. This general subject
needs clarification to aid us in administering the Zoning
Ordinance.
Gordon'Tiffany
Attachment
cc: City Clerk (Agenda 5-18-76) ,/
OF A
and olltorod IIII.o holw-oll Chap County I)V LIAO, Stiltu 01"
(11' tho !;T:oo of' her011 collod County,
umj HIL- City 11:' CIVI'l%1111t. 3 municipal col-pol"'I(Jull oP 010 fitii[o of I'lorldil,
11".1-oln City,
RECITA1.3!
1. '11w Lo ai (:Owl-limont Cuinprchonsivo Nanning Act of 1975, CII:1I,tQI*
75-257, o.` Florida, each coorit.y and muitivLpall-LY In HlO Statu
of, Florida to prc!paru ;Illtl :,jul)t 011 or I)Lqui.f., .July 1, 1979, it compt-choll-sive
plan sotting, forth principles, goldelillLs and standards for tho orderly
and balanced future 000110110c, social, fiscal, environmental and physical
development of tho al -Ca.
2. One or, the major objectivuli Or the comprehensive planning Process
is to coordinate Municipal C0111prellwisivu Plans with the comprohellsivo plans
of the county and adjacent municipali ties, and both the County and City
mutually agree that the best coordination can be achieved if the County
Planning Agency prepares the comprehensive plans for both the County and the r
City.
3. The county Planning Agency has a staff of professional planners
who have the e:qportisc for preparing the comprehensive plans required by the
Act and the County has adopted a policy of allowing any City within the County
to use, at no cost to the City, the professional staff of the County planning
Agency. The City wishes to use the services of the professional planners
of the County Planning Agency and believes that the City's comprehensive plan
can be best prepared by utilizing the planning staff of the County Planning
Agency.
In consideration of a mutual covenants, agreements and conditions
herein contained, it is agreed by County and City as follows:
SECTION 1. PRIIP,\MTION OF COMPREHENSIVE PL.\,\;. On or before July 1,
1979, the County sh,111 prepare a comprehensive plan setting forth the principles,
guidelines and standards for the orderly and balanced future economic, social,
physical, environmental and fiscal development of the City. The comprehensive
plan for the City shall include plans and policy recommendations on future
land use, traffic circulation, intergovernmental coordination, recreation
and open spaces, conservation, housing and utilities. The City shall be
ry
ru:IponnlIll C. fur prcpurint! I:hnt part of Chu ae;npretu:n:IIvu plan portahiing to
draia:1go. 'I'h+: prufe:;:;inlull ;:tal'I' uI' Phc Cnnnty I'Luonin{; Agency ::hull he
uLi.Ht.i ed in prnp:nln;.t t.ho Cily's amipruhon:niv-,! plain, hilt Oho City planning
agoncy shrill rondor toohnicnl :Intl clorlCal ussisfuaue to Lho County wherever
pa",!;I ki.
SI;C'1'IUN II. ItEC1IIIUIt5;W.I1;N'I. OF COSTS. The County shclll pay till the coats
and cxpunsu>: nucess:uy to prop:lru :I co.mgrrohunsivc plan for the City, including
the salaries tit' ehe. planners in the County Ilanning Agency except that the
City shall he responsiblc for paying: (1) the costs of preparing graphics
and d.iatlr:uns used .in the Cily's Comprehensive flan: (2) the costs of print:inll
or copying the preliminary drafts and final revisions in the City's Comprehensive
Plan and (3) any traveling expen:;os that r:any be incurred outside of Lake
County by the County Manning Agency at the request of tine City Council in
drafting Lhe City's plan. Should the City receive a grant from the State or.
Federal Governnents for preparing its comprehensive plan, or any element thereof,
the City agrees to gave the County a proportionate share of the Federal or
State funds received by the City. The County does not obligate :itself under
this Agreement to pay any costs or expenses that may be incurred by the City
in implementing the plans and recommendations contained in the City's compre-
hensive plan.
SECTION III. APPLICABILITY OF COMPREHENSIVE PLANNING ACT. The terms
and provisions of the 1975 Comprehensive Planning Act, Chapter 75-257, Laws of
Florida, are expressly incorporated into this Agreement and any questions or
disputes that may arise in the interpretation of this Agreement, or as to the
duties and responsibilities of the County in drafting the comprehensive plan,
shall be resolved under the terms and provisions of the Act, and Section VI
of this Agreement. The City expressly agrees that the County shall be under
no obligation to undertake any duties or responsibilities or to provide any
i
services that have not been provided for in the Act or in Part I, Chapter 163,
Florida Statutes. (1973)
SECTION IV. TERMINATION OF AGREEMENT. Both the County and the City,
i
without the consent of the other party, reserve tine right to terminate this
Agreement by a resolution adopted at a public hearing held after due public f
Sf
notice. The City agrees that should it terminate this Agreement, for any
r4larton tvhntaoover, 013t the CILy steal l rololhul^to thu Connl:y I'ur nll. e.o:;t!;
and oxpuns,ut iacrlrr"+d by Ihn Cinult.y in dral'tinl; the City e.onipruhanslvu plan,
lncludi.nl; Lhe :;glary uxp,nsur, ,il' Lhu Adwinl:u.Vat lvv A>u;lst:ulc;; rind prol'esslunnl
pLuuu:r;; of thu County I'I:uulin;; \goney, pr,lvld,1 hotvuvor that the CI.ty :;hnl I.
only rui.mhursa the County furnn,l P,Y114'11;U;i 11ICnrl•ed up to the date
uC adoption of Ihu rusulutio❑ tenalnatilig the Agrel'111C11t,
SECTION V
The County IS deslf;nntud a:; the party to adnlinlstOr this Agreement,
by and through its dcp:u•tinents and officers.
Sf:GHON VL
No officer or depvtauullt of the County shall perform for the City 'Illy
function not within the scope of t:he duties of such officer or department
in performing the same kind of services for the County. Except as otherwise
hereinafter provided for, the level of service shall be the same basic level
of service that is and shall be hereafter, during the tcrin of this Agreement,
its geographic jurisdiction. Rendition of
provided by the County within
service, standards of performance, discipline of officers and employees and
other matters incidental to the performance of services and control of
personnel shall remain in the County. In event of dispute between the parties
as to the extent of the duties and functions to be rendered hereunder, or the
level or manner of performance of such service, the determination thereof
made by the Clerk to the Lake County Board of County Commissioners shall be
final and conclusive subject to subsequent termination of this Agreement by
the County pursuant to Section IV of this Agreement.
SECTION VII
Persons employed by the County in the performance of services and
functions pursuant to this Agreement, shall have no claim to the pension, workman's
compensation, unemployment compensation, civil service or other employee rights
or privileges granted by the operation of law, or by the City to its officers
and employees. persons employed by the City in the performance of services
and functions pursuant to this Agreement, shall have no claim to pension, workman's
compensation, unemployment compensation, civil service or other employee rights
or privileges, granted by the operation of law or by the County to its officers
and employees.
Intl V I I I
I'o I'nclllta[c performonoo under this Agroumanl, I'll(! Coon l'y :ihnl l havo
fall coup r;l1,1oil ;end w; 1:llan,:u I'rnin Iho Ci[.y, it!; ol'I'levrs, Ilgout:; and
empl(1ycus and [hu Cily shall havo I'll ll cooperrltion and ur;:;islam.o I'rom tho
Colin Ly.
SECTION IX
The Coolly,), il.:; ol'I'icurs :Ind unglloyuc:;, shall not bu dceru.d to us:aume
any Ji.ablliLy l'or t:hc acts, oulis:;ions and IwSligonce of Lhu City. The Clty
shall hold the County harmlo_;s from and shall dufund P.he County and its
officers and employees thureof against any claim for damagos ros[Ilting there-
from.
SECTION X
The County Planning Agency shall :include within the City Plan ally
changes or recommendations proposed by the City Council, provided however,
that the County shall only incorporate those changes or recommendations brat
are within the scope of this Agreement, and provided further, that the County
Planning Agency reserves the right to make comments or suggestions on any
changes or recommendations that may cause a potential conflict between the
City Plan and the County Plan.
SECTION X1
In the event of the termination of this Agreement for any cause, all
property acquired under this Agreement by the County shall remain in tile
possession and ownership of the County unless payment thereof is made by the City
to the County.
SAVING CLAUSE. If any section, sentence, clause, phrase, or word of
this Agreement is for any reason held, or declared to be unconstitutional,
inoperative or void, such holding or invalidity shall not effect the remaining
portions of this Agreement; and it shall be construed to have been the
Legislative intent to pass this Agreement without such unconstitutional,
invalid or .inoperative part therein; and the remainder of this Agreement,
after the exclusion of such part or parts shall be deemed and held to be
valid, as if such parts had not been :included herein; or if this Agreement
or any provisions thereof shall be held inapplicable to any person, groups
of p ol's I I I Ili, I I I'o I) v I, fy, 1; 111 k I of pl'o p", I't'y' c h' c I 111wit It I IQ wi or :wl: of c I re I I mi va I I
!Itwh If() I d log :111111, liol ('I' I'ov I Hi (1 11111) 1 !Q111)) I I vy Olvi'vo I* to filly odive por:ioll,
P1,01)(lay oI.
1:111:14:11H DATH, Thk ki-oclilont !Ovill tuki Offect hiji;lvditaoly 11poll
f1g.
LAU COUNTY 11 RD 01: COUNTY CO1%*I[SSIO.Njj:ItS
G ��-
Janos CU'lls, Clerk
CITY 01; C1,1311MONT
BY: L—C-. -4
a A-116 XL — I I
Claude U. Smoak, Jr., Mayor
City of Clermont
A -ST* TTE
Dolores N. Carroll, City Clerk