01-29-1974 Supporting Documents1-1 I N U T E 5 No. 1008
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 29, 1974. The meeting was called
to order at 6:30 P. M. by Mayor Claude F. Smoak, Jr. with the following members
present: Councilmen Schroodel, Byrd, Waller and Oswalt. Other officials prosont
were: City Manager Hopkins, City Clerk Carroll, City Attorney Vason, City Controller
Fleming, and Director of Community Services 5 Utilities Smythe. Representatives
of the local Press were also present.
Mayor Smoak advised the purpose of the meeting was to discuss and/or take action
on the progress of the borrow pit to be used for effluent disposal. Mayor Smoak
reported as follows: That the original estimate on the machinery work (to be
performed by one of the three companies employed to construct the borrow pit)
that needed to be done on the borrow pit was less than the maximum allowed of $2500.00,
but that now it seemed that in order to complete the work that has begun, an
additional $1600.00 would be required. He inquired of City Attorney Vason if it
would be legal for Council to extend authority to City Manager Hopkins to exceed
the $2500.00 and let the present company who has the machinery already there complete
the job, or, whether a separate company must be retained to complete the work.
City Attorney Vason quoted Section 32-7 of the City Charter wherein authorization is
extended to the City Manager to enter into contracts up to, but not exceeding,
$2500.00, and he could technically find no way to obviate the requirement, and in
view of this it was his recommendation that the oral contract entered into for an
amount up to $2500.00 be declared at an end, and that if additional work is needed,
enter into a new and separate contract with a separate contractor. He further
reported that if additional work is required that would exceed $2500.00, it would
be his recommendation that written competitive bids be required.
Mayor Smoak inquired of City Manager Hopkins if he had any comment to offer, whereupon
Mr. Hopkins advised it would be his recommendation to accept that of the City
Attorney, and, that there were several excavating companies in South Lake County
which could be employed to complete the project.
Mayor Smoak inquired of City Attorney Vason that inasmuch as all purchases, sales
and contracts, etc. must conform to regulations of Council as Council may prescribe
from time to time and that Council writes the city charter and makes changes in
the charter, etc. would that not give Council the right to authorize the City Manager
to exceed the $2500.00 limit, and Mr. Vason replied that though the Charter is written
by Council, it is enacted by legislature.
Motion was made by Councilman Byrd, seconded by Councilman Waller and carried that
the recommendation of the City Attorney and City Manager be accepted and the Manager
be authorized to proceed with completion of the project in that manner. Councilman
Oswalt abstained from voting.
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Claude E. Smoak,, Jr., Mayor
Dolores W. Carroll, City Clerk