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03-21-1961 Regular Meeting ADJOURNED MEETING . An adjourned meeting of the City Council of the City of Clermont was held in the office of the City Clerk on March 21, 1961. The meeting was called to order at 7:35 P. M. by Vice-Chairman William Boyd with all Council members being present with the exception of Mr. Clarence Bishop. Other city officials present were Mayor Joseph BonJorn, Clerk Johnson, Deputy Clerk Williams, City Attorney Morse, Superintendent Sheldon, Building Inspector Snyder and Police Chief Tyndal. Visitors present were: Messrs: Harley Beals, Frank B. Innis, Don McCaffrey, Razz Bowen, Art Ekiert, and G. Lynn Brotherson. Representatives of the Orlando Sentinel and of the local press were also present. The minutes of the regular meeting held March 7, 1961 were read and approved as corrected. Minutes of the adjourned meeting held on Tuesday, March 14, 1961 were read and approved. Council Chairman Bishop arrived at this time. Superintendent Sheldon reported that the sidewalk on Osceola Street, just east of Fifth Street, was badly in need of repairs. Motion by Mr. Boyd, seconded by Mr. Turville, and carried, that Superintendent Sheldon be issued a work order to cover the repairs to the sidewalk on Osceola Street east of Fifth Street. ~ Mr. Boyd, Chairman of the Water Committee, reported that work was continuing towards the general plan for the expansion of the city water system and that it would be necessary for his committee to be given some authorization pertaining to the financing of the project, which he estimated would amount to from $150,000 to $200,000. Motion was made by Mr. Turville, seconded by Mr. Pool, and carried, that the Water Committee proceed with their work pertaining to the expansion of the water system at an estimated cost of $150,000 to $200,000 and that they be authorized to make the necessary preliminary arrangements for the financing of same. Mr. Pool, Chairman of the Parks Committee, discussed a proposed lease between the City of Clermont and the Dads' Club for the city owned ball park. Representatives of the Dads' Club presented an estimated cost of $7,600 for lighting and fencing and requested that the City of ClenIDont make some arrangements to finance this expenditure. A general discussion took place regarding this matter and several council members emphasized the fact that no funds were available in this year's budget for such expenditures. City Attorney Morse stated that, in his opinion, a survey should be made of the property in question and a program of improvements prepared in order of their importance, with an estimated cost of each improvement, and presented to the Council in order that they might determine just what part of the program, if any, that they would be able to undertake at this time. Mr. Morse further recommended that the City at its expense should main- tain the ball park and work out arrangements with the Dads' Club for them to supervise the project. Mr, Morse further stated that if any income is derived from the operation of the ball park that some arrangement may be made whereby this income could be shared between the City and the Dads' Club. City Attorney Morse further recommended that the Executive Committee of the Dads' Club and the Parks Committee meet and endeavor to work out such a program of improvements and cost estimates, as he had suggested, and that such report, when completed, be returned to the Council for their consideration. Motion was made by Mr. Boyd, seconded by Mr. Turville, and carried, that the Parks Committee and an Executive Committee of the Dads' Club meet and provide the Council with a program suggested by Attorney Morse. Mr. Boyd, Chairman of the Streets Committee, recommended that a luminous band be painted at the intersection of Tenth Street and Highway 50 in order that night traffic would be able to locate Tenth Street. Clerk Johnson was requested to contact the State Road Department in an effort to have this recommendation carried out. -I Clerk Johnson opened and read bids for a sup~ly of pipe and fittings from the following firms: Hughes Supply, Orlando; Southern Pipe and Supply Company, Orlando; Modern Welding Company, Orlando and C. W. Farmer Company, Jacksonville. Clerk Johnson advised the Council that Hughes Supply Company of Orlando had submitted the low bid for both pipe and fittings. Motion was made by Mr. Turville, seconded by Mr. Pool, and carried, that the low bid submitted by Hughes Supply Company for pipe and fittings be accepted and that the Purchasing Agent be authorized to issue a purchase order for same. Clerk Johnson read a letter from l"lr. John Cavanaugh wherein application was made for the position of life guard at the Jaycee Beach this summer. The application was referred to the Parks Committee, with authorization to take the necessary action. Clerk Johnson read a copy of a letter from l"lr. Carl Nelson to Billups Petroleum of Jacksonville, calling their attention to the unsightly condition existing at their Spar Station at the intersection of Highways 50 and 27, and, requesting that they please contact the Manager of this station and request that he make every ~ffort to eliminate this unsightly condition. The Council requested that Mayor BonJorn direct the Police Department to keep in close contact with this location and to see that the place is kept in a neat and orderly condition, and, that trucks and other vehicles are not parked in street right-o-ways. Clerk Johnson read a letter from Mr.Martin Winther, accompanied by a petition of interested property owners, requesting that the Council give consideration in their 1961-62 budget for the paving,' of a portion of Lake Shore Drive. Clerk Johnson was requested to advise Mr. Winther that the matter would be given every considera- tion in the preparation of the 1961-62 budget and Clerk Johnson was instructed to bring this matter to the attention of the Coun- cil in the month of July in order that they might make arrange- ments for necessary surveyS and cost estimates. Clerk Johnson reported that he had had a survey made of Blocks 3 and 6, Woodlawn, and that it had been determined that one row of citrus trees was located on each side of Broome Street, between Disston Avenue and Scott Streets, and, that at least two rows of citrus trees were located in Scott Street. Clerk Johnson was in- structed to advise l"lr. Snook, the owner of Block 6, Woodlawn, that the Council had a survey made of this area, and, that it had been determined that Scott Street was actually located on private pro- perty on its East side, and, that it was the City's intention to relocate Scott Street in its actual right-o-way sometime during the year 1962. Mr. Snook was to be further advised that in view of the intention of the Council to locate Scott Street where it actually belonged, that it would be necessary that two rows of his citrus trees be removed and that he was given until April 30, 1962 to take care of the matter. Mr. Snook was to be further ad- vised that it was the intention of the Council to clear the Broome Street right-o-way between Disston Avenue and Scott Streets, and, that one row of citrus trees now existed in this right-o-way and would also have to be removed prior to April 30, 1962. Mr. Turville offered and moved that it be passed, AN ORDINANCE, REGULATING THE OPERATION OF THE MUNICIPAL CEMETERY OF CLERMON']'" LAKE COUNTY, FLORIDA:: AUTHORIZING THE CITY COUNCIL TO PROMULGATE RULES, REGrn.ATIONS: AND RESTRICTIONS, FOR THE MANAGEMENT AND USE: THEREOF'; PROVIDING A TRUST FUND FOR PERPETUAL CARE; PRESCRIBING- PENALTIES FOR VIOLATION OF ITS PROVISIONS AND EFFECTIVE DATE AND OTHER MATTERS RELATING THERETO.. The motion was seconded by l"lr. Pool and unanimously carried. Motion was made by Mr. York and carried that the rules be waived and the ORDINANCE read a second .time by title only. The motion was seconded by l'1r .Boyd and un- animously carried. After the second reading of the ORDINANCE by title only, Mr. York moved that the rules be further waived, and, -t -: that the ORDINANCE be read for the third time, by title only, and be placed upon its passage. Motion was seconded by Mr. Turville and unanimously carried. Thereupon the ORDINANCE was read a third time, by title only, and upon roll call vote, the AyeS3were:: Messrs:: Boyd, Turville, Pool, York and Bishop. Nayes:: None.. Absent:: None., The ORDINANCE: passed, title as stated, and was ordered recorded in the ORDINANCE BOOK and numbered 196. A. copy of the ORDINANCE in full appears immediately following these minutes. Clerk Johnson read a bid on the construction of two shuffle board courts at a price of $540.00. Motion was made by Mr.Turville seconded by Mr. Boyd and carried, that inasmuch as funds were not available in the present budget for this constuction, that it be placed on file for cinsideration during the preparation of the 1961-62 budget. l'1r. ffi. Lynn Brotherson advised the Council that it was his understanding that they were giving consideration to the prepara- tion of a new Ordinance covering the sale of alcoholic beverages, and, that he most earnestly requested that in the preparation of this Ordinance, that they give most serious consideration to allo- wing restaurants to serve alcoholic beverages along with meals on Sundays between the hours of 12 noon and 7 P.M. Mr. Don McC'affrey, representing l'1r. Jarman Smith, owner of the Crest Restaurant, advised the Council that they were fully in accord with Mr. Brotherson's request. Messrs. Brotherson ~nd Mc Caffrey were advised that their request would be given considera- tion and that City Attorney Morse was being requested to make an investigation of State laws and regulations regarding the matter. Chairman Bishop stated that the next order of business was the consideration of a City Occupational License Ordinance.. Several hours of discussion followed regarding this matter, and it was finally referred to the Laws and Auditing Committee to meet with City Attorney Morse and prepare an Ordinance for final pre- sentation to the City Council. Motion by Mr. Boyd, seconded by l'1r. York, and carried, that meeting adjourn. t~af,t1d-~ Clarence Bishop, Ch irman .... ORDINANCE No. 196 AN ORDINANCE REGULATING THE OPERATION OF lHE MUNICIPAL CEMETERY OF CLBRMONT, LAKE COUNTY, FLORIDA: AU1HORIZING nIE CITY COUN- CIL TO PROMULGATE RULES, RBGULAnONS AND RESTRICTIONS FOR TIlE MANAGEhtlENT AND USE THEREOF; PROVIDING A TRUST FUND FOR PERPETUAL CARE; PRESCRIBING PENALTIES FOR VIOLAnON OF ITS PROVISIONS AND EFFECTIVE DATE AND C1I1iER ~1ATrERS RELATING THERETO. BE IT ORDAINED AND EST ABLISHBD BY THE Cl1Y COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA: SECTION I. Short Title. This Ordinance shall be known aDd may be cited as the Clermont Cemetery Ordlnaoce. SECTION u. DetJatd0D8. For the purpoeea of tbia Ordin- ance, the fOllowing terms, phrases, worda and their derivatioos shall bave the Ine8IliDg given herelD. When DOt inC0D.818teDt with the COnteXt, words used in the present tense include the future, worda in the plural number Include the singular nwnbel', and words in the stDgular Dumber Include the plural number, and words in the m9scul1ne gender include the femJDine and. neuter geader. 'lbe word tfsba1J." is alway. t'DAIldatory and. DOt luerely directory. The word "may" is purely directory. (1) "City" is the City of Clermont, Lake County, Florida. (2) "CouncU" is the governing body of the City of Clerrnont, Lake County, Florida. (3) "Per8OD" is &DY pereon, firm, pl.naershlp, association, corporation. conlp8ny or organization of any ld.nc;1. (4) "Cemetery" or ttMunidpal Cemeterytt Is any cemetery owned. by the City of Clermont, Lake County. Florida. (5) "Trust Funcf' is the fund established for the perpetUal care of the Cemetery. (6) "Parks Committee" is at least three members of the Coun- en aerving as committeemen In charge of parks, recreational areas ao<1 cem.eteries. (7) "Superintendent" is the employee of the City having charge of the Cemetery and under the direction and control of the Council aDd/or the Parks Committee. SECTION w. AUtbor~. lbe Council shall manage, operate, control and maintain e Cemetery. However, the Counc1l may -t -- place same under the Ptarks Committee and/or a Superintendent. SECTION IV. ROJle13, Regulations, Restrictions. The Council shall by resolution establish rules, regulations and restrictions for: the use of the Cemetery relating to: U) SuOOnvicUng the Cemetery into lots, blocks, streets, \mkwayt3, and recording we plats thereof. (2) Capacity of each lot. (3) Location lOil graves. (4) Type of plantings as wel.ll as the size lOf and materiel in mOffM!l.OOents and lffiAGiX'kelf8 mall: will be permitted for the propsJr and most attractive development of the Cemetery, provided, however, that Oak Hll! Cemetery, Second Addition, as per plat thereof duly med and recorded in the public 1"ecords of Lake County, Florida is hereby" re- stricted to a laWf11 mern.orial type cemetery. (5) Use of cert@ID lote for single burials, and buri81s of pEluperrs. (6) Location of and plans and specifications for all structures of any ldnd for the interment of human bodies or cremated remains. (7) All other matters for the orderly use and development of the Cemetery. SECTiON V. Superintendent - Duties. The Council may: (1) Appoint a Superintendent of the Cemetery, fix his salary and remove him from office Oi' abolish the office at any time. (2) By resolution establisb, amend and rescind the Superin- tendent's duties. (3) The following additional duties of the Council and the Parks Committee shallxest with the Superintendent if and when appointed: (8.) Look after and take pI'oper care of the Cemetery and see that no lot therein is used or occupied in violation of this Ordinance or of any rule, :regulation 011' restriction promulgated by the Council. (b) Locate all graves on liots for an interment. SECTION VI. Rules for Interment. No deceased person or tl1~ cremated remains of any deceased person shall be interred until: (1) Burial permit has been obtained from the City and if re- qUired from the Florida State Board of Health, or any other agency as required by 1a w. (2) That the lot in which the interment is to be made has been fully paid for; or, arrangements for payment made with the City Clerk. (2) 4 (3) The person arranging for such interment bas the right to the use of such lot; (4) Such lot is not used beyond its capacity; (5) Proper record jts made of the name. age, sex and race of the deceased person an~ of the exact location of the grave. SECTION VU. Lot Valuations. The Councll shall by Resolution: (1)> Place a value upon all unsold 10t8 in the Cemetery, and shall record same on the cemetery records or a map thereof and same shall be available at all tilnnes to the public. Such valuations shall be the fixed and established value of such lots Qnd the price at which such lots shall be soleR. ~2} The Council may change the value on auy or all unsold lots after giving notice thereof by publication one time in a local paper at least ten days prior to the date on which the change will be considered. This notice may, in the alternative, be posted in the office of the Clerk of the City at leo6t thirty Q),ays prior to the d&te when the change wU1 be considered. (3) The Councll may withhold from sale any area block or area within & block in order to promote the orderly use and development of the area. Such areas must be definitely marked on the cemetery records. When one lot is sold in e reserved area then the whole area must be opened for sale to all persons. (4) Provide, if they deem necessary. a method of purchase, if for other th2n cash, and fix trees and charges on all installment sales. SECTION VIIl. Reoords of Ownership. The Councll shall keep full and complete records of the ownership of all lots in the Cemetery. of the burial capacity of each lot, sold and unsold, of the location of each grave, of the names of persons buried in each grave that hEllS been uSeG1, and such other factual data as may be deemed neces- sary for such records. Information for such records must be furnished by those applying for the interment permit. SECTION IX. Trust Fuud. There is heI'ebv established a Trust Fund, to be known as liThe Clermont Cemetery Perpetual Care Fund" which shall also be Lmown by the brief title of "Perpetual Care Fund" to be derived from twenty-five per cent (25%) of the net proceeds from all cemetery lot sales. The Councll shall be Trustees thereof and may invest and. re-invest same as it deems necessary. The annual cost of care and maintenance of the Cemetery shall be paid out of only the interest or dividends earned by the Trust Fund and the general taxes assessed and levied for such purpose. The principal must be kept separate and apart from all other funds of the City and its use is hereby appropriatoo exclusively ror the purpose of said Trust. SECTION X. Penalties. Any person, as defined hereinabove, violating any of the provisions of this Ordinance shall be deemed gullty (3) of a mledemeanor and upon conviction thereof shall be tined In an amount not exceed.. Three Hundred Dollars ($300.00) or be 1m- prisoned in the City Jail for a period not exceeding ninety (90) days or be both 80 fined and imprisoned. Each day such violation is com- mitted or permitted to continue, shall constitute a separate offense and shall be puaJ.ble as such hereunder. SECTION Xl. SeparabllliJ. If any section, subeection, sen- tence, clause, phrase or portion 0 this OrdiDance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent pro- vision and such holding shall not affect the validity of the remaining portwns hereof. SECTION XU. Ordinances Repealed. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION XW. F1ndi.ng of Emer~ This OrdtnaDce Is paaaec1 aa an emergency measure, aDd the does, by the vote by 'MUch this Ordinance is passed, hereby declare that an emergency exlat8, wb1cb makes it imperative that tb.i8 OrdJnance should become effective forthwith in order that the public health, welfare aDd safety mlgbt most effectively be provided for. - - - - - - - - - - - - - - - - - - - - - - - - - PAS S ED by the City Council of the City of Clermont on ita first reading on March 21, 1961. PAS SED by the City Coundl of the City of Clermont on its second reading on March 21, 1961. PAS S ED by the City Council of the City of Clermont on its third reedt. on March 21, 1961. /s/ CLARENCE E. BISHOP Piii'ldeot of the City Cauncll ATTEST: /s/ A. M. JOHNSON City Clerk RECEIVED AND APPROVED by me this March 21,1961. /s/ JOSEPH BON JORN Mayor of City of Clermont, Florida - - - - - - - - - - - - - - - - - - - - - - - - - (4) -I -- eRR. TIFICA TE OF POSTING 1 ]HI E R B Bye B R l' I F Y that a copy of this Ordinance wa.e posted as required by the Charter and General Ordinances of the City of C!G4:'mon~, Florida, this March 21, 1961. /s/ A. M. JOHNSON City Clerk - . ~ - - - - - - - - - - - - - - - - - - - - . - - (5)