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.
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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.
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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,
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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
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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)
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(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.
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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
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(4)
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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
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(5)