12-20-1960 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 ~uesday -
December 20, 1960. The meeting was called to order at 7:30 P.M.
by Vice Chairman Charles B. Roe. Other Council members present
were: Bishop, York and Christenson. Absent: Middleton. Other
officials present were: Mayor BonJorn, Clerk Johnson, Deputy Clerk
Williams, Sup't. Sheldon, Inspector Snyder, Chief of Police Tyndal
and Water Sup't. Gaydos. Others present were: Antonio Radosti
and representatives of the local press and the Orlando Sentinel.
The minutes of the Regular meeting held December 6, 1960,
the Adjourned meeting held December 12, 1960 and the Adjourned
meeting held December 14, 1960, were read and approved.
Mr. Antonio Radosti appeared before the Council and requested
that the Council's previous motion to close the Jaycee Beach Restau-
rant be rescinded. Mr. Radosti was advised that due to the neces-
sity for rennovating and improving the building in question, that
the original motion was still in effect and that he was to vacate
the premises on or before January 16, 1961.
Mayor BonJorn reported to the Council that he had received
a request from Mrs. Helen Frisz to keep her bar open on New Year's
Eve until 2 A.M. Mayor BonJorn was advised that according to exist-
ing City Ordinances this was not allowed, that all bars were re-
quired to close at 12:00 P.M. midnight.
Mr. Bishop, Chr. of the Street Lighting Committee, reported
to the Council that he had received a request for a street light
to be installed at the corner of Morning Drive and Minnehaha Avenue,
but that he had not investigated the matter as yet. Motion was
made by Mr. Christenson, seconded by Mr. York and carried, that the
Street Lighting Committee be authorized to have such street light
installed if upon their investigation they deem it necessary.
Mr. Roe, Chr. of the Water Committee, reported to the Council
that he had received the Engineer's report on a proposed additional
water distribution system for the City of Clermont and that he would
submit such report along with certain recommendations to the new
Council at their meeting on January 3, 1961.
Vice Chairman Roe inquired of Sup't. Sheldon if he had made
an investigation of the tree located on City property near Mr.
A. R. Sandlin's property and was advised by Mr. Sheldon that he
recommended that the tree be removed. Sup't. Sheldon was instructed
to take care of the matter.
Clerk Johnson reported that he hoped to have two proposals
from Florida Power Corporation relative to the lighting of 8th
Street around Center Lake at the next Regular meeting.
Clerk Johnson read a letter from the Zoning Commission
wherein they suggested a better method of communication between
said Commission and the City Council.
Clerk Johnson read a letter from Representative Welborn
Daniel wherein he asked that the Council consider a proposed
change in Florida Law whereby persons charged with drunken driving
would have the option of electing to be tried in a County Court
with a jury.
C1er~ Johnson read a letter from Mr. Billy Kelly, Lake County
Health Department Sanitarian, wherein he stated that he had made
an inspection of the Winona Bay Shores Subdivision and that such
Subdivision had been approved by the County insofar as the water
level is concerned.
Clerk Johnson read a letter from the Official Board of Cooper
Memorial Libr8Z7Ywherein they thanked the Council for the nice
financial assistance which they had received from the City.
Motiijn was made by Mr. York, seconded by Mr. Bishop and
carried, that the Clerk be authorized to issue checks to members
of the Election Board of the General Election held on December 13,
1960 as follows: Joseph House,Mrs. Joseph House, Mrs. M.H.Erdmann,
and Mrs. A.M. Johnson, $10.00 each. Mr. Dru Rambo, Mr. H.F.Kimba11,
Mr. Robert Ingersoll and Mr. John McCown, $6.00 each.
Clerk Johnson reported that purchases from A. E. Finley and
Associates in the amount of $500.16 and from Basic Asphalt Corp.
in the amount of $675.00 had been made without bids, but upon the
authorization of Council Chairman Middleton.
Clerk Johnson reported on the cost estimate of paving B10xam
Avenue and he was instructed to proceed with having the necessary
Ordinance prepared for the assessments of such paving.
Mr. Bishop offered and moved that it be passed, an ORDINANCE
DISCONTINUING AND VACATING PALM COURT AND FRACTIONAL JUNIATA STREET,
IN THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, PROVIDING EFFECTIVE
DATE HEREOF AND OTHER MATTERS RELATING THERETO. The motion was se-
conded by Mr. York and unanimously carried. Mr. Bishop then moved
that the rules be waived and the Ordinance read a second time by
title only. The motion was seconded by Mr. Christenson and unani-
mously carried. After a second reading of the Ordinance by title
only, Mr. Christenson moved that the rules be further waived and
that the Ordinance be placed upon its passage. The motion was se-
conded by Mr. York and unanimously carried. Thereupon the Ordinance
was read a third time and upon roll call vote the Ayes were: Bishop,
York, Christenson and Roe. Nayes: None Absent: Middleton. The
Ordinance passe~ title as stated, and was ordered recorded in the
Ordinance Book and numbered 194. A copy of the Ordinance in full
appears immediately following these minutes.
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Mr. Bishop offeree and moved that it be passed, an
ORDINANCE ESTABLISHING A RETIREMENT AND PENSION PLAN FOR
EMPLOYEES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA;
PROVIDING FOR ITS ADMINISTRATION AND OTHER MATTERS RELATING
THERETO. The motion was seconded by Mr. Christenson and un-
animously carried. Mr. York then moved that the rules be waived
and the Ordinance read a second time by title only. The motion
was seconded by Mr. Christenson and unanimously carried. After
a second reading of the Ordinance by title only, Mr. Bishop
moved that the rules be further waived and that the Ordinance
be placed upon its passage. The motion was seconded by Mr. York
and unanimously carried. Thereupon the Ordinance was read a third
time and upon roll call vote the Ayes were: Bishop, York, Christ-
enson and Roe. Nayes: None Absent: Middleton. The Ordin.anee
passed, title as stated, and was ordered recorded in the Ordinance
Book and numbered 195. A copy of the Ordinance in full appears
immediately following these minutes.
Motion by Mr. York, seconded by Mr. Bishop and carried,
that meeting adjourn.
d~~
Vice Chairman
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ORDINANCE NO. 194
I
AN ORDIN ANCE DISCONTINUING AND V ACATINO PALM
COURT AND FRACTIONAL JUANXAT A STREET, tN THE
CITY OF CLERMONT, LAKE COUNTY. FLORIDA; PRO-
VIDING BFFECTKVE DATE HEREOF AND OTHER MATTBRS
RELATING THERETO.
WHEREAS, PALM COURT, a street in Palm Gardens, a lBubdivision
in thlS City of Clermont, Lake County, Florida, and as repreeented on the
Map or Plat thereof duly filed and recorded in the Public Records of Lake
County. Florida, has n~ver been opened. improved, or used by the public
and 113 not needed 8S a street or thoroughfare in said City for the reason
th&t said Palm Gardens Bnd the lands lying immediately North of, abutting
flnd tJ.djacent thereto, are owned by the Board of Public Instruction of Lake
County, Florid~, and sa!d landa are exclusively used by said Board in the
opennr!on of the C!ermom -Mhmeola High School for white students; and.
WHER EAS, the lands lying immediately North and South of, abutting
~nd SldJacent to the East 275 feet of Juan1ata Street lying West of Bloum
Avenue and Eastt of School Avenue (which street Is East of Scott Street), as
lrepresented on the Maps 01" Plats of Lincoln Park Annex and Lincoln Heights
School, respectively, subdivisions In said City, duly filed I!nd recorded in
~he Public Records of Lake County, Florida, are owned by the Board of
Public Instruction of{ Lake County, Florida; and that eald Board is preparing
to construct Bl High School for colored students on said adjoining lands, and!
&Nllt W continue 1.:0 allow NId East 275 feet of Blaum Avenue to remain open
lnli!J ~ street or thoroughfare in Mid City would endanger the 11 \Tes of the
GltudenUl in said school; mOOD
'(
WHER EAS. there ere nott utility, sewer, water, gas,':, or electric
linea wH:hin the right -of -W&Y of any of saId streets above destrIbed except
the €Ml!d East 275 feet of luaniata Street wherein thAe City Me & buried water
~ln which it it\! now prep.aJr!ng to remove; and,
WHEREAS, the beelt interests of thh1 City would be served by the
ttUsconUnutng and vacating of said above described streets, and it would be
to the best interestlSl. generril welfare snd gafety of the 0tudentl3 in each of
s&lid ~iChoola that the said stI'eet~ be discontinued and vscated, illOW, therefore,
BE IT ORDAiNED AND lEST ABUSHED BY THE CITY COUNCIL OF
THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA:
SECTION I: Tha~ Palm Court, a street in Palm Gardena, t.n
aubdlvltdOIl1 in the City OK Clermont. end as represented on the M~p or Plat
(th~reo~. duly filed and recoE'ded in the Public Record3 of Lake County,
FloX"1Wlp 000 and ~he same i@ hereby, discontinued and v&cm~ed; and, that
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aU land. within the right-of-way of sald Palm Court shall re'9'ert in fee
simple, In equal proportions to the owner. of the real property lying
adjacent aDd abutting thereto.
SECTION 11: That the Eaat 275 feet of JuaDiata Street lying West
of Bloum Avenue aDd East of School Avenue (wblch .reet i8 East of Scott
Street), as represented on the Maps or Platl of LinColn Park Annex and
Uncoln Height. School, re.pectively. subdivision in the City of Clermont.
Florida. a. filed tn the Public Record. of Lake County. Florlda. be, and
the ..me is hereby discontinued and vacated: and, that aU land. within
the right-of-way of said East 275 feet of Juaniata Street sball revert in fee
simple in equal proportions to tbe owners of the real property lying adjacent
and abutting thereto.
SBC110N 111: That a copy of the Resolution adopted by the City
Councll of thi' City on November 1. 1960. Proof of Publication of Notice.
as pub1l8bed ln the Clermont Preas on November 3 and 10. 1960. and
this Ordinance. duly certified to by the City Clerk of the City of Clermont,
shall be recorded in the Public Records of Lake County, Florida' and. when
80 recorded wtll, in every respect. operate a. a conveyance in fee limple
of the land. within the right-of-way of said above deacribed streets, In
equal proportions to the owners of the real property lying adjacent and .butt.-
Ing to said respective 8tr~ts above delCrlbed.
,
SECTION IV: That the City Council of the City of Clermont finds,
it necessary to declare the {Al8l!J8ge of this Ordinance to be an emergency I
measure and. therefore. aame shall become effective immediately upon its
pUMp and approved by the Mayor of mla City, I
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PASSED AND ADOPTED by the City Council of the City of Clermont.
Lake County. Florida, at its Adjourned Regular Meeting held on December
20th. 1960.
President of City Council
ATTEST:
City Clerk
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RECEIVED AND APPROVED \by me this December 20th, ]960.
Mayor. City of Clermont. Florida
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I HER EBY CERTIFY that a copy of this Ordinance was posted 1n
accordance with the Charter and Ordinance. of the City of Clermont,
DATED. December 21~. 1960.
,',
4;t
City Clerk. Clermont. Florida.
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PASSED by the City Council of the City of Cle::TJ.ont at its
Adjourned Regular Meeting held in the City Hall on Tuesday, December
3, I957..
FJL-.:=tOI,D So TURVILLE,
P:cesident of the City Council
ATTEST:
A. M. JOHNSON,
City Clerk
(OFFICIAL SEAL)
RECEIVED AND APF~OVED by me this Decemoer 3, ~957o
O. H. KEENE
Mayor of the City of Clermont,
Florida
.
I
ORDINANCE NO. 195.
AN ORDINANCE ESTABLISHING A RETIREMENT AND
PENSION PLAN FOR EMPLOYEES OF THE CITY OF
CLERMONT. LAKE COUNTY. FLORIDA; PROVIDING
FOR ITS ADMINISTRATION AND O'fHER MATIERS
RELATING THERETO.
'~HER EAS, the City Councll of Clermont has several employees
who have faithfully served the City. have reached the age of retirement
because of advance age or health, and are deserving of retirement J;ay t
but no provision having been heretofore made, they will and should be
continued as employees on a pay basis based on their present income
and years of service; and,
\lI'HEREAS, the Councll also finds a number of employees have a
record of continued employment for over ten (10) years and the City will
be able, at prevailing wage scale. to retain the services of day laborers,
as well as office and field employees, if some provision is made for a
pension upon retirement at stated ages; and,
\~'HEREAS, the State of Florida has made provision for City Fire-
men's Relief and Pension Fund, and like provision has been made for
City Policemen under Chapters 175 and 185, respectively, Florida Statutes,
under which the City has heretofore enacted Ordinances to qualify its
Firemen and Policemen to a pension, but no provision has heretofore been
made for other employees, and the Council now finds it in the best interests
of the City of Clermont that all employees, inchlding the Firemen and
Policemen, be under one Pension Plan;
therefore,
BE IT ORDAINED AND ESTABLISHED BY THE CITY COU~CIL OF THE
CITY OF CLERMONT:
ARTICLE 1.
DEFINITIONS.
The following words and phrases, as used in this Ordinance, unless
a different meaning is plainly required by the context, shall have the follow-
ing meanings, and the same and similar terms when used in connection
with any Civil Service System or any other Ordinance of the City of Clermont
shall not necessarily apply to the members of the retirement system hereby
created except when specifically adopted:
1.1 Actuarial Equivalent: A benefit of equal value or equal cost when
computed on the basis of such interest rates, monality, and other actuarial
tables as are in effect under the Plan.
1. 2 Annuity: Annual payments for Ufe to be paid in equal monthly
installments on the last day of the month in which the same accrue. Such
payments shall be made on a calendar month basis and the payment for any
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month may be [Jrorated if a~proprlate.
1.3 Annual Earnings: Gross earnings received by the em~loyee
as compensation for services to the CitYD including overtime pay.
Bonuses shall be excluded.
1. 4 Beneficia!l.: Any rerson in receipt of, or entitled to, an annuity,
retirement allowance, or other benefit as f-rovlded by this Ordinance.
1.5 Charter: The charter of the City of Clermont, Florida, as
amended.
1.6 City: The City of Clermont, Florida.
1 . 7 City's Contribution: The annual contribution needed to actuari-
ally fund the liability for annuities credited to employees on the basis of
actuarial methods and assumptions approved by the Council.
1.8 Council: City Council of the City of Clermont.
1 . 9 Creditable SerYiee: Service in the employment of the City of
Clermont for which credit is allowed under the terms of this Ordinance.
Such service shall be computed to the nearest whole month of completed
service but not including any fractional parts of a month.
!. 10 Effective date of the Plan: The date on which the operation of
the Plan is to commence for the pur~ose of determining eligibility, benefits
and related matters, which is hereby fIxed as the first day of November 1,
1960.
1. 11 Employee: All fersons employed by the City and so classified
under personnel records of the City, including "f;robational" or ".:ermanent"
emrJoyees. Any appointed officer shall only be qualified under this Plan
under only one office and that office being the one from which he receives
the largest annual salary, comx;ensation or remuneration. Indefendent
contractors are excluded. Part-time employees are excluded.
1.12 Fund, or Pension Fund: All sums of money paid into the Plan
py the City, and all gifts and contributions to the Fund, accepted from
other sources, together with earnIngs and appreciation of the same, less
disbursements made from said money, in accordance with the Plan, or
less any losses or de{:reciation, of asset value.
1. 13 Gender: The masculine f.ronoun shall include the feminine
..ronoun.
1.14 General Em~loyee: A general emrloyee shall include all
(2)
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employees as defined in 11.11 hereinabove other than Policemen and Fire-
men.
1. 15 Member: .Any person employed by the City who is included in
the membership of the Plan 8S either an original member or a new member.
However, a member shall be limited and restricted to the definition of
employee.
1.16 Membership Service: Service rendered 4S a full -time penna-
nent employee since last becoming a member of the Plan. Such service shall
be computed to the nearest full month of completed service but not including
any additional fractional parts of a month.
1. 17 New Member: Any permanent employee who becomes a member
of the Plan after the effective date of the Plan.
1.18 Normal Retirement Date: The normal retirement date of a member
shall be his normal retirement date 8S determined in accordance with the
terms of the Plan.
1. 19 Original Member: Any permanent employee of the City includ-
tng Pol1cement and Firemen, who becomes a member as of the effective date
of the Plan.
1.20 Permanent Eniployee: An employee who has completed his pro-
bat10nary period, , been approved for permanent status by the department
head under whom he is employed, or the City Council, if approved by it,
and has been certified by the City Clerk or City Manager as a permanent
employee, or according to the personnel records of the City pertaining
to such employee.
1. 21 Plan, Pension Plan, or General~loyees' Pension Plan: The
system of retirement benefits provided iiiiaertliie Ordinance.
1.22 Plan Year: A period of twelve consecutive months measured
from the effective date of the Plan, or from any anniversary thereof.
1. 23 Retirement: Withdrawal from active employment by the City
with retirement income granted under the provisions of this Plan.
1. 24 Retirement Income: Annual payments for life payable in
montbly insiiIlmentso or the actuarial equivalent paid in Ueu thereof, in
accordance with the Plan. It is contemplated that separate actuarial
tables may be used for male and female employees to reflect the different
Ufe expectancies.
1. 25 Treasurer: The Treasurer of the Plan is the City Clerk of
the City of Clermont.
1. 26 Trustee: Any Bank having Trust Powers which haa been desig-
nated as Trustee of the Pension Fund by the Council.
(3)
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ARTICLE 2.
E5I' ABUSHMENT OF THE SYSfEM.
2. 1 A pension and retirement system for full-time perManent
employees in the service of the City of Clermontt Florida. isl.ereby
established to provide retirement benefits as provided by this O.-dinance.
It shall be known 8S the EMPLOYEES' PENSION PLAN OF CITY t'F
CLERMONTt FLORIDA, or briefly, CLERMONT PENSION PLAN.
ARTICLE 3.
MEMBERSHIP AND SERVICE.
3. 1 Original Members: All full-time. permanent City employt. ~s
who have not reached age 65 (age (JO for Firemen and Policemen) on th ~
effective date of the Plan. shall panlc1pate in the Plan on the effective
date.
3.2 New Members: New, full-time, permanent city employees
will become ellgl61e to participate in the Plan aD the first day of the montL
following, or coinciding with the date of their employment.
3. 3 Definition of Creditable Service; Creditable Service for retire 'P
ment for the purpose of calculating benefits shall consist of the membership
service rendered by the employee since he last became a member, to his
normal retirement date.
3.4 Service before the Effective Date of the Plan: No credit will be
given for service to the City before November 1, 1950.
ARTICLE 4.
CONTRlBlTflONS AND FUNDING:
4. 1 Cost of Plan. The cost of the Plan will be borne entirely by the
City and by State remittances to finance retirement of firemen and police-
men, i:n accordance with 1175 and ft185, Florida Statutes. Employees will
not contribute to the cost of the plan.
4. 2 City's Contribution: The City shall pay into the Fund amounts
required to provide the benefits under the Plan, as shall be determined by
an actuarialinvestigadon as provided in Article 7.
4. 3 Gifts to the Fund: The City, its Councll, may accept gifts,
devises, bequests, or appropriations to or for the fund from any source,
but shall have the right to reject the same if they are so donditioned as to
conflict with the Charter or this Ordinance. or to make the administration
of the same unreasonably difficult.
4. 4 Treasurer: Gifts, bequests, devises, or ap{iropriadons to the
Fund shall be received by the Treasurer, who shall be the Treasurer for
the Council. The Treasurer shall be liable for the safe keeping of funds
received. and appropriated by the Council under his bond. The Treasurer
shall at. least quarterly transfer to the Trustee or the Insurance Company
all funds received and funds appropriated by the City Council.
4. 5 Investment of the Fund: All the monies paid in to and held by the
(4)
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Pension Fund shall be promptly deposited with the Trustee or the Insurance
Company for the credit of the Pension Fund according to the terms of a
Trust Agreement or contract to be negotiated with the Trustee or the
Insurance Company.
ARTICLE 5.
RETIREMENT AND RETIREMENT BENEFITS.
5.1 Normal Retirement: A general (excludes Firemen and Policemen)
employee WIll normally retire on the first day of the month following (or
coinciding with) the attainment of the ages shown in the following schedule:
Age at Entry into the Plan
55 and under
56
57
58
59
60 to 65
Retirement Age
65
66
67
68
69
70.
Firemen 8JJd Policemen will normally retire on the first day of the month
following (or coinciding) with the attainment of the age shown in the schedule
below:
Age at Entry into the Plan
50 and WIder
51
52
53
54
55 to 65
Retirement Age
60
61
62
63
64
65
In the event of such normal retirement the retiring employee shall be
entitled to and shall be paid an annuity payable monthly beginning with the
month of retirement and continuing until death. The amount of annuity to
which a retiring employee will be entitled will be calculated as follows:
For each year of credited service. an employee will receive
an annual pension of 1 per cent of his annual earnings uf- to
$4. 800.00. plus 2 per cent of annual earnings in excess of
$4.800.00.
An employee will be given credit for hie service to the city starting
November 1. 1950. or his date of employment. whichever is later. and
ending with his date of retirement.
5.2 Pension Payments: Pension payments will be made monthly
beginning with the first month of retirement and continuing until death.
unless he has elected the contingent annuity o~tion in which case payments
will be. made in accordance with the option.
(5)
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5. 3 Delayed Retirement: An employee who does not desire to
retire on his normal retirement date may make written application to
the City Clerk or City Manager for retention in regular or part -time
employment subsequent to the time of normal 'retirement showing that
the same is in the best interests of the City by reason of his special
knowledge, relative efficiency, difficulty of replacement, or other
simUar or extraordinary factors. Upon the reoommendation of the
City Clerk or City Manager, and approval by the Council, the employee
may be retained by the City for a period not to exceed one year following
his date of normal retirement. Nevertbeless~ similar additional applica-
tions for renewal of retention In employment, may be made under the
same procedure in each of foUl" successive years, or untU the employee
reaches age 70, whichever is earl1er. In the event of such deferred
retirement, the employee, upon retirement, shall receive the same
amount of monthly retirement pension that he would have received bad
he retired on his normal retirement date.
5.4 Retirement Prior to Normal Retiremen;: Date: A general
employee who has twenty years of credited service and has attained his
60th birthday may make written application to the City Clerk or Manager
for early retirement. On recommendation of the City Clerk or City
Manager and approval by the Council, the employee may retire on the
first day of any month following, or coinciding with, his 60th birthday.
In such an event be shall be entitled to and shall be paid in annuity equal
in amount to the annuity computed on the besis of normal retirement,
except that the amount so computed shall be reduced by five -twelfths
(5/12ms) of one (1) per cent of said amount for each month that early
retirement preceeds his 65th binbday.
A Fireman or Policeman who has twenty years of credited service
and bas attained his 55th birthday may make written application to the
City CJJerk or City Manager for ,early retirement. On recommendation of
the City Clerk or City Manager and approval by the Council, the Fireman
or Policeman may retire on the first day of any month following, or coincid-
ing with, his 55th birthday. In such an event he shall be entitled to and
shall be paid an annuity equal in amount to the annuity computed on the basis
of normal retirement. except that the amount so computed shall be reduced
by five-twelfths (5/12ths) of one (1) per cent of said anlOunt for each month
that early retirement preceeds his 60th birthday.
5.5 Termination of Service prior to Normal Retirement:
(a) Less than 20 years of credited service or less than age 55:
If a member of the Plan dies or ceases to be a ~rmanent employee
prior to his normal retirement date and has less than 20 ~ars of credited
servic~ or bas not yet attained his 55th birthday, all rights of the employee
in the pension plan will terminate. In case of firemen and policemen the
50th birthday shall apply.
(b) 20 Years or more of credited service and aged 55 or more:
If any member of the Plan terminates employment with the City
prior to his normal retirement date and has completed 20 years or more of
(6)
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credited service and has attained age 55 or greater (in case of Firemen
and Policemen age 50 or greater), the pension credit earned at termina-
tion will be fully credited to the employee. He may, when he reaches
his normal retirement date, make written appllcatlon to the City Clerk
or CIty Manager for the pension earned, and in such an event, he shall
be entitled to, and he shall be paid, an annuity computed on the same basis
as that of other employees who retire on their normal retirement date.
5. 6 Death Before Retirement Date: The interest of an employee
who dies before his normal retirement date will cease and no death
benefit under the Plan will be paid to his estate or to his beneficiary.
5. 7 Death After Retirement Date: . If an employee dies after retire-
ment no additional payments will be made Wlless the contingent annuity
option has been selected in whicb case payments will be made in accordance
with the option.
5.8 Retirement Annuity Option: The member may elect to receive
annuity benefits payable under the pian with the approval of the Council
in the form of a joint and survivor annuity instead of the normal annuity
form, which shall be the actuarial equivalent of the annuity which he would
normally receive. Under the Joint and survivor annuity, two-thirds of
the retirement annuity income continues to the surviving contingent
annuitant, until his or her death. The joint and survivor annuity election
must be requested by the employee at least three (3) years prior to date
of retirement, including retirement prior to normal retirement date, and
shall be subject to approval or disapproval by the Council at the time of
election.
The election of a joint and survivor annuity shall be deemed
to be automatically cancelled in tbe event of the death of either proposed
annuitant prior to the member's actual retirement.
5.9 Social Securit~ Option: An employee who retires before be is
entitled to receive month y benefits under the Social Security Act may elect
to have his retirement annuity payments increased before his Social Security
benefits begin , and decreased thereafter to obtain, inso far as practical,
a level total yearly retirement income from tbe two sources. The amounts
be will receive both before and after he becomes eligible for Social Security
Payments shall be the actuarial equivalent of the benefits to which he would have
been entitled bad he not selected this option.
5.10 Member Records; Status Statements: A separate record of
account shalf be maintained for each member, which, among other things,
shall show his service record, his exact age, any designation of alternate
or contingent beneficiaries, together with any such information as is
necessary for an active and comprehensive determination of his status
under this Plan as determined by the Council.
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Ordinance shall not be subject to execution, garnishment, attachment, the
operatioD of any bankruptcy or insolvency law or any other process of law
whatever, and shall not be subject to assignment, pledge or hypothecation
unless expressly authorized in this Ordinance.
5.12 Errors, Corrections and Adjustments: Should any change or
error in the records of the Plan be discovered, or any error in any calcula-
tion be made resulting in any member or beneficiary receiving from the
Plan more or less than he was entitled to receive, the Council shall have the
power to correct such error, and as -far as possible to adj ust the payments
thereafter to be made in such a manner that the actuarially equivalent of
the benefit to which such member or beneficiary was correctly entitledD be
paid.
5.13 No lnterest in the Fund: No member, employee, beneficiary or
other persons shall have any interest in, or right in, or to the fund or any
pan thereof, or any assets comprising of the same, except only as to the
extent expressed provided in this Ordinance.
5.14 Payments in Case of Legal or Other Disability: \\1benever and
or as often as a person entitled to payments hereunder shall be Wlder legal
disabiUty, or, in the sole judgment of the Council, shall otherwise be
unable to apply such payments to his best interests and advantage, the
Council in the exercise of its discretion may direct that all or any portion
of the benefits of such members payable" in anyone or more of the following
ways: ."
(1) Directly to such persons;
(2) To bis legal guardian or conservator;
(3) To his spouse, or to any person to be expended
for his benefit;
The decision of the Council shall, in ElAch case, be final and binding
on all persons, including the effected member of the Plan.
ARTICLE b.
LEAVES OF ABSENCE AND MILITARY SERVICE:
6. 1 Leaves of Absence: Any member who has been granted a leave
of absence (except for vacations, extended vacations, sick leave, extended
sick leave, or leaves of absence of benefit to the City and approved by the
Council) t shall be allowed service credit earned prior to the st.an of leaves
of absence, and with service credit to resume upon return to employment.
6.2 MiUtary and Related Service: When any member is inducted or
enUsts into any of the Armed Forces of the United States, or enUsts in any
reserve component, enlists in the United States Coast Guard, or in any
other reserve component, or enters upon active duty in the Armed Forces
of the Umted States, the United States Coast Guard, or the United States
Public Health Service in response to an order or call to active duty, (here-
after referred to as'''mtl1tary or related service") , and is subsequently
re -employed by the City within 90 days after release from any such service,
shall again become a member of the Plan, and shall be given service credit
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for the service before entering military or related service, and if
approved by the Council for the period of time spent in military or
related service as well.
6.3 'tle-Bm 10 ent; No Leave of Absence or Mllitar ~ervice: When
any former emp oyee of the ity is re -emp 0 ,and said employee has not
been granted a leave of absence, he may receive credit for prior service if
and only if (1) the period of prior employment was of at least ont.. year's
duration, (2) the City Clerk or City Manager recommends that be be given
credit for prior service, and (3) the Council approves said recolmoondation.
ARTICLE 7.
ADMINISTRATION OF THB PLAN.
7. 1 General Supernslon: The general supervision of the admi.t1stra-
tion of the Plan shall be by the Council.
7.2 Compensation of the Council: The members of the Councll ~ban
serve without compensation for their services.
7.3 Meetings of the Council: This Plan or any matter herein may b.'
considered and disposed of at any Council Meeting. A majority of the mem.,
bership of the Council shall constitute a quorum and all decisions, acts, ~
resolutions of the Council shall be by affirmative vote of at least three members.
7. 4 Administrative R~ulations: The Council, with the advice and
consent of the City Clerk or City Manager, by resolution may promulg :~te
written rules and regulations not in conflict with the expressed terms (f this
Ordinance or the Chaner to cover the operation of any phase or pan of the
Plan as provided by this Ordinance. Copies of such rules and regulatiol\3
shall be furnished to any member of th~ . Plan upon request and at least o.te
copy thereof hhall be kept available in the office of the City Clerk for en mina -
tlon by any interested persons at any time dUi'ing ordinary business hourtl.
Otherwise, a copy of this Ordinance shall fully meet the provisions hereil.
7.5 Interpretation of the Plan: The Council has the power to cnnstrte
all terms, rules, conditions, and lilnltations of the Plan, and its constructll.ln
made in good faith shall be final and conclusive upon all parties' interests.
7. 6 ~ents and Employees: The Council shall have the power to
select, emPloy and compensate, or cause to compen8&te from time to time
such consultants, actuaries, accountants, attorneys, investment counsel,
and other agents and employees as they may deem necessary and advisable
in the proper and efficient administration of the vlan.
7. 7 Other Powers and Duties: The powers and duties of the Council
or of any other persons as set out herein are not intended to be complete
or exclusive but each such body or persons shall have such powers Jnd
duties as are reasonably impUed under the terms of this ordinance. Where
not in conflict with this Ordinance, the Charter, or the Trust Agreement"
or contract entered into with the Insurance Company, shall govern.
7.8 Secretar~f the Council:" The City Clerk or Deputy Clerk shall
be Secretary to the unci! under this Plan.
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7. 9 Duties of the Secretary: It shall be the duty of the Secretary
to keet: accurate minutes and record~ of the acts of the Council under
this Plan ser:arate and a}J8rt from the regular minutea of City Council
meetings. Tbis provision is made for the express rurlose of having
all proceedings in connection with thid Plan in one set of books, thereby
saving going tiH"ough all of the minutes of the various Council meetings.
They shall be available to the fublic, City officials, and em1-loyees under
this Plan, at all times.
7. 10 V'ritten Records: All notices, elections, designations and
changes of beneficiaries and similar writings ~rtaining to the operation
of the Plan shall be made and {Jreserved in writing on such forms as the
Council may direct. The Secretary shall maintain all records in segre-
gated files ~ertaining to the Plan and they shall not be intermingled With
other files of the City. ~ 'henever there is any notice, election, designs-
tion, com~:laint, ruling, or other written {-roceedings relating to a larticular
employee, the Secretary shall furnish the Trustee or the Insurance Company,
when necessary, with a copy of same, as well as the employee.
7. 11 The Council shall have authority to negotiate a}:..propriate
contractti with a Bank having Trust Powers, or an Insurance Com(.any or
companies, under the terms of which Trust Agreements or contracts funds
, will be deposited with the bank, company or comt:anies, as determineq by
the Council and annuitles may be provided for in~mbers and their "benefici-
aries in accordance with the terms of this PlEin. The Council may terminate
such Trust Agreements or contracts or negotiate amendments as it sees
fit.
7. 12 Annual Reborts by the Trustee or Insurance Company: The
Trustee or Insurance ompany or Companies with which a Trust Agreement
or contract or contracts are entered into for the administration of the Plan
shall submit a statemeRt of the condition of the funds on de~sit to the credit
of the Pian at least once yearly, and may be required to sUl~ply copies of
such statements to an actuarial consultant designated by the Council. The
original shall be retained among the records of the Secretary of the Council.
7. 13 Actuar.l: The Council shall employ an actuary to review the
operation of the Plan at intervals of not more than two years, and to. make
his recommendations to the Cotmcil as to the actuarial solvency of the Plan,
the amount of the City's contributions to the fund which in his opinion, is
necessary to be made for the current overation of the Plan, what benefits
the Plan can afford to pay on the basis of accumulated contributions to the
Plan, and current rates of contribution, and such other informatlc)D as the
Council may require. The Actuary's report shall be submitted in writing
and co~ies thereof shall be available to members of the Plan uI-on request.
The Council may also retain said Actuary or some other actuary as a con-
sultant, and provide for com"ensation for services." .
7.14 Adoption of Tables: In making any actuarial comf.utation yrovided
in this Ordinance, the tables, charts, and other statistical information shall
be selected by the Council from standard sources in common use by. other
annuity and ~ension f lans, including but net UmiteQ to those operated by
(10)
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,I
goverllfReDt81 bocaesin tlle United States of America, or by the United
States I8tenutl Reveaue Service.
7. 15 Re-s' - 0 , . i!JJ>i}.t}Ues of M-embers and Beneficiaries: Bach member
or bef1eficlal'Y or Qt : er h'lterested me, 'I' eha be resfOnsible for advis-
ing the CoUDCU of bis curreDt maiUng address, and promptly advisisg the
Couacll remDng to a'I1!Y error, in woosoever favor, in COnnectlOR witb
r-ayment of beBefitor stiyother payment under or in connection With the
Plan.
7.l6 meerest on Dela~ Paymests: . f'en,s'ion payments, aLthough
~ot promptly paid for alay reaSoR, 8.fld allY other payments to be made out
of the fllSd, akhoup not paid promptly for any reason, shall Dot bear
interest tmless 80 ordered by the Council. who shall have discretion to fix
the rate aDd calcttlate uy such interest, aDd in such event, the interest
to be ~.aid shall DOt exceed the theB current rate of interest being returned
on the fads on deposIt With the Trustee or the lnsurance Company, or
other fiMiJCiallnstitution.
- 1. 17 Persoaal WabiUty: Bacb me.mOOr of the Council shall use
ordinary care aAd dilIgence in. the performance of his duties aBd shall not
be liabie for suy loss Wlless resultisg in IUs-own gross negligence, or his
wUfuU misconduct; nor such members sl:1all be ~er80naUy liable ul-on or
with respect to any agreement, act, transaction, or omission &xecuted,
comi-tted or suffered to be committed himself as one or a mem,ber of said
body or by any other member, agent, relJresentative, or emiiloyee of any
body; moreover said bodies and members and agents thereof shall each be
fully pr~cted in relying on the advice of the City Attorney or his assist-
. ants, 01' upon a'RY otherattomey, employed by the City. or said bodies, or
either ef them insofar as l~galDlatters are concerned, or any accountant
similarly employed in,sofar as accoURting matters are concerned,. and of .
any actuaries similarly employed so far as actuarial matters are concerned.
.Any ~,etsou having any claim under the Plan shall look solely to the assets.
of the ftmd for the satisfaction of such claims.
7.18 SmaU Annuities - Lump Sum Payments: Whenever aD)' retire-
ment annuities shall be less than $10.00 per month, the Council may elect
to havepayme.Bts made quarterly. If the annuity payable at quarterly
intervals shall be less than $10.00, the Council may elect to pay the comm-
uted value of the same, calculated at regular interest, in one lump sum. - .
Such election shall be made wltMn six months after the member's retire-
ment unless he consents in writing to a subsequent election by the -Council
under tltls section.
. 7. 19 'Filing Defined: Where any notice, election, or other instrument
Is required or permitted by this Ordinance to.be filed With the CouncU,. .
the same may be filed With its Secretary.
ARTICLE 8. .
FurURE CHANGES IN THE OPERATION OF THE PLAN.
8.1 General:. It is.contemplated. and all original and new members of
th~ Plan shall be deemed to have notice, that th~! City Council of this City
(II)
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may in the future decide that it is in the best interests of the City and
the members of the Plan to modify or terminate Trust Agreements or
contracts entered into with an Insurance Company or companies, to
exerciae o{tions available to the City under the terms of such Trust
Agreements or contracts, to select another Insurance Company, Trust,
or other flnanclalinstltution, as the depository for pension funds.
ARTICLE 9.
PROTECTION AGAINST FRAUD AND DECEIT.
9.i Violations ond Punishments: 'A'hosoever with intent to deceive
shall make or cause to be made any statement, report, certificate, elec-
tion' notice, claim or other instrument, authorized or required under
this Cwpter, whether of the enumerated classes or otherwise, which
shall be untrue, or who shall falsely or, cause to commit to be falsified
any record comprising any pan of the operation or administration of
the Plan contemplated by this Ordinance, shall be as follows, to-wit:
by a fine, not exceeding $300.00, or by imprisonment, not exceeding
90 days, or by both such fine and imprisonment. Any such violation
shall also be punishable as iirovided under the laws of the State of Florida.
ARTICLE 10.
AMENDMENT.
10. 1 Power to Amend: The City Council shall have continuous power
to amend this Ordinance after two (2) full weeks published Notice. (2 inser-
tions being sufficient).
ARTICLE 11.
SEPARABILITY AND CONSTRUCTION.
11.1 In the event any section, sub-section, sentence, clause or
}:.hrase of this Ordinance shall be held to be invalid or unconstitutional
such adjudication shall not in any manner aff~t the remaining portions
of this Ordinance, which shall be, and remain in full force and effect, as
fully as if the l-'Ortions 80 J udicated in ballot are unconstitutional were not
originally a part thereof. The articles and section headings included in
this Ordiaance shall not be construed to limit the text included hereunder.
ARTICLE 12.
REPEAL OF CONFLICTING ORDINANCES.
12. 1 All Ordinances and pans of Ordinances in conflict herewith are
hereby repealed to the extent of such confUct.
ARTICLE 13.
EFFECTIVE DATE.
13.1 This Ordi~nce shall take effect in accordance with law and
the Charter of the City of Clermont, Florida, as amended, and shall
become effective immediately upon its passage. and approval by the Mayor.
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PASSED by the City Council of the City of Clermont on its first
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reading on December 20th, 1960.
PASSED by the City Councll of the City of Clermont on its second
reacJil\g on December 20th, 1960.
PASSED by the City Council of the City of Clermont on ~.ts third
reading on December 20th, 1960.
ATTEST:
Isl A. M. Johnson
City Clerk
Isl Charles B. Roe
Vice - President of City Council of City of C'.ermont
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RECEIVED AND APPROVED by me this December 20th, 1960.
Isl Joseph Bon Jorn
Mayor of City of Clermont
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I HER E BY C E R T I F Y that a copy of this Ordinance was posted
as required by the Charter and General Ordinances of the City of Clermont,
this December 20th, 1960.
181 A. M.dOhn80n
City lerk
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