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12-17-1957 Regular Meeting ADJOURNED Meeting .. An adjourned meeting of the city Council of the City of Clermont was held at the city hall on Tuesday, December 17, 1957. The meeting was called to onder by vice- chairman Charles Roe at 7:30 p. M. with the following Council members present: Roe, Van Nostrand and Carrington. Mr. HarroJ.d Turville and Mr. Clarence Bishop arrived during the reading of the minutes and Mr. Roe asked Mr. Turville to assume the chairmanship. Others present were Mayor Keene, Supt. Sheldon, City attorney Morse, Police Chief Parker, Dr. Linton, Mrs. Boyd-Smith, Mrs. McTernan, Dr. Carl Smith, Dr. Kenneth Smith, Mr. Donald Horton, Mr. William Dally and Mr. G. J. Egan. Mr. Berkowitz of the State Board of Heal was also present. The minutes of the meetings held on December 3, 1957; December 6, 1957; December 9, 1957 and December 13, 1957 were read and approved. Mr. Berkowitz spoke to the Council with regards to the possibility of the city obtaining a Federal grant under the provisions of Public Law 660. Mr. Berkowitz recommended to the Council that their consulting engineer and fiscal agent complete the application for such a grant. Mr. Berkowitz was thanked for his time in attending the meeting. Mr. Donald Horton spoke to the Council with regards the escrow money of certain property owners now in the citizens bank to cover the property owners share of the cost of pavingf: part~ of Disston avenue and part of Palm Lane. Mr. Horton stated that inasmuch as the paving of the streets waB~ now in litigation and that there was a posSibility that it might be considerable time before the case was settled and the streets paved that certain of the property owners with eEcrQi,'led money were of the opinion that some arrangements should be made whereby they could receive interest on their money. After considerable discussion regarding the matter Motion was made by Roe, seconded by Van Nostrand and carried that the property owners on Disston Avenue and Palm Lane who have money on deposit in escrow shall withdraw said sums and shall deposit it in the Local Citizens Bank of Clermont or the First Fede.ral Savings & Loan Association of Clermont with the city of Clermont and that the property owners will sign releases for withdrawal in favor of the city when Disston Avenue litigation is completed, during which time the property owners shall receive the interest unless same is withdrawn prior to a dividend period; that the property owners to sigh letters authorizing the withdrawal of the present escrow account and the redeposit in an escrow savings account; and said own~rs to sign a consent and direction to the local Citizens Bank of Clermont to either withdraw or establish the account in said bank, or in First Federal Savings and Loan Assln. .. Mr. G. J. Egan and Mr. Wil11am Daly asked the Council to give consideration to a request by the Chamber of Commerce, made herewith, that the city pay rental;. of ~J;62.60 per mont.h to Starr Neon Sign Service for advertising or directional signs under lease to the Chamber of Commerce. Mr. Egan stated that he was not reque st ing an answer immediately but that he would certainly appreciate the Council giving the matter consideration. Mr. Egan was assured that the matter would be c onsidel'ed. A discussion with regards to directional signs also took place. Mr. Roe offered and moved that it be passed AN ORDINANCE ES'rABLISHING NINIMUM REQUIREMENTS j1'OR 'fHE CONSTRUCTION OF S'fREET CURBS FOR ALL STREETS WITHIN THE CITY OF CLEffilONT; PROVIDING arHER MAT'fERS RELATING THERETO. The motion was seconded by Mr. Bishop and unanamously carried. Mrs. Carrington then moved that the rules be waived and that the Ordinance be read the second time by title only. The motion was seconded by Van Nostrand and unanamously carried. After the second reading of the Ordinance Mr. Bishop moved that the rules be further waived and that the Ordinance be p~aced upon its passage. The Motion was seconded by Mr. noe and Una~amously carried. Thereupon the Ordinance was read in full for the third time and upon roll call vote the ayes were Turville, Van Nostand, Carrington, Bishop and Roe. Nayes: none. Absent: none. The Ordinance passed, title as stated, and was ordered recorded in the Ordinance book and numbered 163. A copy of the Ordinance in full appears immediatelY following these meinutes. Mr. Bishop brought up the matter of the request made by Nr. V. A. Oswalt that the city consider the closing of a part of Broome street and the sale of certain city owned T1roperty abutting said Broome street. Mr. Bishop was requested to explain to Mr. Oswalt that if the property were offered for sale by the city that it would have to be sold to the highe st bidder and that in the even some one other than Mr. Oswalt should purchase the property and the street be closed as requested that Mr. Os".'alt would not have any entrance to his property abutting said Broome street. Mr. Roe stated that he would like to express his sincere thanks to city attorney Morse for his splendid cooperation during the past several weeks during which a number of Ordinances have been passed. Mayor Keene reported that Mr. Dayton Blackford, a former police officer of Clermont, had refused to surrender the equipment used by him and owned by the City of Clermont. Mayor Keene re o:~ mended that the city replevin the property in question. City attorney Morse was authorized to obtain from Stokes and Fields the necessary repleviD€~bndQto secure surrender of the city equipment now held by said Dayton Blackford. Motion by Carrington, seconded by Van Nostrand and carried that the account due Florida Nursery and Landscape Company in the amount of $50.00 be paid. Motion by Carrington, seconded by Van Nostrand that the account in the amount of $82.50 due Nr. Allan H. Hamlin be paid. Mrs. Carrington called to the attention of the Council the fact that the trash cans on the Sidewalks in the business were in a bad state of repair. Mr. Sheldon was requested to report back with recommendations regarding the matter. Motion by Van Nostrand, seconded by Roe and carried that the clerk issue Cooper Memorial library a check in the amount of ~2,500.00 as budgeted. Motion by Roe, seconded by Bishop and carried that meeting adjourn until Friday, December 20, 1957 at 5:00 P. M. /~ 'i.'Z: .~ .. /. ,./. ""'0 ){/.A/J. ~?../ I . /L/I~~r-//. . .. .....~. I . ., {~ \ \ ~ ORDINANCE NODo=-LhJr AN ORDINANCE ESTABLISHING :MJNlMUM REQUIREMENTS FOR nIE CONSTRUCTION OP STREET CURBS FOR ALL STREETS IN THE CITY OF CLERMOJ\TT; PROVIDING OTHER MATIERS RELAnNG TIIERETOo W HER EA S ~ the City of Clermont~ by and through its City Council and the Street Conunittee thereof have set up and adopted m.jnirlUIn standards for the c:onstruction and design of all street curbs in the City of Clermont; 8.1l.d9 WHEREAS t property in said City which has been subdivided by its owners have, before their subdivision plats have been approved by said City~ built and constructed their street curbs in C'.onformance with sa:id m1nJ.mum requirements; and, W HER EA S, the said City Council find they should pu~ said minimuln requirements into a more permanent form and make copies the"coof available to the general public, and hereby declaring an emergency to exist as possible subdividers and requesting copies thereof; therefor.eD BE IT ORDAINED AND ESTABLISHED BY THE CITY CCUNCIL OF THE CITY OF CLERMONT, FLORIDA: SEcnONL PURPOSE" The purpose of these specifications is to establish a set of standards for the construction of street curbs for all street pavements to be constructed within the City Limits of the City of Clermont, or in adjacent subdivisions which may be annexed to the City of ClermontD Florida. It shall be the policy of the City of Clermont to require construction of such street curbs to be in accordance with these specifications until such time as these specifications are modified or rescinded 0 SECTION 110 GENERAL. The owner shall be responsible for the protection of all existing structures and all utilities encountered in the projecto Any damage caused by the owner or his operations shall be repaired by the owner, without cost to the City. If the street grades are such that existing water liDes must be lowered, this work will be done by the City of Clermont. SECTION lno OWNER. F01: the purpose of these specifications the owner shall be considered as the person, firm or corporation that is responsible for the C'.onstruction of the street curbs aDd other facilities in the development. Upon completion of the 'WOrk, and accept8DCe by the City of Clermont, the work will then become the property of the (]ity of Clermont, which shall then become responsible for the maintenance of the curbs, subject to other provisions as stlpulated herein. SECTION IV. LICENSES AND PERMITS. The owner shalls€CUT.e aU requiroo licenses and permits and comply with all local, State and Federal laws, regulations, building and construe'" a tion codesD wage"'and'"'hour laws and other applicable laws and regulations. - SECTION V. PATENTS. The owner shall hold and save the City and its office'cs, agents and employees harmless from liabilities of ailY nature or kind for or 011 account of allY patented or unpatented invention, process or appliance used in the perrornlance of this contract, including its use by the City during eonstrl\ction and/or on completion of the project. SECTION VI. INSPECTION. The City p through its authorized representative and agents, shall be permitted at all dines to inspect all work and materials. SEcnON VU. INSPECTION AND TESTING OF MATERIALS" Such inspection and tests of mate.rials as ma.y be requi:red by these specifications and/or customary standard practices ,shall be made by testing laboratories or ag~,ncies approved by the Ci~j . Test reports shall be turn... ished as required, and the costs of such f:eats and inspections shall he borne by the owner. All materials that may be rejected at the site of the work shall be segregated and r6mloved from the site of the work. SECTION VllI. APPLICABLE SPEmFICATIONS. All work to be performed under these specifications sl19Jl conform to the requirements of all standard specifications of the City of Clermont and to all applicable specifications of the Florida State Road Depat~lnent.. The latest published edition of the Standard Specifications of tIle Flo:dda State Road Department is made a part hereof and shall be consider€das included herein. SECTION IXo CONCRETE. All concrete used in the street curbs shall be ready-mix, Class "An concrete. Concrete shall have an average 28 day compressive strengtb. of not less than 3,500 pounds per square inch and a minimum of 3,000 pounds per square inch. At the City's request cylindarsshall be made and tests run a.s directed by the City of Olermont, and elsewhere specifie.d herein. Concrete sllall contain not less than six bags of Portland cement per cubic yard .and shall be poured with a slump not to exceed 4 inches. Where existing driveways occur, the owner shall install drop curb and paved apron at those driveways. SECTION X. FORMS. __ All curbs shall he poured in forms. Forms shall be standard, metal /_curb fo:r.msp properly designed for the type of curb to be poured. Forms shall ~ be cleaned and oiled prior to pouring the curbso AU forms shall be set true to line and grade and shall be properly and adequately braced and anchored to prevent movement during pouring and finishing. No abrupt changes in alignment or grade w1ll be permitted; all changes shall be with IODgu smooth -2'" , ~,~ . ~~:. .. curves. The use of wooden curb forms will be permitted only with the specific approval of the City of Clermonto SECTION XIo FINISHING. After the curb is poured, the exposed surfaces shall be finish.ed by wormlell skilled in this work. All surfaces shall be snlOOth and uniform and final finish shall be with a wood float to produce a rough textured finish. SECTION XIlo cu RING 0 Upon completion of the finishing operations, and as BOOl1 as it has attained an initial set, the curb shall be protected from the elements for a three day curing period. During this (:urlng period the curb shall be kept. wet and shall not be disturbed. Curing lnay be accomplished by covering the curb with sand or burlap, which shall be kept continuously wet, by cover" ing with Siaalkraft paper or a plastic covering reconunended :for this purpose, or by spraying with a covering of curing cornpolmd. The method and procedure of the curing shall be aWt"oved inadval1ce by the City. SECTION XIll. TYPE OF CURB: The type of curb to be used on any paving project subject to these specifications shall be one of three (3) types as shown on t.lte dra.wmg attached hereto marked DraWD:lg No. Ip and made a part hereof as if fully and at large set forth hereino The type of curb for f"..ach specific project shElll be as directed by the City of Clermont. ...3.. SECTION XXV Q CLEAN UP 0 . Upon completion of the work, the owner shall clean up the site of his operations as required to remove all roots;l trash, forms, excess lnatel'ial and othet. debris 0 SECTION XV 0 FINAL INSPECTION 0 When the vvorko or any individual. section thereofv is completed.~ the ;)'iNner may request the City for a :final inspection,? which will be c.lmade as soon cs p:i:acti.cahlen All sections of the work must receive a, fin.e1 inspection before EccelJtance by the City of Cler.monto However D final :im.--pection and approval or aCCli3ptance thel"t:'..of' will in no way c.onstitute approval or acceptance of the street t.o be or being constructed between said curbs 0 SECTION XVIo GENERAL GUARANTEEo Neither the final acceptance or approval of the curb as provided in SectIon XV ahove~ shall constitute an accf'.ptance of work done in a~"X)rdance v1th the owners plans and specifications or re.lieve the owner of any liability tbr faulty workmanship or materials which shall appeal:' wit.hi.11 one (1) year r:.;om the date of final acceptance or approval of the worko In the event defects in the curhs is found within said period and same is due to faulty materials or workmanship the City ftlla11, notify the O.iNner in vn'iting of the abservoo defects who shall rem.edy saJ.'D.e within a .l.'easo:uah\e time at the owners expense. If not so done the City shalll"em,edy mmle and the owner shall be fully liable for same and the said eit"y shall have fl lien upon the lands of the owner enforceable as prescribed by law 0 SECTION XVII" STREET CURBS CONSTRUCTED BY CITY OF CLERMONT 0 Nothing herein sh9Jl in any way be interpreted to allow the City of ClernlOnt to construct any street curbs below the minimunl /3tandars or required I::lents as required in this Ordinanceo SECTION XVln.. VIOLA nONS" Any person, firm or corporation. violating any p:rovisions of this O:rdinance sha.ll not receive the final approval or Q("'..ceptance tbe.roof and the City of Clermont wlll not assume the mainterwnce of same" SECTION XIX.. SEPARABILITY.. /C. If any sectlonD subdsectionD sentence" clause, phrase or portion of this Ordinance is for any reason h(lid invalid 01.' unconstitutional by a Court of conlpeteut jurisdiction, such. portion shall be deerned a separate/! distinct 811..d .independent provision and au en holcllng shall not affect the validity of the remaining portions thereofo SECTION XXo DECLARATION OF EivIERGENCYp EFFECIlVE DATEll REPEAL OF CONFLIC'"!lNG ORDINANCESo The City Council and its Street Committee having heretofore prepared =4= . >4t ~, minimum construction requirements for all street curbs and f.ind there are no further available copies of same and same should also be put into a more permanent form so when amended or altered the public would have full 1010wledge f:hereof; andll further finding that streets have been constructed to conform to said requirements and some are about to be constxucted and ths.t it ia now necessary as an emergency that this Ordinance be passedo Thereforell this Ordinance is passed as an emergency measure and the Council does, by the vote by which this Ordinance is passed!) hereby declare that an emergency exists It which makes it imperative that this Ontinance shall become effective forthwith in order that the public health, welfare and safety might most effectively be provided for 0 This Ordinance shall become effective immediately 0 All Ordinances or parts of Ordinances in conflict vJ!th this Oroina.nee, or any part thereof" are hereby expressly repealedo ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ PASSED AND ADOPTED by the City Council of the City of Clerm.ont" Flori.daf) at its Adjourned Regular Meeting held in the City Hall in the City of Clerinontl) on Tuesdays December 171) 19570 ~~~/~ - . d e City Council ATTEST: City Clerk Q ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ RECEIVED AND APPROVED by me this December 17, 19570 Mayor of the City of Clexmont, Flori.dao ~_c.=::;:> "-c:=r=>~""""'~<=;DC=:;:;O~~~c;:;;;:o~c:r.=tc:::::o~~____c=:=oG:lC:;l~QO'"--'='C::= 1EJ5liil)