Loading...
03-08-1965 Adjourned Meeting e ~ - MINUTES N? 231 ADJOURNED MEETING An adjourned meeting of the City Council of the City of Clermont was held in the 'office 'of the City Clerk on Monday, March 8, 1965. In the absence of Mayor BonJorn the meeting was called to order by Council President James Hoskinson at 5: 15 P. M. with' 'all Council members pres'ent. Others present were City Attorney Langley and City Clerk Johnson. Motion was made by Mr. Turville, seconded by Mr. Pool and carried that the City Charter be amended to permit the City of Clermont to levy a tax on the 'saleof fuel oil within the 'City. Motion was made by Mr. Turville, seconded by Mr. York and carried with Mr. Beals voting nay that the City Charter be amended as follows: A copy of the proposed amendments appear immediately following, and are a part of, these minutes. . Mr. Beals discussed the matter of a septic tank and drain field at Kehlor Park with the Council and asked what they wanted <i!:one about the matter. Motion was made by Mr. York, seconded by Mr. Turville, and carried, that Clerk Johnson get quotations on the installation of a septic tank and drain field at Kehlor Park and that he be authorized to have the work done. Motion by Mr. York, seconded by Mr. Pool, and carried, that the meeting adjourn until Tuesday, March 16, 1965. ~ ames Hoskinson . ~ Council President /' '. ~ ~ ) , r. " ~ e ./ I ~-'-:-1""?#' 1M, ~ PROPOSED CHARTER CHANGES TO BE SUBMITTED TO THE LEGISLATIVE DELEGATION AT LOCAl, BILL HEARING I, ) The foll owing are submi tted as proposed Charter Amendments to the present City Charter of the City of Clermont, Clermont, Florlda: ARTICLE I shall remain the same with the except:lon of Section 5, the last sentence therein to be amended as follows: No person shall be eligible to any of said offices, except those of Marshal, Clerk and Tax Collector, and City Manager, who shall not be a citizen of the State of Flor:l.da, and a resident and legal voter and free- holder of said city at the time of the filing of his Petition to run for office. ARTICLE II shall remain the same except for the deletion "1f Sections 8, 11 and 13. ARTICLE III shall be amended as follows: Section 15 - Paragraph A (1) shall be amended to show the date of the general election to be the first Tuesday in December, commencing in 1965. Delete "Mayor and". Section 15 - Paragraph A (2) shall remain the same. Section 15 Paragraph A (3) shall read as follows: At least 30 days prior to the general election to be held in 1965, the electors of this City shall decide by a majority vote cast in a duly held referendum whether their Mayor shall henceforth be elected by the electors in the gene~al election or whether he shall be elected from the City Council by a majority vote of the Council Section 15 - Paragraph A (4) shall read as f~llows: If the Mayor is elected at the general election, he shall preside at Council meetings and be recognized as the head of the City government 'for all ceremonial purposes and by the Governor for purposes of military law. In no case, howev~r, shall the Mayor have a vote on Council matters nor shall he have any administrative duties or powers other than those specifically delegated him by Council. Section 15 - Paragraph A (5) shall read as follows: If the electors deoide by a majority vote at & dUly held referendum that the Council shall elect a Mayor-Councilman from their number, then, and in that case, the Mayor shall be recognized as the head of Ctty government for all cere~ monial purposes and by the Governor for purposes of military law; shall preside at Council meetings; shall vote, only in, case of a tie or on a requested roll call vote. Section 15 - Paragraph A (6) shall read as follows: If the Council is given authority to elect a Mayor-Council- man from their number then shall ttley also elect a Mayor pro tern to serve in the Mayor's inability to serve and to f'u) ('11] the rll1oxp:tred term of the MayoT'. when vacated fot' an,y II(Ht~nl). 3ect"lon l'~1 - P,al:'ag:raph A (,t) /lJha)J :rQad as fol1owl'll "'1... . " . it . _ ~" ." " . I. e WHENEVER in any general election held on the. first ']lueaday of' December, commencing tn 1965, no candidate I!thaU tace!VI1 a ma..}olfil;y c..1t the;' voteM OQ.ttlt fen' U,r1Y . elected office of this City th_~,ln that case, the City shall provdde for a second election to be held on the third Tuesday of December wherein the names of the two candidates for whom the highest number of votes were cast for such office shall appear on a run- off ballot, the cQndidate receiving the majority of votes cast in the run-off election shall be declared the winner. Sections 16, 17, 18, 19, 20 and 21 shall be deleted. Section 22 shall be amended to read as follows: That the City Council shall have the power and is here- . by, authorized to create such offices and provide by Ordinance for the election or appointment of all such additional officers and employees as may, in their Judgment, be necessary for the good government of the said munic ipali ty; the Counc il shall have the right at. any time to abolish such offices as are created under this Section except as provided elsewhere in this Charter. The Council is authorized and empowered to employ a City Manager who shall be selected by the City Council for an indefinite term and who shall be paid a salary and other compensations as are fixed by the City Council. 'The City'Manager may be removed from office by the City Council without a hearing any time within the' first ninety (90) days next succeeding his hiring, but after that time he shall be given ample notice and hearing before discharge. In any event, the City'Manager shall be entitled to the next succeeding months pay after his discharge There shall be added to Section 22 the following sub- Sections: (1) The C~ty 'Manager - Qualifications. The City Manager shall be chosen by the Council solely on the basis of his executive and administrative qualifications with special reference to his actual ex- perience in, or his knowledge of, accepted practice'in respect to the duties of his office as hereinafter set forth. At the time' of his 'appointment, he need not be a resident of the City or State but during his tenure of office he sh~llreside.wlthin the City. (2) The City Manager - Powers. and Duties. The City Manager shall be. the Chlef Executive Officer and the Head of the Administrative Branch of the City Government. He shall be responsible to the City Counc:tl for t.he proper admlnletratlon of' all affairs of the CJty a.nd to tha.t end, he /Shall have p(lW~r' a.ncl pJhalJ. he r'~- quI t'ed 1.0: ( a) Appoint and, when necessary for the gooQ of the service, remove all officers and employees of the City except as otherwise provided by this Charter and except as he may authorize, the head of a department or offiqe, to appoint and remove subordinates in such. department or offices; -2- .. ....; ..~ 'I e .. ., (b) Prepare the Budget annually and submit it to lthe Council and be responsible for its ad- ministration after adoption; (c) Prepare and submit to the Council as of the end of the fiscal year a complete report on the finances and administrative activities of the City for the preceeding year; (d) Keep the Council advised of the financial condition and future needs of the City and make such recommendations as may seem to him desir- able; (e) To attend all meetings of the City Council and of its committees and keep the Council advised of the activities of his office, with the right to taJte part in the discussions but without having a vote; (f) To perform such other duties as may be pre- scribed under the Charter or as may be re- quired of him by Ordinance or Resolution of the City Council! (g). He sh'll be Purchasing Agent of the City, by whom all purchases of supplies shall be made subject to the'ru1es and regUlations to be prescribed by the Council and he shall ap- prove all vouchers for the payment of same. In the capacity of Purchasing Agent he shall also conduct all sales of personal property. which the Council may avthorize to be sold as having become unnecessary or unfit for the City's use. All purchases anq sales shall conform to such regulations as the C,i ty Council. may from time to time prescrtbe. Written com- petitive bidding shall be required on all purchases, sales or contracts exceeding $300.00. (h) Fix the salary of officers and employees ac- cording t.o the wage schedule approved by the City Council. (3) Management and Control of City Public Utilities. The City Manager shall mana.ge and control all City owned publiC utilities operated and managed by the muni- c tpall ty and the offlce of the City Manager shall be charged wI th the management and oper'at:l.on of all public works, char''\. table and correc t:tonal J.TIst:1 tut:t one and agencdes of the CIty; sub.le9t to re!2;ulaUons prescrlbed by o I'd lnanoe, enforce all Laws, Ordlnanc;e, and 11egu) a- tlona relat.:l va to the pr.eservat.1.orl and p'f.'omot:l.on of pub11.c health; shalJ manage and lnapeo t; wa.ter., 1 tp;htlng~. heaU.ng1 power. and tr.a.nsportat:lon enterprises of the ' City; shall manage a.nd control the use, construction, improvement, repair and'maintena.nce facilities of .the City, :lncluding pa.rks, play grounds and public gymna- siums, and social centers. He shall manage and S1.1per- vise all public improvements, works and undertakings of the C1 tyexcep~ a.s otherwise prov:1.ded in thj ::I Charter. (II) At)l')('llI'C(~ of C:U,y Ma.nap;el'. "0 perform his dul',ies dur'1 hj:!; hI s temporary. ahsence -3- .r . . " -- -- ~- /' or 41aab11i ty. the Manager ~ desIgnate by letter tiled with the City Clerk.. qualitied Administrative officer ot the City. provided, however, the appointment shall not be tor & period longer than fifteen (15) d.,8.In the event of failure of the Manager to make Iuch de.isna.tlon. the Counoil 111.:1 by Reaolution ap- point an offioer ot the City to perform the duties ot the Manager until he ~h&ll return or his 418- &bili ty aha.ll oeaae Ii (5) COJlP4!t1'laatlon ot Manager TheCitr Manager Ihall receive suoh oompensation &8 the City Council Il&y deteAlllne by record vote. Section .. Ihall read .. tollow.. The ottice. or C1~ Attorney, City Clerk and Mpn101pal Judge shall be appointed by the City Counoil Md removed only by eit, Oouncil and the removal ot any such orriaera shall be done , by the _Jori ty vote ot the C 1 ty Counc il. Sections 23. 24,. 25, 26. 27 and 28, ahall not be changed. Secticm 29 ahal1 be amended to read as tollows: There IhAll be a City Police Chief who .hall be appointed by the C1t,. Manager. His term ot o1'1'loe ,hall be for one year. The Police Chief' ~ be removed from otfice by the City Manager and the City Manager m., appoint a suooessor tor hill. Whenever the term 01 ty Marshal is used here- in, it shall be synonymous with the term Polloe Chief. There shall be added as ARTICLE XIII ... Tax - Utili ties tS.. Fuel Oil Bill attached hereto) SEE CHARTER ,",,'. -e ~ A BILL . ""\ r TO BE ENTITLED AN ACT AUTHORIZING AND EMPOWERING TJ;E CITY OF CLERMONT T().!MPOSE, LEVY AND COLLECT \IN PURCI-L<\SES OF 1: :~ :TRICITY, METERL:l1R EO TTLFD GAS, ~ R" ; \IF AND .[o'Ur-:=L OIL. TFR SER VICE, TF LE.f'HONE SER 'nCE Al\lD -':ELEGRAPH SE.RVICE WITHIN ITS CORPORATE fJ.'\1ITS A TAX iN ~N AMOUNT NOT TO EXCEED n::N,-'f r< CENT OF ;T;E PA YMENTS RECEIV ED BY THE ::5ELI.FR OF SITCH l.JT~i..,nY SER VICE FROM THE ~l;RCHASER Al'-ID PRO- \JDINC '~'AX SHALL BE PAID BY THf: PlJRC4ASER Tv r fiE SELLER FOR THE uSE or SAIL' c rTY, PROVIDING FOR or i-fER 1vlATTERS NECESSARY AND INCIDENTA~ l'HERE TO: REPEALING AL~ LAWS 0R PARTS OF LA'NS .IN CONFLIC r HEREWl TH; PROVIDING FOR SEVER- ABILITY; PROVIDING AN l::FFEC ~I'/E DA 'fE:. BE. IT ENACTED BY THE LEGISLA TURE OF THE S L\ TE OF FLORIDA: Se~tiun 1. The City of.. CLERMONT, Florid.a be and the same is he.reby authorized p.nd ;~mpowered, given the right, power and authority, by non-emergency o;',linrtlh. F; [Q li":lpose, levy and coliect on each and every purC'ha3e ~f eler.:tricity, 'netP:'",d ,))' Dottled gas (Natural, liquefied petrole~m gas or manufactured gas), i1l.e: (';{ I:n,-]lld~ng hut not limited to Grades No. I, 2, 3, 4, 5, 6, o.r any C'om- blna~io'1 thereuf), water service. telephone service and telegraph serviC'e In its corpol'atE' l1mits, a tax (straight perC'entage. 'iliding scale. graduated or othel" bai'i 5) in ar. amount nut to exc:eed ten percent(lO%) of ~he ~avment!; received by 'he seller of such utility se:-vicp. from the purchaser ior the purchase of su..::h L1.tility c;erVH e: provided. however, that the ::lale ot ndtural gas or fuel oil to a publi.l cr private utility. including municipal corporations and rural electric cooperative associations, either for resale 01' for use as fuel in the generation of pl~r: I Ie It). ~hall not be deemed to be a ;,ltility service anJ purchases thereof under "..H r. .;, UiYJS'a1'lCes shall r,ot be taxable herennder. II' every case the tax sha:] ',,,, . ,)It~( tpd from {he pUl'chascr or such uti:ity servil'e aAd paid by I:;uch purc.hase.' ir.-r tht. 1\se oi the elt)' 01' town tb the seller of such utility l3ervice a.t the time of .n., r'\l..~hc.s('r ;Jdying the charge therefor to the sell~t'. It shall be the duty ()f every tlcllel" of I!Illl.:h utility service, in acting ae the tax collection medium or agency for -1, . ~ e ,.. ~ ;.:li~ ~itY. ,~f . ,j.'" ...e )... . ... e I"'- ~ to collect fr om the purchaser, for the use of the city, any tax impos ed -- and levied by ordinance enacted pursuant to this section and to report and pay over unto the city all such taxes imposed, levied and collected in accordance with the accounting and other provisions 'of the enacted ordinance. Any such ordinance may provide that federal,. state, county and municipal governments and their commissions and agencies and other tax supported bodies. public corporations, authorities, boards and commissions shall be exempted from the payment of the taxes imposed and levied thereby and may also provide penalties for the violation of such ordinance. In the event any such ordinance imposes such a tax on the purchase of one of the utility services described herein and a competitive utility service or services are purchased in the city. then such ordinance shall impose a tax in like amount on the purchase of the competitive utility service or services whether privately or publicly owned or distributed; however, telephone service and telegraph service shall not be required to be considered competitive services. Section 2, All laws, or parts of laws, in conflict herewith be and the same are hereby repealed. Section 3. If any provision or part of this act be declared to be unconstitutional by any Court of competent jurisdiction such holding shall not apply to any other section than to which such ruling was directed. Section 4. This act shall take effect immediately upon its becoming law. ..~.