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11-09-1954 Regular Meeting ~ ~ .~ ,., ADJOURNED MEFTING An Adjo}trned meeting of the City Council of the City oft:} Clermont was held at the city hall, Tuesday, November~ 1954. The meeting was called to order by Council President, Arthur George, at 7:30 P. M. with the following council members present: George, Winston, Sickler and Olivenbaum. Absent: Konsler. Mayor Boyd, Supt. Sheldon, Police Chief Clark, City attorney Morse, Mr. Ralph Brown, Miss Brantly and Miss ~opdswere also present. The minutes of the meeting held Ovtober 19, 1954 and November 2, 1954, were read and'approved as read. Miss Brantly and Miss Jones asked the Council's permission to used the tennis cour$s at the city park for Basket-Ball, with the understanding that the courts are to be in no way harmed or disturbed. Motion by Sickler, seconded by Olivenbaum that the young ladies request be granted and that the school be permitted to used the tennis courts for basket-ball. Motion carried. -:. Mrs. Richard B. Stanley, Tax assessor, submitted a proposed adjustment on valuation on the following property: lots 7& 8 and 87' of 5, Riveria heights. Clerk Johnson was instructed to inform Mrs. Stanley that the tax roll' for the year 1954-55 had been adopted as submitted by her and that the Council was not inclined to make a~ adjustments on said roll, but that they would consider her recommendations for the next tax roll. Mr. Winston reporting for thw Water Committee, stated that he had contacted the local bank and that the city could obtain a loan at 4% interest for water works expansion. Mr. Olivenbaum recommended and moved that Supt. Sheldon be authorized and instructed to have a city map prepared showing all water mains and hydrants. The motion was seconded by Mr. Sickler and ca rried. Motion was made by Winston, seconded by Olivenbaum and carried that Supt. Sheldon be authorized to purchase a gasoline, chain driven, power saw. This was at the recommendation of the Mayor. Eolice Chief Clark read the yearly Police report. The same was accepted and ordered filed. Motion by Sickler, seconded by Olivenbaum and carried that the following salary increases take effect as of November 1st: Police officers, 10.00 monthly. Fire Chief, 10.00 monthly. J. B. Fullwood, 10.00 monthly. City Clerk, 15.00 monthly. Chairman George stated that Mrs. H. H. Tully had requested that the City cooperate with the State Road Department on a test program of four garbage cans on highway "27" within the city limits, and that the city's part of the program would be the removal of the garbage from the cans. Motion was made by Olivenbaum, seconded by Sickler and carried that the city agree to cooperate to the extent of removing the garbage for a period of six months. Motion was made by Winston, seconded by Sickler and carried that the city attorney request permission from the State Road Department for the city to install flood lights at the intersection of highways "27" and "50" as per plan submitted by Mr. George. Motion by OlivenbaUm, seconded by Winston and carried that the valuation of the Kloester property, lot 30, Clermont Heights, be reduced to land value only for tax purposes, as improvements had not been completed as of January 1, 1954, and the property had, therefore, been assessed, through erroru The matter of installation of ','White-way" lighting on highway "50" through the city was discussed and tabled. ~, ~ ~ ~ ..., Motion by Winston, seconded by Olivenbaumand' carried that the Clerk be authorized to issue a check in the amount of $~,763.00 to the local Chamber of Commerce, as per the 1954-55 budget. Motion by Olivenbaum, seconded by Sickler and carried that a bill to Bill JUdy'S Service station in the amount of $32.88 be paid. Motion carried. Motion by Winston, seconded by Sickler and carried that 1953 tax bill, numbered 1452, in the amount ,of $3.20, be canceled as the business no longer existed and the account was uncollectable Motion by Sickler, seconded by Winston, and carried that Persohal Property tax bill numbered 1600 (1954 Taxes) in the amount of $8.00, be struck from the roll as same had been assessed through error. Clerk Johnson was instructed to advise Mr. Harry Brown that his request for permission to build on the South 50' of lot 19 and the South 501 of the West half of lot 17, Block 127, Indian Hills, had been considered, but that due to the Zoning Ordinance wherein 7,500 sq. ft. of land area was necessary in that Zone, and that inasmuch as the property in question contained excatly half of that amount it would not be possible for the city to issue a building permit as requested. Mr. Olivenbaum-offered a Resolution and moved its adoption, wherein it was requested that the new bridge over the St. Johns river in the northern part of Lake Councty be named the Francis P. Whitehair bridge. The motio~ was seconded by Mr. Sickler and varried. A copy in full of the Resolution appears immediately following these minutes. Motion by Sickler, seconded by Olivenbaum and carried that the C,ity Clerk be instructed to inform Mr. Carl Prine thllBt he would be expected to execute the easement agreement,on certain properties adjacent to the J. C. Beach, with the city or to vacate the property. The matter of purchasing a police carewas discussed and the matter wa~ tabled. Clerk Johnson read a letter from Mr. Boyette, wherein Mr. Boyette requested that the city levy certain assessments for street construction against certsi property owners on Hampton, Millholland and Almond streets, for streets constr~cted jointly by the City and Mr. ~yette. Mlerk Johnson was instructed to inform 1~. Boyette that it was the opinion of the Council that inasmuch as the streets had not been ordered constructed by the city, and, that as the the property owners in question had not been notified prior to the construction of said streets, that the city could not force collection as requested; that it was their further opinion that if Mr. Boyett~ felt that other property owners should share in the cost of construction, that he, Mr. Boyette, should contact them and endeavor to make collection. Motion by Winston, seconded by Sickler, and carried that the city clerk notify all property owners on the West side of 5th street between Juniata street and Highway "50" that they are to construct a standard fife foot side walk in front of their properties and that if they fail to do so the city will construct same and take liens against their properties for the cost of construction. Mr. Winston offered, and moved that it be passed, "AN ORDINANCE DECLARING THE POLICY AND PURPOSE OF THE CITY OF CLERMONT, FLORIDA, TO EXTEND 'ro THE EMPLOYEES AND OFFICIALS OF SAID CITY OF CLERMONT, FLORIDA, NOT EXCLUDED BY LAW, NOR HEREINAFTER EXCEPTEP, THE BENEFITS OF THE SYSTEM OF FEDERAL OLD AGE AND SURVIVORS INSURANCE, AS AUTHORIZED BY THE FEDERAL SOVIAL SECURITY ACT, AND AMENDMENTS THERETO, UPON THE BASIS OF APPLICABLE STATE AND FEDERAL LAWS OR REGULATIONS; AUTHORI~NG AND DIRECTING THE MAYOR, OR OTHER CHIEF EXECUTIVE OFFICER ..... ,.,. ~ .,." \" 'j 7 , TO EXECUTE ,AGREEmENTS AND AMENDMENTS THERETO WITH THE STATE AGENCY AUTHORIZED 'ro ENTER INTO SUCH AGREEMENTS, FOR COVERAGE OF SAID EMPI1>YEES AND OFFICIALS; PROVIDING FOR WITHHOLDINGS FROM SALARIES Ai,D WAGES OF EMPLOYEES AND OFFICIALS OF SAID CITY SO COVERED TO BE MADE AND PAID OVER AS PROVIDED BY APPLI,CABLE STATE OR FEDERAL LAWS OR REGULATIONS;. PROVIDING THAT SAID CITY SHALL APPKOPIATE AND PAY OVER EMPLOYER I S CONTRIBUTIONS AND ASSESSMENTS AS PEOVIDED BY APPLICABLE STATE AND FEDERAL LAWS OR REGULATIONS; PROVIDING THAT SAID CITY SHALL KEEP RECORDS AND MAKE' REPORTS AS REQUIRED BY APPLICABLE STATE OR FEDERAL LAWS OR REGULATIONS" which Ordinance was read in full. The motion was seconded by Mr. Sickler and upon Roll call vote was unanamously carried. Mr. Olivenbaum then moved that the fnlil.es.ebeawaived and that the Ordinance be read the second time by title only. The motion was seconded by Mr. Winston and unanamously carried. After the second reading by 'title only, Mr. Winston moved that the rules be further waived and that the Ordinance be read a third time and placed upon its passage. The motion was seconded by Mr. Sickler and unanamously carried. Thereupon the Ordinance was read the third time and upon its passage the roll call vote was as follows: Ayes: Winston, Sickler, Olivenbaum and George. Nays: none. Absent: Konsler. So the Ordinance was passed, title as stated, and ordered placed in the Ordinance book and numbered 125. A copy in full appears immediately following these minutes. Motion by ~inston, seconded by Sickler that meeting adjourn. d:d. ~c:;~ ~ ~. --. STATE-MUNICIPAL AGREEM~ - ~ - - - - - ~ - - The Florida Industrial Commission, under authority of Chapter 650, Florida Statutes, 1951, as amended, and the City of Clermont. Florida, a municipal corporation and political subdivision of tile State of Florida, in order to extend to employees of said IllUnic~l- pality (eJl:cept such as are hereinafter excluded). the coverage of the Old-Age and Survivors Insurance System established by Title II of the Social Security Act (Public Law 734 (H.R. 6000) Slst Congress), hereby agree as follows: 1. DEFINITIOOS: For the purposes of this Agreement _ e.) The term "employee" means an employe. as ..f1ned in Section 210 (k) (2) of the Social Security Act and includes any officer of the municipality. (b) The term "retirement system" means a pension, annuity, retirement, or similar fund or srstem established by the State c,f Florida or by a political subdiv sion thereof. (c) The term "State Agency" means the Florida Industrial Commission. 2. SERVICES COVERED: This Agreement includes and covers all services performed by individuals as employees of the municipality, EXCEPT: (a) Any service performed by an employee in a position, which, on the date of federal approval of this Agreement, is covered by a retirement system. (b) Services performed by an employee who is employed to relieve him from unemployment. (c) Service performed in a hospital, home. or other instltl.l- tion by a patient or inmate thereof. (d) Cover.d transportation service (as defined in Section 210(1) of the Social Security Act. as amended). ee) Service (other than agricultural labor or service per- formed by a stud.nt) which is or is permitted to be excluded frolll employment by any provision of Section 210 ea) of the Social Secur- ity Act, as amended, other than paragraph 8 of said section. (f) Service of an emergency nature. (9) Service in all classes of elective positions. (h) Service in part-time positions. 3. COOTRIStrrIONS BY EMPLOYEES OF THE MUNICIPALITY: The municipality agrees to impose upon its employe.s as to servic.s covered by this Agr....nt, a contribution with respect to wages (as defined in Section 6~O.02. Florida Statutes) not exce.ding the amount of tax which would b. imposed by Section 14C~ of the Federal Inaurance Contributions Act if such services consti- tuted employment within the me.ning of the Act, and to deduct the Page Two of State~unicipal Agreement ~ - - - - - - - - - - - - - . ~ - - ~ - . - - - - ~ - - - - - .. amount of such contribution from the wages as and when paid. Contributions so collected shall be paid into the "Contribution fund" in the State Treasury in partial discharge of the liabiltty of said municipality. said payments to the Contribution fund tc. be made in accordance with regulations of the State Agency. It is agreed and understood that the failure of said municipality to deduct such contributions shall not relieve it of liability therefor. It is further understood and agreed that delinquent payments due to said Contribution Fund bear interest of one-half of one per cent for each calendar month or part thereof past the due date, and that same may be recovered by proper court action against the municipality, or may, at the request of the State Agency, be deducted from any moneys payable to such municipality by any department or agency of the state. 4. CCNI'RIBUTIONS BY THE MUNICIPALITY, ea) The municipality represents that it has duly and legally adopted, and that there 1s now in full force and effect an ordin- ance requiring an appropriation from available funds in its gen- eral or special funds derived from ad valorem or other sources which shall be fully sufficient, when added to the sums withheld as contributions from the salaries, wages, or compensation for personal services performed by employees thereof covered by this Agreement, to equal the total amount due from said municipality to said Contribution Fund (employers' and employees I contributions) under applicable provisions of said Chapter 650. and of said Title II of the Social Security Act as amended. (b) As assurance of its ability to pay its share of the contributions which will become due and payable to the State Agency under the terms of this Agreement. and as assurance that said contributions will be adequate, the municipality hereby obligates itself and represents that at all times hereafter there will be maintained 1n said appropriation referred to in subsec- tion e.) above, a sum fully sufficient to pay its share of the contribution due to the Contribution Fund; and that same (together with contributions deducted from salaries, wages, etc., of emplorees) will be paid promptly when due, under the regulations of sa d Stat. Agency. ~. ADMINISTRATIVE COSTSs The municipality agrees to pay its proportionate part of the cost of administering said Chapter 650, florida Statutes 1951. as amended, as required by Section 6~0.05(5) thereof, together with any interest assessed thereon, at such times and in such amounts as the State Agency may by regulation prescribe. 6. REPORTS - Gc:NPLIANCE WITH REGULATIONS z The municipality agrees that it will make such reports. j.n such form and containing such information, as the State Agency may from time to time require. The municipality further agrees that it will comply with all regulations adopted and promulgated by the state Agency necessary to carry out the purposes of said Chapter 650, and of Section 218 of the Social Security Act, 8S amended. 7. TERMINATION: -. The State Agency is authorized to terminate this Agreement in its entirety If it finds that there has be.n a failure to C:OIl- ply substantially with any applicable law or regulation, or with any provision contained 1n this Agreement, such termination t(> take effect at the expiration of such notice and on such conditions I . .e Page Thr.e of State-Municipal Agreement ~ ~ - ~ - - - - ~ - - - ~ - ~ - - ~ - . ~ - - - - - - - - - ~ - as may be provided br regulations of the state Agency and b. consistent with appl cable provisions of the Social Security Act, and amendments thereto. This Agreement shall be effective as of October 1. 1954. (SEAL) FLORIDA INDUSTRIAL CCNMISSION t ~ STATE AGENCY FOR ADMINISTRATION OF SOCIAL SECURITY N:.T Attest: By ~halrman Secretary (SEAL) CITY Of CLERMONT. FLCEIDA BY~~~_ Mayor ORDINANCE NO. Jd~ ~ ~ AN ORDINANCE DECLARING THE POLICY AND PURPOSE OF THE CITY OF CLERMONT. FLORIDA. TO EXTEND TO THE EMPLOYEES AND OfFICIALS OF SAID CITY Of CLERMONT. FLanOA, Not' EXCLUDED BY LAW, NOR HEREINAFTER EXCEPTED, THE BENEfITS Of THE SYSTEM OF FEDERAL OLD AGE AND SURVIVORS' INSURANCE, AS AUTHORIZED BY THE FEDERAL SOCIAL SECURITY N:.T, AND AMENDMENTS THERETO, UPON THE BASIS OF APPLICABLE STATE AND FEDERAL LAWS OR REGULATIONS # AUTHOOIZING AND DIRECTING THE MAYOR. OR OTHER CHIEf EXECUTIVE OFFICER, TO EXECUTE AGREEMENTS AND AMENDMENtS THERETO WITH THE 5T ATE AGEfCY AUTHCRIZSD TO ENTER INTO StcH AGREEMENTS. FOR COVERAGE OF SAID EMPLOYEES AND OFfICIALS: PROVIDING FOR WITHHOLDINGS FROM SALARIES AND WAGES OF EMPLOYEES AND OFPICIALS OF SAID CITY SO COVERED TO BE MADE AND PAID OVER AS PROVIDED BY APPLICABLE STATE OR FEDERAL LAWS OR REGULATIONS; PROVIDING THAT SAID CITY SHALL APPROPORIATE AND PAY OVER EM{>LOYER' S CONTRIBUTIONS AND ASSESSMENTS AS PROVIDED BY APPUCABLE STATE OR FEDERAL LAWS OR REGULATIONS; PROVIDING THAT SAID CITY SHALL KEEP RECORDS AND MAKE REPORTS AS REQUIRED BY APPLICABLE ST ATB OR FEDERAL LAWS OR REGULATIONS. BE IT ORDAINED AND ESTABLISHED BY THE CITY COUNCIL OP THE CITY OF CLERMONT, FLmIDA, AS FOLLCNlS: Section 1. It is hereby declared to be the policy and purpose of the City of Clermont, Florida, to extend, effective as of October 1, 1954, to the employees and officials thereof, not excluded by law, nor excepted herein, and whether employed in connection with a governmental or proprietary function. the benefits of the system of Old Age and Survivor's Insurance as authorized by the Federal Social Security Act and amendments thereto, including Public Law 734 of Slst Congreas, and by Chapter 650, Florida Statutes 1951, as amended; and to cover by such plan all services which constitute employment as defined in Section 650.02 of said Chapter 650, performed in the employ of said City by employees thereof, except: NONE. Section 2. The Mayor, or other chief executive officer, of the City of Clermont, Florida, is hereby authori%ed and directed to execute all necessary agreements and amendments thereto with the Florida Industrial Commdssion, as State Agency, for the purpose of extending the benefits provided by said system of Old Age and Survivor's Insurance to the employees and officials of this City as provided 1n Section 1 hereof, which agreement shall provide for such methods of administration of the plan by said City as are found by the State Agency to be necessary for the proper and efficient administration thereof, and shall be effective with respect to services in employment covered by such agreement performed after the 30th day of September, A. D., 1954. Section 3. Withholdlngs from salaries, w.ges, or other compensation of employ.es and officials for the purpose provided in Section 1 hereof are hereby authorized to be made, and shall be made, in the amounts and at such times as may be required by applicable State or Federal laws or regulations, and shall be paid over to the State Agency designated by said laws or regulations to receive such amounts. Section 4. There shall be appropriated from available funds, derived from the General funds of the City of Clermont, such amounts, at such times, as may be required to pay promptly 'the ~ ~ Page 2 of Ordainance No. of City of Clezmont. Florida. - ~ - - - - - - - - - - ~ - - - . - - - - - - . - ~ - - - - - . ~ ~ contributions and assessments required of the City as employer by applicable State or Federal law$ or regulations. which shall be paid over to the lawfully designated State Agency at the times and in the manner provided by law and regulation. Section 5. lhe City shall keep such records and make such reports as may be required by applicable State or Federal laws or regulations. and shall adhere to the regulations of the state Agency. Section 6. There is hereby excluded from this ordinance any authority to make any agreement with respect to any position or any employee or official now covered, or authorized to be covered. by any other ordinance or law creating any retirement syste. for any employee or official of the said City. Section 7. The City of Clermont. Florida. does hereby adopt the terms conditions, requirements, reservations, benefits, privileges, and other conditions thereunto app..tain- ing. of Title II of the Social Security Act as amended by Public Law. No. 734 Slst Congress. for and on behalf of all the offi- cers and employees thereof and of its departments and agencies now covered or authorized to be covered by any retirement system provided by law. and further excepting any official or employee who occupies any position, office, or employment not authorized to be covered by applicable State or Federal laws or regulations, or whose service is specifically excepted in Section 1 .ereof. Section 8. A. M. Johnson, or his successor, as City Clerk, of the Cit! of Clermont 1& hereby designated the custodian of all sums w thheld from the compensation of officers and empkrees and of the appropriated funds for the contribution of the City and A. M. Johnson, or his Successor. as City Clerk. of said City 1$ hereby made the withholding and reporting agent and charged with the duty of maintaining personnel records for the purposes of this ordinance. Section 9. This ordinance shall take effect upon its approval and publication as required by law. - ~ - - - ~ - - ~ - - - - - - - - - ~ ~ - - - . - - - - - - . PASSED by the CitI Council of the City of Clermont at its Adjourned Regular Meet ng held on 9t day of November. A.D., 1954. - - - - - . - - - - ~ ~ - - - - - - - - - - - - - ~ APPROVED by me November 9. 1954. ~ .~pV- . Mayor -- - . - - ~ - - . - - - - - ~ - - ~ - - - . - - - - - - - - - - - RESOLUTION ~ ~ WHFREAS, the Cit7 council of tbe City of Clermont, Florida, recognizes that it is through the speoia1 ettorta of the Honorable Francis P. Whitehair, a member of the state Road 'Aoard ot the State ot Florida, that a bridge over the st. J(thn8 River, located just East of ~le point ot merger of state Roads 42 and 44, and w~ich will connect Lake and VOlUBla counties, is being built, and ~nEREAS, the City Council of the City of Clermont wish to honor the Honorable Francis P. Whitehair for his continuing ef.forts 1n behalf of hiB Road Board District and the State ot Florida as a Whole, recognizing that it was through his un- oeasing efforts .and devotion to duty that Lake Coun,ty and this section of the State ot Florida 1s, and will be greatly benefited, by too construction of said bridge, and from tbe great improve- ment in the roads in his district since he was appointed a member ot the State Road Board of the state of Florida; and the members of the City Council of the City of Clermont, Florida., wish to take this method ot recognizing his services and hie aooomp118~ent., and to express tribute to him. NOW,T!1ERE~RE, BE IT RESOPJ}"lD by the city Council ot the City of Clermont, Florida, at an adjourned meeting held TUesday, November 9, 1954, at the City hall ot the City of Clermont, Florida, that the Counoil hereby expresses to the Honorable Fra.nois p. W111te'~a1r, the deep appreciation of the peo"Ole of r.ler:-'ont tor his untiring eftorts end services; and that we honor him by requesting the state Road Department of the State of Florida to deslgtnate and name the highway bridge orossing the St. Johns River on state Road 44, " The Francis P. White- hair Bridge". BE IT FURTHFR RESOLVED that a certified oopy of" th18 Resolution be mailed to the state Road Board of the State or Florida at Tallahassee, Florida. ~ ~ IDTlCE FOR BIDP ~ ~ TO ALL INTERESTED PARTIES: THe City Council of the City of Clermnt will accept eealed bids up to 7:30 P.M. on Tuesday, October 26, 1954 in the City Hall in Clermont, Florida for the cash purchase of a Police Car for said City to include the following equipment with delivery within 30 days ai'ter acceptance of bid: Heavy duty generator of sufficient capacity to operate police radio and equipment; heavy duty high capacity battery; heater and such bid must inc1'.lde the furnishing of new or satisfactory installation in the new car all special equipment on present car, police radio, siren, blinker lighte, eeat covers, etc.; also allowance must be made on trad~in of pre!ent pollce car, which lIIli.y be examined at any time in the City of Clermont. Council reserves the right to reject any or all bids and re-advertise for bids and to negotiate with any bidder regarding the purchase of desired equipment. Dated September 30, 1954 A. M. JOHNSON City Clerk Published: September 30, and October 7, 14, 21, 1954 ~ ~ WTICE FOR BIDS ~ -., TO ALL INTERESTED PARTIES: The City Council of the City of Clerm:mt will accept sealed bids at 7::30 P.M. up to Tuesday, October 26, 1954 at the City Hall in Clernxmt, Florida, for the cash purohase of any, or all., of the following descrl bed property in C1erm:mt, Florida: lDte 9, lJ, 1.3, 15, 16, 17, 18, and 19 Blo ck 89 Bids on fractional part of any lot 'Will not be accepted and the right to reject any and all bids is reserved. Dated September .30, 1954. A. M. JOHNSON City Clerk Published; September 30, and October 7, 14, 21, 1954 ~