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07-06-1954 Regular Meeting REGULAR MEETING e A Regular meeting of the City Ceuncil of the City of Clermont was held at the city hall, Tuesday, July 6, 1954. The meeting was called te erder by Ceuncil President, Arthur George at 7:30 P. M. with all Council members present. Others present were Mayer Boyd, City atterney Merse, Supt. Shelden, J. B. Fullweed, Karl Prime, Heward Y..ung, Joe Sanchez, V. A. Oswalt and Max Berry. The minutes ef the meeting held June 21, 1954 were read and approved. Motien by Kensler, seconded by Sickler, that Mayor and city Clerk be authorized and instructed te execute an easement from Minneela Lake Shere Drive to Lake Minneela fer a width of 30 feet in the neighberh.~d ef the J. C. Beach, with the understanding that the preposed easement be changed t. state that it is net transferable and that in the case ef abandonment all improvements immediately revert te the 'City ef Clerment. Metien carried. Mr. Oswalt stated that the Ceuncil consider the sale ef that part ef Bleck 125A, Sunset Park, Nerth ef highway 50, and t. advise him as soon as pessible. Chairman Geerge read a letter from Mrs. Mary Wheeler, wherein she complained ef unsanitary' cenditiens in her neighberhoed and indecent exposure of certain persons. Clerk Jehnsen was instructed to advise Mrs. Wheeler that it would be necessary fer her to "swear eut" a warrant befere the city could take actien. l~. Kensler, Chairman ef Streets Committee, stated that Mr. Clay ten Swaaringten had discussed the matter et an entrance te his property frem Osceela Street and West avenue. Discussien disclesed that an A. C. L. team track was in the street and that during leading and unloading ef cars the street was ef little use. No actien was taken. M~. Kensler submitted a petetien to the Ceuncil requesting that East Avenue be resurfaced. It was decided that it would be impessible to carry' eut t is preject at the present time and the petetion was erdered riled. Mr. Shelden reported that Mr. Jack Sharp, ef Orlando, had ~llb~!tt~d a price ef $300.00 including materials, er $200.00 less materials, ger installing a 4 inch everflew pipe from the water tank. Mr. Shelden was requested to get a price fer the same job using 6 inch pipe instead ef four. Meyer Beyd read the p~lice report for last month and same was accepted and erdered filed. Mayor Boyd submitted a prop.sed "speed limit" zening map fer the council's c.nsideratien. Ne actien taken. - Certain members ef the C.uncil brought te the Mayers attention that the Pelice car appeared t. spend censiderable time in Minne(l)la and asked why t is waS necessary'. The Mayer was also asked if he thought it advisable fer the Police Patrol car te have passangers during Patrol duty. The Mayer stated that he weuld l..k into these matters, but that he had given permissien ror the Pelice to have someene ride with them during night duty. Mayer Boyd authGrized Supt. Sheldon te mark parts' ef Minnehaha av~! tor ene side parking, where such parking had be eliminated du~ing the time that said avenue had been used as temperary "50". Mayer Beyd informed the Council that Mr~ William Kern had been advised that ene ef his properties in Block 76 was Unsanitary', Unsafe and a Fire hazard and that such cenditions must be cerrected. Clerk Jehnsen advised the Council that Mr. Kern had had the water turned err at the preperty in questien and that ne ene was living there at the present time. Clerk Johnsen was instruoted not t. turn on the water at the Kern preperty in question until authorized t. d. se by the Counoil. . . Clerk Johnson Was instruoted te write to Marien Construotion Co., and ask them to advise the oity as to the number of gallons of oity water whioh they used during their oonstruotion jeb ef "50" through the 0 i ty. Motion by Winston, seoonded by Konsler, that oity purohase suffioient Ne. 66 stone for surfaoing the new alley. Carried. Motion by Kensler, seoended by Siokler, that Tax statement #1265 in the amount of .49t, oovering lot 12, Bleok 3, Wo.dlawn be struok from the tax rell as suoh property belongs to a fraternal organization and had been assessed through error. Carried. Motion by Winston, seoonded by Kensler, that Clerk Johnsen advise Mrs. Winger that the sign whioh she had ereoted was in violation of City Ordinanoes and must be rem.ved. Mr. Winston offered, and moved that it be passed, AN ORDINANCE PROHIBITING THE OPERATION OF ANY MOTOR VEHICLE BY ANY PERSON UNDER THE INFLUENCE OF INTOXICATING tIQUOR OR NARCOTIC DRUG; PROHIBITING OPERATION OF ANY MOTOR VEHICLE BY ANY PERSON IN A RECKLESS MANNER: PROFIDING FOR PENALTIES FOR VIOLATION THEREOF; PROVIDING FOR REVOCATION OF OPERA'roR_'S ~:>R-'CHAIIFF'ER'S LICENSE WHEN GUILTY; PENALTY FOR FORFEITURE OF BAIL NOT VACATED; AND REPEAL OF ORDINANCE NUMBER 20 OB THE CITY OF CLERMONT. Whioh Ordinanoe was read in full. The Motion was seoonded by Mr. Siokler and upon Roll Call vete unanameusly oarried. Mr. Olivenbaum moved that the rules be waived and that the Ordinance be read the seoend time by title only. The motion was seconded by Jar. Konsler and upon Rell call vote unanamously oarried. After the second reading, by title only, Mr. Winston moved that the rules be further waived and that'the Ordinanoe be plaoed upon its passage. The motion was seconded by Mr. Sickler and upon Roll call vetoe unanam0usly carried. Thereupon the Ordinance was rAJU~ in full and upon rell call vete the- ayes were Winston, Siokler, Olivenbaum, George and Kensler. Nays: none. The Ordinanoe was passed, Title as stated, and ordered recorded in the Ordinanoe Book and numbered J-a'- . A copy in full appears immediately tollowing these m1nu es. Mr. Siokler offered, and moved that it be passed, AN ORDINANCE REQUIRING ALL OPERATORS OF MOTOR VEHICLES TO HAVE AN OPERATOR'S OR CHAUFFER' S LICENSE - AS REQUIRED BY CHAPTER. ~22, LAWS OF FLORIDA, 1953, AND ANY AIviENDMENTS TIE RETO; PROVIDING PENALTIES FUR VIOLATION THEREOF: AND OTHER MATTERS PERTAINING THERETO. Whioh Ordinance was read in full. The metion was seconded by Mr. Olivenbaum and upon Rell oall vote unanameusly oarried. Mr. Winston moved that the rules be waived and that the Ordinano~ be read the seoond time by Title only. The motion was seconded by Mr. Kensler and upon rell call unanameusly oarried. After the seoond reading, by title only, Mr. Olivenbaum moved that the rules be further waived and that the Ordinance be plaoed upen its passage. The motien was secendedcby Mr. Konsler and upon R~ll oall vote unanamously oarried. Thereupen the Ordinanoe was read in full and upon Roll call vete the ayes were Sickler, Kenlser, Olivenbaum, Winston and George. Nays: None. The Ordinanoe was passed, Title as stated, and ordered recerded in the Ordinance Book and numbered J ~ 3 .. A cepy in full appears immediately follewing these m1nutesl ~ ~ Mr. Olive~afrered, and meved the ad.pti.n .r, a RESOLUTION .r thanks t. the State Read department ror their help and ceeperati.n relative te the resurracing er temperary highway "50" threugh Clerment. The metien was secended by Mr. Winsten and unanameusly carried. Metien by Konsler, secended by Sickl~r, that b1ils be paid. Metion carried. Metien by Kensler, secended by Olivenbaum that meeting adjeurn. ~~ ~ ~ BILLS PAYABLE JULY 1, 1954 .~ ~ Seaver's Garage Sun Chevre1et Cempany C1erment Hardware -Ce. Bill Judy Service Statien Standard Oil Ce., Orange State ui1 Ce., C1erment Builders Sanger Builders Supply Lake a.unty Health Dept. Finley's MuniRipa1 Supply Western Auto sseciate Stere Jehn D. Heman Hil1tep Beok Neek Vlhir1er-Glide M.wers O. K. Ice Cempany Deminien Signal ce., Credit Bureau ef Lake Ceunty Harp6r Meter Ce., Prescett Moter Service BeykIn & Elliett Stekes & Fields Harry P. Leu, Inc Hughes Electric Company Meeker Feed Stere H.. &. W. B. Drew C.., Davis Meter Repair Weoster tirass Divisien O. .C. Wepper Badger Meter Cerp Roger B. Quincy Highway Equipment Cempany O'Neal Branch Ce., Orland. Office Supply Flerida Pewer Cerp Seuth Lake Publishers F1erida ~eleph.ne Corp Welfe & Kensler Brantly Electric Ach rds Garage Clerment Ve1unteer Fire Dept. ~ -~ 21.'74 31.90 89.55 2'70.20 121.89 298.12 1'75.9'7 226.07 1,080.00 218.50 152.79 308.88 5.39 7.60 15.00 12.14 7.00 3.44 122.46 42.00 136.09 4.0'7 422.01 10.50 6.51 130.00 13.15 26.'79 150.80 5.00 17.43 16.00 8.15 642.00 26.93 26.51 110.20 50.91 240.86 , 18.00 RESOLUTION ~ ... WHEREAS, during the construction of State Road 50 through the City of Clermont, the State Road Department of Florida did establish and use .part of the streets in said city paralleling said new construction as a detour; I did maintain said streets; and, have now resurfaced said streets and placed them in a better condition than they were prior to the establishing of said detour on them; and, WHEREAS, the City Council of the City of Clermont and the residents and property owners of the city desire that said department know of their appreciation for the splendid cooperation on the party of the State Road Department; therefore, BE IT RESOLVED that the City Clerk of the City of Clermont so advise the State Road Department of Florida of the city's appreciation of the Department's splendid cooperation in the maintenance and resurfacing of Gaid streets used for a detour; that a copy of this resolution be placed in the Minute Book of the City of Clermont. and another copy thereof be forwarded to the State Road Department of the State of Florida at Tallahassee, Florida. - - - - - ~ ~ - - - - - - - - - - - - - - - - - - - - - . ADOPTED by the City Council of the City of Clermont at its Regular Meeting held on the 6th day of July, A. D., 1954. ~ ~ ORDINANCE NO. ~ ~ ~ AN ORDINANCE PROHIBITING THE OPERATION OF ANY MOTOR VEHICLE BY ANY PERSON UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR NARCOTIC DRUG, PRBHIBITING OPERATION OF ANY MOTOR VEHICLE BY ANY PERSON IN A RECLESS MANNER; PROVIDING PENALTIES FOR VIOLATIONS THEREOF; PROVIDING FOR REVOCATION OF OPERATOR'S OR CHAUFFER' S LICENSE WHEN GUILTY; PENALTY FOR FORFEITURE OP BAIL NOT VACATED; AND, REPEAL OF ORDINANCE NO. 20 OF THE CITY OF CLERMONT. ' AND ESTABLISHED BE IT ORDAINED/BY THE CITY COUNCIL OF THE CITY OF CLERMONT: SECTION I. Hereafter it is unlawful and punishable as provided in Sec~ion 2 hereafter for any person who is a habitual user of narcotic drugs or any person who is under the influence of intoxicating liquor or narcotic drugs, when affected to the extent that his or her normal faculties are impaired, to drive or be in the actual physical control of any vehicle within the territorial boundaries of the City of Clermont. ~ ~ For the purpose of this ordinance the question of whether or not the driver or the person in the actual physical control of the motor vehicle is under the influence of intoxicating liquor or narcotic drugs shall be a question of fact to be determined by the evidence. It is not the purpose of this ordinance to require proof that such driver shall be in an intoxicated condition or under the influence of a narcotic drugs, but proof that such driver is under the influence of intoxicating liquor or narcotic drug to tne extent that the motor vehicle is being operated to the jeopardy of other vehicles, person or persons in either of said vehicles or of pedestrians shall be sufficient. SECTION II. Every person who is convicted of a violation of Section I of this ordinance shall be punished by imprisonment for not more than 90 days, or by a fine of not less than $25.00 nor more than $250.00, or by both such fine and imprisonment; and, his or her operator's or chauffer'slicense shall be immediately surrendered to the Municipal Judge and by him suspended and revoked and forwarded along with a record of the conviction to the Department of Public Safety, Tallahassei, Florida. SECTION III. _ Any person who drives any motor vehicle in a willful or wanton disregard for the safety of persons or pmoperty is guilty of reckless driving. Every person convicted of reckless driving shall be punished upon a first conviction by a fine of not less than $10.00, nor more than $250.00, or by im- prisonment for a period of not more than 30 days, or by both such fine and imprisonment. Any person convicted upon three (3) charges of reckless driving within a period of twelve (12) months it shall be mandatory upon the judge of the Municipal Court to revoke said persons operator's or chauffer's license and he shall forward same together with a record of all three convictions to the Department of Public Safety of the State of Florida at Tallahassee, Florida. SECTION IV. For the purpose of this ordinance, a forfeiture of bailor collateral, deposited to secure a defendant's appearance in court, which forfeiture has not been vacated, shall be equivalent to a conviction. SBCTION V. Ordin.nce No. 20 of the City of Cl.rmont p....d on April 3. 1934 by the City Council of the City of Cl.rmont, and .pproved by the M.yor of the City of Clermont on April 4, 1934, the ...e being an Ordinance .nti tlech "An ordln.nc. Prohibiting The Op.ration of Motor Vehicl.s By AnI Person or Persons Under the Influence of Intoxicating Lquors", is hereby repeal.d. . SECTION VI. This ordinance shall tate effect i..ediately ,upon it. pass.ge and all other ordinance. in conflict herewith, and not he~eby expre.sly re- pealed, are her.with repe.led .0 'far as such conflict exists~ ---------.--- -------.....----.---- PASSED by the City Council of the City' of Clermont at ita Regular Meeting h.ld on the 6th -day'of July. A. D., 19~. Presicfent of City Counol1 ATTIST I elty crftk - . - - - - - - - - - - - - - - - - - - - - - - ~ - - - - - - REC!JVED .ncl APPROVID by .e this July'6th, 19M. Mayor of 'City tSf ~ienaont. --------------------..----------- - -# ORDINANCE NO. / ~;$ - AN ORDINANCE-REQUIRING ALL OPERATORS OF MOTOR VEHICLES TO HAVE AN OPERATOR'S OR CHAUFFER'S LICENSE AS REQUIRED BY CHAPTER 322, LAWS OF FLORIDA 1953 AND ANY AMENDMENTS THERETO; PROVIDING FOR PENALTIES'FOR VIOLATION THEREOF; AND OTHER MATTERS PERTAINING THERETO. ' BE IT ORDAINED AND ESTABLISHED BY THE. CITY COUNCIL OF THE CITY OF CLERMONT: - ' . SECTION I. Every person who is required, under Chapter 322, Laws of Florida 1953, and any amendments thereto, to have a license as an operator or chauff~r for the operation of a motor vehicle, or any other vehicle as defined under said chapter, upon the highways of the state of Florida, is hereby required to have 'such a license in order to oper~te said vehicle upon any of the streets - avenues, allies and highways within the territorial lImits of the City of Clermont, Florida. SECTION II,. Every p~rson found guilty of operating such a vehicle, the operation of which either of said licenses as defined in Section I is required, upon any of the streets, avenues, allies or highways within the City of Clermont with- out having a valid operator's or chauffer's license as required by the state of Florida under Chapter 322, Laws of Florida 1953, and any amendments thereto, shall be punished by a fine of not more than $250.00. or by imprisonment in the City Jail for not less than 1 day nor more than 60 days, or by both such fine and imprisonment. Provided, however, when any person so found guilty, shall produce to the Municipal Court or Marshall of, the City of Clermont a valid operator's_or chauffer's license issued prior to date of commission of such offense by the state of Florida or by any other licensing authority of any other state province or foreign countr of which said person shall be a resident, said case shall be d smissed upon such person paying - the costs of court, if any, and all fines so paid by such person shall be remitted, as soon as possible, by the Clerk of said Court. . SECTION III. This ordinance shall take affect immediately upon its passage, and all ordinances or parts of ordinances in conflict nerewith are hereby repealed so far as such conflict exists. - - - - - ~' - .~ ~ - - - - .. .. - - . - - - . . - - - - - . - - - - PASSED "by the City Council of the City of Clermont at a Regular Meeting held on July 6, 1954. President of the City Council ATTEST: City Clerk . - - - .. ~ ~ - - - . . - - - . - - - - - - - ~ ~ - - - - - - ~ - - RECEIVED and approved by me July 6, 1954. Mayor of City of Clermont - - - - - - - . - - . - ~ - - - - - - - ~ - ~ - - - - - - - - . -