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09-07-1943 Regular Meeting CITY OF CLERMONT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD AT THE CITY HALL TUESDAY, SEPTEMBER 7, 1943, 7:30 P.M. The meeting was called to order by president'Geo. M. Nagel, other Councilmen present being R.M.Castner, C. w. Gaines, and F. H. Higby. Mayor H.C.Brown, City Atty Irving F. Morse, St. & Wate~ Supt. H.M.Cole, and City Clerk R.F.House were also present. ,~ .., Minutes'of the meetings August 3,7,lO,and 24 were read and approved. Mr. W. F. Williams, auditor fromJOca1a was present, and asked for the job of auditing the City books at the'close of the fiscal year at the same price as'last year, $300.00. The Council went into executive session, 'and Mr. Williams left the room. After some discussion, Mr. Higby made a motion that Mr. Williams be employed to audit the books at the end o~ the fiscal year at the' prioe above named. The' motion was seconded by Mr. Gmnes, and when put'to a vote; the motion carried. The Committee on Street lighting reported that all white way lights had been turned on again, and overhead lights at intersections had been checked. Mr. Gaines reported that he had seen same of the owners of property where sidewalks were broken~ and they agreed to repair them as soon as they could get materials 8ld labor. Mayor Brown'reported 9 arrests, with fines and costs amounting to'$61.00 colleoted. 'two fines amounting to $150.00 and costs covered by bonds and two cases not tried as proceedings were suspended by injunction order from the Circuit'Court. He reported that the water contract for the use of water by the Army at the regular schedule of rates was ready to be' signed, and'asked that the Council give him authority to execute it~ , He recommended that the Council appoint a committee to prepare a'new building ordinance to meet present and future'needs, anfd suggested Earl Gray be appointed chair- man of the committee. " He urged the adoption of the Prostitution Ordinance recently prepared by the City Attorneyo Mr. Gaines made a motion that Earl H. Gray be named chairman of a committee of three to prepare a new building code, mdthat he appoint two other men to work with him. The motion was seconded by Mr. Castner, and when put to a vote, the motion carried. ~ ~ ~arsha1 Sullins reported 9 arrests, 7 cases tried with ~ fines and costs amounting to $217.00 ~ssessed, 2 cases not tried on account of Court proceedings. WIn Kie reported th(3 need' for bJcyc1e racks in the business area, and said he wou1d'bui1d them if he was furnished the plans and material. Mr. Higby made a motion that Mr Kie be furnished plans and materials for two bJcyc1e racks to be paced where needed in the business section. 'The motion was seconded by Mr. Castner, and when put to a vote , the motion carried. Fire Chief Achord reported no fire calls in August, and the engine checked and fOlll1d O.K. Mr. Higby introduced an o~dinance entitled "AN' ORDINANCEAMENDING SECTION 2 OF CHAP.TER Xl of the revised~ GENERAL ORDINANCES 0 THE CITY OF' CLERMONT E COUNTY, R~~~., T\ FLORIDA.", and moved its a op on. The motion was secOn --'-!"tll by Mr. Castner, and when put to a vote, the motion carriedo Mr. Higby then moved that the rules be'waived, and the ordinance read the second time by its title only, the motion was secohded -~ ~ CITY OF CLERMONT Minutes of meeting 9-9-43 continued by Mr. Castner, and when put to a vote, carried l.ll1.animous1y.' Mr. Higby t en moved that the rules be further waived, and that the or~inance be read the third time and placed upon its passage. This was seconded by Mr. Castner, and passed unanimously. Thereupon the ordinance was read in full, and upon its passase the roll was 'called with the following results: Ayes~stner, Gaines, Higby, Nagel; NOes- none; Absent-Roe. So the Ordinance passed, title as stated, and was ordered recorded in the Ordinance Book and numbered Ordinance NO. 84. A copy of the Ordinance in full appears in this book, following the minutes of this meeting. p.2 Mr. Gaines then introduced an Ordinance entitled "AN ORDINANCE DEFINING AND PROHIBITING LEWDNESS, ASSIGNATION AND PROSTITUTION; MAKING'IT UNLAWFUL TO ENGAGE IN, SOLICIT, PROCURE FOR, AID OR ABET, LEWDNESS, ASSIGNATION OR PROSTITUTION; MAKING IT UNLAWFUL TO LET OR RENT ANY PLACE FOR THE PURPOSE OF PROSTITUTION, LEWDNESS OR ASSIGNATION; MAKING n UNLAWFUL TO LIVE OFF THE EARNINGS OF A PROSTITUTE; PROHIBITING COM2 PULSORY PROSTITUTION; PROVIITNG PENALTIES FOR THE VIOLATION' OF TIlE PROVISIONS OF THlES ORDINANCE.",' and moved its adoption.' The motion was seconded by Mr. Castner, and when put to a vote the motion carried~ The Ordinance was then read in full; Mr. Gmnes then moved that the rules be waived, and the ordinance read th second time by its title only. 'The motion was seconded by Mr. Castner, and when put to a vote, the motion carried. 'The Ordinance was read the second time by its title only, then'Mr. Gaines made a motion that the rules be further waived, andthe ordinance read the third time and placed upon its passage. The motion was seconded by Mr. Castner, and carried unanimously. Thereupon the Ordi- nance was read in full, and upon passage of same, the'ro11 was called, with the following result: 'AYES. Castner; Ga1nes~ Higby, 'Nagel; NOES- none; ABSENT- Roe. S/"\ the ordinance passed, title as stated, and was ordered recorded in the ORDINANCE BOOK and numbered ORDINANCE No. 85. A copy of the ordinance in full follows the minutes of this meeting. A letter from Mrs Workman asking lease on lake front property was read. Mr. Gdnes made a motion, which was seconded by Mr. Castner, and carried, that the matter be tabled until the next meeting. After discussion of a contract for use of City water'at the Army C~p in blocks 111,112 123 and 124, Sunset Park, Mr. Castner made a motion that tKi Mayor R.O.Brown be given authority to sign the contract for the City; , The motion was seconded by Mr. "Higby, and when put to a vote, the motion carried unanimously. ~ ~' Mr. Castner offered a RESOLUTION confirming the Asses- ment roll, and moved its adoption. The motion was seconded by Mr. Rigby, and on roll call the vote was as follows: AYES-Ca stner, Gaines , Higby, Nagel; NOES-none; ABSENT-Roe. So the Resolution was adopted, and a copy follows the minutes of this meeting. Daily reports of the Street &~Water Supt. was submitted for examination, and ordered filed. ~ , ~1J~O Mr. Gaines made a motion that $2000.000 be transferrd from the 2,3,3i, 4 mill fund to the General Fund~ The motion was seconded by Mr. Higby, and when put to avote the motion carried. Mr. Gmnes made a motion, which was seconded by Mr Higby, and carried, that the following bills be approved and paid when money is available: 2J34~ General Truck & Equip.Co 5~ H.M.Co1e 6~ Oscar Forehand 7 ~ J obn Dingle 8~ Rufus Jones 9~ H.M.Cole 2j40. Oscar Forehand 100~00 29~30 20~85 18~60 19~70 29.30 22.20 CITY OF CLERMON'l' page 3. Minutes of Council meeting 9-?-43 continued ~~ ~ 2141~ John Dingle 19.70 2~ Rufus Jones 21~?0 3~ C'. R Sullins ?5~00 4~ Wm Kie 62~50 5~ H.W.Bai1ey 564~28 B.A. 6~ H.M.Cole 29~30 7~ Oscar Forehand 21~?5 8~ John Dingle 19~40 9~ Rufus Jones 20~10 2350~ E.H.Gray 4l~OO B.A. 1~ Paul J. Jones 32~49 " 2~ Sam Williams 19~05 " 3. Marvin Meeker 1?~15 " 4~ Jasper Gaines 5~50 " 5~ Jenks Hunt 6~50 " 6~ H. M. Cole 29~30 ?~ Oscar Forehand 22~20 8~ John Dingle 19~70 9~ Rufus Jones 21~70 2360~ H.F.Bailey 30~00 B.A. 1~ E. H. Gray 31.80 II 2~ Paul J. Jones 53~49 " 3~ Sam Williams 24~88 " 4~ Marvin Meeker 14~53 " 5~ Jasper Gaines 16~90 " 6; R. F. House l46~00 i 7~ C. E. Sullins 9?~10 8~ Wm Kie 60~20 9~ Irving F. Morse 25~00 2370~ John Achord 25~00 1~ Rose M. Sharpe 10~00 2~ H. W. Bailey 355.14 B.A. 3~ H. M. Cole 29~30 4~ Oscar Forehand 21~75 5~ John Dingle 20~90 6~ Rufus 'ones -24~?0 7~ Florida Steel Products Co. 58.06 B.A.A 8~ E. H. Gray 12~77 B.A. 9~ Roy Baker 8~00 " 2380~ Marvin Meeker 2~00 " 1~ H~ old Bornstein 2~OO " 2~ Sam. Willianis 25~25 " 3~ Paul J. Jones 51~80 " 4~ Jasper Games 5~OO " 5~ E~ H. Gray' 39;00 " 6~ John Martin 6~00 " 7~ B. Thomas 9~13 " 8~ L. Brantly 29~OO " '9~ Cliff Connally 17~30 " 2390~ Fla. Telephone Corp. 49~96 1~ Standard 011 Co 14~66 2~ Edge Mercantile Co. 24~72 3~ Wright Machine Shop 2~75 4~ Clermont Press '44.40' 5~ F1a Public SerVice Co. 249.91 6~ A. Dubois & Son,Inc 40~19 7~ O.K.Ioe Co 6~50 8~ Postal Colony Co .94 9~ Sanger Builders Supply 56.29 B.A. 2400~ Clermont Hardware 20~53 l~ Achordts Garage 32~93 2~ Orange State Oil Co 35~93 3. Cash-petty S4.69 There was some discussion of the tax levy for 1943, and the Council a djourned to ~eet TueSday, Sept. 14th, to a dopt the millage for 1943. ~ ~ OW~ City Clerk Pre .' -~ .., ~ ~ AL/ J, 9 ""- ~r- . f~c!;y&--~V"J2X .. r(t,-/J ..P[;l I '" tF.u . ORDIrnAnCE NO..., t y AN ORDINANCE MlENDING SECTION 2 OF CHAPTER Xl OF TllliREVISED GENERAL ORDINANCES OF THE CITY OF CLERMONT, LAKE COUUTY, FLORIDA.. BE I2 ORDAINED BY THE CIn COUNCIL OF THE CITY OF CLElIDONT: Seetionl~ That Ssetion 2 of Chapter Xl or the Revised General Ordinances of the City of' Clennont, Lake: County, :Floridn. be and the same is bereby amended by adding to the sald section 2 the ~o11owlnr paragraph, to-wit: No occupational license shall be issued to QOY' person, f!.:>r11 or corpora tion to engage in or manage -any business, profession or occupation vI1.thln the City of Clermont unless all pe;r-sona1 property taxes levledand. assessed by the City or Clermont against all personal property pertaining to or used in connection with said b'J.siness, profession or occupation. shall have been paid in full. Saldpersonnl property taxes to be paidbyseld person., f1rm or corporation shall be such ,pGrsonal property taxes 3S are due and payable to th.e City of Clemont by sa.id person" :firm or corporation as of the date of tbe ' issuance of said occupa~ional 11cense. sectlon2. This Ordinance shell take effect 1mmedlately upon its passape and. ita bein@ signed by the President of the City Couneil and upon approval by the Nayor.' ~~~~~.~.~~-',~,~~.~~~,~..~~~.~~.,~~~~,~~_:~ PASSED BY THE CITY COUNCIL AT ITS REElOLAR MEETING mELD THE 7th DAY OF' SEPTmBER, A. D." 194~. ~ City Clark President of the Clty Couneil ~~~-'~~~-~.~-'~-~~-_.~~~~~.._~~-~~~-,-~ Received and approved by me this 7~ day ot september. A. D., 1943. t1a~:or - ~ ~ - - - ~ .-- ~ - ~, -000 - '. ~ ~. .. ~ ~ ~ ._ .~ .. .. .... '. '. ORDUJANCE NO. (;;~-" ) i ~~ 1)\\ r. , ,'" ~/v-~ ~ ~,~ A~? t ~I!J ~,,%r / \. \ f:iF V ~ ~ AU ORDtNlillCB DbFIlnnO AND PLOHIBITING EsEfjDIJEDS, ,ASSIGUATIOtJ AND P~CS1\IruTIclr; EJ.\..Klm IT UNLA'GFUL TO EIJ... GAGE 111, SOLICIT, J?ROCUREF<)R, AID OR ABET, LI3DD'GBSS, ASSIGUAPIG.W OR PHC!S'l'ITUTION;mAKn~G IT tmLNM?UL 'EO LET OR RENT tlDY PLACE WOR THE PURPOSE OF PROSTITUTION. w:m- mss OR ASfiIGl1ftTI011_ ~Ar.:nmIT UNLM;n~tJL TO LItrB OFF' THE JZAnITIlJGS OF A PF:CSTITUTE; PROHIBITING COfjPULSORY PROS- TITUTION; PRovIDtnGPE~JALTIES 1"ORTHE VIOLNI'I01f OF THBPRO"ISImJS OF THIS ORDINJlD~E. ' BE IT ZlMCTED BY THE CITY COUNCIL OF iRE' CITY OF CLIJE10lJT: See ti on, 1. That" as used in tl1is Ordinance.' unless the context clearly xaequlres otheruise; {al.. 'i'h~ term tfprostttutc" shall be construed to in- clude the t!1't11lll7 or receIving of the body for sexual intt?r- course foi' h1~~ pndshall also be construed to include the ~1v1ng or receiving of the body for licent10us sexual inter- course without h1?9. (b). The termitlewdness" shall be construed to include any indecent or, obscene act. (c). Tho term uassl~nationn shall be construed to in- clUde the ma.king of nny appointment or engar-ament- for pros- titution or le~ness or any act in furtherance of such a~point- ment orenr:egement., (d). The ,term flprost1tutlon" as used in Subdivision (a) or'thlssection shall be construed so as to exclude sexual intercourse between 9.. husband and wife.. ~ .,., Sect10n 2. That fro!!l and afte.... the effective date of thls0?d1nance it shall be unlaVlf'ul in the City of' Cle1'1:1ont: (n). To keep, set up.. ma1ntain, or operate, any pla-ca. structure~, buildlnp- or conveyance for the purpose of lel!'d- ness, assipnat10n or prostitution; (1:>). To offer~ or to offer or e!Vre~ to secure, a.nother for ~he pUrpop-e of prostitution, or for any other lewd or luc;lecent act; (0). To l"ecelve. or to offer or agree to're~elve, any person iJ;lto anY'plBce~ structure~ building or conveyance for the purpose of prostitution, le\"Jdness or Qssignation~ or to permit any person to remain there for such purpose. (d). ~o direct, take, or t~nsport, or tooffexa or agree to take or transport, any person to any place,. structure o~, bldldlnE3, or to $,lny other person, wi tb knov/ledge 'Qr reasonable cause to believe that the purpose of such directing, taking or transporting is prostitution..... ,lewdnes~ or $sslgnntion,., Section 3. That i tohall further be unlawful in the City of C10rmont: (a). To offep to commit. or to commit" or to engage in, prost1tution, 1eoone6s, oras~ignation. (b)., To solicit, induce. entice or procure another to commit pros-tltutlon., lewdness or assignation with himself or herself; , i'..;.......... .-t~ --- ,., ~ ~ Page 2. }f~. ".......- (c). To reside in" ent(?,r. or remain in, Qny place" structure or bui1dlnp; or to enter or remain in any eonveynnce. for thepUI'poseof 'prostltution~ le'l:.tlness orass1~nat10n. (d)., 'tic aid, abE:!t or participate in the doing of> any of the ncte or thlD@'s enumerated in ~eetions 2 find :3 of this Crdluanceit:, Sa-cOtton 4. That from and after the effective date of this Ordinance it shall be unlawful to let or rent any place, structUl'eor part thereof, trailer or.other conveyance. with the knowledge thnt such plac~estruc tura,. ,trailer or convey- ance ni1l- be used for the purpose, of le;:dnese.. assignation or prostitution.. section 5.. ihatf'rom and after the effective d~t-e of this Ordinance.. it shall be unlawful for 'anyone tQ live off the earnings of any other pet'son with the knowledge or re8sonab1e~use to believe that such earnings are derived ~ro~ prestltution. Section 6. That from and aftel' the effective dste of this OrdinancE> it shell be unlQ~ful for anyone to force, compel or coerce another to become a prostitute~ f.eetlon7.. That in the trial of any persons charged with. the violation of any of the provisions of this Ordinance, testimony conccrnlnr the reputation of any pl,ace;, ctructure# building oreonv-eyance involved' in said charge", and of the person or personsWh-o reside in., opernte or fl?cquent the same" and ~f th0 defendant. shall be edmissible in ~vidence in support of the charge. fect19n 8,. That any person who shall violate any provIsion of this Ordinance shall be deemed guilty of s misdemeanor. nnd upon conviction there<;>fshall be punished by . a. fine of not more than 'i"Wo Hundred Fifty Dollars (',250.00) J or by Imprlsont/1ent for not more tha.n three (3) months" or by both such fine and imprisonment. ... taction 9~ That in the event any section ,of th1~ Ordlnmnee. or any part thereof. shal~ hereafter be held to be ' unconstitutional" the remaifider of this, Ordinance shall not be aff'ec ted thereby.. section 10. That ,all other oro'inancea 01' parts- of ordinances in conflIct with the provisions of this Ordinance be ,and tbe samEl nre hereby repealed,. seetlon 11. Thl-$ Ordinance sha.ll take effect irm'l1ediately upon its passsf?eand. its betnr- simed by the PresIde~t of the City Council and upon approval by the t!ayor. _ '. ~ 0 ~ ~ ~. ,~ _ ~ ~ - ~ __ .- ,~ -' ~ _ ~ .. ,~ ~ ,~ ~ ~ . --...... PASSED BY THE CI~Y CNTNCIL ING HELD ON TUESDAY'~.~~ir' ~... A? ITS REGULAH AT)'f" I [(;;;V r.mET- A. D." 1943. ' 'PrtJs1c1ent 01' the City Council ... .,.. 4l>> ~ _ ... _ - - ~ ~ ~ .- ~ .-' ~ ~ ~, - - ~ ~ - .' - .. - . - ~ .~ Received and approved by me this _ day-of JUly, A. D., 1943. l.IIayor - - - ~ - - ~ ~ ~ - ~ ~ ~ - - - - - ~ .- ~, - ~ ~ ~ - - ~ - . ;~A' ~ ~ ~ 'f y- v r;/ \'Jt' oIJ' ~ \('t~, . X,\ ~i'" \.I RESOLUTION CONFIRMING ASSESSMENT ROLL .~ .., WHEREAS, G. A. Nash, Tax Assessor of the City of Clermont, has completed the Assessment Roll of Property wi thin the 01 ty of Clermont for the,:ye. 8.r . ot 1943 j and presented the same to the C1tyCouncl1~ and, WHEREAS, pursuant to due and legal notice as required by the Charter of the City of Clermont the said City Council did give notice that it woulds1t as an equalization board e.t the City Hall 1n Clermont, Florida, at '7:30 P.l!1. on August 10th. 1943 for the purpose of be~ring complaints as to the SElid Qs::-essment roll and equalizing and confirm- ing the same; and 'that Bt sueh me~ting there were more ~ Qomplaints to be heard than that time permitted and said meetingot the Council sitting as an equalization board \Vas ad.journed until August 24th, 1943 at 7:30 P. M. at whieh time and at the seIDe place, the Oity Couneil sitting a, aD equalization board. did hear all eomp1a;.nta and d1d adjust and equalize the said tax assessment roll and the same 1s now equalized' and adjusted, therefore;. BE IT RESOLVED by the City Oouncil of the City of Clermont that the Assessment Roll of the 01ty of Clermont tor the year of 1943, as prepared by G. A." Nash, Tax Assessor of the City of Clermont, and as equalized by the City COUncll, be, QIld the same, hereby rat1tled, approved and confirmed. ~ 7, 1'f'f3 ~ .,., 8z;~ CITY OF CLERMONT RECEIPTS & DISBURSEMENTS FOR AUGUST, 1943. RECEIPTS Cash on hand & in Bank 7-3l~43' Water Acoounts collected 1,032~40 Water Meter Deposits 70~00 Licenses 10~75 Fines & Forfeits 61.20 Miscellaneous .92 Bowling Alley 1,227~01 . Taxes & Paving 334.20 DISBURSEMENTS ADMINISTRATIVE & GENERAL Salaries Office Expense Fuel & Light Building repairs & upkeep Civilian Defence Miscellaneous ~ ~ STREET DEPT. Salaries & Labor Lights Truck Expense FIRE DEPT. Salaries & Fire calls Truck POLICE DEPT. Salaries Feeding prisoners Miscellaneous PARKS DEPT. Lights & Labor Dock materials & labor ~~ CEMETERY Labor SANITATION Garbage Disposal WATER DEPT 'Salaries & Labor Pumping Expense Trllck Expense Pipe & Fittings metre Deposit Refunds Pump replaced GENERAL Bowling Alley Payment on Truck Gas & Oil .. ~ less withholding tax ACCOUNTED'FOR AS FOLLOWS: Ci ty Cle rk-Cash General Fund overdrawn Int. & Sinking Fund Del Tax Note Fund RefUnding Expense Fund 2,3,3~,4 mill levies Water Meter Deposit Fund 175~00 2.32 11~98 3~80 4~60 44.37 157~20 114~38 7.34 25~00 4.99 275~00 6~50 91.95 18~40 102.60 242.07 278.92 29.99 373.45 121.00 17.85 115.35 64~60 93~90 5.05 5~50 40~00 937.00 1,146.05 1,227~01 100.00 2.25 193.78 1,329~26 3,653.94 29.50 20.00 549~23 106~24 '524~63 3,013~46 574.15 $5,481.89 3 2~7.6.48 8,218.37 3;624.44 4,593.93 4,593.93 ~ R.F.House, City Clerk