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.
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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.
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~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
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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.
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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.
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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. ~
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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'
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Minutes of Council meeting 9-?-43 continued
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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.
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City Clerk
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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.'
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PASSED BY THE CITY COUNCIL AT ITS REElOLAR MEETING
mELD THE 7th DAY OF' SEPTmBER, A. D." 194~.
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City Clark
President of the Clty Couneil
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Received and approved by me this 7~ day ot
september. A. D., 1943.
t1a~:or
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ORDUJANCE NO.
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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..
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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;
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(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.
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PASSED BY THE CI~Y CNTNCIL
ING HELD ON TUESDAY'~.~~ir'
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A? ITS REGULAH AT)'f" I [(;;;V r.mET-
A. D." 1943. '
'PrtJs1c1ent 01' the City Council
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Received and approved by me this _ day-of JUly, A. D., 1943.
l.IIayor
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RESOLUTION CONFIRMING ASSESSMENT ROLL
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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
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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.
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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
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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
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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
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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
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R.F.House, City Clerk