MINUTES OF regular MEETING OF THE BOARD OF COUNTY commissioners
monday – november 7, 1960
The Board of County Commissioners met in regular session in the County Commissioners’ room in the Courthouse at Tavares on Monday, November 7, 1960, with the following present: Chairman Cross; Commissioners Theus, Cowart, Bishop and Simpson; Attorney Duncan; and Clerk Owens. Also present were Commissioners elect Babb and Dykes.
The Board was called to order by Chairman Cross.
The Bond for carrying firearms signed by Alfred R. Lampert of Sorrento as principal and Adolph Lauch and Earl Davis as bondsmen was ordered held in abeyance until checked with the Sheriff to see if he knows Mr. Lampert.
notary public bonds
Clerk Owens reported he has approved since the first regular meeting in October the following Notary Public Bonds with American Surety Company of New York:
William O. Rast 10-4-60, M. K. Tribett 10-13-60, Hilda G. Milbert 10-17-60, C. J. Hippler 10-19-60, Martha S. Elder 10-24-60, and James T. Godwin 11-7-60.
And with United States Fidelity & Guaranty Company: H. F. Ault 10-17-60 and Elisabeth A. Geiger 10-24-60.
Representative Bill Reedy and Capt. Weaver of the Florida Highway Patrol came before the Board regarding the establishment of a Patrol Station in Lake County. Mr. Reedy stated the nearest Patrol Station is Orlando or Ocala. Now that the State Highway has approved an additional station, we should make every effort to get the station in Lake County. Sgt. Spears is in charge of patrolling the highways in Lake County, and he is present today. If Lake County will get the location, the State of Florida will put up the building. Mr. Reedy stated that Beverly Grizzard has a piece of land north of Fruitland Park on two highways. We need about 300 square feet. The Grizzard land is 251 feet wide on the highway, 180 feet deep on the south, and 319 feet on the north side. Mr. Bishop said that Mr. Grizzard is developing a subdivision at Astatula, and maybe we can trade some land there to him for the piece north of Fruitland Park. Chairman Cross asked Mr. Theus to be on a committee of one to meet with Capt. Weaver and see what can work out on this. Mr. Duncan should also meet with them. Find out what Mr. Grizzard will take for the property. We do not have the money, and it would have to be a trade proposition.
The application of William Kern for duplicate Tax Certificate #2714 dated the 30th day of June, 1942 in the sum of $10.01 covering Lots 49 to 67, Pinecrest, Clermont, was approved by the Board.
Dick Gardner, President of the Tavares Chamber of Commerce, appeared before the Board regarding assistance from the Board in decorating of Irma Street for Christmas. Said need two skyline lights. The total cost would be approximately $400. One skyline is to be placed at the intersection of Sinclair Avenue and Irma Street and one at the intersection of Texas Avenue and Irma Street. Mr. Duncan said these lights would not be just for one year, but probably would last ten years, and he thinks it would be a good idea to do this. Mr. Gardner stated that the Chamber of Commerce will budget $400 after this year for Christmas decorations. The Chamber is buying one skyline this year.
On a motion by Commr. Bishop, seconded by Commr. Simpson and carried, the Board was to buy two skyline lights for Christmas decorations on Irma Street in front of the Courthouse at an approximate cost of $400, to be paid out of maintenance for the courthouse.
Mr. Gardner stated he is also representing the property owners on the south shore of Lake Dora. The road, South Shore Drive, is in need of paving. We were promised a year ago that this would be repaved. The school bus driver complained to Mr. Jenkins, but got no action. The road is almost impassable. Mr. Goodson said he talked to Steve, road foreman, and he said this is in the program to get out there and fix the road. Mr. Bishop said this road has not been paved on account of high water, but he would take care of it as soon as the weather conditions permit.
bids for sewage disposal system
Notice having been advertised for bids for furnishing all material, labor and, constructing sewage disposal system for Lake County facilities, Tavares, the following bids were received. (All of the following companies also posted a 5% bid proposal):
GREGG, GIBSON & GREGG, P.O. Box 502, Leesburg
Base bid price $40,688
Alternate
pipe 6” cast 3.30, clay 1.75) $ 2,382
pipe 8” cast 3.75, clay 2.10)
MECHANICAL & CHEMICAL EQUIPMENT CO., INC., Box 3029, Tampa
Base bid price $38,000
Alternate $ 1,600
Pipe 6” 1.25 Pipe 8” cast 2.30
A. W. SMITH & SON, Leesburg, Florida
Base bid price $41,990
Alternate $ 2,000
Pipe 6” clay 1.25 Pipe 8” clay 1.00
BRENNAND POOLS, L. T. BRENNAND, INC., Box 820, Eustis
Base bid price $36,839
Alternate $ 1,558
Pipe 6” clay 2.00 Pipe 8” clay 4.00
AJAX ENGINEERING CORPORATION, Orlando
Base bid price $40,733
Alternate $ 2,394
Pipe 6” clay 1.40 Pipe 8” clay 1.75
On a motion by Commr. Cowart, seconded by Commr. Theus and carried, the low bid of L. T. Brennand, Inc. in the amount of $36,839 was accepted.
Mr. Hopson said if they take pipe of cast iron, it is quite possible someone else would be the low bidder; therefore, he suggested postponing action and let Mr. Goodson, County Engineer, recommend to the Board after studying the bids. Commr. Theus thinks they could get in trouble when it comes to pipe and better to stick to the low bid. Mr. Hopson said he would hold the alternate bids in abeyance until he talks to the contractors.
Mr. Duncan advised the Board that the property on which the sewage plant is to be built should be acquired. He has been negotiating with Irving Burleigh for the purchase of the property.
On a motion by Commr. Bishop, seconded by Commr. Simpson and carried, Attorney Duncan was instructed to conclude the deal on the purchase of the property for the Sewage Plant from Irving Burleigh.
Mr. Duncan reported that he has started negotiations with W. H. Edmunds of SAL to get the permit to go under the railroad.
Mr. Hopson does not think the Board should enter into a formal contract until the above is consummated, and the low bidder should be so advised.
railroad crossing on seaboard airline railroad
George Vance appeared before the Board regarding the railroad crossing on the Seaboard Airline Railroad 3,170 feet westward from railroad mile post 781 near Tavares. Mr. Duncan presented an agreement for the County to execute. Commr. Cross said he will put in the fill, as it is just a matter of a few loads of fill dirt.
On a motion by Commr. Simpson, seconded by Commr. Theus and carried, the Agreement between Seaboard Airline Railroad and Lake County was accepted and the Chairman and Clerk were authorized to execute same. (The contracted executed by both parties was to be filed January 3, 1961.)
Charles W. Chellman, Farm Forester for Orange, Lake and Seminole Counties, appeared before the Board and said he had mailed to each member for the Board and Clerk Owens a copy of the Farm Forester’s Annual Report. Clerk Owens filed a copy with the Board.
plats
The Plat of Harbor Shores Unit #2 was presented to the Board by Mr. Smith. This property is on the north side of Lake Eustis. The title report of W. B. Hunter, attorney, shows the property was subject to a first mortgage by Pine Island Land Company. The dedicated streets are shown on the Plat. There was no letter from the Lake County Health Department, and the party was instructed to hold the Plat until they get a letter from the Lake County Health Department showing the percolation test.
The Plat of Patio Point, with opinion of title by Cork & Daniel, attorneys, showing the property was owned by Adolph Deutachle and wife and Lloyd Straw and wife, and is encumbered only by a mortgage from the owners to Pierce K. Channel and wife, Mary E. Channel, also Partial Release of streets from mortgage holders and a letter from the Lake County Health Department presented to the Board by Mr. Daniel. Mr. Duncan stated the Plat is alright; WHEREUPON, on a motion by Commr. Bishop, seconded by Commr. Cowart and carried, the Plat of Patio Point was accepted and approved.
The Plat of Ocala Camp Sites, with Title Policy #FE 34403 issued by Title & Trust Company of Florida, title in W. H. Vernor, Inc., a Florida corporation and a letter from the Lake County Health Department regarding the percolation test were presented by Tom Sawyer of Orange State Oil Engineers, Inc. (Also a letter from Orange State). On a motion by Commr. Bishop, seconded by Commr. Theus and carried, the Plat of Ocala Camp Sites was accepted and approved.
The Plat of Villdale within the city limits of Eustis with Title Policy #FE 3418 issued by Title & Trust Company of Florida was presented to the Board for approval. The property belongs to Dale S. Dillard. On a motion by Commr. Simpson, seconded by Commr. Cowart and carried, the Plat of Villdale was approved.
The Plat of Howell Park was ordered held until they can contact Mr. Shewey, Engineer.
contract exercising option with hunnicutt & associates
On a motion by Commr. Simpson, seconded by Commr. Theus and carried, the Clerk and Chairman were authorized to execute the Contract Exercising Option with Hunnicutt & Associates, Inc., a Florida corporation.
Mrs. Lula Meeks came before the Board for information concerning a proposed suit to exclude certain streets from the Town of Astatula. She wanted to know who would take care of the streets when excluded. Mr. Bishop does not think the County would be obligated to take care of them. If the people take themselves out of the town, they would be obligated to take care of the streets. Mrs. Meeks asked if the Board would give her a letter as to the policy of the Board. Commr. Bishop said he would not want to give an official letter, as he does not know that the streets are going to be taken out of the town. After the suit is determined, the County Commissioners could decide what to do.
Commr. Bishop stated that the Board has authorized Mr. Duncan to secure two pieces of land in District #3 for a clay pit some time ago. We have had appraisals on the land; one appraisal was $800 per acre, and a reappraisal was $600 per acre based on five acres as grove land. Mr. Clark wants $800 per acre, or he will go to court for damages caused by the County. He wants his land squared off. Mr. Duncan stated he has been negotiating with Mr. Clark for some time and thinks it would save the County money to purchase the land at $800 per acre, save condemnation proceeding, and money also. Commr. Bishop stated he needs the clay very badly. On a motion by Commr. Bishop, seconded by Commr. Cowart and carried, the Board is to purchase the land from Harry Clark at a price of $800 per acre for a clay pit and that the Attorney be authorized to prepare the deed.
Commr. Bishop reported that Mr. Johnson has five acres of land with clay. Mr. Duncan said that William Arnold, attorney for Mr. Johnson, called him, but he wants more money, and Mr. Duncan told him he could not make any better off than the appraisement. Mr. Arnold wanted to know if would turn the title back to Mr. Johnson when the clay is used – just take an easement.
avapopka road
Commr. Bishop filed some deeds which are in order for the first part of the Avapopka Road. Mr. Duncan took the deeds and will check the title.
Commr. Cowart presented a bill of J. H. Parker for dragline work on Lake Shepherd drain water, 66 hours at $12.50 per hour - $825.
On a motion by Commr. Bishop, seconded by Commr. Cowart and carried, the following Resolution was adopted:
WHEREAS, because of excessive high waters in the vicinity of Lake Shepherd, a Resolution heretofore having passed for immediate excavation for the purpose of lowering the water levels and reducing health hazards and property damage in that area, and
WHEREAS, in order to accomplish this work on an emergency basis, one J. H. Parker was employed to operate a dragline at $12.50 per hour to be paid from road and bridge funds, one half from District #2 and one half from District #3, and
WHEREAS, because of the emergency situation, it was impossible to advertise for the completion of said work on a contract basis;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that the Chairman of the Board of County Commissioners and the Clerk of the Board of County Commissioners be authorized to issue checks in the payment of the said work on the emergency basis and that a check for $825 representing 66 hours at $12.50 per hour be issued to J. H. Parker for services heretofore rendered and such further sums as shall be required to complete the work upon approval of the County Engineers.
juvenile detention home
Mr. Duncan presented a deed from J. C. Sparks and wife to Lake County conveying Lots K and L, Block 40, Tavares, and said he wants to close this deal.
On a motion by Commr. Bishop, seconded by Commr. Simpson and carried, the deed was accepted and the bill approved at the second meeting in December for payment of the lots.
Mr. Duncan presented a deed from Charles Yates and wife to Lake County conveying Lot H, Block 40, Tavares, in connection with the Juvenile Detention Home property.
On a motion by Commr. Cowart, seconded by Commr. Theus and carried, the deed from Charles Yates and wife was accepted and the bill approved at the second meeting in December for payment of the lot.
Mr. Duncan also presented a deed from J. D. Slone and wife to Lake County conveying Lot G, Block 40, Tavares, in connection with the Juvenile Detention Home property.
On a motion by Commr. Theus, seconded by Commr. Simpson and carried, the deed from J. D. Slone and wife was accepted and the bill approved at the second meeting in December for payment of the lot.
A letter from J. Kenneth Ballinger, Attorney, regarding Acts of Legislature relative to preparation of summaries, recommendations and legislative amending bills relating to population acts for Lake County under the 1950 and 1960 Census was read and filed. Mr. Ballinger stated he will start October 3, 1960 on the preliminary work.
contract - manley construction company
On a motion by Commr. Theus, seconded by Commr. Simpson and carried, the Clerk and Chairman were authorized to execute the Contract dated October 23, 1960 with J. D. Manly Construction Company for a single-surface treatment of certain roads in the Umatilla area, Eustis area, and miscellaneous areas.
recess and reassembly
Adjourned for lunch and reconvened at 1:55 p.m.
The Board was called to order by Chairman Cross.
Mr. Duncan reported he received a letter from Richey Green, District Engineer of the State Road Department, enclosing a map of the Orange Avenue Extension from the city limits to LaRoe’s Corner. Mr. Duncan stated there are about 20 different houses on the right of way. Mr. Goodson said if we can only do business with the property owners on one side of the road, the cost to the County would be considerably less. Commr. Cross suggested that Mr. Duncan and Mr. Goodson confer with Hugh Hanna of the State Road Department before taking any official action.
Mr. Duncan read a letter from the Atlantic Coast Line Railroad Company regarding application of the Board of County Commissioners for authority to improve an existing crossing (Church Street) over the Coast Line’s right of way and tract 857 feet east of Mile Post TA-787, Sorrento. This letter stated “It will be satisfactory for Lake County to improve the crossing as proposed with the understanding that the improvements will be made at the entire expense of Lake County, including any necessary drainage, if such is needed, under supervision of the Atlantic Coast Line Maintenance of Way Department and subject to their usual form of agreement to cover.”
On a motion by Commr. Simpson, seconded by Commr. Cowart and carried, the Agreement between Seaboard Air Line Railroad Company and Lake County regarding construction of a crossing over the railroad at a point approximately 3 miles north of Tavares, described as being at “Perch Avenue” according to the Plat of Orange Blossom Estates in Lake County, Florida, 3,170 feet westwardly from the Railroad’s Mile Post 781 be accepted and that the Chairman and the Clerk be authorized to execute same.
Mr. Duncan read a resolution from the Town Council of Howey in the Hills regarding pumping along the shore of Lake Harris at Howey. Commr. Cross said he looked at the pumped in property, and it is not objectionable. Mr. Duncan said in 1925 the Legislature passed an act whereby the bottoms of Lake Harris and Lake Griffin were conveyed over to Lake County, and he is in correspondence now with the trustees of the Internal Improvement Fund to know what they are going to do. They say not to go beyond the channel, but what is the channel, and where does it go? It would appear that these people have certain rights.
On a motion by Commr. Cowart, seconded by Commr. Simpson and carried, the following resolution was adopted:
WHEREAS, the shoreline of Little Lake Harris within the corporate limits of the Town of Howey in the Hills is indefinite, irregular, and in some instances unsightly, and
WHEREAS, under and by virtue of the special act of the Legislature of Florida passed in the regular session of the Legislature in 1925, the Legislature granted to Lake County the title and certain rights to the lake bottoms and waters of Lake Griffin and Lake Harris from the shorelines to the channels, and
WHEREAS, the improvement of the lakeshore line within the said limits of the Town of Howey in the Hills by filling and otherwise developing the same will improve said shoreline and the adjoining property.
NOW, THEREFORE, be it resolved by the Board of County Commissioners of Lake County, Florida, that fills be permitted along the shoreline of Lake Harris with the Town Limits of the Town of Howey in the Hills to an extent of 200 feet easterly from the eastern boundary line of the Lake Shore Drive, according to the Plat of said Town of said Lakeshore Drive on file in the office of the Tax Assessor of Lake County, Florida, and any recorded Plat including said Lakeshore Drive.
job no. 11682-2602, sr no. 2-44-b title report
A title report on this job was filed with the Board.
minute maid corporation exchange of property
There was discussion on Lot 15 in Avalon Subdivision, Leesburg. Mr. Duncan stated they will have to bring suit to quiet title if there is a discrepancy found when the titles are examined.
Mrs. Hubbard again came before the Board to find out what has been done about her objections to her neighbor building chicken houses on his property which is not zoned for this purpose. She stated he has built three new houses since she was last before the Board. Mr. Goodson said he has prepared a memo on this. Mr. Duncan said it would be up to the court as to whether or not the man would have to tear down the houses.
On a motion by Commr. Cowart, seconded by Commr. Bishop and carried, the Attorney for the Board, Mr. C. E. Duncan, was instructed to proceed with a mandatory injunction against the party to remove the buildings constructed contrary to zoning regulation.
On a motion by Commr. Cowart, seconded by Commr. Bishop and carried, the following Change Order was incorporated in the Manly Construction Company’s contract:
WHEREAS the contract between the Board of County Commissioners of Lake County and the J. D. Manly Construction Company dated October 24, 1960 has specified the type of asphalt material to be A. C. 15 asphaltic cement and
WHEREAS the weather may be a factor hazardous to the production of a desirable result, now,
The Board of County Commissioners in meeting assembled November 7, 1960 agrees to permit the use of asphalt material designated as RC-5 cutback asphalt.
The Contractor agrees to perform the work.
There is no change in contract cost.
Fred Cross, Board of County Commissioners Chairman J. D. Manly Construction Co.
Frank Owens, Board of County Commissioners Secretary By: E. M. Merrill, Secy
Mr. Goodson said it is necessary to change the entrance to the Home for the Aged and will need the road paved. The Board agreed for Mr. Goodson to work out the paving of the road with J. D. Manly Construction Company on some of the jobs they have for the County.
On a motion by Commr. Bishop, seconded by Commr. Theus and carried, the Payroll for the month of October was approved.
A letter from Reynolds, Smith & Hill regarding damage by Storm Donna was referred to County Engineer Goodson.
the following letters from the state road department were read and filed:
Re: Section 11200 (SR 25 US 27) acknowledging receipt of the copy of Resolution dated 10-24-60. This letter stated that Lake County will assume all liability which may arise from the installation of a culvert under SR 25 and will hold the State Road Department harmless from any damage or injury which may result from such installation.
Re: #78040 – Detour around Lady Lake – acknowledging receipt of a copy of Resolution dated October 14, 1960 for the construction of a detour around the water area in Lady Lake and that the cost of this construction should be paid through Lake County Secondary funds.
Re: #11040 (Lady Lake Water) - acknowledging receipt of Resolution dated October 17, 1960 pertaining to the water condition on 441 and the Lake Sylvia area in Lady Lake.
Re: Old SR 50 in Lake County - acknowledging receipt of a resolution dated October 3, 1960 requesting the Department to install a proper size drainage structure under old SR 50 at a point approximately one mile west of Palatlakaha Creek – the total cost of the installation to be borne by the adjacent property owners. This letter stated that District Engineer Green has been requested to investigate this proposition and proceed with the installation of this drainage structure upon receipt of the funds to pay for the work.
complete tabulation of the following roads:
Job No. 11020-8501, SR 33, from SR 50 in Mascotte north to SR 25.
Job No. 11180-3501, SR 455, approximately 1.718 miles in Montverde; and
Job No. 11550-8601, SR S-449, from SR 500 SE of Silver Lake north approximately 1.235 miles.
telegrams from srd
A telegram from SRD states that the low bidder on Job No. 11681-3601, SR S-565B and SR S-565A, Monta Vista Road from SR 33 and NW to SR 50 near Groveland and Job 11681-3602, S-565B from SR S 565A at Vitti Corner easterly to SR 561 is Marion Construction Company of Ocala, $247,170.38.
A telegram from SRD states that the low bidder on Job No. 11685-3601, SR S-439 between SR 44 and SR 42 via Lake Murphy is Marion Construction Company of Ocala, $223,079.74.
Section 11070, SR 50 between Clermont and Groveland
A copy of a letter from SRD to M. J. Baxter states the matter of objectionable signs on the referenced road has been investigated and finds that the signs are not on the Road Department’s right of way, and they have no jurisdiction in the matter.
Clerk Owens advised the Board that he obtained the price on Case Binders from four companies and that Dotherow Office Supply Company was the lowest quotation. Therefore, he bought 150 No. 618CB Manila Case Binders with flaps and 2” ACCO fasteners, printed in red ink, in Common Law at the price of $44 from Dotherow Office Supply Company, Orlando.
business brought forward by clerk owens
Clerk Owens reported to the Board that he had a chance to buy from Bowen Supply Company some used roller shelves and had placed the order. On a motion by Commr. Theus, seconded by Commr. Simpson and carried, the action of Clerk Owens in purchasing the used shelves from Bowen Supply Company was approved.
Clerk Owens presented prices on 46 Photocopy Binders from Dotherow Office Supply Company, $983.48. Prices from Bowen Supply Company - $979.80.
On a motion by Commr. Simpson, seconded by Commr. Cowart and carried, Clerk Owens was authorized to buy 46 Photocopy binders from the low bidder, Bowen Supply Company, for $979.80 or a price of $21.30 each.
business brought forward by commissioners
Commr. Cross said the Ham Radio operators want to buy some materials at a cost of approximately $175, and he recommended that this be bought out of the Civil Defense Fund.
On a motion by Commr. Simpson, seconded by Commr. Theus and carried, the Ham Radio operators were authorized to buy some materials and have them installed not to exceed $175, to be paid for out of Civil Defense.
Commr. Simpson reported that R. K. Elder owns a piece of property on Lake Eldorado and said that J. A. Getford owns property on the other side of the road and wants the County to make a fill 200 feet in length and 4 or 5-feet high. Mr. Getford said he would give the sand. They need this fill to get into their property. No action was taken on this.
Commr. Simpson read a letter from some property owners in Dora Manor, Mr. Morris, Mr. Roy Ledford and Mr. T. O. Ledford, requesting the Board to not allow the roads in Dora Manor to be closed. Commr. Simpson kept the letter. No action was taken.
notice of public hearing
Notice of public hearing regarding Four Rivers – drainage of Green Swamp – is to be held at Eustis City Hall Auditorium on November 17 at 9 a.m. Commr. Cross, Mr. Goodson, and Mr. Owens said they will attend the meeting.
quotations on lp gas for drainage program
Quotations on LP gas for the Drainage Program were filed as follows:
Hi-Acres, Inc., Groveland – 13 cents p/g delivered in Lake County & surrounding vicinity.
Mid-Florida Gas Company, Leesburg – 14 cents p/g delivered to County tanks.
Mr. Goodson was instructed to buy the gas from Hi-Acres, Inc., Groveland.
Commr. Theus said the Soroptimist Club of Leesburg has written him that they would like to help out in any way they can when the Home for the Aged is in operation. Commr. Theus suggested that the Clerk write Mrs. Flora Hill that the Board appreciates this offer of assistance, and as soon as we can make definite plans for operation, will call on the Club.
A letter from Mrs. Vera M. Van Selus, President, Altoona PTA, requesting assignment of a patrolman at the corner of Road 19 and Johnson Road in Altoona before school in the morning, at noon, and at 3:15 p.m. was read and referred to Sheriff McCall.
Mr. Goodson stated he has an application in to ODC for expenses of pumping, and Civil Defense money will pay for this.
Commr. Cross asked for volunteers to help count absentee votes on Thursday. They will have about 800 to count and will have two helpers from the County Judge’s office, two from Mrs. Baker’s office, and need two from the County Commissioners. Commr. Bishop and Commr. Theus said they will come early Thursday morning.
the following letters were filed with the board:
ACL RAILROAD COMPANY and SAL RAILWAY COMPANY regarding merger.
FL STATE CHAMBER OF COMMERCE program for 44th Annual Meeting in Jacksonville.
PUBLIC NOTICE regarding construction of twin fixed bridges across Dead River between Lakes Eustis and Harris
Copy of letter from J. Basil Hall, M.D., Director, Lake Co. Health Dept., to David B. Lee, Director, Bureau of Sanitation, health hazard at Lady Lake.
KARL LEHMANN requesting sawdust and clay for fair grounds.
P. C. MORRELL requesting replacement of 2 towers marked Edgewater Beach
FLORIDA TB HOSPITAL regarding transfer of Edwin Allen Yale to Akron, Ohio 10-16-60 and admittance to hospital of William E. Lott
annual report of willis v. mccall, sheriff
The annual report of Sheriff McCall was filed with the Board.
following reports were filed with the board:
Florida Division of Corrections, State Road Prison #5758, Tavares, and Lake County Jail.
Marian B. Valentine and 2 assistants, Home Demonstration Agents
R. E. Norris, County Agent, and 2 assistants
J. C. Hunter, County Service Officer
refund of tax overpayment
Mr. Duncan stated that the Comptroller has approved the refunding of the overpayment of taxes by Robert Miller on property in East Umatilla, Lots 7 to 12 inclusive, Blk 53, that was erroneously assessed. The Tax Assessor has advised that the total tax collected was $17.09 and should have been $4.28, and the difference of $12.81 was assessed in error as having a trailer on the property, and the $12.81 was collected in error.
On a motion by Commr. Theus, seconded by Commr. Bishop and carried, the Board refunded to Robert Miller $12.81, the amount which was erroneously assessed and collected for taxes on Lots 7 to 12 inclusive, Block 53, Umatilla, Florida. (The address of Mr. Robert Miller is 318 W. Stadium Blvd., Ann Arbor, Michigan).
Mr. Duncan presented a resolution authorizing the construction of a County Jail and the acquisition of the necessary lands therefore, etc. and stated that this resolution was prepared by Attorney Trimble of New York, who will have to approve the bonds, and Mr. Gunby of Deland has checked the resolution and said it is in proper form.
On a motion by Commr. Theus, seconded by Commr. Simpson and unanimously carried, the following Resolution was adopted:
RESOLUTION AUTHORIZING THE CONSTRUCTION OF A COUNTY JAIL AND THE ACQUISITION OF THE NECESSARY LANDS THEREFOR AND THE CONSTRUCTION OF ALTERATIONS, IMPROVEMENTS, AND REPAIRS TO THE EXISTING COURTHOUSE IN LAKE COUNTY, FLORIDA, AND THE ISSUANCE OF NOT EXCEEDING $1,250,000 COURTHOUSE AND JAIL CERTIFICATES OF INDEBTEDNESS OF SAID COUNTY TO FINANCE THE COST THEREOF, PAYABLE FROM THE SPECIAL TAXES AUTHORIZED BY CHAPTER 135, FLORIDA STATUTES.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF LAKE, FLORIDA:
ARTICLE I
1.01. AUTHORITY FOR THIS RESOLUTION. This resolution is adopted pursuant to the provisions of Chapter 135, Florida Statutes, and other applicable provisions of law.
It is hereby found and determined as follows:
(A) That as provided in said Chapter 135, Florida Statutes (hereinafter referred to as “Act,”) it is necessary for the carrying out of the essential governmental functions of the County of Lake, Florida, and for the welfare of the inhabitants therein, to construct a County Jail in said County and to acquire the necessary lands therefor, and to construct alternations, improvements, and repairs to the existing Courthouse in said County, in the manner provided in said Act.
(B) That pursuant to the provisions of said Act, this Board heretofore, by resolution duly adopted on the 31st day of August, 1959, fixed the time and place for a public hearing in said County on the exercise of the powers provided in said Act and that due notice of such public hearing was published in the manner provided in said Act.
(C) That said public hearing was thereafter duly held on the 5th day of October, 1959, pursuant to said published notice and that all taxpayers and residents of said County were given full opportunity to be heard at said public hearing.
(D) That after said public hearing and after due and full consideration, this Board did on the 5th day of October, 1959, duly adopt a resolution finding and determining that it is necessary to construct said Jail and acquire the necessary lands therefor and to construction alternations, improvements, and repairs to the existing Courthouse in said County, providing for the financing of the cost thereof by the issuance of Certificates of Indebtedness pursuant to said Act and levying a building tax of not exceeding five mills on the dollar per annum of the assessed valuation of all taxable property in said County for a period of not to exceed fifteen (15) consecutive years.
(E) That said County has heretofore levied in its budgets for the fiscal years 1959-60 and 1960-61 special taxes for the purpose of paying part of the cost of the construction of said Jail and the acquisition of the necessary lands therefor and the construction of alternations, improvements and repairs to said existing Courthouse or for the payment of debt service on obligations issued to finance the cost thereof; that the County now has on hand from the proceeds of the levy of said special tax for the fiscal year 1959-60 the sum of $156,994.04.
(F) That the estimated cost of the construction of said County Jail and the acquisition of the necessary lands therefor, and the construction of said alterations, improvements, and repairs to said Courthouse, together with the necessary purposes appurtenant of incidental thereto, is the sum of $1,400,000 based upon the estimates of Howell C. Hopson, Architect, of Leesburg, Florida, and that all or substantially all of the proceeds of said Certificates of Indebtedness authorized by this resolution in a principal amount not exceeding $1,250,000, together with part of the proceeds of said special taxes levied for the fiscal years 1959-60 and 1960-61, will be needed for the aforesaid construction.
(G) That the special taxes levied pursuant to said Act, said resolution adopted October 5, 1959, and this resolution and said special taxes levied in the fiscal years 1959-60 and 1960-61, will be sufficient to pay all of the principal of and interest on the Certificates of Indebtedness authorized by this resolution, as the same shall become due, and all sinking fund or other payments provided for in this resolution.
(H) That the principal of and interest on the Certificates of Indebtedness to be issued pursuant to this resolution and all of the sinking fund or other payments provided for in this resolution will be paid solely from the said special taxes pledged therefor by this resolution, and it will never be necessary or authorized to levy any ad valorem or other taxes, except said special taxes, on any real or personal property in said County to pay the principal of and interest on the Certificates of Indebtedness to be issued pursuant to this resolution.
(I) That there is hereby authorized the construction of a Jail for said County and the acquisition of the necessary lands therefor, and the construction of alternations, improvements and repairs to the existing Courthouse in said County and other purposes appurtenant, necessary or incidental thereto, substantially in accordance with the plans and specifications prepared or to be prepared by said Howell C. Hopson, Architect, and approved by this Board, and filed or to be filed in the office of the Clerk of this Board at an estimated cost of not exceeding $1,400,000. Such cost shall be deemed to include the cost of the construction of said Jail and the acquisition of the necessary land therefor and the construction of said alterations, improvements, and repairs to said Courthouse; engineering, architectural and legal fees and expenses; the fees and expenses of any financial advisers, consultants, or other experts employed by the County; preliminary engineering or architectural expenses and plans and designs for said construction; interest on said Certificates of Indebtedness during construction; the expense of the issuance, authorization and sale of said Certificates of Indebtedness, including advertisements, notices and other proceedings in connection therewith; and such other purposes as are necessary, incidental or appurtenant to the construction of said Jail and the acquisition of the necessary land therefor, and the construction of said alterations, improvements and repairs to said existing Courthouse and the financing of the cost thereof as provided in said Act.
1.02 RESOLUTION TO CONSTITUTE CONTRACT. In consideration of the acceptance of the Certificates of Indebtedness authorized to be issued hereunder by those who shall hold the same from time to time, this resolution shall be deemed to be and shall constitute a contract between the County of Lake, Florida, and such Certificate holders, and the covenants and agreements herein set forth to be performed by said County shall be for the equal benefit, protection, and security of the legal holders of any and all of such Certificates of Indebtedness and the coupons attached hereto, all of which shall be of equal rank and without preference, priority, or distinction of any of said Certificates of Indebtedness or coupons over any other thereof except as expressly provided therein or herein.
1.03. DEFINITIONS. The following terms shall have the following meanings in this resolution unless the text otherwise expressly requires:
(A) “County” shall mean the County of Lake, Florida.
(B) “Act” shall mean Chapter 135, Florida Statutes.
(C) “Certificates” shall mean the $1,250,000 Certificates of Indebtedness originally authorized to be issued pursuant to this resolution or such amount thereof as shall hereafter be issued hereunder, as hereinafter provided, and the interest coupons attached to said Certificate.
(D) “Holder of Certificates” or “Certificate holder” or any similar term shall mean any person who shall be the bearer or owner of any outstanding Certificate or Certificates registered to bearer or not registered or the registered owner of any outstanding Certificate or Certificates which shall at the time be registered other than to bearer or of any coupons representing interest accrued or to accrue on said Certificates.
(E) “Special Taxes” or “five mills tax” shall mean the special taxes authorized to be levied by said Act, said resolution adopted October 5, 1959, and this resolution shall also include said special taxes heretofore levied by said County in its budgets for the fiscal year 1959-60 and 1960-61 referred to in Section 1.01 (E) hereof.
(F) “Fiscal year 1961-62” shall mean the period beginning with October 1, 1961 and ending with September 30, 1962, and reference to any other fiscal year shall in like manner mean the period beginning with October 1 of the first designated year of such fiscal year and ending with September 30 of the next succeeding year.
(G) Words importing singular number shall include the plural number in each case and vice versa, and words importing persons shall include firms and corporation.
article ii – authorization, form execution and registration of certificates
2.01. AUTHORIZATION OF CERTIFICATES. Subject and pursuant to the provisions of this resolution, obligations of the County of Lake, Florida, to be known as “Certificates of Indebtedness” are hereby authorized to be issued in the aggregate principal amount of not exceeding One Million Two Hundred Fifty Thousand Dollars (($1,250,000) for the purpose of financing the cost of the construction of said Jail and the acquisition of land necessary therefor and the construction of alterations, improvements, and repairs to the existing Courthouse, as provided in Section 1.01 (I) hereof.
2.02. DESCRIPTION OF CERTIFICATES. The Certificates shall be dated October 1, 1960, shall be in the denomination of $1,000 each, shall be numbered from 1 to 1,250, both inclusive, shall bear interest at a rate not exceeding the legal rate of six per centum (6%) per annum, payable semi-annually on April 1 and October 1 of each year and shall mature serially in numerical order, lowest numbers first, on October 1 of each year in the years and amounts as follows:
YEAR AMOUNT YEAR AMOUNT
1961 $50,000 1966 $150,000
1962 $55,000 1967 $155,000
1963 $60,000 1968 $160,000
1964 $135,000 1969 $165,000
The Certificates of said issue shall not be redeemable prior to their stated dates of maturity.
The principal and interest on said Certificates shall be payable in lawful money of the United States of America at the principal office of the Bankers Trust Company in the City and State of New York.
2.03. EXECUTION OF CERTIFICATES AND COUPONS. Said Certificates shall be executed in the name of the County by the Chairman of the Board of County Commissioners, and its corporate seal shall be affixed thereto or imprinted, lithographed or reproduced thereon and attested by the Clerk of the Circuit Court, ex officio Clerk of the Board of County Commissioners. The facsimile signatures of said Chairman and Clerk may be imprinted, lithographed, or reproduced in facsimile on said Certificates and on the validation legend, provided that at least one of said officers shall manually apply his signature on said Certificates. In case any one or more of the officers who shall have signed or sealed any of the Certificates shall cease to be such officer of the County before the Certificates so signed and sealed shall have been actually sold and delivered, such Certificates may nevertheless be sold and delivered as herein provided and may be issued as if the person who signed or sealed such Certificates had not ceased to hold such office. Any Certificate may be signed and sealed on behalf of the County by such person as at the actual time of the execution of such Certificate shall hold the proper office in the county, although at the date of such Certificates, such person may not have held such office or may not have been so authorized.
The coupons to be attached to the Certificates shall be authenticated with the facsimile signatures of the present or any future Chairman and Clerk, aforesaid, and the County may adopt and use for that purpose the facsimile signature of any person who shall have been such Chairman or Clerk at any time on or after the date of the Certificates, notwithstanding that he may have ceased to be such Chairman or Clerk at the time when said Certificates shall be actually sold and delivered.
2.04. NEGOTIABILITY AND REGISTRATION. The Certificates shall be and have all of the equalities and incidents of negotiable instruments under the law merchant and the Negotiable Instruments Law of the State of Florida, and each successive holder, in accepting any of said Certificates or the coupons appertaining thereto, shall be conclusively deemed to have agreed that such Certificates shall be and have all of the qualities and incidents of negotiable instruments under the law merchant and the Negotiable Instruments Law of the State of Florida, and each successive holder shall further be conclusively deemed to have agreed that said Certificates shall be incontestable in the hands of a bona fide holder for value in the manner provided hereinafter in the form of said Certificates.
The Certificates may be registered at the option of the holder as to principal only or as to both principal and interest at the office of the Clerk for the Board of County Commissioners as Registrar or such other Registrar as may hereafter be legally appointed, such registration to be noted on the back of said Certificates in the space provided therefor. After such registration as to principal only or both principal and interest, no transfer of the Certificates shall be valid unless made at said office by the registered owner or by his duly authorized agent or representative and similarly noted on the Certificates, but the Certificates may be discharged from registration by being in like manner transferred to bearer and thereupon transferability by delivery shall be restored. At the option of the holder, the Certificates may thereafter again from time to time be registered or transferred to bearer as before. Such registration as to principal only shall not affect the negotiability of the coupons which shall continue to pass by delivery.
2.05. CERTIFICATES MUTILATED, DESTROYED, STOLEN OR LOST. In case any Certificate shall become mutilated or be destroyed, stolen or lost, the County may in its discretion issue and deliver a new Certificate with all unmatured coupons, if any, so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Certificate, upon surrender and cancellation of such mutilated Certificate and attached coupons, if any, or in lieu of and substitution for the Certificate and attached coupons, if any, destroyed, stolen or lost, and upon the holder furnishing the County proof of his ownership thereof and satisfactory indemnity and complying with such other reasonable regulations and conditions as the County may prescribe and paying such expenses as the County may incur. All Certificates and coupons so surrendered shall be cancelled by the Clerk and held for the account of the County. If any such Certificate or coupon shall have matured or be about to mature, instead of issuing a substituted Certificate or coupon, the County may pay the same upon being indemnified as aforesaid, and if such Certificate or coupon be lost, stolen, or destroyed without surrender thereof.
Any such duplicate Certificates and coupons issued pursuant to this section shall constitute original, additional contractual obligations on the part of the County whether or not the lost, stolen or destroyed Certificates or coupons be at any time found by anyone, and such duplicate Certificates and coupons shall be entitled to equal and proportionate benefits and rights as to lien and source and security for payments from the special taxes pledged herein with all other Certificates and coupons issued hereunder.
2.06. FORM OF CERTIFICATE AND COUPONS. The text of the Certificates and coupons shall be of substantially the following tenor, with such omissions, insertions and variations as may be necessary and desirable and authorized or permitted by this resolution or any subsequent resolution adopted prior to the issuance thereof.
UNITED STATES OF AMERICA, STATE OF FLORIDA, COUNTY OF LAKE CERTIFICATE OF INDEBTEDNESS
The County of Lake, State of Florida, for value received, hereby promises to pay, solely from the special fund provided by the Board of County Commissioners as hereinafter set forth to the bearer hereof on the first day of October, 19__, the principal sum of ONE THOUSAND DOLLARS, and to pay from said special fund interest thereon from the date hereof at the rate of per centum per annum, semi-annually on the first days of April and October of each year until paid, such interest as aforesaid, as may accrue on or prior to the maturity date hereof to be paid upon presentation and surrender of the annexed coupons as they severally become due. Both principal and interest on this Certificate are payable in lawful money of the United States of America at the principal office of the Bankers Trust Company in the City and State of New York.
The Certificates of the issue of which this Certificate is one are not redeemable prior to their stated dates of maturity.
It is hereby certified that this Certificate is one of an issue of not exceeding One Million Two Hundred Fifty Thousand Dollars ($1,250,000) all of like date, tenor and effect except as to number and maturity, issued by Lake County, Florida, pursuant to and in full compliance with the provisions of the Constitution and Laws of the State of Florida and particularly pursuant to Chapter 135, Florida Statutes and pursuant to a resolution duly adopted by the Board of County Commissioners of Lake County, Florida.
The issue of Certificates of which this Certificate is one has been authorized and issued for the purpose of paying the cost of the construction of a Jail in said County and the acquisition of the necessary land therefor and the construction of alternations, improvements, and repairs to the Courthouse in said County, as determined to be necessary by the Board of County Commissioners of Lake County, Florida, and after all notices have been published and all hearings held as required by law. It is provided by resolution duly adopted by the Board of County Commissioners of Lake County, Florida, that the principal amount of this Certificate, together with interest thereof, is payable from and secured by a first lien on and pledge of the proceeds derived from ad valorem levy of not exceeding five mills on the dollar per annum of the assessed valuation of all taxable property in Lake County for the period that the issue of Certificates of which this Certificate is one, is outstanding, but not to exceed a period of fifteen consecutive fiscal years, beginning with the fiscal year 1960-61 and other special taxes heretofore levied and collected by said County for said propose. This Certificate, including interest thereof, is payable solely from said special fund, the Board of County Commissioners of Lake County, Florida, is under no obligation to pay the principal of this Certificate or interest thereon except from the proceeds of said five mills levy on the dollar of the assessed valuation of all taxable property in Lake County, Florida, said special taxes heretofore levied and collected for said purpose.
The Certificate and the coupons appertaining hereto, is and has all the qualities and incidents of a negotiables instrument under the law merchant and the Negotiable Instruments Law of the State of Florida, and the original holder and each successive holder of this Certificate or of the coupons appertaining hereto shall be conclusively deemed by his acceptance hereof to have agreed that this Certificate and the coupons appertaining hereto shall be and have all the qualities and incidents of negotiable instruments under the law merchant and the Negotiable Instruments Law of the State of Florida. The original holder and each successive holder of this Certificate and of the coupons appertaining hereto shall be conclusively deemed to have agreed and consented to the following terms and conditions:
(a) Title to this Certificate, unless registered as herein provided, and to the annexed interest coupons, may be transferred by delivery in the manner provided for negotiable instruments payable to the bearer in the law merchant and the Negotiable Instruments Law of the State of Florida;
(b) Any person in possession of this Certificate, unless registered as herein provided, or of the interest coupons hereunto appertaining, regardless of the manner in which he shall have acquired possession is hereby granted power to transfer absolute title hereto by delivery hereof to a bona fide purchaser, that is to anyone who shall purchase the same for value (present or antecedents) without notice of prior defenses or equities or claims of ownership enforceable against his transferor; every prior taker or owner of this Certificate, unless registered as herein provided, and of the annexed interest coupons, waives and renounces all of his equities and rights herein in favor of every such bona fide purchaser, and every such bona fide purchaser shall acquire title hereto and to all rights represented hereby; and
(c) The County of Lake, Florida, may treat the bearer of this Certificate, unless registered as herein provided, or of the interest coupons hereunto appertaining, as the absolute owner hereof for all purposes without being affected by any notice to the contrary.
This Certificate may be registered as to principal only or as to both principal and interest, in accordance with the provisions endorsed hereon.
It is further certified that all acts, conditions, and things required to happen exist and be performed in precedent to and in the issuance of this Certificate, have happened, existed and been performed as so required.
IN WITNESS WHEREOF the County of Lake, State of Florida, has caused this Certificate to be signed by the manual or facsimile signature of the Chairman of its Board of County Commissioners and its official seal to be affixed, imprinted, or reproduced hereon and attested and countersigned by manual or facsimile signature of the Clerk of the Circuit Court, ex officio Clerk of the Board of County Commissioners, and the coupons hereto attached to be executed with the facsimile signatures of said officers, all as of the first day of October, 1960.
(Seal and signature for Clerk and Chairman of Board of County Commissioners)
ARTICLE III. COVENANTS, SPECIAL FUNDS AND APPLICATION THEREOF
3.01. SINKING FUND. Pursuant to said Act, there is hereby created and established a special fund to be known as the “Sinking Fund” into which fund the proceeds of part of the special taxes provided for in Section 3.02 and all of the special taxes referred to in Section 3.03 shall be deposited.
3.02. APPLICATION OF SPECIAL TAXES HERETOFORE COLLECTED BY THE COUNTY. From the proceeds of said special taxes collected in the fiscal year 1959-60, referred to in Section 1.01 (E) hereof and the proceeds of said special taxes levied and collected in the fiscal year 1960-61, the County shall first deposit in said Sinking Fund an amount equal to the interest which will become due on said Certificates on April 1, 1961 and October 1, 1961, and the principal which will become due on said Certificates on October 1, 1961. The County shall next from the proceeds of such special taxes for said fiscal years 1959-60 and 1960-61 deposit in the Reserve Account in the Sinking Fund the sum of Sixty Thousand Dollars ($60,000).
The balance of the proceeds of said special taxes levied and collected in the fiscal years 1959-60 and 1960-61 shall, after making deposits into the Sinking Fund and the Reserve Account provided for above, be deposited in the Construction Fund created in Section 3.05 hereof and shall be used in the manner provided in said Section 3.05.
3.03 LEVY AND PLEDGE OF SPECIAL TAXES.
There shall be levied in each year on all the taxable property in said County a special ad valorem tax of not exceeding five mills on the dollar per annum of the assessed valuation of all taxable property in said County, as provided in said Act and said resolution adopted October 5, 1959 for a period of fifteen consecutive fiscal years beginning with the fiscal year 1960-61. All of the proceeds of such special taxes shall as collected be deposited in said Sinking Fund and used only in the manner provided in this resolution.
The Board of County Commissioners for and on behalf of Lake County, Florida, does hereby pledge the receipts from said special taxes and the special taxes heretofore levied in the fiscal years 1959-60 and 1960-61 for the payment of the principal of said Certificates and the interest thereon and reserves therefor; the said moneys herein pledged shall be used solely for the payment of said principal and interest and for the payments into the Reserve Account and the Construction Fund hereinafter created and for no other purpose.
The County shall in each fiscal year, beginning with the fiscal year 1960-61, use the moneys in said Sinking Fund from said special taxes to pay the principal of and interest on said Certificates maturing and becoming due in such fiscal year, together with any delinquencies for required principal and interest for any prior fiscal year.
The County shall deposit into a Reserve Account in said Sinking Fund, which Reserve Account is hereby created after all required sums for such fiscal year for the payment of maturing principal and interest on said Certificate under the above paragraph have been made or set aside for such purpose from the moneys remaining in the sinking Fund, in addition to the moneys deposited in said Reserve Account pursuant to the provisions of Section 3.002 here, the sum of Sixty Thousand Dollars in each of the fiscal years ending September 30, 1962 and September 30, 1963, provided, however, that the County shall not be required to make any further deposits into said Reserve Account whenever there has been deposited therein and as long as there shall be on deposit therein, the aggregate sum of $180,000. Thereafter, the County shall deposit in said Reserve Account in each succeeding fiscal year any amounts necessary to restore any withdrawals from said Reserve Account and to maintain in said Reserve Account at all times an aggregate amount of $180,000.
Said levies shall be in the amount of not exceeding five mills on the dollar in each fiscal year for fifteen fiscal years beginning with the fiscal year 1960-61, subject, however, to the following provisions:
(1) In the fiscal year 1961-62, the County shall be obligated to levy such millage not exceeding five mills, as will produce an amount equal to the full amount required to be deposited by this resolution in the Sinking Fund for principal and interest and in the Reserve Account for reserve funds in such fiscal year, together with any deficiencies for prior fiscal years.
(2) In each fiscal year after the fiscal year 1961-62, the County shall be obligated to levy only such millage not exceeding in any event five mills as will be based upon the percentage of the levy of such taxes actually collected in cash and deposited in the Sinking Fund and the Reserve Account therein in the immediately preceding fiscal year, produce an amount equal to the full amount required by this resolution to be deposited in the Sinking Fund for principal and interest and in the Reserve Account for reserve funds in such fiscal year, including any deficiencies for prior years.
(3) In the event that in any year the aggregate amount of such taxes actually collected and deposited in said Sinking Fund and the Reserve Account therein shall be less than the amount of principal of and interest on said Certificates maturing in such year, plus any amounts required to be paid in such fiscal year into the Reserve Account in the Sinking Fund, then the deficit shall be added to the amount of taxes required to be levied pursuant to the above paragraph in the next succeeding fiscal year; and the County shall be irrevocably and unconditionally obligated to levy such full five mills tax for a period of fifteen consecutive fiscal years, beginning with fiscal year 1961-62, to the full extent necessary to comply with all the provisions of this resolution and to make all the required payments into said Sinking Fund and Reserve Account therein as the same become due and payable.
After the aggregate amount of $180,000 has been deposited and shall remain on deposit in the Reserve Account, any moneys remaining in the Sinking Fund or in the Reserve Account in excess of said sum of $180,000 at the end of any fiscal year after the payment of all principal of and interest on such Certificates in such fiscal year, and all deposits in the Reserve Account in such fiscal year required to maintain said sum of $180,000 therein, together with any deficiencies for prior fiscal years have been fully made, may be used by the County for required payments into the Sinking Fund or Reserve Account therein in the succeeding fiscal year, and the amount of special taxes to be levied in such succeeding fiscal year shall be reduced by the amount of such excess moneys from the preceding fiscal year actually deposited in the Sinking Fund or Reserve Account in such succeeding fiscal year.
All such taxes shall be special taxes and shall be levied as separate taxes and used only for the purposes provided in this resolution, and the holders of said Certificates issued hereunder shall have a first lien on all such taxes. All such taxes, as collected from time to time in each fiscal year, shall be deposited in said sinking Fund and Reserve Account therein, which shall be deposited and maintained in a bank or trust company eligible to receive and hold deposits of County funds. The moneys in said Sinking Fund shall be used for the payment of the principal of and interest on said Certificates as the same mature and become due. The moneys in said Reserve Account shall only be used for the payment of the principal of and interest on said Certificates when the other moneys in the Sinking Fund are insufficient therefor and for no other purposes. Any withdrawals from said Reserve Account shall be subsequently restored from the proceeds of the tax levies for the next succeeding fiscal year.
No further payments shall be required to be made into said Sinking Fund or the Reserve Account therein, when there shall have been deposited therein and irrevocably dedicated in trust for the payment of the principal of and interest on said Certificates as the same mature and become due, an aggregate amount at least equal to the aggregate amount of principal and interest accrued or to accrue thereafter, which will mature and become due on said Certificates then outstanding.
3.04. INVESTMENT OF FUNDS. The moneys in the Sinking Fund, except the Reserve Account therein, may be invested in direct obligations of the United States of America, or in time deposits in a bank or trust company represented by certificates of deposits, maturing not later than the dates upon which such moneys will be needed for the payment of maturing principal of and interest on said Certificates.
Moneys in the Reserve Account in the Sinking Fund may be invested in direct obligations of the United States of America or in time deposits in a bank or trust company represented by certificates of deposits.
Any moneys in the Construction Fund created under Section 3.05 hereof not immediately needed for the purposes of said Construction Fund may be invested in direct obligations of the United States of America or in time deposits in a bank or trust company represented by certificates of deposits, maturing not later than the date on which it is anticipated such moneys will be needed for the purposes of said Construction Fund.
Any investments of any moneys in the Construction Fund, the Sinking Fund, or the Reserve Account in time deposits represented by certificates of deposits shall be further secured by the bank or trust company in which such time deposits are made by a pledge of direct obligations of the United States of America having a market value equal to the amount of such time deposits.
Any of such investments shall be liquidated whenever necessary for the payment of maturing principal of and interest on said Certificates.
3.05. CONSTRUCTION FUND. All of the proceeds derived from the sale of said Certificates (except accrued interest which shall be deposited in the Sinking Fund) shall be deposited in a trust fund which is hereby created and established and designated as the “Construction Fund.”
Said Construction Fund shall be deposited and maintained with a bank or banks or trust company or trust companies in Lake County eligible to receive and hold deposits of County funds and shall be used only for the payment of the cost of the construction of said County Jail and the acquisition of the necessary land therefor and the construction of alterations, improvements and repairs to said County Courthouse, as such cost is defined herein under the supervision of the County Engineer or Architect or such consulting engineer or architect as shall hereafter be designated by the Board.
Any balance of unexpended moneys or investments in said Construction Fund after the completion of said construction shall be deposited in the Reserve Account in the Sinking Fund and used for the purposes provided herein for said Reserve Account.
3.06. SALE OF CERTIFICATES. Said Certificates shall be sold pursuant to law as shall hereafter be provided by this Board, provided however that prior to the sale of said Certificates, the Board of County Commissioners shall make a determination based upon the award of contracts or upon the receipt of construction bids or upon the estimates of cost made by the architect retained by the County of the amount of Certificates necessary to be issued to complete the construction of said County Jail, and the acquisition of the necessary land therefor and the construction of said alterations, improvements and repairs to said County Courthouse and pay all the cost thereof, as such cost is defined herein, including reasonable allowances for contingencies and only such amount of the Certificates authorized herein shall be issued as the Board of County Commissioners shall so determine to be necessary for such purposes.
3.07. COMPLETION OF IMPROVEMENTS. The County covenants that it will construct said County Jail and acquire the necessary land therefor and construct said alterations, improvements and repairs to said County Courthouse in said County in the manner provided in this resolution in an efficient manner and will complete the same as soon as practical and will fully and punctually comply with all the covenants and provisions of this resolution.
3.08 REMEDIES. Any holder of Certificates or of any coupons appertaining thereto issued under the provisions of this resolution may either at law or in equity by suit, action, mandamus or other proceeding in any court of competent jurisdiction protect and enforce any and all rights under the laws of the State of Florida or granted and contained in this resolution and may enforce and compel the performance of all duties required by this resolution or by any applicable statutes to be performed by the County or by any officer thereof, including but not limited to the levying and collection of said special taxes in the manner provided in the Act and in this resolution.
3.09. LIEN OF ADDITIONAL CERTIFICATES OF INDEBTEDNESS. The holders of the Certificates issued pursuant to this resolution shall have a first lien on said special taxes not exceeding five mills levied herein, including said special taxes levied in the fiscal years 1959-60 and 1960-61 and any other obligations hereafter issued by the County of Lake and payable in any manner from said special taxes herein pledged to the payment of the Certificates issued pursuant to this resolution shall be junior, subordinate and inferior as to lien on and source and security for payment from said special taxes to the lien thereon of the Certificates issued pursuant to this resolution.
ARTICLE IV – MISCELLANEOUS PROVISIONS
4.01. MODIFICATION OF AMENDMENT. No material modification or amendment of this resolution or of any resolution amendatory hereof or supplemental hereto may be made without the consent in writing of the holders of two-thirds or more in principal amount of the Certificates then outstanding, provided however that no modification or amendment shall permit a change in the maturity of such Certificates or a reduction in the rate of interest thereon or in the amount of principal obligation or affecting the unconditional promise of the County to levy and collect said special taxes as herein provided or to pay the principal of and interest on the Certificates as the same shall become due without the consent of the holders of such Certificates.
4.02. SEVERABILITY OF INVALID PROVISION. If any one or more of the covenants, agreements, or provisions of this resolution should be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited or against public policy or shall for any reason whatsoever be held invalid, then such covenants, agreements, or provisions shall be null and void and shall be deemed separate from the remaining covenants, agreements, or provisions and shall in no way affect the validity of any of the other provisions of this resolution or of the Certificates or coupons issued thereunder.
4.03. VALIDATION AUTHORIZED. That C. E. Duncan, Esq., County Attorney, be and he is hereby authorized and directed to institute appropriate proceedings in the Circuit Court of the Fifth Judicial Circuit of Florida, in and for Lake County, Florida, for the validation of said Certificates, and the proper officers of the County are hereby authorized to verify on behalf of the County any pleadings in such proceedings.
4.04. REPEALING CLAUSE. That all resolutions of the Board of County Commissioners of the County of Lake, Florida, or parts thereof, in conflict with the provisions of this resolution are to the extent of such conflict hereby superseded and repealed.
4.05. EFFECTIVE DATE. That this resolution shall take effect immediately.
MEETING ADJOURNED to 9:00 a.m. November 14, 1960
/s/ Frank E. Owens___ /s/ Fred Cross __
CLERK CHAIRMAN