HomeMy WebLinkAbout102554-Regular Session MINUTES
City Commission, Sonford, Florida, October 2~. at 8 P. M. 19~/4·
The City CommissSon of the City of Sanford, Florida, met in regular session at the City
Hall ~n the City of Sanford, Florida, at 8:00 o'clock P. M. October 25, 1954.
Present: Commissioner Earl Higglnbotham, Mayor
" J.D. Cordell
" John L. Kadet
" John S. Krlder, Sr.,
" W.H.,, Stemper
City Attorney A. ~dwln Shinholser
City Clerk H. N. Sayer
City Manager W. E. Knowles
Chief of Police R. G. Williams
Meeting called to order by the Chairman.
The meeting was then ooened with "Prayer" by Rev. C. W. Plank.
The following sealed bids next submitted for purchase of City owned prooerty described
as all of Block 4, Bel Air Subdivision of which notice of such sale was published in the Sanford
Herald under dates of October 13, 14 and 15, 1954.
A. B. Maddox & T. W. Ferguson $2,400.00
William C. Hutchieon, Jr., Attorney for
Ozier-Weller Homes, Inc., (with stipulation
that no title-one National Homes shall be
constructed thereon). 4,500.00
Robert A. Williams, Realtor, (with stipulation
that City furnish abstract showin~ orooerty to be
marketable and insurable, and to cay sales commission), h,661.00
After discussion Commissioner Kadet moved the acceptance of the highest bid, that of
Robert A. Williams, Realtor, in sum of $4,661.00 Seconded by Commissioner Cordell.
Attorney Hutchison then called to the attention of the Commission that the offer of
$4,661.00 was not the highest net bid, after deducting cost of abstract and sales commission.
After further consideration and discussion, in which Commissioner Kader'e request
for withdrawal of his motion was denied, the roll was called on said motion, which carried
over the dissenting vote of Commissioner Kadet.
Mr. Williams then advised that he would waive the sa]es commission in order for the
City to derive the highest net proceeds from such sale.
Several citizens next aooeared in protest to the commercial rate for sewer ch~rge of
68% of cost for water consumed, which was effective October 1. Mrs. Harold Apoleby, operator
of restaurant at 106 S. Park Avenue, voiced her protest against the excessive amount of her
first month's sewer chsrge of $24.67. She advised that her water bill amounted to $36.28,
u~l!ity tax $2.00, and sewer charge $24.67, making a total of $62.95 for her small business,
which she could not afford to pay. She also advised of having an air conditioning unit in
her restaurant which accounted for a considerable amount of the water consumed. Mrs. Apoleby
further stated that she did not want privileges extended to her that other commercial users
would not receive, but such excessive charges would force her out of business, and she was
quite sure that a number of other small businesses could not afford to pay such high bills
either.
City Attorney Shinhols~ then explained that the rates for sewer use were the results
of figures compiled by the City's fiscal agents and consultln~ engineers in order to derive
sufficient revenue to finance the water sndsewer imorovements project, and that they had
no~nted out in their recommendations that there would be oarticular commercial usages which
would be subject to adjustment; and that provisions were made in the sewer rate o rdinsnc~ for
such adjustments. He further explained that rules and regulations for such adjustments would
be provided by the water superintendent, subject to approval of the City Commission.
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October 25 at 8 P.M. .~ 5~
City Commission, Sanford, Florida, . ............................................................... my ........
309
times as much. He stated that there should also be a maximum rate for commercial usage, other-
wise the present rate would hinder the industrial program for securing new industries for
Sanford.
After considerable discussion
sulting engineers
for certain types
the Commission advised that the fiscsl agents and con-
would be called in immediately to work out a schedule of adjustment of fetes
of commercial usages.
The City Manager recommended that a sewer charge adjustment Board be formed, consist-
ing of one Commissioner, the Water Superintendent and s bus,ness, man or woman ro work with the
fiscal agents and engineers. Also, that a letter be composed explaining the sewer rste Or-
dinance and how to apply for adjustments, which would be enclosed with the wster bills.
Commissioner Stemper then moved that all bills for commercial users be held in obeyance
until a solution is worked out for an adequate adjustment of rstes for certsin types of com-
mercial usages. Seconded by Commissioner Kader and carried.
Apollcatlon next submitted from Winn & Lovett for oermit to sell beer at their store
at 200 E Third Street, for consumotion off the premises, and on motion of Commissioner Cordell,
seconded by Commissioner Stemoer and carried, same was approved upon recommendation of the
Chief of Police.
On recommendation of Chief of Police,'and on motion of Commissioner Kadet, seconded by
Commissioner Krider and carried, the Commission next approved apolication of Robson Sporting
Goods for oermit to sel~ pistols and r~volvers under provisions of Sec. 18-70 of the City Code.
On motion of Commissioner Kadet, seconded by Commissioner Cordell and carried, the Commission
next aporoved apolicstion of Davis Swap-Shop for ~rmit to sell pistols and revolvers at his
store st h19 E Fourth Street under provisions of Sec. 18-70 of the City Code.
Pursuant to instructions of the Commission at meeting of October 11, the City Attorney
next submitted the following opinion on interpretation of the sewer rate ordinance:
October 20, 1955.
The City Commission
% City Manager
Sanford, Florida.
Re: Required Sewer Connections.
Gentlemen:
You ask my opinion as to whether residence buildings in the City are required
by the City Ordinances to have seoarate sewer connections.
The first paragraph of Bec. 21-7 of the Code of the City of Sanford, Florida,
195~, provides as follows:
"Every residence and building in the City, in which human
beings reside, are employed or congregated, shall be required
to have a sanitary method of human excreta disposal, namely
a sanitary water closet connected with the City sewer, an
aoproved type of septic tank or a sanitary ~lvy."
Section 13 of Ordinance No. 546, imposing sewer chsrges and stating
requirements as to connection with sewers, provides as follows:
CONNECTION REQUIRED WHERE SEWER AVAILABLE; FAILURES TO CONNECT
DECLARED UNLAWFUL.
Every residence and build~n~ w~thin the City required under
Section 21-7 of the Code of the City of Sanford, Florids, 1955,
to have a sanitary water closet shall be connected with the City
sanitary sewer where such sewer is avsll~ble within the meaning
of Section 3 above. It shsl~ be unlswful for the owner of any
such residence or building to which said sanitary sewer is so
available to fall or refuse to connect such building with the
City sanitary sewer within sixty (60) days after the date the
charges specified in the above Ordinance becomes effective, or
where a sanitary sewer is not available at such time, within
sixty (60) days after the same shall become available."
310
MINUTES
City Commission, Sanford, Florida, October 25 at 8 P.M. ]Q54
to the question submitted, we have "Every residence and building --
shall be reculred." The words "residence and building" preclude any
general location or designation of premises, and the word "every"makes
the application specific aM without exception.
Again we find in the second section quoted above the words, "It shall
be unlawful for the owner of any such residence or building to
fall or refuse to connect such building." Again the requirement is
that the building be connected, and the words "and such'~ does not
permit exception.
It therefore is my opinion that under the~bve law separate sewer con-
nection is requlred for each residence in the City to which C~ty
sanitary sewer is available as defined under Ordinance No. 546.
Respectfully submitted,
s/ A Edwin Shlnholser, City Attorney.
After study and discussion, Commissioner Stemper moved that the foregoing opinion be
publlslzed by sending its substance in the proposed letter to water customers. Seconded by Com-
missioner Kadet and carried.
Sara Mae Bass next appeared ~th further reference to her application for zoning
variance to operate a grocery store at 1709 W llth Street which was denied by the Zoning Board
of Adjustment because of said location being in a residential district. She was advised by
the Commissioners that they had no legal authority ~ issue variances because such Judicial Dower
was vested only in the Zoning Board of AdJustment~
Will Hankerson, who has been operating one taxicab for a number of years, ne~ appeared
and submitted request for permit to operate an additional taxicab.
After discussion, and on recommendation of the Chief of Police, Commissioner Cordell
moved that the permit be granted. Seconded by Commissioner Stamper and carried.
Letter next submitted from Mrs. Elton Bennett at 1601 Palmetto Avenue with further
reference to her protest against J. E. McAlexander, Jr., operating a television and radio
reoair shop in back or his dwelling in residential district at 1600 Sanford Avenue under
variance granted several months ago by the Zoning Board of A~]ustment.
The City Manager then advised her protest h~d been submitted to the Zoning Board
of Adjustment and her request for revocation of the variance had been denied by said board
because they could find no violation of same to give them legal authority to take such action.
After discussion Commissioner Cordell moved ~hat the City renew Mr. Alexander's oc-
cupational license to operate the television and radio repair shop at the aforesaid location,
based on the action of the Zoning Board of Adjustment, and subject to a letter of stipulation
to be attached thereto by the City Nanager. Seconded by Commissioner Kadet and carried.
On recommendation of the City Manager and Chief of Police, and on motion of Com-
missioner Stamper, seconded by Commissioner Kadet and carried, the Commission ne~t authorized
the installation of street light at intersection of Naple Avenue a~ 25th Street and one at Holly
Avenue and 25th StreeZ.
On motion of Commissl~er Stemoer, seconded by Commissioner Cordell and carried, the
Commission next authorized the installation of street light at 25th Street and Laurel Avenue.
Commissioner Cord ell next introduced Ordinance No. 551, entitled:
AN ORDINANCE OF TILE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NUMBER
~62 OF SAID CITY, AS AMENDED, SAID ORDINA~.JCE BEING AN ORDINANCE ESTAB-
LISHING A ZONING PLAN WITHIN THE CITY OF SANFORD, SAID AMENDMENT T~NS-
FERRING CERTAIN TERRITORY IN DISTRICT R-1-A TO DISTRICTS R-1 A~ R-2 IN
SAID CITY, AND ALSO AMENDING SUB-SECTION A OF SECTION 8 TO PERMIT PRO_
FESSIONAI, OFFICES IN THE R-2 DISTRICT UNDER THE CONDITIONS HEREIN SPECIFIED.
and same was placed on its first reading and read in full.
The City Manager next reported that ~rs. Nancy Terwilleger had advised that she would
MINUTES
be requested
The
office of
3il
City Commission Sanford Florida, October 25 at 8 P. I~I. 10 5~
to apooint a woman as the flfth member. Seconded by Commissioner Kadet and carried.~
following bids ne~t submitted for inetallin~ a built-up gravel roof over the Clerk,i
the City Hall, with 15-year guarantee: '
F. M. English
Evans Roofing & Heating Company
After comparison of prices submitted,
missioner Stemper moved
Csrrled.
$614.00
694.00
and on recommendation of the City Manager,
the acceptance of the lowest bid.
Com-
Seconded by Commissioner Krider and
The City Attorney next submitted the proposed ordinance authorizing the issuance of
$2?5,000.00 additional water and sewer revenue certificates, which was prepared by the Bond
Attorneys and presented to him by Wilson Holt of Goodbody & Comoany, Fiscal Agents. He advised
that it was very similar to the ordinance authorizing the original issue of $1,175,000.00.
Also, that he had reviewed the ordinance with Mr. Holt and consulted by telephone with the
Bond Attorneys relative to its provisions, and felt that it was in order for adoption.
The matter of e×pedlti~ the passage and adoption of the proposed ordinance was next
brought up for consideration, in order to meet the final date for financing Part B of the sewer
improvements contracts which expire on December 31, 195~, and after considerable discussion it
was agreed to place it on first reading and adjourn the meeting until a later date for further
consideration of same.
Commissioner Stemper then introduced said Ordinance No. 552, entitled:
AN ORDINANCE SUPPLEMENTINGAN ORDINANCE ENTITLED "AN ORDINANgE AUTHORI-
ZING THE C~,~STRUCTION OR ACQUISITION OF ADDITIONS, EXTENSIONS AND IM-
PROVEMENTS TO THE COMBINED WATER AND SEWER SYSTEM OF THE CITY OF SAN-
FORD, FLORIDA, AND AUTHORIZING THE ISSUANCE OFfll, 175,000.O0 WATER
AND SEWER REVENUE CERTIFICATES FOR SUCH PURPOSES," AND PROVIDING FOR
T~ ISSUANCE OF $275,000 WATER AND SEWER REVENUE CERTIFICATES.
and same was placed on its first reading and read in full.
Commissioner Stamper next moved that the time to which this meeting shall adjourn
will be 12:00 Noon, November 3, 1955. Seconded by Commissioner Kadet and carried.
The matter of improving Myrtle Avenue between First and Second Streets was ne×t dis-
cussed and referred to the City Manager for recommendations.
On motion of Commissioner Krider, seconded by Commissioner Kadet and carried, minutes
of regular meeting of August 25, adjourned meeting of September 7, 8 and 9, regular meeting of
Seotember 13, special call.~d meeting of September 20, regular meeting of September 27, adjourned
meeting of October 4, and regular meeting of October ll, 1954, next approved.
There being no further business the meeting then ad.!ourned until 12:00 Noon,
November, 1954.
ATTEST:
gm
312
MINUTES
November 3, at 21 Noon .~5~,
City Commission, Sanford, F~orida, . ................................
The City Commission of the City of Sanford,
at the City Hall in the City of Sanford, Florida,
Florida, met in adjourned regular session
12:00 Noon, November 3, 1954.
Present:
Commissioner Earl Higginbotham, Mayor
,, J.D. Cordell
,, John B. Krider, Sr.,
, John L. Kadet
" W H. Stemmer
City Attorney k. Edwin Oh~nholser
City Clerk H. N. Bayer
City Manager W. E. Knowles
Commissioner-elect Jack Ratigan
Commissioner-elect F. D. Scott
Meeting called to order by the Chairman.
The Commission then ~roceeded to canvass the returns of the Municipal General Election
held November 2, 1954, for the purpose of electing two City Commissioners for terms of three
,years each; said returns as made by the Clerks and Inspectors of said election being as follows:
FOR CITY COMMISSIONER - GROUP NO, 1
For John L. Kadet 589 votes
For Jack Rstigan 979 votes
For Randall C~se I vote
For J. L. Sauls i vote
FOR CITY COMMISSIONER - GROUP NO.
For H. Ewing Dean, Jr.,
For Herbert Prevatt
115 votes
~83 votes
For F. D. Scott
935 votes
Mutilated Ballots Thrown Out
TOTAL BALLOTS CAST
Thereupon Commissioner Kadet moved that
of the General Election held November 2, 1954, be
1,578
the foregoing returns of the Clerks and Insoectors
accepted. Seconded by Commissioner CordelI
and carried.
Ordinance No. 552, entitled:
"AN ORDINANCE SUPPLEMENTING AN ORDINANCE ENTITLED "AN ORDINANCE
AUTHORIZING TB~ CONSTRUCTION OR ACQUISITION OF ADDITIONS, EXTEN-
SIONS AND IMPROVEMENTS TO THE COMBINED WATER AND SEWER SYSTEM OF
THE CITY OF SANFORD, FLORIDA, AND AUTHORIZING THE ISSUANCE OF
~1,175,000 WATER AND SEWER REVENUE CERTIFICATES FOR SUCH PURPOSE,"
AND PROVIDING FOR THE ISSUANCE OF $275,000 WATER AND SEWER REVENUE
CERTIFICATES."
introduced and placed on first reading at regular meeting of October 25, 1954, from which this
meeting adjourned, was next submitted for further con~deration.
The City Attorney then pointed out the urgency for adopting the ordinance at ~is
meeting in order to expedite the procedure for validating the revenue certificates so ~ey might
be sold before December 31, 1954, in order to complete construction of the bob-tsiled con-
tracts which e×oire on said date. He also advised that the adoption of the ordinance would
not obligate the City to sell the certificates; that a lessor amount could be sold if it was
found th~ the entire issue was not necessary; and that the ordinance (~ould be reoealed at any
time if it was decided not to sell any of the certificates. Also, that there would be only
a minimum expense to the City of filing cost on the validation suit.
Mayor Higglnbotham then pointed out the savings in construction cost to the City if
the present contractors are able to complete Part B of their contracts, provided they get the
work order before the expiration date of December ~l, stating thet the engineers had advised that
it would cost much more to complete the program if the City had to readvertise for new bids.