HomeMy WebLinkAbout051391-Regular Meeting558 -: MINU
Ci_ty Commission, Sanford. F1
The City Commission of the City of Sanford, Florida met in Regular Meeting on
Monday, May 13, 1991 at 7:00 P.M. in the City Commission Room, City Hall, Sanford, Florida.
Present: Mayor-Commissioner Bettye D. Smith
Commissioner Whitey Eckstein
Commissioner Robert B. Thomas
Commissioner A. A. McClanahan
Commissioner Lon Howell
City Attorney William L. Colbert
City Manager William A. Simmons
City Clerk Janet R. Donahoe
The Chairman called the meeting to order.
Mayor Smith proclaimed May 12 through May 17, 1991 as "National Preservation Week",
and read a proclamation regarding same.
James Brooks, 1013 South Myrtle Avenue, appeared and presented a petition which he
reported was signed by 600 Goldsboro residents. He stated that there is a severe problem
with open ditches, where mosquitos breed, there is inadequate drainage, there is a lack of
curbs and sidewalks, and that there have been drownings in Goldsboro as a result of said open
ditches. Further, because there are no sidewalks, children are forced to walk in the street.
City Manager reported that subsequent to the meeting in Goldsboro, Staff has begun
doing some work on 7th Street, that the Public Works Director has toured the area, and has
begun to create a list of needs, with primary concentration on drainage. Further, there is
no sanitary sewer system, and that in planning for stormwater drainage, the City does not
want to install storm drainage improvements in such a way that would conflict with future
ability to provide sanitary sewers where same is lacking. Also, the City will begin some
individual ditch work upon determining what type of hydraulic gradeline will be working in
the main Cloud Branch/Mill Creek streams, that correction of major problems will require a
higher level of funding, which the City will not be able to do until after stormwater utility
is in place and has a proven revenue stream. Further, he is personally committed to starting
the process for final completion of correction of deficiencies.
The Commission next reviewed the Condemnation Summary Status Report; no action was
required or taken.
A public hearing was held to consider the condemnation of structures or buildings
on Condemnation Report No's 91-02 through 91-11, and Report No's 91-13 and 91-14. The
Chairman announced that the Commission would hear from property owners or representatives
thereof.
A review of the reports was as follows:
REPORT NO.
~91-02
991-03
991-04
#91-05
991-06
991-07
ADDRESS
1208 West 7th Street
1405 West 7th Street
610 Hickory Avenue
1404 West 17th Street
1017 Olive Avenue
1320 Shepherd Avenue
091-08
~91-09
091-10
~91-11
091-13
~91-14
320 Upsala Road
106 Mulberry Avenue
1419 West 10th Street
1021 Avocado Avenue
1411 Southwest Road
1608 Persimmon Avenue
OWNER(s)
Paulene Samuel
DeLainey/Gentry
Daniel Calhoun
Preston/Hatcher
Haynes/White
Rejected Stone Full Missionary
Baptist Church
South Seminole LTD
Manuel & Maria Almeida
Mary Robinson
Nathaniel Thompson
Stevens/Robinson
Eddy/Edward
MINUTES
City Commission, Sanford, Florida ~48~/ 13,
559
M~rcelle Stevens, 1411 Southwest Road, Condemnation Report No. 91-13, appeared and
acknowledged the condition of the property as reflected on the Condemnation Report, and
requested a 60 day extension to repair and bring the property up to code.
City Manager recommended that the City Commission condemn all properties on the
Condemnation List in order to officially start the condemnation process, for ultimate
demolition if the property owners do not avail themselves of time to make corrections between
now and the final (15) fifteen day notice.
After consideration, Commissioner Thomas moved that finding the afore-mentioned
buildings or structures to be unsanitary, unsafe and dilapidated, that said buildings or
structures be condemned and the owners given 60 days in which to repair or demolish said
structures; and if the structures are not repaired or demolished within said 60 days, to
authorize the City to demolish same and levy a lien against the property. Seconded by
Commissioner Howell and carried by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
The next item of business was consideration of requests for time extensions on
Condemnations as follows:
(1) Condemnation Report 990-9, 613 East 3rd Street, Rivera/Fujii, owner.
(2) Condemnation Report ~90-13, 606 South Park Avenue, United Companies Financial
Corp/Helen Stairs, owners.
(3) Condemnation Report 989-5, 713 East 10th Street, Maurice Fields, owner.
On motion of Commissioner Eckstein, seconded byCommissioner Howell and carried by
the vote of the Commission, as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
the Commission authorized:
(1) Condemnation Report ~90-9, 30 day extension.
(2) Condemnation Report $90-13, 60 day extension.
(3) Condemnation Report 985-5, 90 day extension.
The next item of business was consideration.of a request from Building Official to
commence demolition procedures on Condemned Structures as follows:
(1) Condemnation Report. #91-1, 1226 - 1228 West 13th Street, Morris Roundtree,
owner.
(2) Condemnation Report 990-8, 412 & 414 Cypress Avenue, Johnson/Allen, owners.
(3) Condemnation Report 989-27, 1118 West 14th Street, Beaseley, owner.
On recommendation Of City Manager, Commissioner Howell moved to authorize Public
Works to proceed with demolition of condemned structures (1) through (3), as requested.
Seconded by Commissioner and carried by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
199]
560
MINU S .....-.:
City Commission, Sanford, Florida
May 13,
19 91
A public hearing was held in accordance with Notice published in the Sanford Herald
on April 29, 1991, as follows:
NOTICE OF PROCEEDING FOR CLOSING VACATING AND
ABANDONING AN ALLEY
TO WHOM IT MAY CONCERN:
You will take notice that the City Commission of the City of Sanford,
Florida, at 7:00 o'clock P.M. on May 13, 1991, in the City Commission
Room at the City Hall in the City of Sanford, Florida, will consider and
determine whether or not the City will close, vacate and abandon any
right of the City and the public in and to an East-West alley lying
between W. 1st Street and W. 2nd Street and between Mangoustine Avenue
and Avocado Avenue, further described as follows:
That 20 foot alley lying North of Lots 30 through 35 and East
of Mangoustine Avenue, also the North 1/2 of said 20' alley
lying South of Lots 14 through 17, Graceline Court, according
to the plat thereof as recorded in Plat Book 3, Page 99, of
the Public Records of Seminole County, Florida.
Ail parties in interest and citizens shall have an opportunity to be
heard at said hearing.
By order of the City Commission of the City of Sanford, Florida.
ADVICE TO THE PUBLIC: If a person decides to appeal a
decision made with respect to any matter considered at the
above meeting or hearing, he may need a verbatim record of the
proceedings, including the testimony and evidence, which
record is not provided by the City of Sanford. [FS 286.0105)
Publish:
April 29, 1991
Janet R. Donahoe
City Clerk
The City Clerk reported that notices were sent to owners on April 25, 1991.
The Chairman announced that the Commission would hear from those persons present
to speak in favor of, or in Opposition to, the prOposed alley closing. No one appeared.
City Manager and Plans Review Committee recommended that only the western portion
of the alley, lying north of Lots 30, 33, 34 and 35, be vacated, retaining a 20' easement;
and that if the owner of Lot 36 requests the 10' immediately north of Lot 36 to be vacated,
to also vacate same, and the northern 10' abutting Lots 14 thru 17, and retaining a 20'
easement. Further, contingent upon owner of Lot 36 providing the City a 15' wide maintenance
easement from the top bank of Mills Creek.
Commissioner Thomas moved to authorize City Attorney to prepare the property
ordinance to close, vacate and abandon the portion of the alley as advertised, retaining same
as a utility easement, subject to the above stipulations. Seconded by Commissioner Howell
and carried by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
A public hearing was held in accordance with Notice published in the Sanford Herald
on May 2, 1991, as follows:
NOTICE OF A PUBLIC HEARING TO
CONSIDER AN APPEAL OF THE DENIAL OF
A CONDITIONAL USE IN A NON-CONFORMING DISTRICT
Notice is hereby given that a Public Hearing will be held at the
Commission Room in the City Hall in the City of Sanford, Florida, at
7:00 o'clock P.M. on May 13, 1991, to consider an Appeal of the Denial,
by the Planning and Zoning Commission on April 4, 1991, of a Conditional
Use in a non-conforming district for multiple-family use of property
located in an SR-1, Single Family Residential Zoning District. Said
property being more particularly described as follows:
MINUTES
City Commission, Sanford, Florida
May 13,
Lot 2 and N 1/2 of Lot 3, Block 8, Tier 4, Town of Sanford, as
recorded in Plat Book 1, Page 59 of the Public Records of
Seminole County, Florida.
The City Commission may, after Public Hearing, affirm, deny, or modify
the decision, finding and recommendation of the Planning and Zoning
Commission, and the action of the City Commission shall be final.
Ail parties in interest and citizens shall have an opportunity to be
heard at said hearing.
By order of the City Commission of the City of Sanford, Florida.
ADVICE TO THE PUBLIC: IF A PERSON DECIDES TO APPEAL A DECISION MADE
WITH RESPECT TO ANY MATTER CONSIDE~ AT THE ABOVE MEETING OR HEARING,
HE MAY NEED A VERBATIM RECURD OF THE PROCEEDINGS, INCLUDING THE
TESTIMONY AND EVIDENCE, WHICH RECORD IS NOT PROVIDED BY THE CITY OF
SANFORD. (FS 286.0105)
Janet R. Donahoe
City Clerk
Publish: May 2, 1991
The Chairman announced that the Commission would hear from those persons present
to speak in favor of, or in opposition to, said conditional use permit.
Helen Stairs, broker of record for Stairs Property Management, 101 West First
Street, 1301 Seminole Boulevard (residence), appeared and reported that she represents the
owner, United Mortgage Company, and the prospective buyer. She stated that the previous owner
allowed the property to be foreclosed on. Further, on or about 1927 the property was built
as six-unit apartment complex, and it is apparent that the building is not economically and
structurally feasible to convert from an apartment complex to a single-family dwelling, that
said property is in jeopardy of demolition, and, therefore, requested permission to operate
the building as a six-unit apartment. She addressed concerns of the Planning and Zoning
Commission as follows: 1) On-street parking; there is ample space for six cars in the rear
of the building along with a dumpster, and perhaps three additional spaces along the side,
2) The $50,000.00 referred to in the Purchase Agreement was to show the bank and/or seller
that the buyer would immediately put $50,000.00 into the project, in addition to the deposit,
and they will hold the paper for one year, and 3) Quality of tenants; the targeted market
will be aeronautical students, and individuals 55 years and older. Further, if market
allows, rental rates will range from $350.00 to $375.00, and a $500.00 security deposit and
first and last month's rent will be required.
City Planner Jay Marder appeared and reported that Staff believes this to be a very
good situation in terms of preserving the historical integrity of the area because this
building was clearly designed for a six-unit rental building, and, therefore, said use would
be appropriate.
City Manager reported that the property was posted late today, that the public
hearing was previously advertised in the paper, and recommended that the public hearing be
continued.
City Attorney reported that because the posting did not occur until today, it would
be appropriate to continue the public hearing until the next meeting. Further, it would
appear that the Commission has the ultimate authority to grant the relief requested in the
non-conforming use status, and that it would also be possible, with concurrence of the
property owner, to record a document in the public records which would put a potential
purchaser on notice as to the conditions and restrictions that would apply to said property.
1991
562
City Commission, Sanford. Flo)~":':
19 91
City Manager reported that Staff will work with Ms. Stairs to develop an agreement
between now and the next Regular City Commission Meeting.
The Chairman announced that the public hearing will be continued until May 20,
1991, Regular Meeting.
A public hearing was held in accordance with Notice published in the Sanford Herald
on May 2, 1991, as follows:
NOTICE OF A PUBLIC HEARING TO CONSIDER THE
ADOPTION OF AN ORDINANCE BY THE CITY OF
SANFORD, FLORIDA
Notice is hereby given that a Public Hearing will be held in the
Commission Room at the City Hall in the City of Sanford, Florida, at
7:00 o'clock P.M. on May 13, 1991, to consider the adoption of an
ordinance by the City of Sanford, Florida, title of which is as follows:
ORDINANCE NO. 3061
AN ORDINANCE OF THE CITY OF' SANFORD, ADOPTING
PERSONNEL RULES AND REGULATIONS; PROVIDING FOR
SEVERABILITY, CONFLICTS AND EFFECTIVE DATE.
A copy shall be available at the office of the City Clerk for all
persons desiring to examine the same.
All parties in interest and citizens shall have an opportunity to be
heard at said hearing.
By order of the City Commission of the City of Sanford, Florida.
ADVICE TO THE PUBLIC: If a person decides to appeal a
decision made with respect to any matter considered at the
above meeting or hearing, he may need a verbatim record of the
proceedings, including the testimony and evidence, which
record is not provided by the City of Sanford. (FS 286.0105)
Janet R. Donahoe
City Clerk
Publish: May 2, 1991
Ordinance No. 3061, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, ADOPTING PERSONNEL
RULES AND REGULATIONS; PROVIDING FOR SEVERABILITY,
CONFLICTS AND EFFECTIVE DATE.
introduced and placed on first reading at meeting of April 22, 1991, was next placed on
second reading. After being read by title, the Chairman announced that the Commission would
hear from those persons present to speak in favor of, or in opposition to, proposed Ordinance
No. 3061. No one appeared.
Commissioner McClanahan moved on the second reading and adoption of said Ordinance
Seconded by Commissioner Thomas and carried by the vote of the Commission as
No. 3061.
follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
Thereupon, the Chairman announced that the City Commission of the City of Sanford,
Florida, had passed and adopted Ordinance No. 3061, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, ADOPTING PERSONNEL
RULES AND REGULATIONS; PROVIDING FOR SEVERABILITY,
CONFLICTS AND EFFECTIVE DATE.
MINUTE S 5 6 5
City Commission, Sanford, Florida
May !3,
The next item of business was consideration of a request from Brent Adamson,
President, Sanford-Seminole Jaycees, Inc. to lease the Jaycee Park Building, as discussed at
tonight's Work Session.
Commissioner Thomas moved to authorize City Attorney to prepare a new lease with
Sanford-Seminole Jaycees, Inc. for the Jaycee Park Building, and to include a provision to
specifically dismiss any consideration that there be any future repayment of funds should the
lease be terminated. Seconded by Commissioner McClanahan and carried by the vote of the
Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
The next item of business was consideration of a request from the Elks Lodge, to
waive Civic Center rental rates, for an event on September 7, 1991, where alcoholic beverages
will be served. On recommendation of City Manager, Commissioner Howell moved to deny said
request; Elks Lodge to pay alcoholic beverage rate, which would amount to $550.00 plus 6%
sales tax, and to hire one off-duty police officer. Seconded by Commissioner McClanahan and
carried by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
The next item of business was consideration of a request from Sanford Christian
Worship Center, for a two-year waiver of paved parking and retention pond requirements at
1509 West 13th Street, which the City Commission approved on February 27, 1989, conditioned
upon reevaluation of said parking lot utilization if there was a significant increase church
membership, and submittal of a design acceptable to Engineering and Planning Department prior
to the installation of mulch. On recommendation of City Manager, Commissioner McClanahan
moved to approve said two-year waiver, conditioned upon re-evaluation of said parking lot
utilization if there is a significant increase in church membership. Seconded by
Commissioner Eckstein and carried by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
The next item of business was consideration of a request from Florida Power & Light
for a 5 foot by 25 foot utility easement on a portion of Site ~10, to facilitate additional
poles and guideline anchor supports for area up-grading. On recommendation of City Manager,
Commissioner McClanahan moved to authorize the execution of said Utility Easement as
Seconded by Commissioner Thomas and carried by the vote of the Commission as
requested.
follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
1991
The next item of business was consideration of a request from Scenic Improvement
Board for funding in amount of $3,700.00, for Civic Center Beautification/Landscaping
project, as discussed at tonight's Work Session. Commissioner Thomas moved to approve said
funding in amount of $3,700.00, for Civic Center Beautification/Landscaping project, to be
funded from existing Public Works Department budget. Seconded by Commissioner Howell and
carried by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
The Commission next considered a request from Edward Meixsell, to extend the
"HARCAR" Lease for a period of 20 years or four consecutive options of five (5) years each,
for Water Well #8 Site. On recommendation of City Manager, Commissioner Howell moved to deny
Seconded by Commissioner Thomas and carried by the vote of the Commission as
said request.
follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
The next item of business was consideration of a request from Richard Casselberry,
for a Conditional Use Permit for the property located at 400 South Palmetto Avenue, as
discussed at tonight's Work Session.
Commissioner Howell reported that said property was originally built as a single
family dwelling, and moved to deny said request for Conditional Use Permit for property
located at 400 South Palmetto Avenue. Seconded by Commissioner Thomas.
After discussion, Commissioner Eckstein moved to table consideration of said
request for a Conditional Use Permit. Seconded by Commissioner McClanahan. Said motion
failed by the vote of the Commission as follows:
Mayor Smith Nay
Commissioner Eckstein Aye
Commissioner Thomas Nay
Commissioner McClanahan Aye
Commissioner Howell Nay
Mayor Smith called for the vote on the original motion to deny said request for
Conditional Use Permit for property located at 400 South Palmetto Avenue. Said motion passed
by the vote of the Commission as follows:
Service).
Avenue.
follows:
Mayor Smith Aye
Commissioner Eckstein Nay
Commissioner Thomas Aye
Commissioner McClanahan Nay
Commissioner Howell Aye
The next item of business was consideration of a request from Arthur and Teresa
McClenaghen d/b/a Quick Dogs, for an open Air Restaurant at 420 French Avenue (Sanford Tire
Commissioner Eckstein moved to approve said Open Air Restaurant at 420 French
Seconded by Commissioner McClanahan and carried by the vote of the Commission as
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
MINUTES
City Commission, Sanford, Florida
565
~991
The next item of business was consideration of a request to install a street light
on Palmetto Avenue between 4th Street and 5th Street. On recommendation of City Manager,
Commissioner McClanahan moved to approve the installation of said street light as requested.
Seconded by Commissioner Thomas and carried by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
The Commission next considered a request from Seminole County for an exclusive
perpetual easement from Rinehart Road (C.R. 46 A to SR 46) over a corner of the City's
wellfield property, for right-of-way for public road and public utility purposes. On
recommendation of City Manager, Commissioner McClanahan moved to authorize the execution of
the Standard Option to Obtain Easement Form as requested, and directed Staff to coordinate
a special location for the easement to avoid eXisting utilities. Seconded by Commissioner
Eckstein and carried by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
The next item of business was consideration of an offer from June Porzig and Lisa
Porzig Finnerty, to sell property located at 507 South Oak Avenue to the City of Sanford,
The Commission took no action.
On motion of Commissioner Thomas, seconded by Commissioner Howell and carried by
the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
Ordinance No. 3060, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO ANNEX
WITHIN THE CORPORATE AREA OF THE CITY OF SANFORD, ~PON
ADOPTION OF SAID ORDINANCE, A PORTION OF THAT CERTAIN
PROPERTY LYING BETWEEN BRIARCLIFFE STREET AND OSCEOLA
DRIVE AND MARSHALL AVENUE AND EL CAPITAN DRIVE EXTENDED
NORTHERLY; SAID PROPERTY BEING SITUATED IN SEMINOLE
COUNTY, FLORIDA, IN ACCORDANCE WITH THE VOLUNTARY
ANNEXATION PROVISIONS OF SECTION 171.044, FLORIDA
~STATUTES; PROVIDING FOR SEVERABILITY, CONFLICTS AND
EFFECTIVE DATE.
was introduced and placed on first reading.
The next item of business was consideration of a request from the Utility Director,
to build additional office space and parking facility behind the Main Fire Station on 14th
Street; estimated cost totalling $91,500.00. On recommendation of City Manager, Commissioner
Thomas moved to approve said request.
vote of the Commission as follows:
Seconded by Commissioner Eckstein and carried by the
Mayor Smith
Commissioner Eckstein
Commissioner Thomas
Commissioner McClanahan
Commissioner Howell
Aye
Aye
Aye
Aye
The next item of business was consideration of a request from the Parks Director,
to increase the price of ~bemetery spaces, and establish cremation spaces and fees, as
described in memo dated April 15, 1991, from Parks Director. Commissioner Eckstein moved to
approve said request. Seconded by Commissioner Thomas and carried by the vote of the
Commission as follows:
,.566
MINU ,S ,
City Commission, Sanford, Florida
Mau 13,
1991
The next item of business was consideration of a request to install a street light
on Palmetto Avenue between 4th Street and 5th Street. On recommendation of City Manager,
Commissioner McClanahan moved to approve the installation of said street light as requested.
Seconded by Commissioner Thomas and carried by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
The Commission next considered a request from Seminole County' for an exclusive
perpetual easement from Rinehart Road (C.R. 46 A to SR 46) over a corner of the City's
wellfield property, for right-of-way for public road and public utility purposes. On
recommendation of City Manager, Commissioner McClanahan moved to authorize the execution of
the Standard Option to Obtain Easement Form as requested, and directed Staff to coordinate
a special location for the easement to avoid existing utilities. Seconded by Commissioner
Eckstein and carried by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
The next item of business was consideration of an offer from June Porzig and Lisa
Porzig Finnerty, to sell property located at 507 South Oak Avenue to the City of Sanford.
The Commission took no action.
On motion of Commissioner Thomas, seconded by Commissioner Howell and carried by
the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
Ordinance No. 3060, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO ANNEX
-WITHIN THE CORPORATE AREA OF THE CITY OF SANFORD, UPON
ADOPTION OF SAID ORDINANCE, A PORTION OF THAT CERTAIN
PROPERTY LYING BETWEEN BRIARCLIFFE STREET AND OSCEOLA
DRIVE AND MARSHALL AVENUE AND EL CAPITAN DRIVE EXTENDED
NORTHERLY; SAID PROPERTY BEING SITUATED IN SEMINOLE
COUNTY, FLORIDA, IN ACCORDANCE WITH THE VOLUNTARY
ANNEXATION PROVISIONS OF SECTION 171.044, FLORIDA
STATUTES; PROVIDING FOR SEVERABILITY, CONFLICTS AND
EFFECTIVE DATE.
was introduced and placed on first reading.
The next item of business was consideration of a request from the Utility Director,
to build additional office space and parking facility behind the Main Fire Station on 14th
Street; estimated cost totalling $91,500.00. On recommendation of City Manager, Commissioner
Thomas moved to approve said request. Seconded by Commissioner Eckstein and carried by the
vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
The next item of business was consideration of a request from the Parks Director,
to increase the price of cemetery spaces, and establish cremation spaces and fees, as
described in memo dated April 15, 1991, from Parks Director. Commissioner Eckstein moved to
approve said request. Seconded by Commissioner Thomas and carried by the vote of the
Commission as follows:
MINUTES
City Commission, Sanford, Florida
May
567
19 9]
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
The next item of business was consideration of a request from Building Official to
board up properties as follows: A. 610 Hickory Avenue, and B. 111 Cedar Avenue. On
recommendation of City Manager, Commissioner
Department to board up properties as requested.
by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
Howell moved to authorize Public Works
Seconded by Commissioner Thomas and carried
America, for construction of reclaimed water distribution system, and Amendment No. 31 to
Construction Services Contract with Conklin, Porter and Holmes, for construction services on
the reclaimed water distribution system project. On recommendation of City Manager,
Commissioner Howell moved to approve said contract in amount of $463,575.66 with Utility
Systems of America, for construction of reclaimed water distribution system, and said
Amendment No. 31 in amount not to exceed $17,761.00 plus reimbursable expenses, for
construction services. Seconded by Commissioner Thomas and carried by the vote of the
Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
The Commission next considered a request from Police Chief, to purchase an
electronic dog training collar. Commissioner McClanahan moved to approve said request to
purchase said collar in amount of $1,800.00, from Lakeland Kennels Training Center. Seconded
by Commissioner Eckstein and carried by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
The next item of business was consideration of a Contract with Ladd & Lady Trucking
in amount of $12,660.00, for demolition and removal of debris regarding condemned structure
located at 2018 Mellonville Avenue, Sara Jacobson, owner. Commissioner McClanahan moved to
take no action. Seconded by Commissioner Howell. Commissioner McClanahan withdrew his
motion. The Commission concurred that the owner is making progress to repair, and took no
action.
On motion of Commissioner Thomas, seconded by Commissioner Howell and carried by
the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
The next item of business was consideration of Contract with Utility Systems of
City Commission, Sanford, Florida
May 13,
19 91
Resolution No. 1597 was adopted. Said resolution being in words and figures as
follows:
RESOLUTION NO. 1.577
A RESOLUTION PROVIDING FOR THE ACQUISITION AND
CONSTRUCTION OF EXTENSIONS, IMPROVEMENTS AND
ADDITIONS TO THE WATER AND SEWER SYSTEM OF THE
CITY OF SANFORD, FLORIDA; PROVIDING FOR THE
ISSUANCE OF NOT EXCEEDING $12,000,000 WATER
AND SEWER REVENUE BONDS, SERIES 1991, OF THE
CITY TO PAY THE COST OF SUCH PROJECTS; PRO-
VIDING FOR THE RIGHTS OF THE HOLDERS OF SUCH
BONDS; PROVIDING FOR THE PAYMENT THEREOF;
MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS
IN CONNECTION THEREWITH; PROVIDING CERTAIN
OTHER MATTERS IN CONNECTION THEREWITH; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ENACTED BY THE PEOPLE OF THE CITY OF SANFORD, FLORIDA:
SECTION 1. AUTHORITY FOR THIS RESOLUTION. This resolution
is adopted pursuant to Chapter 166, Part II, Florida Statutes, and
other applicable provisions of law.
SECTION 2. DEFINITIONS. Unless the context otherwise
requires, the terms defined in this section shall have the meanings
specified in this section. Words importing singular number shall
include the plural number in each case and vice versa and words
importing persons shall include firms and corporations. Except as
otherwise provided herein, all defined terms in the Original
Resolution shall have the same meanings.when used herein.
"Acquired Obligations" shall mean and include any of the
following securities, if and to the extent the same are at the time
legal for investment of funds of the Issuer:
(i) any bonds or other obligations which as to principal
and interest constitute direct obligations of, or are uncondi-
tionally guaranteed by, the United States of America, includ-
ing obligations of any Federal agency or corporation which has
been or may hereafter be created pursuant to-an act of
Congress as an agency or instrumentality of the United States
of America to the extent unconditionally guaranteed by the
United States of America or any other evidences of an owner-
ship interest in obligations or in specified portions thereof
(which may consist of specified portions of the interest
thereon) of the character described in this clause (i) held
by a bank or trust company as custodian,.under which the owner
of the investment is the real party in interest and has the
right to proceed directly and individually against the obligor
on the obligations described in this clause (i), and which
underlying obligations are not available to satisfy any claim
of the custodian or any person claiming through the custodian
or to whom the custodian may be obliqated; and //
(ii) any bonds or other obligations of any state or
governmental unit thereof, the interest on which is excluded
from gross income for federal income tax purposes and which
are rated at such time in the then highest rating category of
two or more nationally recognized municipal rating agencies;
and
(iii) any bonds or other obligations of any state of the
United States of America or of any agency, instrumentality or
local governmental unit of any such state (a) which are not
callable at the-option of the obligor prior to maturity or as
to which irrevocable notice has been given by the obligor to
call such bonds or obligations on the date specified in the
notice, (b) which are fully secured as to principal and
interest and redemption premium, if any, by a fund consisting
only of cash or bonds or other obligations of the character
described in clause (i) hereof which fund may be applied only
to the payment of such principal of and interest and redemp-
tion premium, if any, on such bonds or other obligatiQn~ on
the maturity date or dates thereof or the specified redemption
date or dates pursuant to such irrevocable instructions, as
appropriate, and (c) as to which the principal of and interest
on the bonds and obligations of the character described in--
clause (i) hereof which have been deposited in such fund along
with any cash on deposit in such fund is sufficient to pay
principal of and interest and redemption premium, if any, on
the bonds or other obligations described in this clause (iii)
on the maturity date or dates thereof or on the redemption
date or dates specified in the irrevocable instructions
referred to in subclause (a) of this clause (iii), as appro-
priate.
MINUTES
City Commission, Sanford, Florida
May 13,
569
1991
"ACt" shall mean Chapter 166, Part II, Florida Statutes, and
other applicable provisions of law.
"Additional Parity Obligations" shall mean additional
obligations issued in compliance with the terms, conditions and
limitations contained in the Original Resolution and in this
Resolution and which (i) shall have a lien on the Pledged Revenues
equal to that of the Series 1986 Bonds and the Series 1989 Bonds,
(ii) shall be payable from the Net Revenues on a parity with the
Series 1986 Bonds and the Series 1989 Bonds and (iii) rank equally
in all respects with the Series 1986 Bonds and the Series 1989
Bonds.
"Amortization Installment" with respect to any Term Bonds of
a Series, shall mean an amount so designated for mandatory
principal installments (for mandatory call or 6therwise) payable
on any Term Bonds issued under the provisions of this Resolution
or any subsequent resolution authorizing Additional Parity
Obligations.
'"'Authorized Newspapers" shall mean a financial newspaper of
general circulation in the Borough of Manhattan, City and State of
New York (including, at such times as they are published, The New
York Time~, The Daily Bond Buyer, or The Wall Street Journal) and
a newspaper of general circulation in the City of Sanford, Florida,
which in each case, is customarily published at least once a day
for at least five days (.other than legal holidays) in each calendar
week, printed in the English language.
"Average Annual Bond Service Requirement" shall mean, as of
each date on~hich ~ series of Bonds is issued, the total amount
of Bond Service Requirement which is to become due on all Bonds
deemed to be Outstanding immediately after the issuance of such
series of Bonds divided by the total number of years for which
Bonds are deemed to be Outstanding, except that with respect to any
Bonds for which Amortization Installments have been established,
the amount of principal coming due on the final maturity date with
respect to such Bonds that are to be redeemed from Amortization
Installments to be made in prior Bond Years.
"Bond Anticipation Notes" shall mean notes of the Issuer
issued in anticipation of any Series of Bonds and shall be secured
by a first lien on the proceeds of the Bonds for which such Bond ''
Anticipation Notes were issued.
"Bond Counsel" shall mean a firm of nationally recognized
attorneys at law experienced in the issuance of bonds the interest
on which is excluded from gross income of the Holders thereof for
purposes of Federal income taxation under the Internal Revenue Code
of 1986, as amended.
"Bond Service Fund" shall mean such Bond Service Fund created
and established pursuant to Section 16 of the Original Resolution.
"Bond Service Requirement" shall mean, for any Bond Year, at
any time, the amount required to be deposited in such Bond Year
into the Bond Service Fund, as provided in the Original Resolution.
For purpose of calculating Bond Service Requirement with respect
to Designated Maturity Obligations, the unamortized principal
coming due on the final maturity date thereof shall not be included
and in lieu thereof there shall be added to Bond Service Require-
ment for the Bond Year in which such final maturity occurs and to
each Bond Year thereafter through the 25th anniversary of the final
maturity of such Designated Maturity Obligations (the "Reamorti-
zation Period") the amount of substantially level principal and
interest payments (using the same interest rate actually applicable
to such unamortized Bonds before maturity) that if paid in each
year during the Reamortization Period would be sufficient to pay
in full the unamortized portion of such Designated Maturity
Obligations by such anniversary (the "Amortization Payment");
provided, however, for the current Bond Year interest coming due
on such Designated Maturity Obligations shall be deducted from the
-~iz&tion Payment. With respect to Variabl~--'~te Bonds, the
interest rate used to calculate the Bond Service Requirement shall
be assumed to be one hundred ten percent (110%) of the greater of
(a) the daily average interest rate on such Variable Rate Bonds
during the twelve months ending with the month preceding the date
of calculation or (b) the most recent effective interest on such
Variable Rate Bonds prior to the date of calculation. If such
Variable Rate Bonds were not outstanding for a full twelve months
ending with the month immediately preceding the date of Calcu-
lation, the rate described in clause (b) of the immediately
preceding sentence shall be used. If Bonds are Option Bonds, the
date or dates of tender shall be disregarded, unless actually
tendered and not remarketed, and the stated maturity dates thereof
shall be used for purposes of this calculation, if such Option
Bonds are required to be paid from Pledged Revenues under the
Original Resolution or hereunder on such date of tender.
570
City Commission, Sanford, Florida
May 13,
19 91
i'~Bond Year'' shall mean the period commencing on October 2 of
each year ending with the succeeding October
"Bonds" shall mean (i) the Bonds authorized under the Original
Resolution, including but not limited to the Parity Bonds and the
Series 1991 Bonds and (ii) any additiOnal Parity Obligations issued ..
hereafter in accordance with the provisions of the Original
Resolution and this Resolution.
"Capital Appreciation Bonds" shall mean the aggregate
principal amount of the Bonds that bear interest payable Solely at
maturity or upon redemption prior to maturity ~n the amounts
determined by reference to the Compounded Amounts, all as ~hall be
determined by subsequent resolution of the Issuer. In the case of
Capital Appreciation Bonds that are convertible to Bonds with
interest payable prior to maturity or redemption of such Bonds,
such Bonds shall be considered Capital Appreciation Bonds only
during the period of time prior to such conversion.
"Capital Appreciation Income Bonds" shall mean those Bonds
initially issued as Capital Appreciation Bonds and which become
Current. Interest Bonds when the original issue amount and the
Compounded Amount equals $5,000 principal amount or an integral
multiple thereof as determined by subsequent resolution of the
Issuer.
"Clerk" shall mean the City Clerk of the Issuer.
"Compounded Amounts" shall mean the amounts as to which
reference is made that establish the amounts payable at maturity
or upon redemption prior to maturity on the Capital. Appreciation
Bonds. Such amounts shall be determined by subsequent resolution
of the Issuer.
"Connection Charges""shall mean the charges imposed on those
connecting to the System for the actual cost of physically
connecting into the System.
"Construction Fund" shall mean the Construction Fund created
and established pursuant to Section 16 of the Original Resolution.
"Consulting Engineers" shall mean one or more qualified and
recognized consulting engineer or firm of consulting engineers
having favorable repute, skill and experience with respect to the
planning and"operation of the System who shall be retained from
time to time by the Issuer, to perform the acts and carry out the
duties as herein and in the Original Resolution provided for the
ConSulting Engineers.
"Contributions in Aid of Construction" shall mean any amount
or item of money, services, or property received by the Issuer, any
portion of which is provided at no cost to the utility, which
represents an addition or transfer to the capital of the System,
and which is utilized to offset the acquisition, improvement or
construction costs of the System.
"Cost of Operation and Maintenance" of the System shall mean--
the then current expenses, paid or accrued, ~n the operation,
maintenance and repair of the System, as calculated in accordance
with generally accepted accounting principles, but shall not
include expenses not annually recurring, such as any reserve for
renewals and replacements, extraordinary repairs or any allowance
for depreciation, and Bond Service Requirement or any payments in
lieu of taxes.
"Current Interest Bonds" shall mean the aggregate principal
amount of the Bonds that bear interest payable semiannually on such
dates as shall be determined by subsequent resolution of the
Issuer.
"Designated Maturity Obligations" shall mean all of the Bonds
of a Series or a particular maturity thereof, so designated by the
Issuer by resolution prior to the issuance thereof, for which no
Amortization Installment has been established.
,,
"Expansion Facilities shall mean, collectively, the Sewer
Expansion Facilities and the Water Expansion Facilities.
"Fiscal Year" shall mean the period commencing on October 1
of each year and ending on the next succeeding September 30 or such
other annual period as may be prescribed by-law from time to time
for the Issuer.
"Gross Revenues or Revenues shall mean all income or
earnings, including Connection Charges, received by the Issuer or
accrued to the Issuer from the ownership, use, or operation of the
MINUTES
City Commission, Sanford, Florida
May 13,
571
1991
System and all parts thereof, including investment income, if any,
earned on any fund or account created pursuant to the Resolution
or the Original Resolution and on any fund or account established
by the Issuer for the System, except that interest earned on the
Construction-Fund shall remain in the Construction Fund, all as
calculated iR accordance with generally accepted accounting
principles, but "Gross Revenues" or "Revenues" shall not include
proceeds from the sale or other disposition of the System or any
part thereof, condemnation awards or proceeds of insurance ~eceived
with respect to the System. Notwithstanding the foregoing, "Gross
Revenues" or-."Revenues" shall not include Contributions in Aid of
Construction, Sewer System Development Charges, Water System
Development Charges.
"Holder of Bonds" or "Bondholder" or any similar term shall
mean any person who shall be the registered owner of any
.outstanding Bond.
"Interest Account" shall mean the special account of the same
name created with the Bond Service Fund created and established
pursuant to Section 16 of the Original Resolution.
"Investment Securities" means any investment authorized under
the laws of the State of Florida as shall be more specifically
specified by subsequent resolution of the Issuer.
"Issuer" shall mean the City of Sanford, Florida.
"Maximum Bond Service Requirement" shall mean, as of any
particular date of calculation, the greatest amount of aggregate
Bond Service Requirement for the then current or any future Bond
Year, except that with respect to any Bonds for which Amortization
Installments have been established, the amount of principal coming
due on the final maturity date with respect to such Bonds shall be
reduced by the aggregate principal amount of such Bonds that are
to be redeemed from Amortization Installments which were to be made
in prior Bond Years.
"Net Revenues" of the System shall mean the Revenues or Gross
Revenues after deduction of the Cost of Operation and Maintenance.
"Option Bonds" shall mean Bonds subject to tender for payment
prior to their maturity at the option of the Holder thereof.
"Operating Reserve Fund" shall mean the Operating Reserve Fund
created pursuant to Section 16 of the Original Resolution.
"Outstanding" or "Bonds Outstanding" Shall mean all Bonds
which have been issued pursuant to the Original Resolution, except:
(i) Bonds canceled after purchase in the open market or
because of payment at or redemption prior to maturity;
(ii) Bonds for the payment or .redemption of which cash funds
or Acquired Obligations or any combination thereof shall have been
theretofore irrevocably set aside in a special account with an
escrow agent (whether upon or prior to the maturity or redemption
date of any such Bonds) in an amount which, together with earnings
on such Acquired Obligations, will be sufficient to pay the
principal of and interest on such Bonds at maturity or upon their
earlier redemption; provided that, if such Bonds are to be ~edeemed
before the maturity thereof, notice of such redemption shall have
been given a. ccording to the requirements of this Resolution or
irrevocable instructions directing the timely publication of such
notice and directing the payment of the principal of and interest
on all such Bonds at such redemption dates shall have been given
to the Escrow Agent; and
(iii) Bonds which are deemed paid pursuant to this Resolution
or in lieu of which other Bonds have been issued under Sections ll
and 13 hereof.
"Parity Bonds" shall mean the outstanding Water and Sewer 7
Revenue Bonds, Series 1986, and the outstanding Water and Sewer .
Revenue Bonds, Series 1989. ..
"Paying Agent" shall mean any authorized depositary designated
by the Issuer to serve as a Paying Agent or as the place of payment
for any Series of Bonds issued hereunder that shall have agreed to
arrange for the timely payment of the principal of interest and
redemption premium, if any, on such Series of Bonds to the owners
thereof, from funds made available thereof by the Issuer and any
successors designated by subsequent resolution of the Issuer.
Nothing shall prohibit the Issuer from serving as Paying agent
hereunder.
572
MINUTt S
Ci.t.y ._(.~.9..n..~mission. Sanford. Flori~ ........ I'43y ] 3,
"Pledged Revenues" shall mean (i) the Net Revenues of the
System, (ii) until released as provided herein, the Public Service
Taxes, (iii) the Sewer System Development Charges Bond Service
Component and' (iv) the Water System Development Charges Bond
Service Component. Notwithstanding the foregoing, moneys on
deposit in each account in the Reserve Fund shall be pledged only
to the payment of the Series of Bonds for which such account was
established, all as more fully provided in Section 20 of the
Original Resolution.
"Principal Account" shall mean the special account of the same
name created within the Bond Service Fund.
"Project" or "Projects" shall mean any actual, proposed or
potential addition, extension, supplement or replacement of the
System or joint ownership of similar properties or any interest
therein or any right to use the capacity from any facilities or
services thereof, or any other lawful purpose related to the
System, all as determined by the Issuer.
"Project Certificate" shall mean that certificate of the
Qualified Independent Consultant filed with the Issuer at or prior
to the delivery of any Series of Bonds setting forth (i) the
estimated total cost of.the Project, (ii) the estimated cost of the
Sewer Expansion Facilities portion of the Project, (iii) the Sewer
Expansion Percentage, (iv) the estimated cost of th~ Water
Expansion Facilities portion of the Project, and (v) the Water
Expansion Pefcentag~l
"Project Costs" shall mean all costs authorized to be paid
from the Construction Fund pursuant to Section 18 of the Original
Resolution to the extent permitted under the laws of the State of
Florida. It is intended that this definition be broadly construed
to encompass all costs, expenses and liabilities of the Issuer
related to the System which on the date of the Original Resolution,
this Resolution or in the future shall be permitted to be ~unded
with the proceeds of any Series of Bonds pursuant to the laws of
the State of Florida.
"Prudent Utility Practice" shall mean, in respect of any
particular utility industry, any of the practices, methods and acts
which, in the exercise of reasonable judgement, in the light of the
facts, including but not limited to the practices, methods and acts
engaged in or approved by a significant portion of such utility
industry prior thereto, known at the time the decision was made,
would have been expected to accomplish the desired result at the
lowest reasonable cost consistent with reliability, safety and
expedition. It is recognized that Prudent Utility Practice is not
intended to be limited to the optimum practice, method or act to
the exclusion of all others, but rather is a spectrum of possible
practices, methods or acts which could have been expected to
accomplish the desired result at the lowest reasonable cost
consistent with reliability, safety and expedition.
"Public Service Taxes" shall mean that tax imposed by the
Issuer on the purchase of electricity, as authorized pursuant to
Section 166.231, Florida Statutes and Sections 26-19 through 26-
27, Code of the City of Sanford.
"Public Service Taxes Fund" shall mean the Public Service
Taxes Fund created pursuant to Section 16 of the Original
Resolution.
"Qualified Independent Consultant" shall mean one or more
qualified and recognized independent consultants,' having favorable
repute, skill and experience with respect to the acts and duties
of the Qualified Independent Consultant to be provided to the
Issuer, as shall from time to time be retained by the Issuer to
perform the acts and carry out the duties herein provided for such
consultants.
"Redemption Account" shall mean the special account of the
same name created within the Bond Service Fund.
"Registrar" shall mean the trust company or bank with trust
powers appointed from time to time by subsequent resolution of the
Issuer to serve under this Resolution. Nothing herein shall
prohibit the Issuer from serving as Registrar hereunder.~
"Renewal, Replacement and Improvement Fund" shall mean the
Renewal, Replacement and Improvement Fund created and established
pursuant to Section 16 of the Original Resolution.
MINUTES
City Commission, Sanford, Florida
573
19 91
"Reserve Fund" shall mean the Reserve Fund created and
established pursuant to Section 16 of the Original Resolution and
all accounts therein.
"Reserve Requirement" with respect to the Series 1991 Bonds,
shall mean the lesser of (i) the Maximum Bond Service Requirement
for the Series 1991 Bonds, (ii) 125% of the Average Annual Bond
Service Requirement for the Series 1991 Bonds or (iii) the largest
amount which shall not adversely affect the exclusion of interest
on the Series 1991 Bonds from the gross income of the Holders
thereof for purposes of Federal income taxation.
"Resolution" shall mean this resolution as from time to time
amended or supplemented, in accordance with the terms hereof.
"Revenue Fund" shall mean the Revenue Fund created and
established pursuant to Section 16 of the~Original Resolution.
"Serial Bonds" shall mean the Bonds of a Series, which mature
on more than one date.
"Series" or "Series of Bonds" or "Bonds of a Series" shall
mean all Bonds designated as being of the same Series issued and
delivered on original issuance in a simultaneous transaction, and
any Bonds thereafter delivered in lieu thereof or in substitution
therefor pursuant to the Original Resolution and this Resolution.
"Series 1986 Bonds" shall mean the outstanding City of
Sanford, Florida, Water and Sewer Revenue Bonds, Series 1986, dated
August 1, 1986.
"Series 1989 Bonds" shall mean the outstanding City of
Sanford, Florida, Water and Sewer Revenue Bonds, Series 1989, dated
September 1, 1989.
"Series 1991 Bonds" shall mean the outstanding City of
Sanford, Florida, Water and Sewer Revenue Bonds, Series 1991.
"Sewer Expansion Facilities" shall mean improvements,
extensions and additions to the Sewer System, together with all
lands or interest therein, including plants, buildings, machinery,
franchises, pipes, mains, fixtures, equipment and all property real
or personal, tangible or intangible, heretofore or hereafter
constructed or acquired in order to meet the increased demand upon
the Sewer System, whether actual or anticipated, created by new
users connecting to the Sewer System.
"Sewer Expansion percentage" shall mean that number, expressed
as a percentage, which represents that portion of the total cost
of any Project which is attributable to Sewer Expansion Facilities,
if any, as shall be determined by the Qualified Independent
Consultant and set forth in the Project Certificate.
"Sewer System" shall mean the complete sewer system now owned,
operated and maintained by the Issuer, together with any and all
improvements, extensions and additions thereto thereafter
constructed or acquired, together with all lands or interests
therein, including plants, buildings, machinery, franchises, pipes,
mains, fixtures, equipment and all property, real or personal,
tangible or intangible, now or hereafter owned or used in
connection therewith.
"Sewer System Development Charges" shall mean the impact fees
and charges levied upon and collected from new users of the Sewer
System to the extent the same are lawfully available for the
acquisition and construction of Sewer Expansion Facilities and for
Sewer System Developer Charges Bond Service Components.
"Sewer System Development Charges Bond Service Component"
shall mean with respect to any Series of Bonds as of any particular
date of calculation, the Sewer Expansion Percentage, if any,
multiplied by the aggregate Bond Service Requirements for said
Series of Bonds.
"Sewer System Development Charges Fund" shall mean the Sewer
System Development Charges Fund created pursuant to Section 16 of
the Original Resolution.
"State" shall mean the State of Florida.
,'Subordinated Debt" shall mean any obligations payable from
the Subordinated Debt Service Fund pursuant to Section 16 of the
Original Resolution.
"Subordinated Debt Service Fund" shall mean the Subordinated
Debt Service Fund created and established pursuant to Section 16
of the Original Resolution.
574
City Commission, Sanford, Florida
May 13,
"System" shall mean, collectively the water system and the
sewer system of the Issuer. Upon compliance with the provisions
of Section 26 of the Original Resolution, the term "System" may be
deemed to include other utility functions added to the System, such
as the acquisition, distribution and sale of natural gas, the
providing of cable television services, the providing of tele-
communication services or other utility functions that are, in'
accordance with Prudent Utility Practice, reasonably related to the
services provided by the System. Notwithstanding the f~regoing
definition of the term System, such term shall not include any
properties o°r interests in properties of the Issuer which the
Issuer determines shall not constitute a part of the System for the
purpose of this Resolution.
"System Development Charges" shall mean, collectively, the
Sewer System Development Charges and the Water System Development
Charges.
"System Development Charges Bond Service Components" _shall
mean, collectively, the Sewer System Development~ Charges Bond
Service Component and the Water System Development Charges Bond
Service Component.
"Term Bonds" shall mean the Bonds of a Series, all of whiCh
shall be stated to mature on one date for which Amortization
Installments have been established.
"Variable Rate Bonds" shall mean obligations issued with a
variable, adjustable, convertible or other similar rate which is
not fixed in percentage at the date of issue for the entire term
thereof..
"Water Expansion Facilities" shall mean improvements,
extensions and additions to the Water System, together with all
lands or interest therein, including plants, buildings, machinery,
franchises, pipes, mains, fixtures, equipment and all property,
real or personal, tangible or intangible, heretofore or hereafter
constructed or acquired in order to meet the increased demand upon
the Water System, whether actual or anticipated, created by new
users connecting to the Water System.
"Water Expansion Percentage" shall mean that number, expressed
as a percentage, which represents that portion of the total cost
of the Project which is attributable to Water Expansion Facilities,
if any, as shall be determined by the Qualified Independent
Consultant and set forth in the Project Certificate.
"water System" shall mean the complete ~ater System now owned,
operated and maintained by the Issuer, together with any and all
improvements, extensions and additions thereto, thereafter
constructed or acquired, together with all lands or interests
therein, including plants, buildings, machinery, franchises, pipes,
mains, fixtures, equipment and all property, real or personal,
tangible or intangible, now or hereafter owned or used in
connection therewith.
"Water System Development Charges" shall mean the impact fees
and charges levied upon and collected from new users of the Water
System to the extent the same are lawfully available for the
acquisition and construction of Water Expansion Facilities and for
Water System Development Charges Bond Service Components.
"Water System 'Development Charges Bond Service Component"
shall mean with respect to any Series of Bonds as of any particular
date of calculation, the Water Expansion Percentage, if any,
multiplied by the aggregate Bond Service Requirements for said
Series of Bonds.
SECTION 3. FINDINGS.
and declared that:
It is hereby ascertained, determined
(A) The Issuer now owns, operates and maintains the System
and will continue to derive revenue from the rates, fees, rentals
and other charges made and collected for the service of such
System, which Revenues and the other revenues pledged pursuant to
the provisions of the Original Resolution are not now pledged or
encumbered in any manner, except for the payment of the Parity
Bonds.
(B) It is necessary and desirable to acquire, construct and
erect additions, extensions and improvements to the System (the
"Projects"), as more particularly set forth in ~he plans and
specifications on file or to be on file with the Clerk.
(C) The cost of such Projects shall be paid frOm the proceeds
of the Series 1991 Bonds.
MINUTES
City Commission, Sanford, Florida
13;
.575
(D) The principal of and interest and redemption premium, if
any, on the Series 1991 Bonds and the Parity Bonds and all reserve
and other payments shall be payable solely from the Pledged
Revenues as provided herein and in the Original Resolution. The
Issuer shall never be required to levy ad valorem taxes on any real
or personal property therein to pay the principal of and interest
on the Series 1991 Bonds or to make any other payments provided for
herein. The Series 1991 Bonds shall not constitute a lien upon any
properties owned by or located within the boundaries of the Issuer.
(E) The estimated Pledged Revenues will be sufficient to pay
the principal of and interest and redemption premium, if any, on
the Parity Bonds and the Series 1991 Bonds, as the same become due,
and-to make all required deposits or payments required by this
Resolution and the Original Resolution.
(F) The Original Resolution, in Section 20(Q) thereof,
provides for the issuance of Additional Parity Obligations under
the terms, limitations and conditions provided therein.
(G) The Issuer has complied with the terms, conditions and
restrictions contained in the Original Resolution. The Issuer is,
therefore, legally entitled to issue the Series 1991 Bonds as
Additional Parity Obligations within the authorization c~ntained.
in the Original Resolution.
(H) Th~ Series 1991 Bonds herein authorized shall be on a
parity and rank equally, as to lien on and source and security for
payment from the Pledged Revenues and in all other respects, with
the Parity Bonds.
SECTION 4. AUTHORIZATION OF CONSTRUCTION OF PROJECTS. There
is hereby authorized the construction of the Projects pursuant to
the Consulting Engineers' reports or plans and specifications on
file or to be on file with the Clerk.
SECTION 5. RESOLUTION TO CONSTITUTE CONTRACT. In consider-
ation of the acceptance of the Bonds authorized to be issued here-
under 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 Issuer and such Holders. The covenants and agreements
herein set forth to be performed by the Issuer shall be for the
equal benefit, protection and security of the legal Holders of any
and all of the Bonds, all of which shall be of equal rank and
without preference, priority or distinction of any of the Bonds
over any other thereof, except as expressly provided therein and
herein.
SECTION 6. AUTHORIZATION OF SERIES 1991 BONDS. Subject and.
pursuant to the provisions hereof, obligations of the Issuer to be
known as "Water and Sewer Revenue Bonds, Series 1991". (the "Series
1991 Bonds") are authorized to be issued in the aggregate principal
amount of not exceeding $12,000,000.
SECTION 7. DESCRIPTION OF SERIES 1991 BONDS. The Series 1991
Bonds shall be issued in fully registered form; may .be Capital
Appreciation Bonds and/or Current Interest Bonds; shall be dated;
shall be numbered; shall be in the denomination of $5,000 each, or
integral multiples thereof for the Current Interest Bonds and in
$5,000 maturity amounts for the Capital Appreciation Bonds or in
$5,000 multiples thereof, or such other denominations as shall be
approved by the Issuer in a subsequent resolution prior to the
delivery of the Series 1991 Bonds; shall bear interest at such rate
or rates not exceeding the maximum rate allowed by Florida law, the
actual rate or rates to be determined by the governing body of the
Issuer prior to or upon the sale of the respective Series of Bonds;
may be issued with variable, adjustable, convertible or other rates
with original issue discounts and as zero interest rate bonds; such
interest to be payable semiannually at such times ~s are fixed by
resolution of the Issuer if Current Interest Bonds and shall mature
annually on such date in such years and amounts as will be fixed
by resolution of the Issuer prior to or upon the sale of the
respective Series of Bonds; and may be Serial and/or Term Bonds.
Each Current Interest Bond shall bear interest from the
interest payment date next preceding the date on which it is
authenticated, unless authenticated on an interest payment date,
in which case it shall bear interest from such interest"payment
date, or, unless authenticated prior to the first interest payment
date, in which case it shall bear interest from its date; provided,
however, that if at the time of authentication payment of any
interest which is due and payable has not been made, such Current
Interest Bond shall bear interest from the date to which interest
shall have been paid.
The Capital Appreciation Bonds shall bear interest only at
maturity or upon redemption prior to maturity in the mount
determined by reference to the Compounded Amount.
.576
City Commission, Sanford, Florida
19 _ 91
The principal of and the interest and redemption premium, if
any, on the Series 1991 Bonds shall be payable in any coin or
currency of the United States of America which on the respective
dates of payment thereof is legal tender for the payment of public
and private debts. The interest on the Current Interest Bonds
shall be payable by the Paying Agent on each interest payment date
to the person appearing on the registration books of the Issuer
hereinafter provided for as the registered Holder thereof on the
fifteenth (15th) day of the month preceding each interest payment
date, by check or draft mailed to such registered Holder at his
address as it appears on such registration books. Payment of the
principal of all Current Interest Bonds and the Compounded Amount
with respect to the Capital Appreciation Bonds shall be made upon
the presentation and surrender of such Bonds as the same shall
become due and payable.
Notwithstanding any other provisions of this section, the
Issuer may, at its option, prior to the date of issuance of any
Series of Bonds, elect to use an immobilization system or pure
book-entry system with respect to issuance of such Series of Bonds,
provided adequate records will be kept with respect to the
ownership of such Series of Bonds issued in book-entry form or the
beneficial ownership of bonds issued in the name of a nominee. As
long as any Series 1991 Bonds are outstanding in book-entry form
the provisions of Sections 8, 9, 10 and 13 of this Resolution shall
not be applicable to such Bonds. The details of any alternative
system of issuance, as described in this paragraph, shall be set
forth in a resolution of the Issuer duly adopted at or prior to the
sale of such Series of Bonds.
SECTION 8. EXECUTION OF SERIES 1991 BONDS. The Series 1991
Bonds shall be signed by, or bear the facsimile signature of, the
Mayor of the Issuer and shall be signed by, or bear the facsimile
signature of, the Clerk and a facsimile of the official seal of the
Issuer shall be imprinted on the Series 1991 Bonds.
In case any officer whose signature or a facsimile of whose.
signature shall appear on any Series 1991 Bonds shall cease to be
such officer before the delivery of such Series 1991 Bonds, such
signature or such facsimile shall nevertheless be valid and
sufficient for all .purposes the same as if he has remained in
office until such delivery. Any Series 1991 Bond may bear the
facsimile signature of or may be signed by such persons who, at the
actual time of the execution of such Series 1991 Bond, shall be the
proper officers to sign such Series 1991 Bonds although at the date
of such Series 1991 Bond such persons may not have been such
officers.
SECTION 9. AUTHENTICATION OF SERIES 1991 BONDS. Only such
of the Series 1991 Bonds as shall have endorsed thereon a cer't-ifi-
cate of authentication substantially in the form hereinbelow set
forth, duly executed by the Registrar, as authenticating agent,
shall be entitled to any benefit or security under this Resolution.
No Series 1991 Bond shall be valid or obligatory for any purpose
unless and until such certificate of authentication shall have been
duly executed by the Registrar, and such certificate of the
Registrar upon any such Series 1991 Bond shall be conclusive
evidence that such Bond has been duly authenticated and delivered
under this Resolution. The Registrar's certificate of authenti-
cation on any Bond shall be deemed to have been duly executed if
signed by an authorized officer of the Registrar, but it shall not
be necessary that the same officer sign the certificate of authen-
tication of all of the Series 1991 Bonds that may be issued here-
under at any one time.
SECTION 10. EXCHANGE OF SERIES 1991 BONDS. Any Series 1991
Bonds, upon surrender thereof at the principal corporate trust
office of the Registrar, together with an assignment duly executed
by the Bondholder or his attorney or legal representative in such
form as shall be satisfactory to the Registrar, may, at the option
of the Bondholder, be exchanged for an aggregate principal amount
of Series 1991 Bonds equal to the principal amount of the Bond or
Bonds so surrendered.
The Registrar shall make provision for the exchange of Series
1991 Bonds at the principal corporate trust office of the
Registrar.
SECTION 11. NEGOTIABILITY, REGISTRATION AND TRANSFER OF
SERIES 1991 BONDS. The Registrar shall keep books for the regis-
tration of and for the registration of transfers of Series 1991
Bonds as provided in this Resolution. The transfer of any Series
MINUTES
City Commission, Sanford, Florida
May 13,
1991
1991 Bonds may be registered only upon such books and only upon
surrender thereof to the Registrar together with an assignment duly
executed by the Bondholder or his attorney or legal representative
in such form as shall be satisfactory to the Registrar. Upon any
such registration of transfer the Issuer shall execute and the
Registrar shall authenticate and deliver in exchange for such Bond,
a new Bond or Bonds registered in the name of the transferee, and
in an aggregate principal amount equal to the principal amount of
such Bond or Bonds so surrendered. ~
In all eases in which Series 1991 Bonds shall be exchanged,
the Issuer shall execute and the Registrar shall authenticate and
deliver, at the earliest practicable time, a new Bond or Bonds of
the same type (i.e. Current Interest Bonds will be exchanged for
Current Interest Bonds and Capital Appreciation Bonds will be
exchanged for Capital Appreciation Bonds) in accordance with the
provisions of this Resolution. All Series 1991 Bonds surrendered
in any such exchange or registration of transfer shall forthwith
be canceled by the Registrar. The Issuer or the Registrar ma~_~ake
a charge for every such exchange or registration of transfer of
Series 1991 Bonds sufficient to reimburse it for any tax or other
governmental charge required to be paid with respect to such
exchange or registration of transfer, but no other charge shall be ..
made to any Bondholder for the privilege of exchanging or regis-
tering the transfer of Series 1991 Bonds under the provisions of
this Resolution. Neither the Issuer nor the Registrar shall be
required to make any such exchange or registration of transfer of
Series 1991 Bonds during the fifteen days immediately preceding an
interest payment date or redemption date.
SECTION 12. OWNERSHIP OF SERIES 1991 BONDS. The person in
whose name any Bond shall be registered shall be deemed and
regarded as the absolute owner thereof for all purposes, and
payment of or on account of the principal or redemption price of
any such Bond, and the interest on any such Series 1991 Bonds shall
be made only to or upon the order of the registered owner thereof
or his legal representative. All such payments shall be valid and
effectual to satisfy and discharge the liability upon such Bond
including the premium, if any, and interest thereon to the extent
of the sum or sums so paid.
SECTION 13. SERIES 1991 BONDS MUTILATED, DESTROYED, STOLEN
OR LOST. In case any Bond shall become mutilated, or be destroyed,
stolen or lost, the Issuer may in its discretion cause to be
executed, and the Registrar shall authenticate and deliver, a new
Bond of like date and tenor as the Bond so mutilated, destroyed,
stolen or lost (i.e., Current Interest Bonds shall be issued in
exchange for Current Interest Bonds and Capital Appreciation Bonds
shall be issued in exchange for Capital Appreciation Bonds), in
exchange and substitution for such mutilated Bond upon surrender
and cancellation of such mutilated Bond or in lieu of and
substitution for the Bond destroyed, stolen or lost, and upon the
Holder furnishing"the Issuer and the Registrar proof of his owner-
ship thereof and satisfactory indemnity and complying with such
other reasonable regulations and conditions as the Issuer and the
Registrar may prescribe and paying such expenses as the Issuer and
the Registrar may incur. All Series 1991 Bonds so surrendered
shall be canceled by the Issuer. If any of the Series 1991 Bonds
shall have matured or be about to mature, instead of issuing a
substitute Bond, the Issuer may pay the same, upon being indemni-
fied as aforesaid, and if such Bond be lost, stolen or d~stroyed,
without surrender thereof.
Any such duplicate Series 1991 Bonds issued pursuant to this
Section shall constitute original, additional contractual obli-
gations on the part of the Issuer whether or not the lost, stolen
or destroyed Series 1991 Bonds be at any time found by anyone, and
such duplicate Series 1991 Bonds shall be entitled to equal and
proportionate benefits and rights as to lien on and source and
security for payment from the funds, as hereinafter pledged, to the
same extent as all other Series 1991 Bonds issued hereunder
SECTION 14. PROVISIONS FOR REDEMPTION. The Series 1991 Bonds
shall be subject to redemption prior to their maturity, at the
option of the Issuer, at such times and in such manner as shall be .-
fixed by resolution of the Issuer prior to or at the time of sale
of the Series 1991 Bonds.
Notice of such redemption shall, at least thirty (30) days
prior to the redemption date, be filed with the Registrar; and
mailed, first class mail, postage prepaid, to all Holders of Series
1991 Bonds to be redeemed at their addresses as they appear on the
registration books hereinbefore provided for on the fifteenth
(15th) day of the month preceding each interest payment date, but
failure to mail such notice to one or more Holders of Series 1991
578
MINU s
City Commission, Sanford, Florida
B~n-~h~a-i~~ ~not affect the validity of' th~-~0~'~e~in~-f0r- s~&~
redemption with respect to Holders of Series 1991 Bonds to which
notice was duly mailed hereunder. Each such notice shall set forth
the date fixed for redemption, the redemption price to be paid and,
if less than all of the Series 1991 Bonds of one maturity are to
be called, the distinctive numbers of such Series 1991 Bonds to be
redeemed and in the case of Series 1991 Bonds to be redeemed in
part only, the portion of the principal amount thereof to be
redeemed.
When notice of redemption is given, Series 1991 Bonds called
for redemption will become due and payable on the redemption date
at the redemption price stated in such notice. When a notice of
redemption is given and funds sufficient for redemption are
deposited with the Registrar, interest on the Series 1991 Bonds to
be redeemed will cease to accrue on the date fixed for redemption,
such Series 1991 Bonds shall cease to be entitled to any lien,
benefit or security under this Resolution and the Holders of such
Series 1991 Bonds will have no right in respect thereof except to
receive payment of the redemption price.
Upon surrender of any Series 1991 Bond for redemption in part
only, the Registrar shall authenticate and deliver to the Bond-
holder thereof, the cost of which shall be paid by the Issuer, a
new Series 1991 Bond of an authorized denomination equal to the
unredeemed portion of the Series 1991 Bond surrendered.
SECTION 15. FORM OF SERIES 1991 BONDS. The text of the
Series 1991 Bonds, together with the certificate of authentication,
shall be in substantially the following form, with such omissions,
insertions and variations as may be necessary, desirable, autho-
rized or permitted by this Resolution or by any subsequent resolu-
tion adopted prior to the issuance thereof, or as may be necessary
if the Bonds or a portion thereof are issued as Capital Apprecia-
tion Bonds, Option Bonds, Designated Maturity Obligations, Variable
Rate Bonds, or as may be necessary to comply with applicable laws,
rules and regulations of the United States and of the Sta~ in
effect upon the issuance thereof. The text of any Series of Bonds,
other than the Series 1991 Bonds shall be as determined by subse-
quent resolution of the Issuer.
SECTION 16. APPLICATION OF PROVISIONS OF ORIGINAL RESOLUTION.
The series 1991 Bonds, herein authorized, shall for all purposes
(except as herein expressly provided) be considered to be Addi-
tional Parity Obligations issued under the authority of the Origi-
nal Resolution, and shall be entitled to all the protection and
security provided therein for the Parity Bonds, and shall be in all
respects entitled to the same security, rights and privileges
enjoyed by the Parity Bonds.
The covenants and pledges contained in the Original Resolution
shall be appiicable"to the Series 1991 Bonds herein authorized in
like manner as applicable to the Parity Bonds. The principal of
and interest on the Series 1991 Bonds shall be payable from the
Bond Service Fund established in the Original Resolution on a
parity with the Parity Bonds, and payments shall be made into such
Bond Service Fund by the Issuer in amounts fully sufficient to pay
the principal of and interest on the Parity Bonds and the Series
1991 Bonds as such principal and interest become due.
SECTION 17. APPLICATION OF BOND PROCEEDS. The proceeds,
including accrued interest and redemption premium, if any, received
from the sale of the Series 1991 Bonds shall be applied by the
Issuer simultaneously with the delivery of such Series 1991 Bonds''
to the purchaser thereof, as follows and as further provided in a
supplemental resolution of the Issuer.
A. The accrued interest on the Series 1991 Bonds shall be
deposited in the Interest Account in the Bond Service Fund created
pursuant to the Original Resolution and shall be used only for the
purpose of paying interest becoming due on the Series 1991 Bonds
for which it was so deposited.
B. Unless otherwise provided in a supplemental resolution of
the Issuer or unless provided for through the purchase of municipal
bond insurance, a letter of credit or any combination thereof, as
set forth in Section 20(B)(2) of the Original Resolution, a sum
equal to the Reserve Requirement on such Series 1991 Bonds shall
be deposited in the respective account in the Reserve Fund
established for the Series 1991 Bonds and shall be used only for
the purposes provided therefor. --
C. A sum as specified by a supplemental resolution of the
Issuer shall be deposited in the Construction Fund and shall be
used to pay Project Costs in the manner authorized by Section 18
of the Original Resolution. Such sum shall be used together with
other available moneys by the Issuer solely to acquire, construct
and erect the Projects, including the reimbursement to the Issuer
of moneys spent on the Projects in anticipation of the sale of the
Series 1991 Bonds. The Issuer agrees and covenants to commence and
proceed with due diligence to complete the construction, erection
and acquisition of the Projects.
MINUTES
City Commission, Sanford, Florida
5.79
May 1319 91
D. To the extent not reimbursed therefor by the original
purchaser of such Series 1991 Bonds, the Issuer shall pay all costs
and expenses in connection with the issuance and sale of the Series
1991 Bonds.
E. The remaining moneys from such Series 1991 Bonds shall be
deposited as provided in supplemental resolutions of the Issuer.
SECTION 20. COVENANTS OF THE ISSUER. The provisions of
Section 20 of the O~iginal Resolution shall be deemed applicable
to this Resoihtion and shall apply to the Series 1991 Bonds issued
pursuant to this Resolution as though fully restated herein.
SECTION 21. DEFAULTS; EVENTS OF DEFAULT AND REMEDIES. The
provisions of Section 21 of the Original Resolution shall be deemed
applicable to this Resolution and shall apply to the Series 1991
Bonds issued pursuant to this Resolution as though fully restated
herein.
SECTION 22. AMENDING AND SUPPLEMENTING OF RESOLUTION WITHOUT
CONSENT OF HOLDERS OF BONDS. The provisions of Section 22 of the
Original Resolution shall be deemed applicable to this Resolution
and shall apply to the Series 1991 Bonds issued pursuant to this
Resolution as though fully restated herein.
SECTION 23. AMENDMENT OF RESOLUTION WITH CONSENT OF HOLDERS
OF BONDS. The provisions of Section 23 of the Original Resolution
shall be deemed applicable to this Resolution and shall apply to
the Series 1991 Bonds issued pursuant to this Resolution as though
fully restated herein.
SECTION 24. DEFEASANCE. The provisions of Section 24 of the
Original Resolution shall be deemed applicable to this Resolution
and shall apply to the Series 1991 Bonds issued pursuant to this
Resolution as though fully restated herein.
SECTION 25. GOVERNMENTAL REORGANIZATION. The provisions of
Section 25 of the Original Resolution shall be deemed applicable
to this Resolution and shall apply to the Series 1991 Bonds issued
pursuant to this Resolution as though fully restated herein.
SECTION 26. ADDITIONAL UTILITY FUNCTIONS. The provisions of
Section 26 of the Original Resolution shall be deemed applicable
to this Resolution and shall apply to the Series 199! Bonds issued
pursuant to this Resolution as though fully restated herein.
SECTION 27. CAPITAL APPRECIATION BONDS'. The provisions of
Section 27 of the Original Resolution shall be deemed applicable
to this Resolution and shall apply to the Series 1991 Bonds issued
pursuant to this Resolution as though fully restated herein.
SECTION 28. TAX COVENANTS. With respect to any Series 1991
Bonds for which the Issuer intends on the date of issuance thereof
for the interest thereon to be excluded from gross income for pur-
poses of Federal income taxation:
(A) The Issuer shall not use or permit the use of any proceeds
of the Series 1991 Bonds or any other funds of the Issuer, directly
or indirectly, to acquire any securities or obligations, and shall
not use or permit the use of any amounts received by the Issuer
with respect to the Series 1991 Bonds in any manner, and shall not
take or permft to be taken any other action or actions, which would
cause any Series 1991 Bonds to be an "arbitrage bond" within the
meaning of Section 148, or "federally guaranteed" within the
meaning of Section 149(b), of the Internal Revenue Code of 1986,
as amended (in this Section called the "Code"), or otherwise cause
interest on the Series 1991 Bonds to become subject to Federal
income taxation.
(B) The Issuer shall at all times do and perform all act~ and
things permitted by law and this Resolution which are necessary or
desirable in order to assure that interest paid on Series 199~
Bonds will be excluded from gross income for purposes of Federal
income taxes and shall take no action that would result in such''
interest not being so excluded.
SECTION 29. DESIGNATED MATURITY OBLIGATIONS. No Designated
Maturity Obligations may be issued under this Resolution or may be
issued as Additional Parity Obligations without the consent of all
companies which have issued a policy of municipal bond insurance
insuring any Series of Bonds if the principal amount of Designated
Maturity- Obligations maturing in any one year exceeds ~5% of
Maximum Bond Service Requirement.
580
MINU S
City Commission, Sanford, Florida
May 13,
19 91
SECTION 30. OPTION BONDS. No option Bonds may be issued
under this Resolution or may be issued as Additional Parity Obli-
gations unless the Issuer shall have provided for a liquidity
facility to purchase such Option Bonds in the event of a tender for
payment at the option of the Holder thereof. Any such liquidity
facility must, on the date of issuance of such option Bonds, be
rated in one of the two highest rating categories of both'Standard
& Poor's Corporation, or any successors thereto, and Moody's
Investors Service, Inc. or any successors thereto.
SECTION 31. EXPENDITURES PRIOR TO ISSUANCE OF SERIES 1991
BONDS. The Issuer is hereby authorized to expend legally available
funds of the Issuer for the Project in anticipation of the issuance
of the Series 1991 Bonds. Upon the issuance of the Series 1991
Bonds, the Issuer may be reimbursed for any expenditures made in
anticipation of the issuance of such Series 1991 Bonds.
SECTION 32. VALIDATION AUTHORIZED. The City Attorney is
hereby authorized and directed'to institute appropriate proceedings
for the validation of the Bonds and the proper officers of the
Issuer are hereby authorized to verify on behalf of the Issuer any
pleadings in such proceedings.
SECTION 33. NOTES AUTHORIZED FOR INTERIM FINANCING. Pursuant
to authority granted by Section 215.431, Florida Statutes, the
Issuer is authorized t~ issue its negotiable notes from time to
time for the purposes authorized by this Resolution and~for the
purpose of obtaining interim financing. Any such notes authorized
by the Issuer shall be issued upon the adoption of a resolution by
the Issuer §pecifying the amount of notes to be issued, the
maturity of such notes, the denomination, date and rate of interest
which shall be borne by such notes which shall not be'greater than
the highest rate authorized by law. Any such notes issued may be
sold in the manner provided by Section 215.431, Florida Statutes.
SECTION 34. SEVERABILITY. 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 t{~-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 covenant~,
agreements or provisions of this Resolution or of the Series 1991
Bonds issued hereunder.
SECTION 35. INCONSISTENT RESOLUTIONS. Ail prior resolutions
of the Issuer inconsistent with the provisions of this Resolution
are hereby modified, supplemented and amended to conform with the
provisions herein contained.
SECTION 36. EFFECTIVE DATE. The provisions of this Reso-
lution shall take effect immediately upon its passage.
PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF
this ?~ day of ~~ , 1991.
SANFORD,
FLORIDA
Mayor
ATTEST:
~ 1 erk
MINUTES
City Commission, Sanford, Florida
May 15,
19 91
Orr motion of Commissioner Howell, seconded by Commissioner Thomas and carried by
the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
Resolution No. 1598 was adopted. Said resolution being in words and figures as
follows:
RESOLUTION NO. 1598
A RESOLUTION OF THE CITY OF SANFORD, FLORIDA,
AUTHORIZING THE FILING OF AN APPLICATION TO THE
DEPARTMENT OF ENVIRONMENTAL REGULATION. BUREAU OF LOCAL
GOVERNMENT WASTEWATER FINANCIAL ASSISTANCE FOR A STATE
REVOLVING FUND LOAN IN THE AMOUNT OF $4,983,000 FOR
WASTEWATER TREATMENT FACILITIES EXPANSION, RECLAIMED
WATER TRANSMISSION FACILITIES (WESTERLY EXPANSION) AND
SANFORD OUTFALL WET WEATHER DISCHARGE LINE; ESTABLISHING
PLEDGED REVENUES FOR THE REPAYMENT OF SAID LOAN;
DESIGNATING THE CITY MANAGER AS THE AUTHORIZED
REPRESENTATIVE TO FILE THE APPLICATION, TO PROVIDE
ASSURANCES OF COMPLIANCE WITH LAWS, RULES, REGULATIONS,
POLICIES AND CONDITIONS RELATING TO THE LOAN, AND TO
EXECUTE THE LOAN AGREEMENT ON BEHALF OF THE CITY.
NOW, THEREFORE, BE IT RESOLVED BY THE PEOPLE OF THE CITY OF
SANFORD, FLORIDA:
1. An
Bureau of Local
authorized. The
interest rate of
Service
October
application to the Department of Environmental Regulation,
Government Wastewater Financial Assistance is hereby
amount of the loan to be applied for is 4,983,000 at an
4.23 per cent with amortization over a term of 20 years.
The funds are to be used for wastewater treatment facilities expansion,
reclaimed water transmission facilities (Westerly expansion) and Sanford
outfall wet weather discharge lane.
2. The City of Sanford Water and Sewer Systems subordinated Debt
Fund established by Resolution No. 1425 passed and adopted on
7, 1985, is pledged to the extent necessary to provide deb= service
on the loan.
3. The City
Representative to file
Manager is designated as the Authorized
the loan application, to provide assurance of
compliance with laws, rules, regulations, policies and conditions relating
to the loan, and to execute the loan agreement and any other necessary
documents on behalf of the City.
PASSED AND ADOPTED this ./~ day of ~'~L~--- , A.D. 1991.
ATTEST:
~/ City Clerk
582
On motion of Commissioner McClanahan, seconded by Commissioner Thomas and carried
by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
Resolution No. 1599 was read and adopted.
follows:
Said resolution being in words and figures as
RESOLUTION NO. 1599
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SANFORD, FLORIDA AUTHORIZING THE NEGOTIATION OF A LOAN
IN AGGREGATE AMOUNT NOT TO EXCEED $4,983,000 FROM THE
DEPARTMENT OF ENVIRONMENTAL REGULATION OF THE STATE OF
FLORIDA; APPROVING THE EXECUTION AND DELIVERY OF A STATE
REVOLVING FUND LOAN AGREEMENT; PROVIDING CERTAIN OTHER
MATTERS IN CONNECTION WITH THE MAKING OF SUCH LOAN; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Sanford, Florida (the "City") has made application
to the State of Florida Department of Environmental Regulation (the
"Department") for a loan for a project more fully described herein; and
WHEREAS, pursuan~ to Section 403.1835, Florida Statutes, the Department
is authorized to make loans to local government agencies to finance or
refinance the construction of wastewater pollution control facilities; and
WHEREAS, it is hereby determined that a need exists to borrow funds
(the "Loan") to finance the cost of the acquisition, construction and
equipping of the qualifying project described in the Loan Agreement referred
to in Section 2 of this Resoiution (the "Project"); and
WHEREAS, it is determined to be in the best interest of the City to
borrow funds from the Department to finance the cost of the acquisition,
construction and equipping of the Project.
BE IT RESOLVED BY THE PEOPLE OF THE CITY OF SANFORD,
NOW THEREFORE,
FLORIDA, as follows:
SECTION 1. Due
lower interest rates
to the ability of the City to receive the benefit of
from the Department as opposed to other sources of
funds, it is hereby determined that it is in the best interest of the City
that the Loan to the City be made as opposed to the City borrowing funds
pursuant to a public sale.
SECTION 2. The Mayor, the City Manager and the Clerk are hereby
authorized and directed to execute and deliver a State Revolving Fund Loan
Agreement (the "Loan Agreement"), to be entered into by and between the City
and the Department in substantially the form attached hereto as Exhibit A
with such changes, insertions and omissions as may be approved by the Mayor,
the City Manager and the
evidence of such approval.
SECTION 3. The amount
Clerk, the execution thereof being conclusive
of the Loan of the City ~videnced by the Loan
Agreement shall not exceed $4,983,000.
MINUTE S 5 8 3
City Commission, Sanford, Florida
~ay 13,
19 91
follows:
SECTION 4. Pursuant
hereby authorized to grant
subordinate lien on the Net
such Loan Agreement, the City shall and is
to the Department a )unior, inferior and
Revenues of the System payable solely from
amounts deposited and to be deposited in the subordinated Debt Service Fund
created pursuant to Resolution No. 1423 of the City, as amended and
supplemented (collectively, the "Bond Resolution"). The Loan evidence by
such Loan Agreement and all obligations of the City pursuant ~o such Loan
Agreement, including the lien on the Net Revenues of_the System provided for
in such Loan Agreement, shall be junior, inferior and subordinate in all
respects to the lien thereon of the holders of any Bonds 'issued pursuant to
the Bond Resc!ution and any additional Parity Obligations issued in
conformance with the terms of such Bond Resolution.
SECTION 5. Ail capitalized undefined terms used herein shall having
the meanings set forth in the Bond Resolution.
SECTION 6. The Mayor, the City Manager and the Clerk or any other
appropriate officers of the City are hereby authorized and directed to
execute any and all certificates or other instruments or documents required
by the this Resolution, the Loan Agreement or any other document required by
the Department as a prerequisite or precondition to making the Loan, and any
such representation made therein shall be deemed to be made on behalf of the
City. All action taken to date by the officers of the City in furtherance
of the making of the Loan is hereby approved, confirmed and ra:ified.
SECTION 7. This Resolution shall take effect immediately upon its
adoption.
PASSED AND ADOPTED on this day of , 1991.
CITY OF SANFORD, FLORIDA
ATTEST:
~ity Clerk
~/ Mayor
i~""t6:4~he City~'db~ission of the City
of Sanford, Florida
The Commission next considered board appointments/re-appointments/resignations as
cemetery Advisory Board: City Clerk reported that a vacant term expired March
10, 1991, and that the Cemetery Advisory Board recommends the appointment of
Patricia Speer, 106 Virginia Avenue, for term to expire March 10, 1994.
Commissioner Howell moved to appoint Patricia Speer, 106 Virginia Avenue, to
the Cemetery Advisory Board, for term to expire March 10, 1994. Seconded by
Commissioner Eckstein and carried by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
584
MINU S
City corhmission, SanfOrd, Flo~al
May
-' i991
April 18,
Be
Sanford Housing Authority: City Clerk reported that Teri Buratti submitted
her resignation dated April 18, 1991, effective immediately, and that her
term expires May 20, 1991.
Commissioner Howell moved to accept Teri Buratti's resignation, thanked her
for service on said Committee, and to appoint Robbie Robertson to the Sanford
Housing Authority for the remainder of the term, plus the new term. Seconded
by Commissioner McClanahan and carried by the vote of the Commission as
follows:
Ce
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
Citizens' Advisory Commission on Transportation: City Clerk reported that
Teri Buratti submitted her resignation dated April 18, 1991. Commissioner
McClanahan moved accept Teri Buratti's resignation, and thanked her for her
service on said Committee. Seconded by Commissioner Howell and carried by
the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
Recommendations submitted from Planning and Zoning Commission Meeting of Thursday,
1991, as follows:
FROM THE LAND DEVELOPMENT COORDINATOR
Apri/ 24, 1991
TO:
SUBJECT:
City Clerk~
Regularly Scheduled Meeting of the Planning and Zoning Commission,
Thursday, April 18, 1991 at 7:00 P.M. in the City Commission Chambers,
City Hall, Sanford, Florida
RECOMMENDATIONS
Unanimously recommended the approval of the request for a Conditional Use for
property located at the intersection of 25th Street (46A) and Airport Blvd. in a
GC.2, General Commercial Zoning District, for the purpose of the sale of alcoholic
beverages (beer and wine) for consumption on premises with a 90 seat restaurant
and pub.
Owner: Doyle Blake Ent., Inc.
Representative: Doyle Blake
By a vote of four to three recommended the approval of the request-for a
Conditional USe for property located at the corner of park Avenue and 25th Street,
2481 Park Avenue, in a GC-2, General Commercial Zoning District, for the purpose
'of the sale of alcoholic beverages (beer and wine) for consumption on premises
with a 42 seat restaurant.
Owner: Steven Hardin/Joseph Elbanna
Representative: Joseph Elbanna
There was discussion from the adjacent residential property owners concerning
noise and trash. Mr. Elbanna agreed to have a fence installed around the
dumpster if littering was a problem.
MINUTES
City Commission. Sanford, Florida
~ay 13,
585
19 9]
On recommendation of Planning and Zoning Commission, Commissioner McClanahan moved
to approve sale of Beer and Wine for COP (Class 5) at both locations as described in Items
(1) and (2), above. Seconded by Commissioner Eckstein and carried by the vote of the
Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
The next item of business was consideration of an ordinance to establish the City
as the unified Solid Waste Management and Recycling provider within the City. On
recommendation of City Manager, Commissioner Howell moved to authorize City Attorney to
prepare the proper ordinance for same.
vote of the Commission as follows:
Seconded by Commissioner Thomas and carried by the
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
The Commission acknowledged one lump sum contract invoice in amount of $18,508.49
approved for payment.
The next item of business was consideration of an ordinance to create Stormwater
Utility. On recommendation of City Manager, Commissioner Eckstein moved to authorize City
Attorney to prepare the proper ordinance for same. Seconded by Commissioner Thomas and
carried by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Nay
The next item of business was consideration of acquisition of the ZOM Property for
a Reclaimed Water Irrigation Facility/Park Site. On recommendation of City Manager,
Commissioner McClanahan moved to direct Staff to "opt out" of said contract, and authorized
the Mayor to execute appropriate documentation regarding same. Seconded by Commissioner
Thomas and carried by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
The Commission next considered Consent Agenda items as follows:
A. Requests for payment of statements.
(1) From Jammal & Associates for:
Contamination Assessment at Police Department Site .... $ 8,623.00
(a)
(b) UST Leak Soil Initial Remedial Action at Civic Center.$ 630.00
(c) Master Wastewater Pump Station ........................ $ 458.00
(d) Car, Utility Department Site .......................... $ 277.50
(2) From City Attorney for Professional Services for the
B. (1)
month of April, 1991 ....................................... $ 3,140.50
Bid ~90/91-36, Fitness Equipment, (Fire Department). Memo and bid
tabulation submitted as follows:
,586
MINU S
City Commission, Sanford, Florida
May !3,
19 91
City of Sanford
Fire Department
TO: City Manager ~
FROM: Assistant Fire chief R.M.Neel f~ ~L--
DATE: 05./02/91
SUBJECT: Bid #90/91-36 (Fitness Equipment)
The Fire Department recommends that the City accept the bid which
meets specifications from Fitness Showcase in the amount of $2,270.
for fitness equipment. The reasons are as follows:
1. Low bidder, Buckeye Barbell, provided no support information
to indicate compliance with specifications.
2. The low bidder does not have a local office or representative
to service or set up the equipment.
Funds are available in account #001-0000-594-03-00.
Office Memorandum
BID TITLE_
90/91-36
BID NUMBER
OPENING DATE_03/28/91 TIME 2:00
BID TABULATION
FITNESS EQUIPMENT r~,~ ~ ~,~. ^ P~m~ ~,~,,, ~z ~,~ ~m~
OPENED BY: WALTER SHEARIN
TABULATED BY: D.J.LUCE, LT.
VERIFIED BY:
POSTING TIME/DATE FROM: ; / ,,.UNTIL__ ,/ .PAGE_ ] OF ~ PAGE(S}
' MULTI USE WIND WALK
BIDDERS TERMS MACHINE MACHINE DELIVERY ',
,-SeH"~:'EI~F~,, ~~ ~ ,~~~ 30 DAYS '
WORTHINGTON ~ , 695. , 289. 24.9. ''
~ I
I
¢ .o
. I
REMARKS: CI,~CLgD PRICg INDICATES AWARD
001-0000-594-03-00
7 REQUESTS - 2 RESPONSES
City Manager recommended acceptance of low bid, meeting specifications,
from Fitness Showcase in amount of $2,270.00. (Lower bidder provided no
support information to indicate compliance with specifications, and has
no local office or representative to service or set up the equipment.)
MINUTES
City Commission, Sanford, Florida
May 13,
587
_ 19 91
(2) Bid #90/91-39, Interior Refurbishment of two Groundwater Storage Tanks,
(Utility Department). Memo and bid tabulation submitted as follows:
May 3, 1991 ~~~
To: City Manager
From: Utility Director
Re:
Bid #90/91-39 Interior Refurbishment of
Two (2) Ground Storage Tanks (Water)
Bill -
On 04/30/91, bids were opened for the interior refurbishment of
two (2) prestressed concrete water storage tanks. One tank is
located at our Main Water Treatment Plant - Golf Course (north
tank) and one is located at our Number 2 Plant (north tank) on
Highway 17-92 south of Airport Boulevard. The work involves
cleaning, minor concrete patching and painting the interior of
the tanks.
Bid packages were mailed out to 21 contractors with 10 responses.
The attached bid tabulation lists the various contractors with
their associated bid prices.
The low bid came in substantially below original estimates and
over $9,000 less than the next lowest bid. The low bidder,
Victory Painting from Tarpon Springs, did not visit the site
before they submitted their bid. They did come out on 05/01/91
to inspect the job. The owner, Mr. Elenis, after inspecting the
job stated that he did not include painting the baffle wall in
his original price but will perform all the work as specified at
their bid price.
Due to the nature of this project and the potential for poor
quality work, it is recommended that the City hire an outside
professional inspector to ensure that the contractor meets
specifications. Cost for this type of inspection is
approximately $4,000.
It is recommended that this bid be awarded to the low bidder,
Victory Painting, in the amount of $39,444.00 and that an outside
inspector be hired for approximately $4,000.
Funds for this work are available in account numbers
451-4521-536-46-04 ($30,000) and 451-4522-536-46-04 ($30,000).
PM/dh
Attachment
,'2,~ GROUND STORAGE TAN~ ·~'' · r%~ ~ L~-% i I~1~ "Walter She~rin
TWO
~ID TITLE ,,~,,~,~,m~,.,~ ~ OPENED BY: ...........
BID NUMBER 90/91-39. mma~.~,~,,,,~,~r5 'TABULATED BY:.Paul Moore
OPENING DATE 04~30101TIME .2,00 D.m~~a~m~m~-~ VERIFIED BY: Jim. Cohen
POSlING TIME/DATE FROM:~ / UNTIL /. , PAGE ~ OF "~ PAGE{SI
BIDDERS TERMS ~K, 1 ~..2 TOTA~ START DAT~ COMPLETE
Lynch Construction
Orlando $1%194.20 $22,194.20 $39,388.4C 30 days 30 days
Ridge Painting Co.
Lake Alfred 20,932.00 27,280.00 48,212.0C May. 15 Aug. 15
Hi Line Contractors
Orlando . 20,092.00 .26,096.0C 46,188.0( Mayl5 June 15 . ..
Monoko, Inc.
Tarpon Springs 19,442.00 22,441.0C 41,883.0( May 15 July 15
10 'days
WinterNati°nalspringsBridge Paint:~g 1~,735.00 20,100.0~ ....... 34,835.0( After~' 30 da_~s
~icto~7 Painting ~
%~T~_arpon Sp...rin3s _.~ 10,375.0.0 9,069.0C ~ ilO.days 30 days ....
Sieg & Sons, Inc.
Deland ~ 12,776.00 15,776.0C 28,552.0( As needed 30 days
Service Painting
· Orlando . 23,500.00 30,900.0C 54,400.0( June 3 August 9
1 C~ Enterprises
Apopka 14,777.00 15,777.0C 30,.554.0( 30 days ,90 days
Frontier Enterprises
Tarpon Springs 21,863.10 34,241.4C 56,104.5( Irm~diatel ~30 days
21REQUESTS-10RES~ES
~J~DSAVAILABLE IN ACCOUNTS~ 451-4521-536-46-04 & 451-4522-536-46-04
City Manager recommended acceptance of lowest bid, from Victory Painting'~-
in amount of $19,444.00, and authorization to hire outside inspector in
amount of approximately $4,000.00 to ensure that contractor meets
specifications.
588
]%/I'T"I%TT T~ ~ .............. ' :'-
.,LV.~.,~.A · ~ ..L ~ k,~
City Commission, Sanford, Florida
(3) Bid ~90/91-41, Roof Repair - Fort Mellon Picnic Pavilion, (Parks
Department). Memo and bid tabulation submitted as follows:
MS~ORANDUM DATE: May 1, 1991
Direct°r °f Parks ~' ~
TOT: City Manager ~'~' '
SUBJECT: City of Sanford Bid 90/91-41
RE: Roof Reapir Ft. Mellon Picnic Pavillion
Director of Parks recc~mends award of bid in the amount of $2,400.00
to Big Oak Construction of Sanford as low bidder and meeting specifications.
Amount: Budgeted $2,500.00
Acct. 001-5051-572-62-00 Buildings
JRJ/kvo
Copy: Walter Shearin, Purchasing Agent
BID 'I"ABULATIO N
lie TITLE R._i_~f Repair (Ft._MaliGn Park) .~,~A~l~lm~z~aoum OPENED
llf2NUMBER 90/9L-.41 ..... ru~,r,t,~.~u,~-..n~r.n~r~ TABULATED BY: am ~ern±qan
'GIFTING TIME/DATE FROM: .... · .... /- UNTIL,, / J~AGE-_ ..... OF ' PAGE(S)
BIDDERS TERMS AMOUNT START COMPLETE
A~ cock
~ nford, FL 3400.00 May 13 May 17
I S~nford, FL 2400.00 , ~. 15 days " ,,
T( am Construct%on -- ,
~2 tamonte Spgs, FL 2617.00 May 15 May 20
A~ plied Rite
S~ nford, FL N/B
REIIARK$: CX. ICLID PI~XCIt INDICATES AWARD
8 ReqUests - 4 Respo~pses .
Amount Appropriated in Budget $2,500.00
Acct.# 001-5051-572-62-00 Buildings '-
City Manager recommended acceptance of lower bid., which met
specifications, from Big Oak Construction in amount of $2,400.00.
MINUTES
City Commission, Sanford, Florida
589
19 9]
C., Approval of Vouchers for the month of April, 1991.
D. Approval of Minutes of April 22, 1991 Work Session, and April 22, 1991 Regular
Meeting.
On motion of Commissioner Thomas, seconded by Commissioner McClanahan and carried
by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
the Commission:
A.
B.
Approved payment of statements (1) through (2). ~
(1) Accepted low bid, meeting specifications, from Fitness Showcase ina mount
of $2,270.00.
(2) Accepted lowest bid, from Victory Painting in amount of $19,444.00, and
authorized Staff to hire outside inspector in amount of approximately
$4,000.00 to ensure that contractor meet specifications.
(3) Accepted lower bid, which met specifications, from Big Oak Construction
in amount of $2,400.00.
Approved Vouchers for the month of April, 1991.
Approved Minutes of April 22, 1991 Work Session, and April 22, 1991 Regular
Meeting.
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
Commissioner Thomas reported that a light is needed at 9th Street and Holly Avenue
to Pecan Avenue and 8th Street. City Manager reported he will review and provide an
inventory of lights in the area, and recommendation regarding same.
City Manager reported that the Rotary Club has requested a waiver of Civic Center
rental fees, and required two-off duty police officers, for an installation banquet on June
24, 1991.
On recommendation of City Manager, Commissioner Eckstein moved to deny request to
waive Civic Center rental fees; Rotary Club to pay alcoholic beverage rate in amount of
$550.00, and to require hiring one off-duty police officer. Seconded by Thomas and carried
by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
The next item of business was consideration of a request to purchase (6) six
additional police cars. On recommendation of City Manager, Commissioner Eckstein moved to
authorize the purchase of (6) six additional police cars; (4) four or (5) five to be
purchased with available COP interest funds for FY 1991/92, in amount not to exceed
$60,000.00, as allowed under Section 3.4 of the Lease Purchase Agreement; the balance to be
funded from a portion of surplus monies in police budget, and law enforcement trust fund, and
authorization to amend the Project Equipment List "Exhibit B". Seconded by Commissioner
Thomas and carried by the vote of the Commission as follows:
590
City Commission, Sanford, Florida
Iqay 1L
~99!
On request and recommendation of City Manager, Commissioner Thomas moved to
authorize Staff to begin procurement procedures to purchase equipment for Solid Waste
Management, with total acquisition in amount of $384,410.00. Seconded by Commissioner Howell
and carried by the vote of the Commission as follows:
Mayor Smith Aye
Commissioner Eckstein Aye
Commissioner Thomas Aye
Commissioner McClanahan Aye
Commissioner Howell Aye
There being no further business,
Attest:
the meeting was ~djgurned.g ~,
t~'A ~.,j 0 'R '