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02133962 MINUTE'S CITY COMMISSION, SANFORD, FLORIDA, Feb. 13 at 7: 30 P M 1 9_19 The City Commission of the City of Sanford, Florida., met in regular session at the City Hall in the City of Sanford, Florida, at 7:30 o'clock P.M. February 13, 1939• Present: Commissioner Edward Higgins, Mayor. " Walter S. Coleman " H. James Gut If M.J.Lodge If G.E.Rollins City Attorney Fred R. Filson. City Clerk F.S. Lamson Chief of Police R.G.Williams Meeting called to order by the Chairman. Minutes of regular meeting of January 23rd. and special meeting of February 2nd. 1939 read and approved. Current invoices and payrolls for the month of January , 1939 properly audited and vouchered as evidenced by vouchers Nos. 636 thru 745, submitted, examined, approved and payment authorized. Monthly reports of the Streets, Sanitation, Health, Water, Police, Fire and Library Departments for the month of January , 1939, submitted and examined. Financial statement and statement of revenues and expenditures during the month of January 1939, submitted and examined. Bank statements in all accounts for the month of January 1939, properly reconciled, submitted and examined. Bids next received for lumber required for constructing the bleachers at the Municipal Athletic Field, in accordance with plans and specifications prepared by architect E.J.Moughton, as follows: No. 1 using long leaf yellow pine SPA Grade marked Alternate No. 1 , using Celcure Processed lumber. Alternate No. 2, using redwood Hill Lumber & Supply Security Lumber United Lumber Yard & Supply Yard Company $305.74 $328.0 $300.11 377.25 354 75 684.06 641.50 624.94 Thereupon, after consideration of the various types of lumber specified, Commissi Gut moved that Celcure processed lumber be used in the construction of these bleachers, and that the low bid be accepted. Seconded by Commissioner Coleman and carried. Bids next presented for furnishing the bolts, washers and nails for the bleachers, in accordance with specifications prepared by architect Moughton, as follows: Stanley- Rogers Hardware Co. Emerick Hardware Company Hill Hardware Company Sanford Machine Co. 25.62 27.76 31.98 Incomplete Thereupon Commissioner Rollins moved that the low bid be accepted. Seconded by Commissioner Gut and carried. Bids next presented for furnishing three rolls of 72" - 2" mesh, r14ae, 14 gage wire netting for the grandstand at the municipal athletic field, and as alternate, 3 rolls of 72" electrically welded wire, No . 11 gage, as follows: u Stanley- Rogers Hard- ware Co. 14 gage netting 11 gage ( alternate) $67.50 Emerick Hardware Co Hill Hardware Co. $77.61 $64.77 87.32 1 i" 1 1 1 1 i 1 1 MINUTES CITY COMMISSION, SANFORD, FLORIDA, Feb_13 at 2:30 P M 19—.39 Thereupon, after comparison of the bids and the quality of the two types of wire bid upon, Commissioner Lodge moved that the bid of Hill Hardware Co. to furnish 3 rolls of 11 gage wire for $87.32 be accepted. Seconded by Commissioner Rollins and carried. The following bids next presented for furnishing all materials and labOr'for installing the plumbing in the restroom being constructed adjacent to the shuffleboard CD courts at Second St. and Palmetto Ave, and on motion duly adopted, the awarding of the contract to the low bidder, Lee Brothers, for $224.00 was approved: Lee Brothers $224.00 W.J.King 237 7 Howard C. Long 248.0 A D Rosier 252.52 Request next received from Dick Mason, representing the High School Annual, the Salamagundi, that the City place an advertisement in this year's issue as has been done in previous years, and on motion duly adopted a one — fourth page advertisement was authorized to be placed in this year's issue of the Selamagundi at a cost of $12.00 In connection with interest due March lst, 1939, on Series A and B Refunding R:3 Bonds, and on advice from the Clerk that sufficient funds are on hand for the purpose, Commissioner Coleman moved that the Clerk be authorized to transmit to the Central Hanover Bank & Trust Company, New York City, funds in an amount sufficient to pay interest coupons due March 1, 1939, bn the outstanding Series A and B refunding bonds, dated March 1937• Seconded by Commissioner Rollins and carried. Recommendation next received from the Committee appointed to investigate the operation of the Municipal Golf Course , as follows: That the City take over the maintenance of the golf course as a part of the City's park system, under the supervision of Sup. Moughtoh. Sanford CountryjClub to continue to direct play and increase interest in the Golf Course. A.R.Fort to be retained as manager at a salary of $75.00 per month, together with living quarters in the club house and any concessions such as golf equipment, refreshments etc. All greens fees and memberships collected to be paid to the City. Mr. Fort to be placed under a $1000.00 surety bond. The machinery and equipment at the golf course to be appraised at its present value and Mr. Fort be reimbursed to the extent of such appraisal provided such amount does not exceed a deficit incurred by Mr Fort in the purchase of this equipment; otherwise Mr. Fort to be reimbursed for the amount of this deficit. This plan to be effective as of Feb. 1, 1939• Report then received from Mr. Fort as of January 31st. 1939, showing a deficit of $457.18; also appraisal of the value of the equipment amounting to $686.00 Thereupon Commissioner Rollins moved that the recommendation of the Committee be accepted and that Mr. Fort be reimbursed the amount of his deficit $457.18 Seconded by Commissioner Gut and carried. Mr Fort next reported the need for hose and sprinklers for the additional nine holes at the golf course and same was referred to Supt. Moughton. In connection with the new brace needed by fir Fred Hogan, the Clerk next reported of information from Dr. Fort in Jacksonville that the cost of such a brace should be approximately $50.QO. Thereupon Commissioner Coleman moved that Mr. Hogan be authorized to go to Jacksonville to be examined by Dr. Fort and fitted with a new brace for his leg. R � MINUTES CITY COMMISSION, SANFORD, FLORIDA, February 13 at 7: 30 PIID__3 Seconded by Commissioner Lodge and carried. On motion duly adopted, authority was next granted allowing access by out -going City Clerk Lamson and in- coming City Clerk Sayer to the Safety Deposit boxes at the Sanford Atlantic National Bank for purposes of verifying the bonds deposited therein. Consideration next given to the matter of POSTING or ADVERTISING the 1935 Delinquent Real Estate Tax list. Thereupon , on motion duly adopted the 1935 delinquent real estate tax list was ordered POSTED in accordance with the terms of the Charter, as amended. Communication next read from "..McKee, President of the Business & Professional Men's Association, containing a request of .that organization that the recent decision of the Commission not to lease City owned property on the Lake Front for a combine cabin and trailer camp, be reviewed. Matter taken under consideration.. Report of Fire Chief Cleveland for the year ending December 31, 1935, next presented. and read. Communication next read from Municipal Judge Miller recommending the parole of W.P. Bullard, convicted on January 16, 1939, of operating a motor vehicle while under the influence of intoxicating liquor, Case No 25291, and on motion duly adopted, recommendation. approved. Comm ssiohi�r: <Gut next reported on the recreational activities being conducted under the supervision of the Recreational Committee of the Chamber of Commerce in the City Hall Auditorium, and called attention to the need for an additional rest room in the auditorium. Thereupon Commissioner Lodge moved that Commissioner Gut and Mr Moungton be author- ized to have an additional rest room constructed in the City Hall auditorium, the estimated cost being between $125.00 and $150.00. Seconded by Commissioner Rollins and carried. NYA application covering the construction ( except lighting equipment) of three tennis courts adjacent to the Municipal Water Plant next presented, the project contemplating the expenditures of $659.60 Federal Funds and $837.50 Vnnsor's funds. Thereupon , upon assurance of Commissioner Gut that the Sanford Tennis Club is prepared to assume the sponsor's share of the cost of this project, with the exception of expenses of e tractor, roller and truck, set up in the project at a total of $115.00 , Commissioner Lodge moved that the application be approved and the Mayor authorized to execute same on the part of the City. Seconded by Commissioner Coleman and carried. On motion duly adopted, and on recommendation of Inspector Paxton, the Commission next approved a permit for the removal of old dilapidated building located at 1325 Mellonville Avenue. f iled: Applications for employment next received from the following, same being ordered Mrs Eunice B. Shaffer , in the Clerk's office. Edgar W. Biggers, Sanitary inspector G.C.Fellows, Sanitary inspector F.B.Dyson , Sanitary inspector W.M. Benton in the police department. Applications next received from H.E. Lee to transfer license for selling beer and wines from 508 Sanford Avenue to 300 Sanford Avenue, and L. C.Thomas for permit to sell beer 1 r I 1 D 1 D 1 MINUTES � y CITY COMMISSION, SANFORD, FLORIDA, Feb. 13 at 7:30 P M 19 39 and wines at Elk's Cafe Bldg. E. 7th St. between Cypress and Pine Avenues, and on recom- mendation of Chief of Police Williams, same were approved. The Clerk next reported that old street paving lien amounting to $636.35 against Block 2 Tier 2 dated June 20, 1910, for paving on Palmetto Avenue, stands open on the City's records, buth that the records in the County Clerk's office show this lien paid, as evidenced by Satisfaction dated November 21, 1914 and filed November 24, 1914 . the City. Thereupoh Commissioner Gut moved that this lien be canceled on the records of Seconded by Commissioner Lodge --rfnd carried. On recommendation of Chief of Police Williams, Commissioner Rollins next moved that the $50.00 balance of the fine against R.N.Windha.m in the Municipal Court under date of April 20, 1937, Case No. 23357, be suspended. Seconded by Commissioner Lodge and carried. Consideration next given to the survey of the City owned clay pits property by Engineer Fred T. Williams, this work having been done to assist Supt Moughton to determine where to place the fence around these pits heretofore authorized. Thereupon, on agreement with Mr. Williams, Commissioner Rollins moved that he be paid $25.00 for this work. Seconded by Co:f,missioner Coleman and carried. Further consideration next given to proposal submitted by R.C.Whitten at meeting of Lecember 29th. 1935, to deed to the City Lots 1 thru 12 of Spurlings Plat of Block 15 Chapman & Tucker's Addition in exchange for a release of the City taxes against Neave's Subdivision of Block 21 Chapman & Pucker's Addition. Commissioner Gut then submitted for Mr. Whitten, a revised proposal a.s follows: Mr Whitten to pay the 1937 and 1935 taxes, including interest on Block 21 in-.equal monthly instalments, the full amount to be paid by Sept 302 1939, the unpaid balance of the amount due for 1937 and 1935 remain- ing from time to time to draw interest at 5 per cent per annum; Mr. 17#'hitten to settle all State & County taxes against Lots 1 thru 12 under the provisions of the Murphy Act; In exchange for deed to Lots 1 thru 12 and the payment by Mr Whitten, as outlined, the City to release all City taxes for 1936 and prior against Block 21. cepted. Thereupon Commissioner Coleman moved that Mr. Whitten's revised proposal be ac- Seconded by Commissioner Lodge and carried. The Clerk next reported that for the years 1936,1937 and 1935, Lots 6 and 7 of Block 9 Tier D, had been assessed as improved, whereas the buildings had been removed and they should have been assessed as unimproved. Thereupon , in order to correct this error in assessment, Commissioner Rollins moved that the 1936 taxes against each of these lots be adjusted to $5.10 the 1937 taxes to $510 and the 1935 to $.4.06, the balance to be canceled. Seconded by Commissioner Coleman and carried. Commissioner Coleman next introduced Ordinance No. 275 entitled: AN ORDINANCE PROVIDING FOR THE CLEANLINESS OF STREETS, ALLEYS AND PREMISES IN THE CITY OF SANFORD, FLORIDA, AND IMPOSING CERTAIN DUTIES AND CONFERRING CERTAIN POWERS UPON THE CHIEF OF PHE FIRE DEPARTMENT IN RELATION THERETO, AND PROVIDING A PENALTY FOR VIOLATION OF THIS ORDINANCE. and same was placed on its first reading and read in full by the Clerk. Thereupon Commissioner Coleman moved that the rules be waived and said Ordinance No. 275 be placed upon its final passage and adoption. Seconded by Commissioner Rollins. MINUTES CITY COMMISSION, SANFORD, FLORIDA; Feb. 13, 7:30 P M 19 39 Thereupon the question recurred upon the waivure of the rules, the roll was called and the vote stands as follows: Commissioner Hi -gins Aye " Coleman Aye " Gut Aye If Lodge Aye it Rollins Aye Thereupon said Ordinance No. 278 was placed upon its final passage and adoption. The roll was called and the vote stands as follows: Commissioner Higgins Aye " Coleman Aye " Gut Aye " Lodge Aye Rollins Aye Thereupon the Chairman announced that the City Commission of the City of Sanford Florida, by unanimous vote, had passed and adopted Ordinance No. 278 entitled: AN ORDINANCE PROVIDING FOR THE CLEANLINESS OF STREETS , ALLEYS AND PREMISES IN THE CITY OF SANFORD, FLORIDA, AND IMPOSING CERTAIN DUTIES AND CONFERRING CERTAIN POWERS UPON' THE CHIEF OF THE FIDE DEPARTMENT IN RELATION THERETO, AND PROVIDING A PENALTY FOR VIOLATION OF THIS ORDINANCE. On motion duly adopted, Ordinance No. 278 was then ordered PUBLISHED in the Sanford Herald. CommissionerGut next introduced Ordinance No. 279, entitled: AN ORDINANCE FORBIDDING THE BURNING OF CERTAIN COMBUSTIBLE MATERIALS AT CERTAIN PLACES WITHIN THE CITY OF SANFORD, FLORIDA, EXCEPT AS HEREIN PROVIDED, AND PROVIDING A PENALTY FOR THE VIOLATION OF THIS ORDINANCE. and same was placed on its first reading and read in full by the Clerk. Thereupon.Commissioner Gut moved that the rules be waived and said Ordinance No. 279 be placed on its final passage and adoption. Seconded by Commissioner Rollins. Thereupon the question recurred upon the waivure of the rules. The roll was called and the vote stands as follows: Commissioner Higgins Aye it Coleman Aye if Gut Aye " Lodge Aye Rollins Aye Thereupon said Ordinance No. 279 was placed on its final passage and adoption. The roll was called and the vote stands as follows: Commissioner Higgins ri Aye It Coleman Aye It Gut Aye if Lodge Aye If Rollins Aye Thereupon the Chairman announced that the City Commission of the City of Sanford Florida, by unanimous vote, had passed and adopted said Ordinance No. 279 entitled: AN ORDINANCE FORBIDDING THE BURNING OF CERTAIN COMBUSTIBLE MATERIALS AT CERTAIN PLACES WITHIN THE CITY OF SANFORD, FLORIDA, EXCEPT AS HEREIN BROVIDED, AND PROVIDING A PENALTY FOR THE VIOLATION OF THIS ORDINANCE. On motion duly adopted, Ordinance No. 279 was then ordered PUBLISHED in the Sanford Herald. Commissioner Gut next introduced Resolution No. 550 and after being read in full by the Clerk, moved its passage and adoption. Seconded by Commissioner Coleman and carried by the following vote of the Commission: Commissioner Higgins Aye If Coleman Aye if Gut Aye If Lodge ca Aye Rollins Aye 1 1 1 C 1 1 1 MINUTES CITY COMMISSION, SANFORD, FLORIDA, Feb. __13, at 7:30 P M 19 said resolution No. 550 being in words and figures as follows: RESOLUTION No. 550 A RESOLTTION OF THE CITY COMMISSION OF THE CITY OF SANFORD, FLORIDA, OPPOSING THE PASSAGE BY THE CONGRESS OF THE UNITED STATES OF SENATE BILL NO 286 TO IMPOSE A TAX OF THREE CENTS A GALLON UPON FUEL OIL USED FOR CERTAIN PURPOSES. WHEREAS, there has been introduced into the Congress of the United States Senate Bill No. 286 to impose a tax of three cents per gallon on the sale of fuel oil for the generation of heat or power, to be paid by the seller; and WHEREAS, the tax proposed to be imposed by said Senate Bil1No. 286 would be passed on to the consumer of the fuel oil subject to such tax and would impose an additional financial burden upon municipalities in the performance of their municipal functions which require the use of fuel oil for the generation of heat or power; and WHEREAS, many municipal corporations throughout the country use a large quantity of fuel oil for the generation of heat or power and many of such municipal corporations e7 are in financial distress and the imposition of said additional tax would greatly increase their financial burdens: Florida. NOW THEREFORE, BE IT resolved by the City Commission of the City of Sanford, That the Congress of the United States be and'it is hereby requested not to pass said Senate Bill No. 286 and that the delegation in Congress from the State of Florida be requested to use their efforts to prevent the passage of said bill. BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to Honorable Charles 0 Andrews and Honorable Claude Pepper, United States Senators, and Honorable Joe Hendricks, Representative from the Fifth Congressional District of Florida. -1( BE FURTHER RESOLVED that this resolution shall become effective immediately upon its passage and adoption. ADOPTED this 13th day of February 1939- Attest: F.S. Lamson City Clerk. ( seal) Edward Higgins Mayor Walter S. Coleman H. James Gut M.J.Lodge G.E.Rollins As the City Commission of the City of Sanford, Florida. Commissioner Lodge next introduced Resolution No. 551 and after being read in full by the Clerk moved its passage and adoption. Seconded by Commissioner Gut and carried by the following vote of the Commission: Commissioner Higgins Aye if Coleman Aye it Gut Aye it Lodge Aye If Rollins Aye said Resolution No. 551 being in words and figures as follows: RESOLUTION No. 551. RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SANFORD, FLORIDA, RELATING TO FEDERAL TAXATION OF MUNICIPAL , COUNTY AND STATE REVENUES, BONDS AND SALARIES. WHEREAS, the federal government contends, under the decision by the United States Supreme Court in Helvering vs. Gerdhardt: " That the pringi a off imm n't r ?t�egtded Jhe Federal Government against taxatioRi Iy the s a e �u 1 no necessarily shield the �R MINUTES CITY COMMISSION, SANFORD, FLORIDA, Feb, 13 at 7:30 P M1 9_39 states against the exercise of the delegated and supreme, taxing power of the central government." and WHEREAS, the federal government now claims the power to tax the outstanding issues of municipal and county bonds, as well as future municipal and count/ bond issues, and WHEREAS, the federal government also claims the power to impose the federal corporate income tax on the revenues of state, county and municipal agencies, such as power, lights and gas, toll bridges, water supply and other revenue producing functions, and WHEREAS , the federal government further claims the power to tax the salaries of municipal, county and state employees, and such employees are faced with the imme- diate danger of being required to pay a federal income tax on their salaries earned for every year back to 1926; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SANFORD, FLORIDA, that if municipal, county and state securities are to be taxed by the federal government the consent of the states should first be obtained through a constitutional amendment, permitting the reciprocal taxation of federal securities in the State, and including an absolute prohibition against any federal taxation of any of the revenues of the states, counties and municipalities, and their respective agencies, and BE IT FURTHER RESOLVED that congressional legislation should be passed at present session of Congress to prevent the retroactive application of any federal tax upon the officers and employees of municipalities, counties and states, and their respective sub - divisions and instrumentalities, and BE IT FURTHER RESOLVED that the financial loss to local units of government and their agencies through any federal tax upon their bonds and securities and the salaries of their officers and employees should be offset by making adequate provision for local taxation of federal property, or service charges in lieu thereof, or for a municipal share of federally collected income taxes, or otherwise, and BE IT FURTHER RESOLVED that a copy of this resolution be sent to each senator and representative of Florida in Congress, and to the Council on State Defense, whose objectives are hreby endorsed insofar as they coincide with the objectives of this resolution. BE IT FURTHER RESOLVED that this resolution shall become effective immediately upon its passage and adoption. Passed and adopted this 13th day of February 1939. Attest: F . SLamson City Clerk ( Seal) Edward Higgins M J Lodge Walter S. Coleman G.E.Rollins H Jame Gut As the City Commission of the City of Sanford, Florida. �I �J L MINUTES CITY COMMISSION, SANFORD, FLORIDA, Feb. 13, at, 7:30 P M 19 39 Supt. Moughton next requested authority to purchase 30' "live oak " trees to plant in Fort Mellon Park and on motion duly adopted, same was granted. Request next received from Leola. G. Nixon for an extension of time in which to pay the taxes, through 1937 and special assessments, on the adjusted basis, against Lot 3 Block 9 Chapman ' & Tucker's Addition $50.00 having been paid prior to January 1st . , leaving a balance unpaid of $74.39. Request approved and an extension to April 1, 1939, authorized. 6VI) Request next received from G.W. Spencer for Amos Williams, to be allowed to pay balance due, on adjusted basis, of taxes thru 1937 against Lot 10 Block 13 Tr. D. having paid $5.00 during 1935 but thru misfortune had been unable'to obtain the balance necessary until the present time. Request approved. Request next received from Judge Williams to be allowed to pay balance due, Y-" on adjusted basis, of taxes thru 1937 against Lot 4 Block 6 Tier A , in installments of $10.00 per month, having paid $55.00 during 1935, but unable to obtain the full amount by the end of that year. Request approved, provided entire balance paid by Sept 30, 1939, unpaid balance remaining from time to time to draw interest at 5 percent. Request next received from Mima Williams to be allowed to pay balance due, on adjus ed basis, of taxes thru 1937, against lot 7 Block 9 Tier C, in weekly installments, having already paid $20.00 on account Request approved, provided entire balance paid by Sept 30, 1939, unpaid balance remaining from time to time to draw interest at 5 per cent. Request next received from J M Musson to be allowed to pay balance due, on adjusted basis, of taxes thru 1937 and special assessments against Lot 6 Block 5 Tier 1, V in installments, having deposited on authority of the City Commission one City of Sanford bond for a tax credit of $420.00 to apply on such taxes and special assessments. Request approved, provided entire balance paid by Sept. 30, 1939, unpaid balance remaining from time to time to draw interest at 5 percent. Request next received from W.L. Cooper for an extension of 30 days from Jan 31, cl 1939, to pay - balance of $500.00 due on taxes thru 1937, as adjusted, against Lots 6,7 and 5 Block 3 Tier 4, Sanford. Request approved. basis against the S. 50 ft of Lots 6 and 7 Block 7 Tier 4; also special assessment, Request next received from W.A.Fitts to pay $100.00 as an earnest payment on taxes thru 1937, on the adjusted basis, and days time (/ an extension of 90 to pay balance, against Lot 9 Block 3 Tier 5, Sanford. Request approved. Request next received from `Halter L. Cooper, Secy Sanford Building & Loan Assn. to pay $100.00 as an earnest payment on taxes thru 1937 and special assessments, on the adjusted basis, and an extension of 60 days time to pay balance, against Lot 5 Block 14 Tier 5; Lot 31 Beck's Addition, Lot 11 Blk 5 Bel Air; Lot 13 Block 9 Bel -Air; Lot 16 Block 9 Bel -Air and Lots 124 and 146 Sanford Heights. Request approved. ✓ The Clerk next reported that W.E.Watson had delivered check for $25.00 prior to January 31st. to be used to apply on the payment of taxes thru 1937, on the adjusted basis against the S. 50 ft of Lots 6 and 7 Block 7 Tier 4; also special assessment, 7.0 MINUTES CITY COMMISSION, SANFORD, FLORIDA, Feb. 13 at 7 :30 P M X9'39 on the adjusted basis, against Lot 57 Rose Court, with the request that he be given a 30 day extension of time in which to pay the balance. Request approved. Further consideration next given to a rearrangement of the personnel in the office of the City Clerk due to the resignation of City Clerk Lamson and appointment of H.N. Sayer as his successor, effective February 16, 1939• Thereupon, on motion duly adopted the following were authorized; to be effective February 16, 1939: Mr. Allan I Moseley to be employed as Clerk in the Department of Water Utility at a salary of $100.00 per month. Miss Charlotte Smith to be transferred from the Department of Water Utility to assistant to the City Clerk in the Accounting Department, at a salary of $135.00 per month. Salary of City Clerk Sayer to be $225.00 per month. There being no further business, the meeting then adjourned, to meet again at 2 P.M. Feb. 21, 1939• Mayor. Attest: C e rk . I 1 11