072830MINUTES
CITY COMMISSION, SANFORD, FLORIDA,_ Jul 29, at 7:30 P Mi . 19-30-
The City Commission of the City of Sanford, Florida, met in the City Hall at
Sanford, Florida at 7:30 O'Clock P.M. July 28, 1930.
Present: Commissioner H.J. Lehman, Mayor.
If F.L.Miller
If R.A.Newman
" V.A.Speer
City Attorney, Fred R.Wilson
Associate Counsel Cary D.Landis
City Clerk F.S.Lamson
Chief of Police, R.G.Williams
Absent: Commissioner W.A.Leffler
Meeting called to order by the Chairman.
Minutes of adjourned session of June 30th. , adjourned session of July 1st,
regular annual session of July 7th. and regular session of July 14th, 1930, read, corrected
and approved.
Minutes of adjourned session of July 22nd. 1930, read but not approved.
Commissioner Speer stated that inasmuch as.the definite hour and date of re-conven-
ing was not stipulated at the time of adjournment of the regular meeting of July 14th., and
as there are other items that the Commission failed to settle definitely before the approval
of the budget, it would be wise to rescind the action taken on July 22nd.
Thereupon, Commissioner Speer moved that as the Commission is now convened in
regular session, that all action taken at the meeting of July 22nd. pertaining to the adopt-
ion of the budget and the setting of the millage for the year 1930 be rescinded, and that
these matters be 'taken up again at this time.
Seconded by Commissioner Newman and carried by the following vote:
Commissioner Lehman Aye
If Miller Aye
If Newman Aye
" Speer Aye
Request received from A.H.Moses for reduction in assessed value of Lot 5 Block
3 Tier 3, occupied by the First National Bank Building, on the grounds that this building was
purchased from the Receiver of the First National Bank for $70,000.00 and should therefore
be assessed at no more than that amount.
Commissioner Newman moved that the assessment for the year 1930 against this
property be placed at $70,000.00
Seconded by Commissioner Miller and carried by the following vote:
Commissioner Lehman Nay
If Miller Aye
If Newman Aye
If Speer Aye
Mr. T.L.Dumas, Superintendent of the A.C.L.R.R. in Sanford, requested the endorsement
and permission of the City Commission to the installation of a red stop light by the Rail=
road Company at the crossing of the main line of the A.C.L. and Thirteenth Street, as a safet
measure, as per blue print No. A -174 submitted.
Commissioner Miller moved that the endorsement and permission requested be granted
Seconded by Commissioner Newman and carried.
Request received from D.L.Thrasher that fine of $75.00 against Rachel Kerse,
Case No. 17136, arrested for assault,; be reduced, in view of the good character of this
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CITY COMMISSION, SANFORD, FLORIDA, July 29, 1930 7:30 P M j g
prisoner and the fact that it is a first offense.
Commissioner Newman moved that the fine against Rachel Kerse be reduced to $10.00
Seconded by Commissioner Miller and carried.
Special Counsel DeCottes appeared with reference to a payment claimed by Messrs
DeCottes and Boggs for legal services.
No action at this time.
D.C.Brock presented request for reduction in assessed value for 1930 of Lot 4
and N. 6 112 Ft. of Lot 5 Blk 5 Tr. 1, now assessed at $11,000.00
Matter taken under advisement.
Commissioner Speer next introduced Resolution No. 394 and moved its adoption.
Thereupon Resolution No. 394 was read in full by the Clerk.
The motion for adoption of Resolution No. 394 was then seconded by Commissioner
Miller and carried by the unanimous vote of the Commission, the vote being as follows:
Commissioner Lehman Aye
" Miller Aye
" Newman Aye
" Speer Aye
said resolution No. 394 being in words and figures as follows:
RESOLUTION NO. 394.
WHEREAS, two suits are now pending in theCircuit Court of the Twenty —third
Judicial Circuit of the State of Florida, in and for Seminole County, wherein the City of
Sanford, Florida is named as defendant, slid suits being as follows, to —wit:
(a) John D.Jinkins, as Tax Collector of Seminole County, Florida, vs. City of
Sanford, Florida, amount of damages ONE HUNDRED THOUSAND DOLLARS ( $100,000.00) said suit hav-
ing been instituted by John D.Jinkins, as Tax Collector of Seminole County, Florida, for the
purpose of attempting to enforce the alleged liability of the City of Sanford, Florida, on
a purported time warrant of the City of Sanford, Florida, for the principal sum of FIFTY —ONE
THOUSAND FIVE HUNDRED DOLLARS ($51,500.00), issued by Forrest Lake, formerly Mayor of the
City of Sanford, Florida, without any warrant or authority of law, said purported time
warrant being numbered 90291, dated November 16, 1926, purportedly bearing interest at the
rate of eight per cent. per annum, and purporting to be due and payable six months after date.
(b) Seminole County, Florida, vs. City of Sanford, Florida, amount of damages
THIRTY THOUSAND DOLLARS ($30,000.00) said suit having been instituted in the name of Seminole
County, Florida, by the authority of the Board of County Commissioners of Seminole County,
Florida, for the purpose of attempting to enforce the alleged liability of the City of
Sanford, Florida, on a purported time warrant for the principal sum of FIFTEEN THOUSAND
DOLLARS ($15,000.00), issued by Forrest Lake, formerly Mayor of the City of Sanford, Florida,
without any warrant or authority of law, said purported time warrant being numbered 7406, dates
March 23, 1926, purportedly bearing interest at the rate of eight per cent. per annum, and
- having no maturity date; and
WHEREAS, this body has been advised by its Special Counsel, Geo. A.DeCottes and
Lucien H. Boggs, that the City of Sanford, Florida, cannot be held liable for the payment of
two above described purported time warrants illegally issued by the former Mayor , Forrest
Lake, as aforesaid; and
WHEREAS, said litigation has been pending since October, 1928; and
WHEREAS, it is the opinion of this body that it would be to the best interest of
the taxpayers and citizens of the City of Sanford, Florida, to effectually dispose of this
236 MINUTES.
CITY COMMISSION, SANFORD, FLORIDA, + my 26, at 7:30 p M 19--X
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litigation at the earliest opportunity and with the least expense possible; and
WHEREAS, this body recently met in joint session with th.e.County Commissioners
of Seminole County, Florida, for the purpose of effecting some agreement by which said lit
tion might be terminated; and
WHEREAS, during said-conference, without admitting any liability on the part of
the City of Sanford, Florida with respect to the aforesaid time warrants now in controversy,
the City of Sanford, Florida, by way of compromise, offered to pay to John D.Jinkins, as Tax
Collector of Seminole County, Florida. and Seminole County , Florida , the aggregate sum
of THIRTY -FIVE HUNDRED DOLLARS ($3500.00) in full settlement,adjustment and satisfaction of
all purported claims and demands the said John D.Jinkins, as Tax Collector of Seminole County
Florida and Seminole County, Florida, have or claim to have against the City of Sanford, Flori
under said purported time warrants above described, numbered 90292 and 740, provided the
the said John D.Jinkins, as Tax Collector of Seminole County, Florida and Seminole County,
Florida, would surrender possession of said purported time warrants to the City of Sanford,
Florida and would dismiss the two aforesaid suits at the respective cost and expense of
the said John. D.Jinkins, as Tax Collector of Seminole County, Florida and Seminole County,
Florida; and
WHEREAS, said offer of compromise so made to John D.Jinkins, as Tax Collector
of Seminole County, Florida, and to the County Commissioners of Seminole County, Florida,
was accepted by said parties provided the same be approved by the Comptroller of the State
of Florida; and
WHEREAS, the Comptroller of the State of Florida has since approved and con-
rented to the settlement of the two above cases upon the conditions herein named, and has
duly authorized John D.Jinkins, as Tax Collector of Seminole County, Florida and the County
Commissionersof Seminole County, Florida, to accept of and from the City of Sanford, Florida
the sum of THIRTY -FIVE HUNDRED DOLLARS ($3500.00) in full settlement of all claims and de-
mands against the City of Sanford, Florida, growing out of said purported time warrants
numbered 9029 nand 74062, and has authorized said parties to dismiss the two pending suits
against the City of Sanford, Florida, based upon the time warrants at the cost and expense
of the plaintiffs in said suits; therefore
BE IT RESOLVED, that the sum of THIRTY -FIVE HUNDRED DOLLARS ($3500.00) is hereby
appropriated for the purpose of the compromise settlement and adjustment of the two suits
aforesaid, now pending against the City of Sanford, Florida; and
BE IT FURTHER RESOLVED, that F.S.Lamson, as City Clerk of the City of Sanford,
Florida, be, and he is, hereby directed to draw a City check or voucher in the sum of
THIRTY -FIVE HUNDRED DOLLARS($3500.00), payable jointly to John D.Jinkins, as Tax Collector
of Seminole County, Florida and Seminole County, Florida, and that said check when properly
signed be delivered to Cleo. A.DOCottes and Lucien H. Boggs, as Special Counsel for the City
of Sanford, Florida, with instructions to said Special Counsel to deliver said check to
John D,Jinkins, as Tax Collector of Seminole County, Florida and Seminole County, Florida,
upon the execution respecively by John D.Jinkins, as Tax Collector of Seminole County, Florid
and Seminole County,Florida, by and through its Board of County Commissioners,of a release to
be prepared by the Special Counsel representing the City of Sanford, Florida, releasing and
relinquishing any and all claims of any nature whatsoever that John D.Jinkins, as Tax
Collector of Seminole County, Florida, and Seminole County, Florida, may now have or claim
to have against the City of Sanford, Florida, growing out of any transactions involving said
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CITY COMMISSION, SANFORD, FLORIDA, — July 28 at 7! 30 P M 1 930-
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purported time warrants, upon the surrender to said Special Counsel of said purported time
warrants numbered 90292 and 74o62, and upon dismissal of the two pending suits at the
cost and expense of the.respective plaintiffs therein.
Adopted this 28th day of July A.D. 1930
H.J.Lehman
Frank L . Miller
R.A.Newman
Vivian A.Speer
City Commissioners of the City of
Sanf ord, Florida.
(Seal)
Attest:
F.S.Lamson
City Clerk.
In line with agreement informally made with Board of County Commissioners in
connection with settlement authorized by Resolution No. 394, Commissioner Miller moved that
the balance of the two time warrants in question, after payment of $3500.00 to the Board
of County Commissioners, amounting to $63,000.00 be offset against the City's account at
the Seminole County Bank, and that the Liquidator of the Seminole County Bank be notified
to that effect.
Seconded by Commissioner Newman and carried.
The Clerk next presented Surety bonds in the amount of 11000.00 each, executed by
each.City Commissioner, for the year 1930, and same were approved.
The Clerk next reported exchange of security with the Sanford Atlantic National
Bank as follows :
American Trust Receipt No. 598 covering City of Sanford Refunding Bonds Nos.1-6
Incl., and City of Sanford Improvement Bonds No. 464 -467 Incl., total $10,000.00, her6tofore
given to the City as security for deposits, exchanged for the following security:
American Trust Co. Jacksonville, Florida, Receipt No. 640, covering U.S.Certifica
of Indebtedness No. 1939, 2 -7/9%, Series TJ -1931, Dated June 16, 1930, due June 15, 1931, with
December 15, 1930 and June 15, 1931 coupons attached -------------------------------- $5,000.00
American Trust Co. Jacksonville, Florida, Receipt No. 641, covering
City of Sanford 6% Series A -1 Refunding Bond No. 6 ------------------------------- $ 1,000.00
and City of Sanford, Florida 52% Improvement Bonds , Nos 464 / 467 -------------------- 44,000.00
Total Security furnished -------------------- ------------------------------------ $10,000.00
Commissioner Speer moved that this action be ratified and that the new security
furnished by the Sanford Atlantic National Bank be approved.
Seconded by Commiserioner Newman and carried.
The Clerk next reported the receipt at the Sanford Atlantic National Bank for
collection of note for $2,000.00, issued in favor of the Nye Odorless Crematorty Company and
due August 1st, 1930, together with four interest coupons of $60.00 each, covering interest
on four notes of $2000.00 each, in favor of the New Odorless Crematory Company from Feb. 1,
1930 to August 1, 1930-
Commissioner Speer moved that the Clerk be instructed to draw check in payment of
the aforesaid note and interest coupons.
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CITY COMMISSION, SANFORD, .FLORIDA, July 28 at 7 :30 P M 4 i g�---
Seconded by Commissioner Newman and carried.
Petition presented by residents in the neighborhood of Second Street and Elm
Avenue, that Second Street be declared a "Stop" Street at Elm Avenue.
No action.
Communication from the Walter L.Cooper Agency requesting that the bond furnished
by the St. Johns River Transportation Company to indemnify the City in the event of destructi
or damage to the street pavement adjacent to the Clyde Line Dooks, be cancelled, this bond
having been issued at a..time when the waters of Lake Monroe completely covered Seminole
Boulevard at the Clyde Docks, the waters having now subsided and the streets thrown open to
traffic.
In view of the bond having served its purpose, Commissioner Miller moved that it
be released for cancellation.
Seconded by Commissioner Speer and carried.
On motion duly adopted, Augustus Clair was ordered released from jail and balance
of sentence cancelled , due to bad physical condition and being afflicted with an incurable the
ease.
On motion of Commissioner Speer, seconded by Commissioner Newman and carried,
the following real and personal taxes were ordered cancelled for the reasons given : -
1926
Personal
Taxes.
W.E.White
.87
Error
in collection to balance
Books.
1927
Personal
Taxes
J.P.Hall
19.73
Over - assessment.
Recommended by
Deputy
Tax Collector Tarbell.
1928
Personal
Taxes.
A.T.Rossiter
6.50
Double
Assessment
1927
Personal
Taxes
John W.Sneed
9.95
Over- Assessment.
Recommended by
Deputy
Tax Collector Tarbell.
1927
Personal
Taxes.
W.E,White
2+.15
Over- Assessment.
Recommended by
Deputy
Tax Collector Tarbell.
1928
Taxes on
Lands Sold
For
Taxes
Lot 127 Oak
Hill
27.50
Vacant
Lot - assessed with house.
1929
Taxes on
Lands sold
for
Taxes.
Lot 127 Oak
-Hill
16.47
Vacant
Lot - assessed with house.
The Clerk next reported the receipt of the following Special Assessment Street Pav-
ing Bonds in payment of Paving Liens:
tion .
Series H, Nos 193 to 2o4 Inclusive.
The Matter of the budget for the year 1930 -1931 next came up for further conside
Commissioner Speer moved that the item of $3000.00 placed in the tentative budget
for the Golf Course be transferred to the publicity fund.
Seconded by Commissioner Newman and carried by the following vote:
Commissioner Lehman Nay
" Miller Aye
" Newman Aye
" Speer Aye
Commissioner Speer next moved that under the Department of Street Lighting and
Water Supply, the,item of.$6600.80 for Fire Hydrants, included in the tentative budget be
eliminated.
OWN
Seconded by Commissioner Miller and carried by the following vote:
Commissioner Lehman Nay
" Miller Aye
" Newman Aye
" Speer Aye
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CITY COMMISSION, SANFORD, FLORIDA, _July 28 at 7: 30 P M19 30
Commissioner Speer next moved that the Special litigation and financing account
be set at $24,000.00
Seconded by Commissioner Newman and carried by the following vote:
Commissioner Lehman Nay
" Miller Aye
" Newman Aye
Speer Aye
The totals by department now stood as follows:
Department of General Government $141,919.50
Publicity 4 00.00
Debt Service 312625-00
n " Water Utility 15,750.00
Thereupon,Commissioner Speer moved that the amount to be appropriated for the
Department of General Government for the year 1930 -1931 be set at $141,919.50.
Seconded by Commissioner Newman, but failed to carry, the vote being as follows:
Commissioner Lehman Nay
" Miller Nay
" Newman Aye
" Speer Aye
Thereupon, further consideration was given to various items of the budget, after
which the following changes were made:
Department of General Government
Salary of Superintendent of Cemetery placed at $900.00
Salaries of four firemen placed at $1200.00 each.
Contingent Litigation & Financing Account placed at $23,360.00
Department of Water Utility
Salary of Engineer placed at $1900.00
Salary of Assistant Engineer placed at $1500.00
The Tentative Budget now was as follows:
Department of General Government $141t819-50
Department of Publicity 450.0
Department of Debt Service 312625.00
Department of Water Utility 16,110.00
Commissioner Speer next moved the adoption of the budget for the year 1930 -1931
on the foregoing basis.
Seconded by Commissioner Miller and carried by the following vote:
Commissioner Lehman Nay
" Miller Aye
" Newman Aye
" Speer Aye
Thereupon, Commissioner Speer offered Ordinance No. 177, entitled:
2-�;-4
AN ORDINANCE MAKING APPROPRIATIONS FOR THE CITY OF SANFORD,FLORIDA , FOR THE FISCAL
YEAR BEGINNING OCTOBER ;.1930, and ENDING SEPTEMBER 30, 1931-
and same was placed on its first reading and read in full by the Clerk.
Commissioner Speer next moved that the millage for the year 1930 be placed at 20 -3/4
allocated as follows:
Department of General Government 15. Mills
Department of Publicity .72 "
Department of Debt Service 5.03 "
Seconded by Commissioner Newman, but failed to carry, the vote being as follows:
Commissioner Lehman Nay
if Miller Nay
It Newman Aye
It Speer Aye
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CITY COMMISSION, SANFORD, FLORIDA, JtLly 28, a* 7 :30 P M '19_30--
Commissioner Speer next moved that the millage for the year 1930 be placed
at 20 mills, allocated as follows:
Department of General Government 14.405 mills
Department of Publicity .697 n
Department of Debt Service 4.898 n
Seconded by Commissioner Miller and adopted by the following vote;
Commissioner Lehman Nay
n Miller Aye
n Newman Aye
n Speer Aye
The meeting then adjourned to meet again at 7;30 P -11 a „Q+ 1Q+ iolzn
Attes
City Clerk.
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