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010335711 &W MINUTES CITY COMMISSION, SANFORD, FLORIDA, January 3, 8:30 P M 19 35 The City Commission if the City of Sanford, Florida, met in adjourned regular session,at the City Hall in Sanford, Florida, at 8:30 O'Clock P.M. January 3, 1935 Present: Commissioner W.A.Leffler, Mayor. If T.L.Dumas If H.J.Lehman if V. A. Speer If S.O. Shinholser City Attorney Fred R.Wilson City Clerk F.S.Lamson Chief of Police R. G. Wi lliams Meeting called to order by the Chairman. Request received from W.J.Pell that the license on automatic 5 cent vending machines be reduced from the present license tax of $50.00 per machine per year; on the grounds that this license is exhorbitant and in addition that the machines had been out of operation during approximately three months of the past fiscal year while their status was being determined in the courts. After careful consideration, Commissioner Duma.s moved that credit for the three months during which time these machines were in- operative be allowed on the license tax for the year 1934 -1935, with the understanding that in the event they are withdrawn during the current year, no refund will be allowed for the time they are out of operation. Seconded by Commissioner Shinholser and carried. Communication next read from the Chamber of Commerce inclosing bill for $51.55 from J B Hall for driving piling at Yacht Club Building dock repairing post support- ing the building and other miscellaneous repairs. Thereupon Commissioner Dumas moved that inasmuch as the lease with the Chamber Of Commerce for the use of the Yacht Club Building stipulates that all maintenance charges should be borne by the Chamber of Commerce, that this Commission donate $51.55 repairs for necessary /to this City owned building. Seconded by Commissioner Shinholser and carried. Bids were next read for furnishing 1968 ft. of 6 inch cast iron water main, 2 - 6 inch cast iron water main tees, 2 - 6 inch water main gate valves, 1000 lbs. of pig lead and 150 lbs. of oakum to be used in running water main in alley between Park Avenue and Oak Avenue , from Second Street south to Eighth Street as follows: Lee Brothers 1785.62 Mahoney Walker Co. 1793.07 Sanford Machine Co 1715.79 Thereupon Commissioner Speer moved that the bid of the lowest bidder be accepted. Seconded by Commissioner Dumas and carried. In connection with the spur tract constructed by the Atlantic:Coast Line R.R. Co. across City property at the Weter Pumping Station-to serve the Farmers Market Exchange, 1 1 1 1 MINUTES CITY COMMISSION, SANFORD, FLORIDA, January 3 at 8.: 30 P M 19___35 Commissioner Speer next offered the following resolution and moved its passage and adoption. Seconded by Commissioner Shinholser and carried, said resolution being as follows: BE IT HEREBY RESOLVED by the City Commissioners of the City of Sanford, Florida, in regular meeting assembled that the said City Commissioners, acting by and thru its Mayor- Commissioner and City Clerk shall execute an indenture conveying to the Atlantic Coast Line Railroad Company, a right of way and easement for a spur track on and over a strip or parcel of land , property of said City , lying and being in the said ,,City of Sanford and described as follows, towit: A triangular strip of land in the north half of the northwest quarter of the northeast quarter ( N 1/2 of N W 1/4 of N E 1/4) of Section Thirty Six ( 36) Township Nineteen ( 19) South, Range Thirty ( 30) East; beginning at a point on the east line of French Avenue twenty five ( 25) Feet south - westwardly, measured at right angles, from the center line of the main track of the Lake Charm Branch of the Atlantic Coast Line Railroad Company; thence southeastwardly, parallel with and twenty -five (25) feet from the center line of the said main track , fifty (50) feet, more or less, to a point eight (8) feet southwardly, measured radially, from the center line of a spur track as located and to be constructed and as hereinafter described; thence westwardly concentric with the center line of said spur track, fortyeight R48) feet to said Avenue line; thence northwardly along said Avenue line ten 10) Feet, more or less, to the point of beginning, containing two hundred and forty (240)square feet, more or less; TOGETHER with such additional widths as may be necessary to cover and protect the slopes of cuts and fills; said spur track having its center line ldcated as follows: to -wit: beginning at a point of switch in said main track two hundred and five ( 205) feet southeastwardly, measured along the center line of said main track from said avenue line, if extended northwardly; running thence northwestwardly on a No. 8 turnout to the left, eighty (80) feet, to a point of curve; thence westwardly, tangent to the preceding course on a curved line to the left having a radius of fourteen hundred and thirty two and seven tenths::,. WA7) feet, a distance of two hundred and seven.- eight and eight tenths 8.8 feet to a point of tangent; thence northwestwardly, tangent to the preceding course, one hundred and eighty seven and two tenths (187.2) feet to the end of said spur track. Further Resolved that this resolution be entered of record on the Minutes of this Body. Thereupon the following Agreement referred to in said Resolution was duly executed by the Mayor and attested by the City Clerk. STATE OF FLORIDA COUNTY OF SEMINOLE This Indenture made and entered into this 3rd day of January A,D.1935., between the City of Sanford, a municipal corporation under the laws of the State of Florida, party of the first part, and the Atlantic Coast Line Railroad Company, a corporation organized and existing under the laws of the State of Virginia, wid.4 its principal office at Wilmington, North Carolina, party of the second part: - W I T N E S S E T H- That the said party of the first part, for and in consideration of the sum of One Dollar ( $1.00) of lawful money of the United States of America., to it in hand paid by the said party of the second part, at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, has granted, bargained, and sold , and by these presents does grant, bargain, sell and convey unto the said party of the second part, and its successors and assigns, a right of way and easement for a railroad spur track thru, over and across the land hereinafter described, lying and being in the City of Sanford, County of Seminole, State of Florida, said land being described as follows, to wit: 344 MINUTES ­CITY COMMISSION, SANFORD, FLORIDA, January L at 9:30 P M-19-3-4 A triangular strip of land in the north half of the northwest quarter of the northeast quarter ( N 1/2 of N W 1/4 of N E 1/4) of Section Thirty - six (36) Township Nineteen ( 19) South, Range Thirty ( 30) East; beginning at a point on the east line of French Avenue twenty five ( 25) feet aeuth- westwardly, measured at right angles, from the center line of the main tract of the Lake Charm Branch of the Atlantic Coast Line Railroad- Company; thence Southeastwardly, parallel with and twentyfive (25) feet from the center line of said main track, fifty ( 50) feet, more or less, to a point eight ( 9) feet southwardly, measured radially, from the center line of a spur track as located and to be constructed and as hereinafter described; thence westwardly concentric with the center line of said spur track, forty eight (493 feet to said Avenue line; thence northwardly along said Avenue line ten ( 10 ) feet, more or less, to the point of beginning; containing two hundred and forty (240) square feet, more or less; as shown in red on the blue print hereto attached and made a part hereof; ToGETHER with such additional widths as may be necessary to cover and protect the slopes of cuts and fills; said spur track having its center line located as follows: - to wit: beginning at a point of switch in said main track two hundred and five ( 205) feet southeastwardly, measured along the center line of said main track from said Avenue line, if extended northwardly; running thence northwestwa.rdly on a No 9 turnout to the left, eighty (90) feet, to a point of curve; thence westwardly, tangent to the preceding course on a curved line to the left having a radius of fourteen hundred and thirty,-two and seven tenths ( 1432.7 ) feet a distance of two hundred and seventy eight and eight tenths (279.93 feet to a point of tangent; thence northwestwardly, tangent to the preceding course, one hundred and eighty seven and two tenths ( 197.2) feet to the end of said spur track. TO HAVE AND TO HOLD the same unto the said party of the second part its successors or assigns. The easement and right of way hereby granted shall be held and enjoyed by the party of the second part, its successors or assigns, for such period of time as the said party of the second part may deem necessary, needful or useful to it, its successors or assigns. And the said party of the Second part, its successors or assigns, shall have the right, and is perr,i;, .,ed, to remove its track and other improvements made by it from said property at any time it may desire. Upon,abandonment of said track, title to said right of way and easement shall immediately revert to the City of Sanfo Florida, its successors or assigns. And the said party of the first part, does hereby covenant to and with the said party of the second part, its successors or assigns, that it is lawfully seized.of said strip of land; that the same is free from all encumbrances; that it will warrant and defend the right to the full enjoyment, easement and right of way hereby granted against the lawful claims of all persons whomsoever. In Witness LVhereof, the first party has caused these presents to be executed in its corporate name and behalf by its Mayor- Commissioner and the aame to be attest- ed under its corporate seal by its City Clerk under and by virtue of a resolution or ordinance passed and adopted at a meeting of the City Commissioners of the said city of 6anford on the 3rd say of January , A.D. 1935, a certified copy of which ordinance or resolution is hereto attached and made a part hereof. Signed, Sealed, and Delivered in the predbnce of: Ellen Hoy H.N.Sayer ( Seal) CITY OF SANFORD, FLORIDA. By W.A.Leffler. Mayor - Commissioner. Attest: F.S.Lameon: City Clerk. 1 1 ii it C 1 1 l r 1 , MINUTES - CITY COMMISSION, SANFORD, FLORIDA, January 3, at S: 30 P M 195 Commissioner Speer next intorduced Ordinance No. 235 entitled: " An Ordinance granting to the Atlantic Coast Line Railroad Company a Corporation organized and existing under the laws of the State of Virginia,- the right to construct, maintain and operate a railroad spur tract across French Avenue, just south of its intersection of Thirteenth Street in the City-of Sanford, Seminole County, Florida. and same was placed on its first reading and read in full by the Clerk. Thereupon Commissioner Speer moved that the rules be waived and that said Ordinance No. 235 be placed upon its final passage and adoption. Seconded by Mr. Shinholser. Thereupon the question recurred upon the wa.ivure of the rules. The roll was called and the vote stands as follows: Commissioner Leffler Aye " Dumas Aye Lehman Aye If Speer Aye " Shinholser Aye Thereupon said Ordinance No. 235 was placed upon its final passage and adoption, the vote being a.s follows: Commissioner Leffler Aye if Dumas Not voting If Lehman Aye If Speer Aye " Shinholser Aye Thereupon the Chairman announced that the City Commission of the City of Sanford Florida, had passed end adopted said Ordinance No. 235, entitled: An Ordinance granting to the Atlantic Coast Line Railroad Company, a corporation organized and existing under the laws of the State of Virginia, the right to construct, maintain and operate a railroad spur track across French Avenue, just south of its intersection of Thirteenth Street in the City of Sanford, Seminole County, Florida. On motion duly adopted, said Ordinance No. 235 was ordered POSTED at the front door of the City Hall in the City of Sanford, Florida. Minutes of regular meeting of December 10th, and regular meeting of December 24th, 1934 next read and approved. Commissioner Lehman next introduced Ordinance No. 236 entitled: An Ordinance making it unlawful for any person within the corporate limits of the City of Sanford, Florida, to become drunk or be drunk or intoxicated by the voluntary use of intoxicating liquors or beverages, and allowing the arresting office to seize and hold as evidence and for disposition . under the direction of the Municipal Court any intoxicating liquors or beverages found upon any person arrested for violating this ordinance and prescribing a penalty for the violation of this ordinance, and repealing all other ordinances or parts of any ordinance in conflict heretith. and same was placed on its first reading and read in full by the Clerk. In connection with the dangerous condition of some of the sidewalks, particularly in the old section of the City, Commissioner Lehman next moved that the proper procedure be instituted for notifying the property owners concerned to repair these walks, and in case it is not done within the time prescribed by law, the City to do the work and charge the cost of same against the adjacent property. Seconded by Commissioner Shinholser and carried. The meeting then adjourned. Mayor. Attest: City Clerk. X45