050844-Regular Session MINUTES
CiTY COMMISSION, SANFORD, FLORIDA' ? M - --
The City Commission of the
the City Hall in the City of Sanford, Florida, at 7:3~
Present: Commissioner Edward Hlggins, Mayor.
, Geo. D. Bishop
City of Sanford, Florida, met in regular session at
o'clock P M. May 8,1955.
, H.James Gut
, W.b.Hill
City Attorney Fred R.Wilson
City Clerk H.N.Sayer
Uhlef of Police, R.G. Williams
Abseut: Commissioner M.J.Lodge.
Meeting called to order by the Chairman.
Current invoices and payrolls for the month of April 19$4, nrooerly audited and
vouchered as evidenced by Voucher Nos.6723 thru 6792, submitted, examined, approved and
nayment authorized-
Monthly reports of StreetS, Sanitation, Health, Water, Police,Fire,Library and
Golf Departments for the month of April 1954, submitted and examined.
Financial statement and sts. tement of revenues and expenditures during the month
of April 19~, submitted and examined.
Bank statements in all accounts for the month of April 19$$, properly reconciled,
submitted and examined.
Bids next received for furnishing labor and materials for re-roofing the
repair shop building, aS follows:
F.A,Dyso~
1 layer of 15 lb. asphalt felt with two
2 layers of 15 lb.
moppings of hot asphalt
asphalt felt with three monoinge of hot asohalt
City's
1,560.On
Layer of 15 lb. ssohalt felt with two moooings of hot asphalt
~ 3 year guarantee~
2 Layers of 15 lb.,asphalt felt with three mo~ings of hot asphalt
( 5 year guarantee~
~poly one orimer coat and one coating of Ba~tl~hio Asbestos Roof 92M.10
Co, ting , ~ 7 year guarantee)
Thereupon after careful comoarison of orices submitted and the quality of ma-
terials bid uoon, Commissioner Bishop moved that the bid be awarded to F.M.English
for installing one layer of 15 lb. asohalt felt with two moppings of hot asohalt at
a price of $680.00.
Seconded by Commissioner Gut end carried.
The following bid next received for reoairing and re-roofing bandshel~.roof:
680.OO
1,190.00
F-~.DYs°~ $120.OO
Remove present roof covering and install 3-ply built-up roof.
Raise center of roof for nroper drainage and inetell 3-nly built-up
~ Approx. $200.00
roof.
Thereupon after careful consideration, and in view of no other bids having
been received, Commissioner Hill moved that ~he bid be awarded ~o Mr. Dyson for
raising center of bandshell roof and inetall 3-plY built-un roof at a cost of
aoproxlmately $200.00.
Seconded by Commissioner Gut and carried.
MINUTES
Cl ¥ CommissioN, S^ ...... -
Petition signed by pastors and officers of the churches in Goldsboro next
presented, advising of the denlorable condition existing in that vicinity on Sundays
caused by beer gardens being open with music machines going full blast and crowds
congregating around the premises; claiming that such places of business are a menace
to Sunday worship and requesting the Commission to close them on Sundays.
Thereupon after considerable discussslon, Chief of Police Williams was instructed
to have all beer gardens in Goldsboro section close on Sundays.
The following bids next presented for furnishing four 32 x 6, ~-ply Truck Tires
and Tubes for the Street Denartment:
~.B.Pope Company . I~c.
4 - 32 x 6 , 8-Ply Fleetway Tires and Tubes orequivalent grade in
some other make. ,
John Krider $145'44
4 - 32 x 6 - 8-Ply U.S.Boyal Tires and Tubes $1~O.2~
~ockey's Tire Sho~ ~
4 - 32 x 6 , 8-Ply Goodyear or Goodrich Tires and Tubes. $137.88
~tr%ckland Motors, Inc.
4 - 32 x 6, Goodrich Speedliner Tires & Tubes $165.82
Thereupon after comparison of orlces submitted and the quality of tires bid
upon, Commissioner Bishop moved that the bid be awarded to John Krider for
furnishing U.S.Royal Tires and Tubes at a price of $13~.2~.
Seconded by Commissioner Hill and carried.
Bill of Geo.A. DeCottes, Attorney , in amount of $50.00 for legal opinion
rendered on the validity of the proposed Civil Service System Ordinance, next presented,
and on motion of Commissioner Gut, seconded by Commissioner Hill and carried, same was
approved and payment ordered.
Letter next received from Garland W. Soencer' Attorney for the Police and Fireman's
Association, as follows:
Honorable City Commission
City
"May 4, 1944
Dear Bits:
Re: Banford's Prooosed Civil Service
System.
After my d~scussion with your Honorable Body of the ~ronoeed Civil Service
0rdlnan~e at your meeting on Anr~l 24,
Flremen's Association, a co~y ~f~whlch ~ wrote an o~inlon to Sanford Police and
~ent to your Mayor, City Attorney and
Snecial Counsel, and in that opinion I pointed out the reasons why, in my opin-
ion, under the law the City of Sanford has no authority to ~ass its nroposed
Civil Service Ordinance as nublished in the newspaper on Anrll l?th. However,
in accordance with my suggestion to y~ur Honora~le Body a~ lie meeting on
A~ril 24th. I called a meeting of the ~anford Police and ~lremen's A~sociation
with the view of attemnting to amicably work out an agreement between the
Association and the Commission in order that all emnloyees of the City of
Banford could benefit by the ~ronosed Civil Bervlce 0rdinance without question
from the Sanford Police and Pit'men's Association.
I am ha~py to re~ort that at the meeting of the Association it was the
unanimous vote of everY member that they desired to go along with the City
Commission in its effort to have a good Civil Service System for all emnloyees
of the City of Sanford and in that connection the A~sociation agrees no~ to
contest the nroposed Ordinance in any respect nrovided the City Commission does
the following things, to-wit:
1. Amend the first sentence of Section 1~ of the nro~osed ordinance as
follows, to-wit: "The City Commission shall an~olnt all heads of departments
and the heads of denartments shall a~point all eubordina~tes subject to the
approval and confirmation of the '
City ~ommission. The amendment above quoted
would make Section 13 conform to the present authority of the City Commission
granted by the City Charter.
2. That the City Commission oromptly oreoarea Bill to be presented at the
next regular or soecial session of~the Legislature conformln~ to th ,
as prooosed and have the same ~...~ ~.. ~,- - . _ e ordinance
the Le~is]~t,,~... ~ a,...~ ~J~ ~ ~n~ n~x~_regu~ar or snecial session of
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C ANFORD' FLORIDA,-_
the Legislature
3. That when the act is nroDosed for adoption and adopted by., The City
the first sentence of Section'13-is to read as follows, to-wit:
~ommission shall appoint all heads of departments and the heads of deDartments
· -- oint the subordlna+es-" In other words it is our position that the _
snail aD~ _u ubllshed ordinanc? le.~n accord
ntence of Section 13 ~s ?~o~ose9 by ~e.~__.~ be the law when ~ne
t is ante~ Dy %n~ ~=~ ........ thorlt to cass ~ne uru~,.~ .....
authorl y~ ~ be itho t au Y soassed by
that the pity ~ommis~_~°~dthe ~itv ~ommission until the law i
subo~dina%es are COnllrU~ ~J -
the Legislature., Le lslature ~assee its act at the next general or special
~. That whe? the_ ~--,, tn ~.;~ a Civil Service ordinance that the City re-
session authorizing t~e ~1~ ......
enact its ordinance in order to insure legality thereof.
During the period between the time of the adoption of the ordinance and
operation thereunder until the Legislature has an 0~portunity to legalize the
matter on behalf of the City, the Police and Firemen's A~soc3ation agree not
to raise any questions or to contest the same in the courts.
Their idea now is, as it has been in the 9asr, to work harmoniously with
the City Commission with the view that true Civil Service will be the ultimate
result.
I am sincerely aopreclative of the fact that my clients have unanimously
agreed %o the proposition as above outlined and I am sure you gentlemen will
also appreciate this fact.
Respectfully yours,
Garland W.S~encer.
GWB/p
CC: Hon Edward Higgins
Sanford, Florida.
CC:
Hon Fred R.Wilson
City Attorney
Sanford, Florida.
CC:Hon. George A.DeCottes
Special Counsel
Sanford, Florida.
Matter taken under consideration.
Ordinance No. 359 , entitled:
ANCE OF THE CITY OF SANFORD, FLORIDA, CRF~%TING A CIVIL SERVICE SYSTEM
AN ORDIN D IN SAID CIVIL SERVICE SYSTEM; PRO-
FOR SAID CITY; DEFINING WHO SHALL BE EMBRACE
VIDING FOR THE ESTABLISHMENT OF A CIVIL SERVICE BOARD; pRESCRIBING THE QUALIFICATIONS
OF THE MEMBERS OF SAID 'CIVIL SERVICE BOARD AND DESIGNATING CAUSES AND METHOD OF
THEIR REMOVAL; PRESCRIBING THE POWERS AND DUTIES OF SAID CIVIL SERVICE BOARD;
PRESCRIBING THE MANNER IN WHICH PERSONS ENGAGED BY THE CITY MAY BE EMPLOYED,
PROMOTED, DEMOTED OR DISCHARGED; DEFINING THE RIGHTS, PRIVILEGES, DUTIES AND OBLI-
GATIONS OF MEMBERS OF SAID CIVIL SERVICE AND AUTHORIZING THE CITY COMMISSION TO FIX
THEIR COMPENSATION; pRoVIDING A PROCEDURE FOR THE TRIAL OF APPEALS BY THE MEMBERS
OF THE CIVIL SERVICE TO THE CIVIL SERVICE BOARD.
INTRODUCED AND PLACED ON ITS FIRST READING AT THE REGULAR MEETING OF APRIL 13,19bb,
was next oresented for further consideration ·
Thereupon after considerable discussion, Commissioner Gut moved that the
first sentence of Section 13, which reads" The City Commission shall appoint
all heads of departments and the heads of departments shall appoint all subordinateS,"
be amended so as to read: "The City Commission shall aoooint all heads of deoar~-
ments and the heads of deoartments shall aopoint all subordinates, subject to the
aoproval and confirmation of the City Commission. # Seconded by Commissioner Hill and carried.
Thereupon Ordinance No. 3Q9 was olaced on its final reading for caBBage and
adoption with the change in Section 13 as authorized above, and reed in full by the
Clerk.
The roll was called and the vote stands as follows:
Commissioner Higglns Aye
,, Bishop Aye
. Gut Aye
. Hill Aye
Thereuoon the Chairman announced that the City Commission of the City of
?Sanford, Florida, by unanimous vote had oassed and adooted said Ordinance No.
MINUTES
CiTY C~OMMIS$1~ON, SANFORD, FLORID^~_~E
_19 44
ORDINANCE No.349
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, CREATING A CIVIL SERVICE
SYSTEM FOR SAID CITY; DEFINING WHO SHALL BE E~BRACED IN SAID CIVIL SERVICE
SYSTEM; PROVIDING FOR THE ESTABLISHMENT OF A CIVIL SERVICE BOARD; PRESCRIBING
THE QUALIFICATIONS OF THE MEMBERS OF SAID CIVIL SERVICE BOARD AND DESIGNATING
CAUSES AND METHOD FOR THEIR REMOVAL, PRESCRIBING THE POWERS AND DUTIES OF SAID
CIVIL SERVICE BOARD; PRESCRIBING TH~ MANNER IN WHICH PERSONS ENGAGED BY THE
CITY MAY BE EMPLOYED. PROMOTED, DEMOTED OR DISCHARGED; DEFINING THE RIGHTS,
PRIVILEGES, DUTIES A~D OBLIGATIONS OF MEMBERS OF SAID CIVIL SERVICE AND
AUTHORIZING THE, CITY COMMISSION TO FIX THEIR COMPENSATION; PROVIDING A PROCEDURE
FOR THE TRIAL OR APPEALS BY THE MEMBERS OF THE CIVIL SERVICE TO THE CIVIL
SERVICE BOARD.
On motion duly adopted, Ordinance No. 349 was next ordered POSTED at the front
door of the City Hall in the City of Sanford, Florida, in accordance with the terms
of the Charter,as amended .
Communication next read from A.W.Lee,
Auxiliary, requesting the City to enclose
the bandshell with windows and doors and turn the orooerty over to the Coast Guard
Auxiliary to act as custodian for the City, stating that they will maintain it in
good condition and make it available to the oublic at any time it is needed for
such ~urDose.
Commander of the United States Coast Guard
the first floor of the north section of
Action deferred.
Communication next read from H.M.Watson, Attorney, advising that several of
the owners of the property that was acquired by the United States Navy Deoartment
for the Sanford Naval Air Station h~ve not been comoensated for their prooerty, and
requesting the Commission to endeavor to get the Navy Deoartmen~ to pay these former
owners, because it has been two years since the prooerty was legally acquired and
said owners dispossessed thru condemnation .
ThereuDon the Mayor was authorized to communicate with the oroner authorities
with an endeavor to have the Navy Deoartment take immediate action in the matter.
On motion of Commissioner Gut, seconded by Commissioner Bishoo and carried, the
Mayor and Clerk were next authorized to execute the following lease agreement
on behalf of the City with Winn & Lovett Grocery Comoany, Jacksonville, for renewal
of lease on the City's dock property for an additional five years, in accordance
with the orovislons of the lease expiring May 8,1944.
THIS INDENTURE OF LEASE, Made and entered into in duolicate on this the ~th.
day of May A.D. 1944, between CITY OF SANFORD, FLORIDA, a municipal corooration,
hereinafter called "Lessor" and WINN & LOVETT GROCERY COMPANY, a corooration
organized and existing under the laws of the Brats of Florida with its orincioal
place of business at Jacksonville, Florida, hereinafter called "Lessee", WITNESSETH:
That the said Lessor, for and in consideration of the rentals to be paid and
covenants to be performed by the Lessee as hereinafter set forth, has leased and let and
by these presents does lease and let unto the Lessee that certain lot, olece or parcel
of land situate in the City of Sanford, Seminole County, Florida, and described as
follows,to-wit:
BEGINNING at the Southeast corner of that certain tract of land owned by Mary B.H.
~erring_as described in that certain deed of conveyance dated Aoril 17,1915, from
Edward Cecil Gabbett and wife to the said Mary B.H. Herring, and of record in the
~ub~i~e~ords 9~ Semi~ole County, ~lorida. in Deed Book 5, Page 403, and running
mas~ ~o3 rest. ~$ence morth to the Nartherly line of the retaining wall along the
south shore 6f Lake Monroe, thence Westerly along said retaining wall to point in
the Easterly line of the aforesaid tract of land of the said Mary B.H.Herrlng, if
extended to the Northerly llne of said retalnln~ wall, thence Southerly and across
~emin~l~ Doulevard along the Easterly line of ~aid tract of !and of the said
ary o~.nerr~n~_ if exSende~ as aforesaid, to the ooint of Seginninm to.et
with rxoarian rights on uake Monroe thereunto annertaining, but BAVIN$ an~ ~EPTING
from the above described land and premises the right of way Of Seminole Boulevard
across the same.
TO HAVE AND TO HOLD the above described lands and ~remises unto the Lessee
for and during the term of five years from the date hereof.
49d
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CiTY COMMISSION, SANFORD, FLORIDA, May ~ at 7:3~ P )4
The Lessee covenants and agrees to pay unto the Lessor as rental for the
aforesaid land and premises the sum of THREE HUNDRED DOLLARS ( $3nO.oO) Der year
payable in advance, the first year's rental having been paid upon the execution and
delivery of this lease, receipt of which is hereby acknowledged, and does further
covenant and agree as Dart of the consideration for the making of this lease to Day
before they become delinquent, all state and county taxes assessed by the State of
Florida end County of Seminole against said land and Dremlses and improvements during
the term hereof, and in addition thereto to DaY to the Lessor durlng the term hereof
an amount equivalent to taxes that would be assessed by the Lessor against said land
and premises and improvements if privately owned, the Lessor, beginning with the year 1944,
to place a value on said land, premises and improvements each year for taxation our-
Doses as though the same were assessable for City of Sanford taxes, the Lessee to Day to
the Lessor such sum as would be the taxes uoon said property for each year during the
term hereof if it were assessed for taxes by the Lessor, such oayment to be made on
or before taxes assessed by the Lessor become delinquent.
IT IS FURTHER COVENANTED AND AGREED by the Lessee as a Dart of the consideration
for the making of this lease as follows:
1. That all improvements heretofore erected on said land and premises, including the
warehouse and dock thereon, hmve become a Dart of said land and premises and all other
improvements hereafter erected on said land and premises shall as soon as erected be
and become a Dart of said land and oremlees, and shall not be subject to removal by the
Lessee, its successors or assigns, before or at the end of the term hereof.
2. That it will oromotly Cay the rental aforesaid at the beginning of each year
of the term hereof and will also DaY before they become delinquent, all state and county
assessed against said land and oreml cud '-""" +~ *~ ~ ..... cum
zaid land an4 ~.m~... and will ~ay to the
Lessor the aforesaid sum in lieu of taxes which would be assessed against said land and
premises if privately owned, on or before taxes assessed by the Lessor become delinquent.
3. That it will make no unlawful or offensive use of said premises.
4. That it will not assign this lease without the written consent of the Lessor,
but the Lessee may sublet any portion or portions of said land and oremises.
5. That it will keep the aforesaid dock and warehouse insured to its full insurable
value against all risk of damage or destruction by fire, with loss payable to the Lessor,
but in the event of damage or loss by fire, the proceeds of said insurance shall be used
to repair or replace such dock and warehouse, as the case may be.
6. That it will keeo and maintain all
including the aforesaid dock and warehouse,
term hereof.
?.
Improvements made u~on said land and Dremlses,
in a state of good and sound re.air during the
That it will surrender said land and premises to the Lessor, together with all
Improvements thereon, including the
term hereof.
S. The Lessee may at any t~me,
surrender this lease and possession of
liability on its part.
aforesaid dock and warehouse, at the end of the
after six months' notice of its intention so to do,
said Dremiees and Improvements without further
9. That default for a period of thirty days in the payment of any of the aforesaid
annual rentals or in the payment before they become delinquent, of State and County taxes,
^~ ~ th. ~.vment of the aforeseid sum to become due the Lessor in lieu of taxes which
MINUTES
CiTY COMMISSION, SANFORD, FIoRiDa,~ay__~ ~ 19~
491
would be assessed against said property by the Lessor if orivately owned, or in
keeoing said dock and warehouse insured as aforesaid, or in the oerformance of any of
the other covenants by the Lessee herein contained, shall cause this lease to become
null and void and of no effect, and the Lessee shall surrender the said land and
premises, and improvements, to the Lessor without the necessity for the Lessor to
resort to orocese of law for the recovery of possession thereof, but in the event of
the forfeiture of this lease for non-payment of rental or any sums required to be
paid hereunder or breach of the covenants herein contained, shall not render the
Lessee liable in any way to an action for damages for breach of this lease.
IT IS FURTHER COVENANTED AND AGREED by and between the Lessor and the Lessee
that in the event the title to the Lessor to the land and oremlses hereby leased and
let shall be lost through legal oroceedinge of any kind, the Lessor shall not be liable
to the Lessee on account thereof.
IN WITNESS WHEREOF, the Lessor has caused these presente to be executed in
its name by its Mayor, and attested and its corporate seal hereunto affixed by its
City Clerk, and the Leases has caused these presents to be e~ecuted in its name and
attested and its corporate seal hereunto affixed by ire Becretary on this the day
and year first above written.
Signed , sealed and delivered in
the presence of:
Louise S.Baile¥
Ruth B~Stroundahe ?
CITY OF SANFORD, FLORIDA
By: Edward Higgins
Mayor.
Attest: H.N.SayerI
City Clerk.
WINN & LOVETT GROCERY COMPANY
By: A.D,Davis
President.
Attest:l,iE,W,Kavanaugh
Secretary.
Seal
Request next received from C.C.Priest for the City to inst~ll a street light at
the intersection of Sanford Avenue and Twenty-Sixth Street, and same was ordered filed
until such time the War Production Board releases street lighting materials and fixtures
for new construction .
On motion of Commissioner Bishop, seconded by Commissioner Gut and carried, the
Commission next authorized the sale to Hill Lumber & Supply Yard, Inc. of Lots ? and ~
Block 6, Tier 6, E.H. Trafford'e asp , at a price of $500.00, this property having
been acquired by the City thru foreclosure of tax liens and the proceeds of such sale
to be divided between the City and the County in accordance with orovisions of
Chapter 22079, Acts of 1943 Legislature.
On recommendation of Chief of Police Williams, and on motion of Commissioner Hill,
seconded by Commissioner Gut and carried, the Commission next authorized the emnloyment
of J.B.Smith as Police Lieutenant at a salary of $15~.OO oer month, effective as of
May 16,1944.
On motion duly carried, Chief of Police Williams was next authorized to purchase
summer trousers for all policemen.
The Clerk next reported that under date of November 24,1941, the Commission
agreed to allow Mr. M.L.Futch a period of One year in which to purchase Lots 14 and
15 of Block q Bel At~ h. h. vtB~ ~..s
MINUTES
CITY COMMISSION, SANFORD, FLORIDA,_ May ~ at 7:]0 P M
_19. ~'~'
foreclosure of taxes and special assessment liens, advising that he has not purchased
these lots and the City has had several other applications to purchase them.
Thereupon after considerable discussion, and in view of the fact that ~r. Futch
has had every opportunity to purchase the aforesaid property and failed to do so after
being notified several times by both the Clerk and City Attorney, the Clerk was in-
structed to =lace an advertisement in the Sanford Herald offering these lots for sale
to the highest bidder.
Request next received from Standard Growers Association for the City to close
and vacate Cedar Avenue from Twelfth Street south , and Twelfth Street from Holly
Avenue to
thereon.
Cedar ~venue for the purpose of erecting a orecooling and packing house
The Standard Growers Association owning all the property abutting these
two streets at this location.
Matter taken under advisement.
Supt. Moughton next informed the
Commission that he is having difficulty main-
raining sufficient common labor because the City's wage scale is considerably lower
than the established local wage scale, stating that s number of his emoloyees have
quit and he has been unable to replace them because of the present wage scale.
Thereupon after considerable discussion, and on motion duly carried, SuDt.Moughton
was authorized to increase the wage scale for common labor .25 Der day, or to a maxi-
mum of ohio Der hour.
There being no
further business the meeting adjourned.
Mayor.~
Attest:
City Clerk,/