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051247-Regular Session MINUTES CiTY COMMISSION, SANFORD, FLORIDA, May 8 at 4:30 P M 19 47 City Hall in the City of Sanford, Florida, at 4:30 o'clock P.M. May 8, 1947. Present: Commissioner H.James Gut, Mayor. " George D.Bishop " Lea R. Lesher " Robert A Williams City ~anager & Clerk H N Ssyer Absent: Commissioner Andrew Csrraway Neetlng called to order by the Chairman. Letter next read from the Seminole County Representatives to the State Legislature advising that the Bill authorizing the State Road Department to take over the maintenance of French Avenue as a connecting link of State roads had been passed by the Legislature, and that they had conferred w~h Mr Elgin Bayliss, Chairmsn of the State Road Department, relative to reconstructing this street, and as a result the following proposals were under consideration: 1. The State Road Department can immediately resurface and place all o~ French Avenue in good condition at an estimated cost of $35,000.00 2. To secure survey and make a thorough study ane %o completely reconstruct French Avenue will cost approximately $3Y5,000.00 and take from one to three years to complete. T~ereupon after careful consideration, snd in view of the existing conditionof French Avenue, it was theopinion of the Commission thst it would be for the best interest of the City to have this street resurfaced at this time so as to provide an adequate road for truck route, provided that portion of the street over the muck section will be rebuilt so as to eliminate the bad dips, and also provided the work will be completed before the next citrus season. The Clerk was then directed to convey therecommendations of the Board to the County Representatives at Tallahassee. On motion of Commissioner Williams, seconded by Commissioner Bishop and carried, the Commission next approved the purchase of one used GMC 2½ ton 6-x6 Truck from of $570.00 the meeting adjourned. War Assts Administration at a price There being no further business Attest: MINUTES CITY COMMISSION, SANFORD, FLORIDA, May 12 at 7:30 P M 19 The City Commission of the City of °anford, Florida, met in regular session at the City Hall in the City of Oanford, Florida, at y:30 o'clock P.~. Nay 12, 1947. Present: Commissioner H.James Gut, Mayor. " Andrew Carraway " Lea R.Lesher " Robert A Williams City Attorney Fred R Wilson City Manager & Clerk H N Sayer Deputy City Clerk Gordon L. Bradley Chief of Police R.G. Wllliams Absent: Commissioner George D.Bishop Meeting called to order by the Chairman. Current invoices and payrolls for month of April 1947, properly audited, and vouchered as evidenced by Vouchers Nos 201 thru 312, submitted , examined, approved and payment authorized. Monthly reports of Streets, Sanitation, Health, Water, Police, Fire, Library, and Airport Departments for month of April 1947, submitted and examined. Financial statement and statement of revenues and expenditures during month of April 1947, subm~ ted and examined. Bank statements in all accounts for month of April 1947, properly reconciled, submitted and examined. Mr. Walter I Leland, President, and Mr. Edgar Higgins, representatives of the Frenchmans Bay Boating Company, Bar Harbor, Maine, next appeared with further reference to their proposal to lease one of the municipal piers and the north section of the band- shell building for the purpose of operating sightseeing boats on Lake Monroe during the winter tourist season. Thereupon after considerable discussion of the terms and conditions to be embodied in the lease agreement, which were agreed upon, and on motion duly carried, the City Attorney was directed to prepare said lease agreement and the Mayor and Clerk author- ized to execute same on behalf of the City. The aforesaid Lease Agreement was then ordered spread on the mintes of this meeting as follows: LEASE THIS LEASE, HaoLe and entered into on the 14tn day of May,1947, between CITY OF SANFORD, FLORIDA, a municipal corporation, hereinafter referred to as Lessor, and FRENCHMANS BAY BOATING CO~!PANY, a corporation organized and existing under the laws of the State of Maine, hereinafter referred to as Lessee, WITNESSETH: That the Lessor, for the purpose of assisting in attracting tourists to the City of Sanford and to assist in providing means of recreation for tourists and permanent residents of the City, and in consideration of the rentals to be paid by the Lessee and covenants hereinafter set forth on its part to be performed, has leased and let and by these presents does lease and let unto the Lessee the north section of the bandshell on the pier in Lake ~onroe at the north end of Park Avenue in the City of Sanford, Florida, and also that certain space in Lake Monroe south of the east extension of the north wall of said above mentioned pier and extending to and including the second pier south of said extension of said north wall and also including the MINUTES CItY COMMISSION, SANFORD, FLORIDA,. Way 12 at 7:30 19 47 473 public to use said first pier south of the extension of said north wall in conjunction with the Lessee, said space to be used by the Lessee for the berthing of its boats. TO HAVE AND TO HOLD the above described property unto the Lessee for a term of Three (3) years from the date hereof at a rental of Twenty-five (25) Dollars per month, payable monthly in advance, the first month's rent having been paid upon the execution and delivery of this lease. The Lessee has leased the above described property of and from the Lessor at and for the rental aforesaid, and covenants and agrees to pay said rental as above stated, and it does further covenant and agree, as a part of the consideration for making of this lease, as follows: 1. To enclose with windows and doors before the beginning of the 1947-48 season the above mentioned portion of said bandshell and to repair and put in service the toilet facilities therein and maintain them in proper condition at all times and to keep the same open to the public at all reasonable times during the seasons of operation by the Lessee, as well as to customers of the Lessee. The above mentioned improvements for the enclosing of said portion of said bandshell and repairs to the toilet facilities shall be under the supervision of and subject to the approval of the Building Inspector of the Lessor. 2. To provide and put into operation for the season of 1947-1948 and the two subsequent seasons of 194~-1949, and 19~9-1950, its sightseeing boat "Liberty", or such other craft of equal accomodation as is practicable and desirable, and operate the same on the waters of Lake Monroe and the St. Johns niver and other waters on such regular schedules as are reasonable and may conform to the demands of the public. The reason of operation herein referred to shall extend from approximately November 15 to approximately March 1st of each year. 3. To establish reasonable rates for passenger service on said boat, such rates to be subject to revision and control by a board of three (3) persons, one (l) person to be appointed by the Lessor, One(l) by the Lessee, and the third appointed by the two (2) aforesaid members, but no change regarding rates mede by this board shall preclude either party from redress to courts of law. 4. To save the lessor harmless by reason of any claims that may arise in connection with the operation of said boat and potion of the bandshell. 5. To promptly pay the aforesal~ rental each month when the same becomes due and payable. 6. To conform to all reasonable rules and regulatior~ that may be prescribed by the Lessor or any other public authority having Jurisdiction of the metter for the oper- ation of said boat and said portion of said bandshell hereby leased and let after said rules shall have been approved by a board of three (3) persons, one (l) person to be appointed by the Lessor, one(l) by the Lessee, and the third appointed by the two (2) aforesaid members; the City Commission of the Lessor may, upon ten (lO) days' written notice addressed to the Lessee at the last known post o;fice address and after hearing and subject to the approval of the aforesaid board of three (3), declare this lease and all rights of the Lessee hereunder to be forfeited and retake possession of the premises hereby leased and let for the viol~tion by the Lessee of any one or more of said rules and regulations. 7. Not to assign this lease or sublet said premises without the written consent 474 MINUTES City COMMISSION, SANFORD, FLORiDa, May 12, &t 7:3© P ~{ 19 47 ~ If, at any time, the Lessee shall fail to maintain and operate the aforeaid sightseeing boat in accordance with its schedules for a period of thirty (30) days, except for such interruption as may be occseloned by the Act of God or the elements, this lease shall immediately cease and terminate and the property hereby leased and let shall be surrendered to the Lessor. 9. Default for a period of ten( l0 ) days in the payment of any rental payable hereunder shall likewise work a forfeiture of this lease and said property hereby leased and let shall be immediately surrendered to the Lessor. 10. This lease shall be subject to renewal for an additional term of three (3) years upon such terms and for such rental as the Lessor and Lessee may be able to agree upon. It is hereby expressly understood that in the event the Lessor is held by a Court of competent jurisdiction not to have had aut~ority to make tnis lease, there shall be no liability upon the Lessor on account thereof. IN WITNESS WHEREOF, the Lessor has caused this lease to be executed in its name by its Mayor and attested and its official seal hereto affixed by its City Clerk, and the Lessee has hereunto set its hand and seal by its President, duly authorized, the d~r and year first above written. Signed, sealed and delivered in the presnece of: Ellen Ho2 N.E. Stripling As to the Lessor. Gordon L Bradle2 G.L. Duncan As to the Lessee. ( SEAL By Walter I. Leland, hereunto Attest: CITY OF SANFORD,FLORIDA H.James Gut. Mayor. H.N.Sayer City Clerk (Lessor) FRENCHA~NS BAY BOATING C~ANY BY Walter I Leland. President. (Lessee) Nessrs George Stine, John Krider and George Toughy, representing the Sanford Baseball Association, next appeared and made a further request for the City contribute the sum of $1~500.00 toward maintaining the ~unicipal Baseball Park during the 1947 baseball season, and submitted their estl~a ted budget of revenues and expenses for operating the baseball team during said season. Thereupon after considerable discussion and careful study of the budget submitted, which showed an operating deficit, Commissioner ~illi~ms moved that the City contribute the sum of $1,000.00 to be applied toward payment of light and gas bills during the five months playing season endlng September 1, 19~7. Seconded by Commissioner Lesher and carried. Application next received from Louis Perides for permit to sell beer and wines at 1011W. 13th St. and from Williams Lewis for transfer of his permit and license to sell beer and wines from 90~ to 1009 W. 13th. St. Action deferred, pending report of City ~anager as to number of beer and wine vendors now operating on W. 13th St. Commissioner Lesher next introduced Ordinance No. 415 , entitled: ORDINANCE NO. 415. AN ORDINANCE OF THE CITY OF SANFORD,FLORIDA,PROVIDING FOR THE CONDEI~ATION AND ORDER TO BE DE~OLISHED AND R~OVED. OR TO BE PUT IN A STATE OF SOUND REPAIR. MINUTES CITY COMMISSION, SANFORD, FLORIDA, M .y 12 st 7:30 P M 19 4? PUT THE SANE IN A STATE OF SOUND REPAIR; PROVIDING FOR THE DEMOLITION AND RENOVAL OF SUCH BUILDINGS OR STPUCTURES V~HICH OANNOT BE PUT IN A STATE OF SOUND REPAIR; REQUIRING THE O?NER OR OWNERS OF SUCH BUILDINGS OR STRUCTURES TO PAY THE COST OF SUCH DE~OLITION AND RENOVAL THEREOF, AND UPON FAILURE SO TO DO THAT THE CITY ~Y SELL THE NATERIALS CONPO$ING SAID BUILDINGS OR STRUCTURES; PROVIDING FOR THE DISPOSITION OF THE PROCEEDS OF SALE AND THAT ANY ANOU~ OF THE COST OF DE~OLITION AND REd, OVAL IN EXCESS OF PROCEEDS OF SALE SHALL BE ASSESSED AGAINST THE LAND UPON WHICH SUCH BUILDING OR STRUCTURE IS LOCATED AND CONSTITUTE A LIEN THEREON, AND PROVIDING FOR THE ENFORCE:~ENT OF SUCH LIEN. and same was placed on its first reading and read in full Commissioner Carraway next introduced Resolution No. 719, full by the Clerk moved its passage and adoption. Seconded by Commissioner ~illiams and carried by the Commissioner Gut Aye " Carraway Aye " Le sher Aye " Williams Aye said resolution No 719 being in words and figures as follows: RESOLUTION No. 719. the Clerk. and after being read in following vote of the Commission: A RESOLUTION OF THE CITY C05~ISSION OF THE CITY OF SANFORD, FLORIDA, AUTHORIZING THE CONVEYANCE BY THE CITY TO THE SANFORD GARDEN CLUB, OR THE PROPER AUTHORITY OF SAID CI~B TO RECEIVE TITLE, OF CERTAIN REAL PROPERTY IN THE CITY OF SANFORD. WHEREAS, the Sanford Garden Club has for many years devoted its time and energy to beautification of the City of Sanford, and has made the City of Sanford a city the of beautiful flowers and shrubs and attractive, not only to our citizens, but to visitors to the City , and said Club desires to secure property upon which to erect a building as its permanent headquarters, and the City Commission desires to encourage said Sanford Garden Club in its work and give evidence of %ae appreciation of the City of Sanford to it for its efforts in beautifying the City: NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Sanford, Fl~ida that the City do convey to said S~nford Gsrden Club, or such authority as may be proper to hold title for it, the following described lots, pieces and parcels of land in the City of Sanford, Florida, to-wit: Lots 1 and 2 of Block ~ of NELLONVILLE, according to Plat thereof of record in Plat Book l, page 120, of the public records of Seminole County, Florida. for the erection thereon by said Sanford Garden Club of a building to be used for the purpeoe of the Club, and subject to such terms end conditions as the City Commission may determine, and the ~ayor and City Clerk are hereby authorized to execute said deed of conveyance on behalf of the City. BE IT FURTHER RESOLVED That this resolution shall become effective immediately ~.James Gut Mayor Lea R. Lesher Andrew Carraway upon its passage and adoption. PASSED AND ADOPTED this 12th day of Nay, 19~7. Robert A. Will lame Attest: H.N.Sa~er City Clerk. (Seal) As the City Commission of the City of Sanford, Flor~a. MINUTES CITY COMMISSION, SANFORD, FLORIDA, ~'~y 19 47_ Further consideration next given to application of Seminole County Motors for permi5 to install gasoline tanks and pumps on Commercial Street adjacent to their building. After considering the fact that vehicles would have to be serviced from the street and sidewalk, which would not only block the pedestrian traffic but also create a hazard, the Commission denied the aforeseid permit. Request next received from Holler ~otor Sales for permit to install two 24 ft. driveways on west side of Palmetto Avenue between Second and Third Streets for the purpose of serving parking lot in connection with their business. Matter taken under advisement. Request next received from Sanford Buick Company, 210 Magnolia Ave., Holler ~otor Sales, 200 block on E. Second St., and Homer's Soda Shop in 100 block N. Sanford Ave., for the City to install parking meters in front of their places of business , and same was ordered filed. The Clerk next reported that Allan Mitchell, colored, who operates a Beer Garden at 408 Sanford Avenue, was convicted in ~unicipal Court under date of April 2?, 19~?, for operating a disorderly place. Matter taken under advisement. As a result of an inspection made by members of the Commission and Supt. of Public Works Lublnski of the City owned property from which ~r. Carl S..~ynes requested to remove some dirt to fill in his adjacent property, Commissioner Williams next moved that the request be denied. Seconded by Commissioner Carraway and carried. Commissioner Williams next introduced Ordinance No. 416, entitled: ORDINANCE NO. 416. AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ALL ORDINANCES DESIGNATING TI~,E AS EASTEP~N WAR TIME SO AS TO READ EASTERN STANDARD TINE. and same was read in full by the Clerk. Thereupon Commissioner Williams moved that the rules be waived and said Ordinance No. 416 be placed on its final passage and adoption. Seconded by Commissioner Lesher. Thereupon the question recurred upon the waiver of the rules. The roll was called and the vote stands as follows: Commies loner Gut Aye " Carraway A~e " Lesher Aye " Will lams Aye Thereupon Ordinance No. 416 was placed on its final passsge and adoption. The roll w~s called and the vote stands as follows: Commissioner Gut Aye " Carraway Aye " Lesher Aye " Williams Aye Thereupon the Chairmen announced that the City Cor~mmisslon of the City of Sanford, Florida, by unanimous vote had passed and adopted said Ordinance No.416, entitled: ORDINANCE No. 416 AN ORDINANCE OF THE CITY OF SANFORD , FLORIDA, A~ENDING ALL ORDINANCES DESIGNATING TI4~. AS EASTERN WAR TI~E SO AS TO READ EASTERN STANDARD TIME. On motion duly adopted Ordinance No. 416 was next ordered POSTED at the front door of the City Hall In the City of °anford, Florida, in accordance with the terms of the Charter,as amended. MINUTES CITY COMMISSION, SANFORD, FLORIDA~ ~1'a.¥ 3.2 at 7:30 P 477 Commissioner Lecher next introduced Resolution No.720, and after being read in full by the Clerk, moved itc passage and adoption. Seconded by Commissioner Williams and carried by the following vote of the Commission: Commissioner Gut Aye " Lesher Aye " Carraway Aye " Williams Aye said resolution No. 720 being in words and figures as follows: RESOLUTION No. 72O. A RESOLUTION OF THE CITY COmmiSSION OF THE CITY OF S~NFORD, FLORIDA, REQUESTING THE REPRESENTATIVES OF SEMINOLE COUNTY, FLORIDA, AND THE SENATOR FROM THE THIRTY-SEVENTH SENATORIAL DISTRICT IN THE LEGISLATURE OF THE STATE OF FLORIDA , TO HAVE PASSED BY THE LEGISLATURE OF FLORIDA, A BILL ENLARGING, REDEFINING AND DECLARING THE CORPORATE BOUNDARIES OF THE CITY OF SANFORD, FLORIDA, SO AS TO k~RACE A PORTION OF THE PROPERTY HERETOFORE INCLUDED IN THE SANFORD NAVAL AIR STATION PROPERTY. WHEREA~, the City 'Commission of the City o~ S~ford,Flo~lda, deems it advisable and for the best interest of said City that its corporate boundaries be eh- larged, defined and declared so as to embrace therein a portion of the property heretofore included in the Sanford Naval Air Station property, and which is included in the bound- aries hereinafter described: NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Sanford, Florida, that the Representatives of Seminole County, Florida, and the Senator from the Thirty-seventh Senatorial District in the Legislature of the State of Florida, be and they are hereby requested to have passed by the Legislature of Florida at its 1947 session a bill enlarging, redefining and declaring the corporate boundaries of the City of Sanford, Florida, as follows: BEGINNING at a point in Lake Monroe one half mile north and 860 & 2/10 feet west of the East 1/2 mile post of Section 30, Township 19 South, Range 31 East, Seminole County, Florida, thence South in Lake Monroe and along the East boundary of Virginia Avenue in Marvanla, Second Section, and Fort Mellon Second Section, 3776 feet to the center line of Eighth Street; thence West 4?6 & 6/10 feet to the West line of the Northeast Quarter of the Southeast Quarter of Section 30 , Township 19 South, Mange 31 East; run thence South approximately ~ne and one-fourth miles to a point 30 feet South of the Southwest Corner of the Southeast Quarter of the Southeast Quarter of Section 31, Township 19 South, Range 31 East; thence East along the South property line of Twenty-fifth Street ( Geneva Avenue) to a point 1598 & 17/lO0 feet East and 30 feet South of the North 1/2 mile post of Section 6, Township 2o South,Range 31 East, run thence South one mile more or less to a point on the South line and 1589 feet East of the South 1/2 ~ile Post of said Section 6, Township 20 south, Range 31 East; thence South 437 feet to the North property line of Onora Road East; thence West along the North property line of Onora Road East to its intersection with the East property line of Mellonville Avenue; thence North along the East property line of Mellonville Avenue to its inter- section with the North property line of Onora Road West, 70 feet West and 30 feet North of the South 1/2 Mile Post of Section 6, Township 20 South, Range 31 East; thence West along the North property line of Onora Road West to its intersection with the East property line of the Atlantic Coast Line Railroad right of way; thence northerly along the East property line of the Atlantic Coast Line Rail Road right of way to its intersection with the South property line of Wylie Avenue; thence East along the South property line of Wylie Avenue to a point 336 and 35/100 feet North and 130 feet West of the Center of Section 6, Township 20 South, Range 31 East; thence North along the West property line of Mellonvllle Avenue to the center line of Woodruff Street; thence West 5185 feet on the center line of Woodruff Street to State Road No. 3; thence Southwest approximately 320 feet along the center line of State Road No. 3 to the center line of French Avenue; thence North 260 feet more or less to the center line of Woodruff Street; thence West 963 feet to center line of Mohawk Avenue in the Plat of Dreamwold; thence North along the center line of Mohawk Avenue and its extension 1661 feet to the center line of Geneva Street; thence West 31 & 2/10 feet to the center line of Cedar Avenue; thence North 1980 feet to the inter- section of the center line of Cedar Avenue with the center line of Spurling Street; thence West on the center line of Spurling Street 994 feet to the center line of Marshall Avenue; thence North on the center line of Marshall Avemue 1323 & 5/10 feet to the center line of Central Street; thence West 3308 feet to the North and South Quarter Section line of Section 35, Township 19 South, Range 30 East, at a point 661 & 2/10 feet north of the center of Section 35; thence North 5700 feet more or less on the North and South Quarter Section line of Sections 35 and 26, Township 19 South, Range 30 East, to the center line of First Street; thence East on the center line of First Street 630 feet to the East line of Tamarind Avenue;thence North on the East line of Tamarind Avenue to the center line of Commercial Street a distance of 335 feet; thence East on the center line of Commercial Street 1625 feet to the center line of Mangoustine Avenue; thence North on the center line of Mangoustlne Avenue and MINUTES CiTY COMMISSION, SANFORD, FLORIDA, May 12 at 7:30 P M 19 47 and declaring the jurisdiction and powers of said City over said corporate boundaries as enlarged, and preserving the lien of said City upon real and personal property for unpaid taxes and special assessments heretofore levied and assessed by said City. BE IT FURTH~3~ RESOLVED that this resolution shall become upon its passage and adoption. PASSED AND ADOPTED this 12th day of May 1947. ATTEST: H.N.Sa~er City Clerk. (SEAL) effective immediately H.James Gut Mayor. Lea R.Lesher Andrew Carrawa~ Robert A. Williams As the City Commission of the City of Sanford, Florida. Request next received from War Assets Administration for the City to furnish them water at the Sanford Naval Air Station without cost, inasmuch as they are now only using one building on the station. Thereupon Commissioner Lesher moved that the City terminate the contract for furnishing the War Assets Administration water at a cost of $30.00 per month. Seconded by Commissioner Carraway and carried. Inspector Duncan next reported that he had made a thorough inspection of the City Hall Building and found that it is infested with two kinds of termites, sub- terranean and dry-wood. No action taken. On motion duly carried, the City Manager was next authorized to arrange for a boat to take Mrssrs Leland and Hlggins, of the Frenchmans Bay Boating Company, on a sightseeing trip on Lake Monroe and the St. Jonns River, in order that they may pre-arrange their proposed schedules for the winter season. There being no further business P.N. May 20,1947. Attest: -- City~. the meetlng then adjourned until 7:30 o'clock