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060947-Regular Session MINUTES CitY COMMISSION, SANFORD, FLORIDA, June 9 ~t 7:~0 P M 19 47 The City Commission of the City of Ssnford, Florida, met in regular session at the City Hall in the City of °anford, Mlorida, at 7:30 o'clock P.M. June 9~ 1947. Present: Commissioner H.James G~t, Mayor. " Geo. D. Bishop " 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. Williams. Meeting called to order by the Chairman. Current invoices and payrolls for month of Uay 1947, properly audited and vouchered as evidenced by vouchers Nos 313 thru 426, submitted, examined, approved and payment authorized. Monthly reports of Streets, Sanitation, Health, Water, Police, Fire, Library, and Airport Departments for month of May 1947, submitted and examined. Financial statement and statement of revenues and expenditures during month of Nay, 1947, submitted and examined. Bank statements in all accounts for month of May 1947, properly reconciled,submitted and examined. Ur L W. Shuman, Train Master for the Atlantic Coast Line Railroad Company, next appeared with reference to Resolution No. 721 adopted by the City Commission on May 26, 1947, condemning and ordering to be placed in a sound state of repair, the warehouse building owned by McCormick Lumber Company, Orlando, which is l~ated on the East 1/2 of Block 3 of Tier 12, E.R. Trafford'e Uap, owned by the Atlantic Coast Line Railroad Company. Both having been furnished a copy of said Resolution No. 721 by registered mall which granted the owners of the aforesaid property the opportunity to appear before the Board at this meeting and show cause, if any, why said building should not be condemned. Thereupon after considerable discussion, and on advice of the City Uanager that McCormick Lumber Company had not acknowledged receipt of the aforesaid resolution, the Commission granted an extension of time until the next regular meeting to be held on June 23, 1947, for this building to be put in a state of sound repair, before starting condemnation proceedings. Ur. William C. Davison next appeared on behalf of Mr M.G. Loftin and reauested the Commission to rescind the reversion clause embodied in deed of conveyance to him of lots 35,36,37 and 34 of Lake View Park for the purpose of constructing and operating a bus station thereon, which stipulates that the property will revert to the City if the bus station is not erected and operated for a period of ten years. Mr Davison ets. ted that Mr. Loftin is being required to have title insurance on this property, which cannot be secured with the aforesaid reversion clause in the deed. He also stated that the bus station is almost completed and will be ready for operation on July ~, and that they have a conditional lease agreement with Florida Greyhound Lines, Inc., for a term of ten years for using this property as a bus station, that cannot be terminated by either party, of which he submitted a copy for approval of the Commission. Thereupon after careful examination of the lease agreement, and upon advice of the MINUTES CiTY COMMISSION, SANFORD, FLORIDA, .T~]n,~ '19 47 as a bus station for a period of ten years, Commissioner Bishop moved that the City rescind the reversion claUse embodied in the deed of conveyance of the aforesaid property to Mr. Loftin, and that the lease agreement between ~r Loftin and the Florida Greyhound Lines, Inc., be recorded in the minutes of this meeting to show the Justification for this rescindment. Seconded by Commissioner Carraway and csrrled. Mr. C.A.Naddy, Supt. of West V~ginia Training School, Inc. that has been conduct- ing a vocational treining school at the S~nford Naval Air Station next appeared and advised that the school had not been~le to quslify under the Surplus Property Disposal Act to acquire the property at the airport that had been classified for institutional purposes by the War Assets Administration, and requested the City to purchase this property under its priority, for resale or lease to the School. Thereupon after considerable discussIQn , and in view of the fact that the aforesaid property has not been appraised and a sales price placed on it, the Com- mission could not make any commitment, but assured Mr. Naddy that the City would endeav- or to acquire the property at a reasonable price for resale or lease to him for school purposes. William Lewis next appeared and requested the Commission to reconsider his application for transfer of permit and license to sell beer and wines from 907 W. 13th. Street to 1009 ~. 13th St., wh~h was denied by the Comiisslon at the meeting of Nay 26, 1947, stating that his reason for transferring his business was because he was forced to vacate the building at 907 ~. 13th St., inasmuch as the owner intends using it himself for operating a different type of business. Thereupon after considerable discussion, and in view of the circumstances sur- rounding the application of ~illiams Lewis, Commissioner Carrawey moved that the Commission rescind its p?evious action and that same be granted. Seconded by Comm~sloner Bishop and carried. Application next received from Nr. J.B.Bryan, owner of the Pig 'N Whistle Sandwich Shop at southeast corner of 25th. Street and Park Avenue, for permit to sell beer and wines at this location , and on recommendation of Chief of Police ~illiams, same was granted. Mr. Jack Ratigan, ~resldent of the Junior Chamber of Commerce, next appeared and outlined their proposed program for informing the public of the financial condition of the City by means of a series of broadcasts over the local radio station, stating that the information to be publicized will be a comparison of revenues and expenses obtained from budgets and audit reports for the fiscal years 1940-1941 thru 1945-1946. Thereupon after considerab[e discussion, it w~s the opinion of the Commission that such a program properly informing the citizens of the City's financial condition would be beneficial to both the City and its citizens, and the City ~anager was directed to assist the Junior Chamber of Commerce in preparing the information for their series of broadcast~. On motion of Commissioner Carraway, seconded by Commissioner Lasher and carried, the Commission next authorized the purchase for the [~uniclpal Library of one L.C. Smith Typewriter from L.C.Smith & Corona Typewriters, Inc., Jacksonville, at a prlce of $119.48, to be paid from the Library Fines Account. MINUTES City COMMISSION, SANFORD, FLORIDA, June 9 at 7:30 P M 19 47 with Clinton Motor from C.H.Moss at price of $185.00 to be used in the parks department. Commun~ation next read from ~unicipal Judge Sharon recommending the parole of Hattie Byrd, convicted in the Municipal Court on April 2S, 1947, for drunkenness, case No 3S447, and sentenced to serve 90 days straight time in Jail; advising that she had served 40 days of her sentence and that her husband had agreed to take her and keep her out of Sanford for six months, which would be for the best interest of the City because of her physical condition. Thereupon Commissioner Williams moved that the recommendation of the Municipal Judge be accepted and approved. Seconded by Commissioner Lesher and carried. Communication next read from Hr. Roy Holler, Chairman of the City Recreation Committee, recommending the employment of Herman Brumley as Recreation Director at a salary of $125.00 per month, Mrs Nancy Brock as Recreation Supervisor at salary of $125.OO per month, and Barbara Dampier as Assistant supervisor at salary of $50.00 per month, to conduct the City's annual ~mmer recreation program for three months period, beginning June l, 1947. Thereupon Commissioner Williams moved the employment of Herman Brumley, Nfs Nancy Brock and Barbara Dampler at the stated salaries to conduct the summer recreation pro- gram for the City in accordance with the recommendations of the Recreation Committee. Seconded by Commissioner Lesher and carried. The Recreation Committee further recommended that a colored supervisor be employed to conduct programs for the colored children, and that the funds appropriated for purchasing playground equipment be used for this purpose. Thereupon the Commission authorized the Recreation Committee to use their own dis- cretion to the extent of not over-expending the general appropriation for summer recreation activities. Communication next read from Ml~ Eva Wilson, Unit Supervisor of the State Welfare Board, requesting that they be granted three or four parking spaces on Palmetto Avenue next to the Post Office for use in connection with their office in the '~eisch building. Thereupon after considerable discussion, and in view of the fact that there is a pub- lic parking lot direct in back of the Neisch Building and also one at northwest corner of Commercial Street and Palmetto Avenue, both being located wi%bin one block of their office, the aforesaid request was denied. The Clerk next submitted a statement in amount of $3,156.60 representing funds advanced police patrolman Wade H.Raulerson for medical , hospitalization and living expenses , as a result of an accident incurred while in line of duty on Feb. l, 1945, in which Clarence C.Welsh was involved as the thud party. Nr. Raulerson having elected to collect damages from the thud party instead accepting compensation from the City under the Workmens' Compensation Law, and executed an agreement to reimburse the City all funds advanced, from funds recovered from the third party. The Clerk also advised that Mr. Raulerson's injuries consisted of a badly fractured leg, which has healed to such an extent that he can now determine the amount of his damages and is ready to employ an attorney to file claim. Thereupon after considerable discussion and in view of the City's interest in this case, the Commission offered the services of City Attorney Wilson to assist Mr. Raulerson and h~ attorney in the recovery of the aforesaid damages. MINUTES CITY COMMISSION, SANFORD, FLORIDA, Jt,tr 9 at 7:30 P 19_ 47 The Chairman next reported that the County Sheriff's office is in need of a two- way radio communication system for their automobiles, which they propose to transmit thru the police broadcasting station, but that the City's station is not adequate to transmit satisfactory coverage for the entire County; advising that the County Com- missioners have agre~ to pay $300.00 toward the purchase of a new Frequency Modu- lation Broadcasting Station, pay $50.00 per month towards its maintenance, and purchase their own automotive equipment; stating that this type of equipment will cost approximately $1,200.00, and it will also necessitate the purchase of new transmitter and receiver units for the pol~e patrol cars at a cost of approximately $515.00 each. Thereupon after considerable discussion, and in view of the fact that the Police Radio Equipment has been in service for several years and is now in such state of repair that it is beyond keeping in a satisfactory servicable condition, the Com- mission accepted the proposal of the Board of County Commissioners and instructed the City Manager to obtain sealed bids to be received by the Commission at the meeting of June 23,1947, for furnishing the new Frequency Modulation Radio Equipment, the terms to be cash on delivery, or payable October l, 1947. The City Manager next reported that one of the diesel engines in the Municipal Water Plant is out of service, due to a broken crankshaft of which the cause has not been determined, and that it will take two weeks to have the factory cast a crank- shaft, and another two weeks to have it delivered; stating that this breakdown places the plant without an auxiliary standby service, and that the Florida Power & Light Company has agreed to install a transformer and service at the plant for emergency purposes. Also, advising that the Florida Power & Light Company desires to furnish the City power for operating the plant for a 30 days test period, in order that they may submit a rate for furnishing power for pumping the water supply instead of operating the diesel engines. Thereupon after consldereble discussion and on motion duly carried, the Commission authorized the Florida Power & Light Company to furnish power for pumping water at the water plant for a 30 days test, and instructed the City Manager to withhold order on the new crankshaft until the Florida Power & Light Company submits their proposed rates for consideration. Further consideration next given to the matter of employing two additional firemen, one for each shift. Thereupon after considerable discussion , as a result of which it was felt that the force should be increased, since the airport has been annexed to the City and inasmuch as the City is growing with several new buildings now under construction, and on motion of Commissioner Carraway, seconded by Commissioner Bishop and carried, the F~e Chief was authorized to employ two additional flremen on a permanent basis. The City Manager next reported that the War Assets Administration had deleted from the City's application for transfer of the airport property certain personal property and maintenance equipment essential to the operation of the airport, in which was included all the equipment bel~ used by Mt. Roy Manning in conducting the aviation school, that in order for Mr. BrowAing to continue using this equipment, the War Assets Administration served notice last Friday , June 6, that the City would have to file application in the Jacksonville office by June 9, of its intent MINUTES CiTY COMMISSION, SANFORD, FLORIDA, 19 ? The City Manager further stated that he had prepared this application and submitted it in person at Jacksonville today, and received approval of same. Thereupon the Commission approved the filing of the aforesaid application with the War Assets Administration, and the travel expenses of the City Manager in connection therewith. Lease agreement between M.G..Loftin and Florida Greyhound Lines, Inc.,being in words and figures as follows: CONDITIONAL THIS CONDITIONAL LEASE, Nade this lOth day of January, 1947, by and between Loftin, Party of the first part,hereinafter called the LESSOR and Florida Greyhound Lines,, Inc., a corporation of Florida, with its principal place of business in Jack- $.onvllle, Duval County , Florida, hereinafter called LESSEE. WHEBEAS, Lessor has secured conveyance from the City of Sanford, Florida, of Lots 35, 36, 37 and 3~ of Lakeview Park, in said City of Sanford, Florida; and WHEREAS, it was a requirement of said City of Sanford, Florida, that a bus station be constructed and maintained for a period of ten (lC) years on said property as consideration of said conveyance; and WME~S, Lessor is about to enter various contracts for the construction of said bus station and is about to enter a lease with William C.Davlson for the oper- ation of said bus station; and WHERE~S, the Lessee herein is about to enter a contract naming said William C. Davison as its Commission Agent in the City of ~anford, Florida, which said contract with said Commission Agent will have clauses providing for the termination of said Commission Agent's contract in case of default and it is desired that the Lessee herein do bind itself to operate its bus station in the City of Sanford, Florida, on said property herelnabewe described for the full period of ten (10) years from the time of the construction of said bus station, independent of this contract appointing said William C.Davision as Commission Agent; and WHEREAS, Lessor is willing to lease the premises above described to the Lessee herein, on the terms hereinafter set forth, should said agreement with William C. Davison ever be terminated and the Lessee herein is willing to operate said bus station for its own account for said period of ten (lO) years from the date of construction of said bus station sho~ it ever become necessary to terminate said personal agreement with William C. Davision, Commission Agent; NOW, THEREFORE, THIS AGREEmeNT WITNESSETH: That for and in consideration of the covenants hereinafter to be kept and performed, the Lessor does hereby lease and demise unto the said Lessee the premises described as follows: Lots 35, 36, 37 and 3~ of LAKEVIEW PABX, in the City of Sanford, Seminole County, Florida. TO HAVE AND TO HOLD said above described premises and prooerty unto the said Lessee, its successors and assigns, for the full period of ten (lO) years from the time of the completion of the bus station now being erected on the above described premises; and the Lessee covenants and agrees to pay as rental therefor a sum equal to 4% of all gross ticket sales and all gross express sales made from said bus station, which rent shall be paid on the loth day of the following month for the preceding month and shall be accompanied with a statement of such sales. PROVIDED, however, that this lease is subject to a prior lease from the Lessor MINUTES CitY COMMISSION, SANFORD, FLORIDA, June 9 at ?:30 P }4 19 ~-7 to one William C. De.vison and shall not become effective as long as said William C. Davison remains Commission Agent for the Lessee in the City of Sanford, Mlorida, and operates the bus station on the above described property in accordance with his contract as Commission Agent with the Lessee herein. Should said william C.Davlson die or his contract as Commission Agent with the Lessee herein be terminated for any cause, or his lease with N.G.Loftin, Lessor herein, be terminated by any cause Lessor covenants and agrees to turn possession of the demised premises over to the Lessee herein and this lease shall thereupon become effective at the time of such re,!pt of possession of the demised premises by it and the Lessee covenants and agrees to continue the operation of its bus station in the City of Sanford, Florida, on the demised premises for said full period of Ten ( l0 ) years from the time of the com- pletion of the bus station now being erected by the Lessor on the demised premises. PROVIDED, further, there is expressly excepted from this lease the property designated "Filling Station" on the plans of said bus station submitted to the Lessee herein for approval and theretofore operated as a filling station; which filling station, however, shall always be operated in a manner not to unreasonably interfere with the operation of the bus station; also excepting taxi stand. AND the said Lessee covenants with the said Lessor as follows: 1. To pay the rent herein reserved, at the times and in the manner aforesaid. 2. To ~se said premises in a lawful manner, complying with all laws and ordinances now or hereafter applicable. 3. To keep the interior of the demised premises in a good state of repair. 4. To quietly and peaceably deliver up possession of said premises at the expiration of the term herein demised. AND the said Lessor covenante with the said Lessee as follows: To keep the roof of said building and the exterior portions thereof in good repair That upon the performance by the Lessee of all the covenants, stipulations and agreements herein set forth on the part of the Lessee to be kept and performed, it may quietly have, hold, occupy and use the above described premises without interruption by the Lessor or any person whomsoever claiming by, through or under him; provided, however, that upon the breach of any of the covenants, conditions or stipulations herein contained to be kept or performed by the Lessee, the Lessor shall give notice in writing of any default by Lessee, and Lessee shall have tnirty(30) days to cure said default; if such default is not ~ured in said thirty (3©) days, then Lessor may re-enter said premises and thereupon said Lessee shall forthwith move there~o~ and this lease shall be terminated. IT IS further mutually covenanted and agreed as follows: For the more effectual securing to the Lessor of the rent and other payments herein provided it le agreed, as a further condition to this lease, that the adjudication in bankruptcy or insolvency by or against the Lessee shall be deemed to constitute a br~ach of this lease, and thereupon, ipso facto and without entry or other action by' the Lessor, this lease shall become and be terminated. That if the building being erected upon the dem~ed premises shall be com- pletely destroyed by fire, windstorm or the elements or other cause during the term of this lease, the Lessor may within thirty (3©) days after such destruction, elect either to rebuild or to cancel this lease; and if the Lessor elects to rebuild he shall in writing notify the Lessee to that effect within said thirty (30) days and in that event this lease shall continue to be effective, but in such case the monthly rental shall be suspended and abated until said building shall be restored and ready for occupancy. Provided, however, that the Lessee shall have an election to cancel this lease in case of any such total destruction. Any destruction that makes the building unsuitable for the tenancy of the Lessee shall be deemed total destruction. Any destruction not making the building unsuitable for the tenancy of the Lessee shall be deemed partial destruction and the rents shall abate ratably and proportionately during the period of repairs of any such partial destruction. Any such repairs provided for in this covenant shall be promptly made by the Lessor. In the event of the cancellation of this lease under the terms of ~this covenant the Lessor will refund to the Lessee any and all moneys paid in advance as rental for the period beyond the time of destruction. M.$hould anw ~overnmental laws or regulations orohibit the use of tne dem~ed MINUTES CiTY COMMISSION, SANFORD, FLORIDA, June 9 at 7:]o P ~ 1947 491 IN WITNESS WHEREOF, the said Lessor has hereunto set his hand and seal and the said Lessee has caused these presents to be signed in its name and its corporate seal to be hereunto affixed, by its duly authorized officers the day and year Iirst above written. Signed, sealed and delivered in the prsence of: Grad~ Loftin (SEAL) (N.G.Loftin) LESSOR Cliff N.Ables Robert N.Bsker As to Lessor. A.R.Hall FLORIDA GREYHOUND LINES,INC. By P.G.HQwe President. W.H.Kltterd~v As to Lessee Attest: J.D. SeKal Asst. Secretary LESSEE There being no further business the meeting adjourned. · r /-~Wa-or. Attest: City MINUTES CITY COMMISSION, SANFORD, FLORIDA, .]T_I_~_ 20 at_` ~_'00 ~-M- 194 The City Commission of the City of Sanford, Florida, met in Special Called Session at the City Hall in the City of sanford, Florida, at 4:00 o'clock P N June 20,1947. Present: Commissioner H.James Gut, Mayor. " Geo D.Blshop " Andrew Carraway " Lea R. Lesher " Robert A Williams City Manager & Clerk H.N.Sayer Deputy City Clerk Gordon L. Bradley Meeting called to order by the Chairman who announced that the purpose of the meeting was to consider a proposal of the New York Giant Baseball Club to lease property at the Sanford Naval Station from the City for the purpose of conducting their annual spring training program for all of their farm ts&me, and operate a baseball training school. Also, to handle other matters that may come before the Board at this time. Thereupon the Commission proceeded to a lengthy discussion with Mr. Edward Hlggins, Manager of Seminole County Chamber of Commerce, Mr. George Stine, President, and Mr. John Krider, Vice-President of the Sanford Baseball Association, relative to the New York Giants program to train approximately six hundred ball players each spring in Sanford, and also to take over the franchise of the Sanford Baseball Association and operate a baseball team in the Florida State League in connection therewith. After careful consideration, and in view of the fact that the City has not acquired title to the property at the Sanford Naval Air Station that the New York Giants desire to lease, consisting of the J.O.Q Building, one of the Barracks Buildings and personal property for furnishing same, also sufficient land to construct at least ten baseball diamonds thereon, all of which belongs to the War Assets Administration, it was felt that it would be more advantageous to the New York Giants as well as the City for them to purchase and own this property for their training program. However, the Commission agreed to exercise the City's priority to purchase this property as cheaply as possible, and the convey it to them. The City Manager next reported that the Florida Power & Light Company had installed their service at the Municipal Water Plant and commenced furnishing power on June 16th, and that Engineer Abrahams made an inspection of the other diesel engine and found that the crankshaft is cracked in it also, which still leaves the plant without any standby emergency service; stating that a request had been made to Fairbanks,Norse & Company, manufacturers of these engines, to send an engineer to Sanford to determine the cause of the crankshafts cracking in both engines. Thereupon after further consideration, it was the opinion of the Commission that one of these engines should be repaired as soon as possible, in order to have auxiliary power available for safeguarding the City's water supply in case of an emergency breakdown with the power company, and on motion of Commissioner Williams, seconded by Commissioner Lesher and carried, the City Manager was authorized and directed to purchase one crankshaft and the necessary main bearings for repairing one of the engines, the estimated cost being $2,000.00 On motion of Commissioner Bishop, seconded by Commissioner Carraway and carried, the Commission next authorized the purchase of an Electrolux Cleaner for the City Hall at a price of $69.?5.