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082505-Regular Session MINUTES Ciby Commission, Sanford, FloridaAUGU~T 11 at~ 7:30 P M 19 47 H~~ ~ - . ~ On ao~lon dul~ adopted Ordinance No. ~19 waa nex~ ordered POSTED at the front door of the Clt~ Hall in the Ctt~ of Sanford, Plorlda, In accordance with ~e as ~ended. Commissioner Williams next introduced Ordinance No. 420, entitled: AN ORDINANCE OF THE CITY OF SANFORD , FLORIDA.$_M~DING PARAGRAPH (c) OF SECTION 12 OF ORDINANCE NO. 2?4 GOVERNING ELECTRICAL CONSTRUCTION AND THE SALE, INSTALLATION, USE, MAINTENANCE AND REPAIRS OF ELECTRICAL WIMING,APPARATUB OR EQUIPI~ENT FOR LIGHTS,HEAT OR POWER, INSIDE OR ATTACHED TO BUILDINGS IN THE CITY OF SANFORD,FLORIDA,AND CREATING AND DESIGNATING THE BOARD OF EXANINERS OF ELECTRICIANS OF THE CITY OF SANFORD, AND DEFINING THE DUTIES AND THE POWERS OF SAID BOARD AND OF THE BUILDING INSPECTORS,AND PROVIDING A PENALTY FOR THE VIOLATION OF THE PROVISIONS OF SAID ORDINANCE, PASSED AND ADOPTED ON THE 10th DAY OF OCTOBER, 1938. and same was placed on its first reading and read in full by the Clerk. On motion duly carried, the City Manager was next authorized to call for bids for furnishing two low lift Hydraulic Hoists with 6 to ? inch cylinder, complete with power-take- off, for mounting on two of the new Chevrolet Trucks purchased for the street department. On motion of Commissioner Williams, seconded by Commissioner Carraway and carried, the Commission next approwed an expenditure in amount of $390.?8 for la0or and materials furnished by J.T. Pope in repairing the brick garage building located in rear of Police Station, and furnishing and installing double front doors to the City Jail building. Request next received from Mr. L C Lavender of 216 W. 13th St. for an adjustment of hie water bill for month of July in amount of $3.82, the excessive amount of the bill caused from hidden leak in an old discontinued service line. l{r Lavender having paid the excessive bill in amount of $~.28 for month of June, which w~s also c~used by this leak. Thereupon Commissioner Carraway moved that Mr. Lavender's water bill for month of July be adjusted to the minimu~ amount of $1.98. Seconded by Commissioner Williams and carried. Mr W G Kilbee next submitted an alleged claim in amount of $92.60, covering value of the beef that he was offering for sale in the City on July 22, 1947, which was condemned and destroyed by the City Meat Inspector as being unfit for human consumption. No action taken. There being no further business the meeting adjourned. Attest: C 1.~t~: ~2~erk. MINUTES City Commission, Sanford, Florida, .......... A~s.~.....~.5 a~ l: 39. R M...19....~? The City C£ty Hall in Present: Commission of the City of Sanford, Florida, met the City of Sanford, Florida, at ?:3© o'clock P N August 25, Commissioner H.James Gut, Mayor. , George D Bishop , Andrew Carraway , Robert A Williams City Attorney Fred R Wilson City Manager & Clerk H N Bayer Deputy City Clerk Gordon L Bradley Chief of Police R.G.Williams Absent: Commissioner Lea R. Lesher. Meeting called to order by the Chairman. Sealed bids next received for furnishing two low lift hydraulic hoist Street Department as follows: SANFORD BUICK CO~ANY in regular session at 194Y. for the 2 - Daybrook Hoists , ?" diameter cylinder, complete with power-taXe-off, ca~ controls, all mounting parts and steel subframce 12 ft. long, ? ft. 4 In. wide, read for body installation. Price F.O.B.Sanford ................................................... $~95.00 each. STRICKLAND-MORRISON, INC. _ 2 - Low Lift Hydraulic Anthony Hoists, Model 2B-717,7" diameter cylinder, complete with power-take-off, gears and all mounting parts for 1947 Chevrolet Truck. Price F.O.B.Jacksonville .............................................. $334.00 each. HOLLER MOTOR SALES 2 - Low Lift Hydraulic Anthony Hoists,Uodel 2B-717, 7" diameter cylinder, complete with power-take-off, gears and all mounting parts for 1947 Chevrolet Truck. Price F.O.B.Sanford ................................................... $309.00 each Thereupon after comparison of the prices submitted and the make and type of equipment bid upon, Commissioner Williams moved the acceptance of the lowest bid, that of Holler Motor Sales in amount of $309.00 each F.O.B. Sanford. Seconded by Commissioner Bishop and carried. On motion of Commissioner Bishop, seconded by Commissioner Carraway and carried, the Clerk wax next authorized to transmit to Central Hanover B~nk & Trust Company, New York City, funds in amount sufficient to pay interest coupons due September l, 194y, on all outstanding Series A and B Refunding Bonds dated Marh l, 1937, and Series C,D. and E Refunding Bonds dated March l, 1961. Report of August analysis of milk from all dairies operating in Sanford as prepared by L R Scribner's L~.boratories at Orlando , next presented, such report showing all such milk within the requirements of Grade "A milk. Mr W.M.Hoag, Resident Engineer for the Stste Road Department, maintaining local office in the City Hall building, next appeared before the Commission and requested additional office space in order to accomodate the additional personnel that will be transferred to Sanford in connection with the several road re-surfacing projects in the surrounding area stating that a large proportion of their present office ~ being occupied as a blueprint room by Fred H Williams. MINUTES City Commission, Sanford, Florida, A~gg.~%. ~5. ~.~.. Z:30 ~ M 19 4Z Thereupon after considerable discussion, the Commission directed the City Manager to make the large room formerly used as a conference room, availa01e to the State Road Department until such time Mr Williams can arrange to move his blueprint equipment from their present office. Mr C.K. Ellis, owner and operator of the Ace Amusements , next appeared before the Commission and advised that he has two colored theatres now in operation in Sanford, one on Sanford Avenue and the other on W. Thirteenth Street, and requested that some action be taken to eliminate colored patrons to the balcony of the Ritz Theatre; stating that he was attempting to show first run pictures in hie theatres, but could not Obtain the films until they had cleared the Ritz, due to the fact that they have colored patronage, which is affecting his business because the colored people patronize first showing of pictures. He also stated that the elimination of the would afford more accomodations for ~ite patrons at the Ritz, which most of the time. the Ritz for the colored balcony is overcrowded Matter taken under advisement. Ordinance No. 420:~ entitled: ORDINANCE No. 420 AN ORDINANCE OF THE CITY OF SANFORD, A~:~ENDING PARAGRAPH(c) OF ~ECTION 12 OF 0BDINANCE NO 2?4, GOVERNING ELECTRICAL CONSTRUCTION AND THE SALE, INSTALLATION,USE,~INTENANCE, AND REPAIRS OF ELECTRICAL WIRING,APPARATUS OR EQUIPMENT FOR LIGHTS, HEAT OR POWER, INSIDE OR ATTACHED TO BUILDINGS IN THE CITY OF SANFORD,FLORIDA, AND CREATING AND DESIGNATING THE BOARD OF EXAMINERS OF ELECTRICIANS OF THE CITY OF SANFOMD, AND DEFINING THE DUTIES AND THE POWERS OF SAID BOARD AND OF THE BUILDING INSPECTORS AND PROVIDING A PENALTY FOR THE VIOLATION OF THE PROVISIONS OF SAID ORDINANCE, PASSED AND ADOPTED ON THE 10th DAY OF OCTOBER 1938. introduced and placed on its first reading at the regular meeting of August ll, 1947, was next placed on its final reading and read in full by the Clerk. Thereupon the roll was called on the passage and adoption of said Ordinance No. 420, the same being as follows: Commissioner Gut Aye " Bishop Aye " Carraway Aye " Williams Aye Thereupon the Chairman announced that the City Commission of the City of Sanford, Florida, by unanlmoue Vote had passed and adopted said Ordinance No. 420, entitled: ORDINANCE NO 420. AN ORDINANCE OF THE CITY OF SANFOBD, FLORIDA AMENDING PARAGRAPH (c) OF SECTION 12 OF ORDINANCE NO 2?4 GOVERNING ELECTRICAL CONSTMU~TION AND THE SALE, INSTALLATION, USE, MAINTENANCE, AND BEPAIRB OF ELECTRICAL WIRING, APPARATUS O~ EQUIPMENT FOR LIGHTS, HEAT, OR POWER, INSIDE OR ATTACHED TO BUILDINGS IN THE CITY OF SANFORD, FLORIDA. AND CREATING AND DESIGNATING THE BOARD OF EXA~INER$ OF ELECTRICIANS OF THE CITY OM SANF~BD, AND DEFINING THE DUTIEB AND THE PO~,~RS OF SAID BOABD AND OF THE BUILDING ~NSPECTORS AND PROVIDING A PENALTY FOR THE VIOLATION OFTHE PROVISIONS OF SAID ORDINANCE, PASSED AND ADOPTED ON THE 10th DAY OF OCTOBER 1938. On motion duly adopted Ordinance No. 420 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. Further consideration next given to the restoration of taxicab driver's permit 6f Ollie B.Woods, that was revoked by Municipal Court on January 20,194Z, for two con~ v¢ctions of traffic vio~tions, which was submitted to the Commission at meeting of June 23rd, for restoration, and ordered re-submitted after six months had elapsed from date of revocation. Thereupon after considerable discussion, and in view of the fact that Chief of Police Williams declined to recommend the restoration of the aforesaid permit, same was denied by the Commi~inn. MINUTES City Commission, Sanforcl, Florida,....A~&~SJ;-..-2.5---~ -~ ~3--(~--~-.~I ..... 19 .... ~7 Application next received from F.B.Dyson to purchase Lot 18 of Block 13 of Bel-Air,and from G.B.Elliott to purchase Lots 21 thru 25 of Block 13 of Bel-Air. This property having been acquired by the City thru foreclosure of taxes and special assessment liens. Thereupon after considering the location of the property, Commissioner Williams moved that the City offer the aforesaid lots for sale at a price of $?5.00 each. Seconded by Commissioner Bishop and carried. Communication next read from Reynolds,Sm ith & Hills, Engineers, releasing the City from any obligations for engineer-architect services relative to the construction of the proposed Municipal Dock and Terminal Facilities, and same was ordered filed. On motion duly carried, the Commission next authorized the Clerk and City Attorney access to the Safety Deposit Box at Sanford Atlantic National Bank for the purpose of securing and presenting matured Government Bonds and interest coupons for payment. The City Manager next submitted the City's application to be presented to the Civil Aeronautics Administration for the balance of the Sanford Naval Air Station property, under the provisions of the amendment to the Surplus Property Act, and on motion duly adopted, same was approved. Bill of Florida League of Municipalities in amount of $70.00, covering routine league services for fiscal year ending June 30, 19~8, next submitted and on motion cf Commissioner Williams, seconded by Commissioner Carraway and carried, same was approved and payment authorized. Communication next read from Brig. Gen J.C.Hutchison, requesting that the rifle and skeet ranges at the airport be assigned to the National Guard Unit for marksmanship training. Thereupon after considerable discussion, and in view of the fact that several organiza- tions and the Police Department desire to use these ranges for marksmanship programs, it was the opinion of the Commission that they should remain in the custody of the City and made available to all organizations. Request also received from the National Guard Unit for the Commission to adopt a Resolution authorizing and granting any City employee that will Join said Unit, a two weeks leave each year to attend the summer training program, will pay such employees the difference between their salary from the National Guard while attending said summer program. Matter taken under advisement. with a provision that the City and the compensation received The City Manager next reported had installed the crankshaft and bearings in that it had been placed back into operation, bnat the Service Engineer for Fair~anks Morse & Company one of the diesel engines at the water plant and and the power from Florida Power & Light Company discontinued, except for emergency purposes. Application next received from Florida Fashions Inc. to lease the A. & R. Building located at the Airport, and same was taken under advisement, pending approval of Civil Aeronautics Administration. The City Manager next reported that the Federal Bureau of Investigation had arranged to conduct a 20 hour course for the policemen sometime during the month of October, without any cost to the City. Consideration next given to disposing of by sale, the old municipal airport property MINUTES City Commission, Sanford, Florida . ,~Ug~t.. 25 ~J; 7:30 ? M 19 /~7 described as the S.W. 1/4 of Section ? Township 20 S. Range 31 E ( Lees Railroad right-of-way) containing 160 acres more or less, which is no longer needed by the City for airport pur- poses; also, the property acquired for the purpose of a Site for a Colored Recreation Center, described as lots 48 thru 55 of J E Pace's Subdivision of Block "C." Mellonville, and all of Amended Plat of Victoria Park, of which the purpose has been abandoned by the City Commission. Thereupon after considerable discussion as to the value of the aforesaid properties, and on motion duly carried, the Commission authorized and directed that the old airport property be listed for sale with the local realtors at a price of $8,000.00, and the colored recreation center property be listed for sale at a price of $3,000.00 , with a 5% brokerage fee to be paid by the City. The City Manager next advised the Commission of the negotiations with the National Exhibitltion Company ( New York Giants) of New York City, relative to their proposal to lease property at the Sanford Naval Air Station for the purpose of conducting their baseball training program for farm teams, and to lease the Municipal Athletic Field for the purpose of taking over the franchise of the Sanford Baseball Association and operate a baseball team of the Florida State League. He then submitted the proposed agreement for lease, which had been tentatively approved by the National Exhibition Company. Thereupon after careful consideration of the terms and conditions stipulated in the proposed agreement for lease, Commissioner Williams moved its approval,and that the Mayor and Clerk be authorized to execute same on behalf of the City. Seconded by Commissioner Carraway and carried. Said Agreement for lease being in words and figures as follows: AGREEMENT FOR ~ASE. THIS AGREEMENT, Made and entered into in duplicate as and of the ... day of August, 1947, between CITY OF SANFORD, FLORIDA, a municipal corporation, as party of the first part, and NATIONAL EXHIBITION COMPANY OF NEW YORK CITY , NEW YORK, a New York corporation organized and existing under thelaws of the State of New York, with its principal office at 104 West 42nd Street, New York City, New York, as party of the second part, WITNESSETH: THAT, if and when the party of the first part acquires title to the following described property, situate at what wes formerly the Sanford Naval Air Station, in Seminole County, Florida, to-wit: Tract of land designated as Block "E". Tract of land designated as Block "F". Building No 15 (J.O.Q Building ) and the small auxiliary building adjacent thereto. Building No. 33 ( Barracks building.) Also personal property located on said Sanford Naval Air Station that the party of the first part may acquire for furnishing said buildings No 15 and 33 and which will be described in an inventory thereof to be attached hereto and marked Exhibit "A" and made a part hereof: the party of the first part will enter into a written lease of the above described property to the party of the second part, for a period of five years from date of lease at a rental of $3500.00 per year, payable yearly in advance, and subject to renewal at the expiration thereof upon such terms and for such rental as may be agreed to between the party of the first part, its usccessors or assigns, and the party of the first part will also include the following property: and the party of t~e second part, in said lease, without additional rental, MINUTES City Commission, Sanford, Florida, ......... kua;u~-~----~5---~t~----?-'*-~O-' P-- 1~_.19 ..... 67 THE ~UNICIPAL ATHLETIC FIELD as now enclosed, belonging to the party of the first part, and situate at the Northeast corner of Nellonvllle Avenue and Celery Aven~e in the ?ity of Sanford,Florida, including the grandstand, bleachers, flood lights and other equipment thereon, and the club house belonging to the party of the first part immediately north of said athletic field as enclosed. The lease that may be entered into between the party of the first part and the party o f the second part shall contain the following covenants, the party o~' the first part being hereinafter referred to as ,'Lessor" and the party of the second part as "Lessee": l. That the Lessee shall ~lntain all of the property embraced in said lease in good condition and in accordance with the requirements of the Lessor and the Civil Aeronautics Administration 2 That the Lessee shall promptly pay all bills for utilities service. 3.That the Lessee shall take over the franchise of the Sanford Baseball Association and operate a baseball team of the Florida State League during the term of the lease. 4. That said lease shall be suDJect to the restrictions, terms and conditions of the Federal Government during the existence of any emergency declared by the President of the United States or the Congress thereof, and also subject to any and all conditions, covenants and restrictions upon which the Lessor may receive title to said property. 5. That the Lessee sh~ll use the property described as Building No 15 and Building No. 33 and the land described as Block "E" and Block "F" and said personal property for conducting a baseball training program for farm teams and for conducting baseball schools. 6.That the Lessor will appropriate the sum of $2500.00 annually to be expended as the Lessor sees fit for maintaining baseball facilities. ?.That there shall be no liability upon the Lessor if the the Lessor should be held by a court of competent Jurisdiction not to have had authority to make the above mentioned appropriation or to have had authority to include said municipal Athletic Field in said lease. 8.That the Lessor wlll furnish, when available, its own ecuipemtn and labor for constructing diamonds, mowing grass and maintaining baseball facilities out of baseball season on a cost basis to be paid by the Lessee. 9.That the Lessee shall have full respon~ibility for a. ll of the above mentioned personal property leased and let and shll ~urnish the Lessor with a good and sufficient bond in the sum of not less than $5,000.00 with a surety company authorized to do business in the State of Florida as surety thereon, and condi- tioned to pay the Lessor the reasonable value of any of said personal property that may be lost or destroyed from any cause and to pay damage to any equip- ment other than ordinary wear and tear. 10. That the Lessee shall not remove any of the aforesaid personal property from said Sanford Naval Air Station or ~'rom the building or buildings without the written consent oi' the Lessor, but if the Lessee desires to substitute any of said personal prpperty w~h personal property of its own, it may do ab upon storing at its own expense the personal property to be replaced, at such place as man be designated b~ the Lessor. ll. That the Lessee shall maintain and keep at its own expense the aforesaid buildings in good repair and the grounds surrounding them in good condition and appearance. 12. That the Lessor shall have the right to enter the premises at any time during the term of said lease for the purpose of lnsoectlng the real and personal property in order to determine whether ther terms and conditions of said lease are being observed and carried out by the Lessee. 13. That the Lessee shall during the term of said lease have the right to make alterations, attach fix%urea and erect partitions and signs in and upon the premises, which fixtures, alterations or signs so placed in or upon or attached to said premises shall be and remain the property of the Lessee and may be removed therefrom upon the termination of the lease, and the Lessee, ~ requ~ed by the Lessor, shall, upon the termination of said ~ase, restore the said premises to the same condition as that existing at the time of the Lessee's entering upon the same under said lease, reasonable and ordinary wear and tear and damage by the elements or by circumstances over which the Lessee has no control, excepted, provided, however, that if the Lessor requ~es such restoration the Lessee shall be given written notice thereof by the Lessor at ~ast thirty days before the termination of the lease. 14. That the Lessee shall not assign said lease or sublet any of said property w~hout the written consent of the Lessor. 15.That default for a period of thirty days in the payment of anyone of the aforesaid annual rentals, or default after thirty days written notice mailed to the Lessee at its last known address, in the performance Dy the Lessee of any of the covenants contained in said lease on its part to be performed shall work an im~nedlate for- feiture of said lease and the Lessor shall have the right to enter upon said prop- erty and retake possession thereof without the necessity to resort to process of law therefor. MINUTES City Commission, Sanford, Florida,. .... Au~us.t, 25-.at....Tl.30P M._19 ~? 16 That the Lessee shall surrender possession of all of the aforesaid property at the end of said term or the earlier termination of said lease, unless said ~ase is renewed, in as good condition as the same now is, ordinary wear and tear and damage by the elements excepted. IN WITNESS WHEREOF, the party of the first part has caused these presents to be exe- cuted in its name by its Mayor and attesed and its official eeal to be hereunto affixed, and the party of the second part has caused these presents to be executed in its name by its President and attested and its corporate seal to be hereunto affixed by its Secretary, all as and of the day and year first above written. CITY OF 8ANFORD, FLORIDA BY Mayor. Signed, sealed and delivered in the presence of: Attest: City Clerk NATIONAL EXHIBITION COMPANY OF NEW YORK CITY, NEW YORK. By... Its President. ~s to the party of the first part. Attest: ..... Its Secretary As to the party of the second part. Consideration next given to the matter of increasing the tax on Utility Services so as to provide additional revenue for operating expenses during the next fiscal year. Thereupon after considerable discussion, the City Attorney was directed to prepare an ordinance to amend Ordinance No. ~79, levying and imposing a tax on untillty services, so as to increase the maximum from $1.O0 to $2.00 per month. On motion duly carried, the City Attorney was next directed to prepare an ordinance amending license tax on sale of beer and wines to conform with new State Statutes, as amended by 1947 Legislature. Consideration next given to the high cost of living bonus of $10.00 per month being paid to white employees and $5.00 per month to colored , and in view of the continual increase in living cost, Commissioner Williams moved that said bonus be extended for another sixty days. Seconded by Commissioner Carraway and carried. Request next received from Willie Sutten, colored policeman, for an advance of $80.00 on his salary, for the purpose of defraying hospital expenses for his wife, to be repaid to the City at rate of $5.00 per week. Thereupon on recommendation of Chief of Police R.G.Williams, Commissioner Carraway moved that the advance of funds to Willie Sutten be authorized. Seconded by Commissioner Bishop and carried. Further consideration next given to the proposal of Smith & Gillespie to furnish engineering services in connection with the proposed construction of the ~unicipal Dock and Terminal Facilities, final action being deferred, pending further consideration. In response to the request of the Coast Guard Auxiliary to close the lakefront boule- vard on Labor Day, incident to the Boat Regatta, letter next read from N L Bryant, Jr. Division Engineer of State Road Department, authorizing the closin~ of Seminole Boulav~rd MINUTES City Commission, Sanford, Flo~ida,---.Au~t~s-t--2:~---at----7--:-3-0--P---M ....... 19.47... City Atto2ney Wilson next read notice received on behalf of the City of Bill of Complaint filed with the Judge of Circuit Court by Centr~.l Florida Quick Freeze & Cold Storage Company, Inc. for an Injunction to restrain the City from interfering with the oper~ttlon of an abattoir at their cold storage plant at 401-09 W. Thirteenth Street. Also, petitioning the Court for an Alternative Writ of Mandamus requiring the City to issue them a license to operate an Abattoir at said location. Said notice granting the CitY until September 2, 1967, to file an answer with the Court to show cause why this should not be done. Thereupon after considerable discussion and on motion duly carried, the Clt~r Attorney was directed to file a motion with the Judge of Circuit Court to Quash both suits. There being no further business the meeting then adjourned until 10:O0 A.N. September 1947. Attest: