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030848-Regular SessiontSO MINUTES City Commission, Sanford, Florida, .......Maxtch...8._&~....7..:~O....P..M ........19.4.8 The City Commission of theCity of Sanford, Florida, met in regular session at City Hall in the City of Sanford, Florida at 7:30 o'clock P ~, ~,~aroh 8, Present: Mayor. 194~. the Commissioner Robert A Williams, Andrew Randall Chase John Krlder Sr. Lea R Lesher City Attorney Fred R Wilson City Manager & Clerk H N Sayer Deputy City Clerk Gordon L. Bradley Chief of Police R G Williams. Meetlng called to order by the Chairman. Current invoices and payrolls for month of February 1948, properly audited and vouchered aa evidenced by voucher Nos 1302 thru 1406 submitted, examined, approved and payment authoriz- ed. Monthly reports of streets, sanitation, health, water, police, fire, airport and library departments for month of February 194~, submitted and examined. Financial statement and statement of revenues and expenditures during month of February 194~, submitted and examined. Bank statements in all accounts for month of February 19~8, properly reconciled, submitted and examined. Minutes of all regular, adjourned and special meetings of the Commission for period of February 20 thru March 1st , 1948, next read and approved Mr. E.C.Smith representing the Campbell Lossing Post of the American Legion, next appeared before the Board and requested the office space in the City Hall, formerly occupied by the Seminole County Chamber of Commerce, for State Headquarters, not to exceed a period of five years, conditioned on the acceptance of Sanford as a permanent site for State Headquarters. Messrs H H Coleman, Joel S.Fleld, J.L. Ingley and H.B.Pope urged the Commission to favorably consider this request as the present facilities in the Valdez Hotel are not sufficient and that t his offer of larger quarters in the City Hall building would materially help in establishing permanent headquarters in Sanford, Thereupon after considerable discussion,Commissioner Carraway moved that the City offer the State Headquarters of the American Legion, the office space in the City Hall building formerly occupied by the Seminole County Chamber of Commerce, rent free, for a oeriod not to exceed five years, providing the American Legion of the State of Florida at their annual convention to be held in April, designate Sanford as the s ire for%heir permanent state headquarters. Seconded by Commissioner Krider and carried. Mr. B.G.Duncan, Vice-President of the South Atlantic Gas Company, next appeared before the Board and requested the Commission to authorized an increase in gas rates effective April 1st, due to the continued increase in fuel and operating costs. Thereupon after considerable discussion Commissioner Carraway moved that action of the aforesaid request be deferred until the next meeting of the Co~mmission. Seconded by Commissioner Chase and carried. Mr. George Hennessy a representative of the Lumino Company of Orlando, next appeared before the Board and outlined the type of material he v~uld recommend for waterproofing MINUTES i51 City Commission, Sanford, Florida, l~a~c~ ~ a~..~:~ P ~ ..19 ~ Matter taken under advisement. Mr James Fields representing the Parent Teachers Association of the Lake Mary Schools next appeared before the Board and requested a donation for the public swimming facllitiea at Lake Nary. Thereupon after considerable discussion and due to the fact that this is beyond the City Limits, Commissioner Carraway moved that the aforesaid request be denied. Seconded by Commissioner Krlder and carried. J.W. Knowles, colored, next appeared before the Hoard, representing the Colored Welfare League, and presented a petition signed by the members of the League, requesting colored playground facilities in the Goldsboro Section. Commissioner Lesher advised the Commission that the Welfare League would purchase the property and requested the City to erect a concrete base for roller skating and a shed to be used by the children for putting on skates as well as shelter in wet weather. On motion of Commissioner Chase, seconded by Commissioner Lesher and carried, the Commission authorized an expenditure not to exceed $2,000.00 for the aforesaid playground, subject to purchase of the property and furnishing the City with good title, by the ~?elfare League. This e×pdnditure ~o ~ e charged to the Colored Recreation Fund of the Public Projects Fund. Nr. A.Edwin Sh.l~holser next appeared before the Board and requested the City to make a donation to the Seminole However, due to the fact the budget, and inasmuch as the County Chapter of the American Red Cross. that an appropriation for this purpose was not included in City is furnishing the Red Cross free office space in the old hospital building, Commissioner Carraway moved that the aforesaid request be denied. Seconded by Commissioner Chase and carried. Applic~tion next received from William Lewis, colored, for transfer of his beer and wine license from 1009 W. Thirteenth Street to lll? W. Thirteenth Street, stating that James Willie Martin would be in charge of the business. Thereupon Commissioner Carraway moved that the aforesaid transfer be a~proved, subject to approval of Chief of Police R.G.Wllliame. Seconded by Commissioner Chase and carried. Commissioner Carraway next intorduced Ordinance No. 433, entitled: AN ORDINANCE OF THE CITY OF 8ANMOMD, FLORIDA, PRESCRIBING FEES TO BE PAID FOR BUILDING PERi, ITS FOR THE ERECTION , ALTEMATION, OR RE?AIR OF ANY BUILDING OR STRUCTURE IN THE CITY OM SANMORD, FLORIDA. and same was placed on its first reading and read in full by the Clerk. The proposed lease with the West Virginia Training School, Inc. covering the orange grove at the Nunicipal Airport, was next submitted for consideration. Thereupon Commissioner Carraway moved its approval, and that the Mayor ~d Clerk be authorized to execute same on behalf of,the City. Seconded by Commissioner Chase and carried. Said lease being in words and figures as follows: THIS LEASE, made and entered into in duplicate as and of the first day of January 1948, by and between the CITY OF SANMORD, FLORIDA, a municiapl corporation, hereinafter referred to aa LESSOR and THE WEST VIRGINIA TRAINING SCHOOL, INC, a corporation organized and existing under the laws of the state of West Virginia, authorized to do business in the state of Florida, hereinafter referred to aa LESSEE, WITNESSETH: That the Lessor for:and in consideration of the rentala to be paid by the Lessor aa hereinafter stat~ed and the covenants hereinafter set forth on Lessee's part to be performed, MINUTES City Commission, Sanford, Florida, ......~.~ch.~.....~.~....Z..!.~.~....~....~. ........... 19 ....... 48 described property situate in Seminole County, ?lorida, to-wit: The two citrus groves located near the east end of the property known as Sanford Naval Air Station property, together with the buildings located thereon. TO HAVE AND TO HOLD the above described property unto ~he Lessee for a period of five years from the first day of January , 1948, at and for an annual rent of $1000.OO per year payable in advance, the first year's rent having been paid upon the execution and delivery of~this lease; subsequent rentals to be paid on the first day of January of each and every year for._the remainder of said term. The Lessee has rented and taken of and from the Lessor the above described property for the said term of five years from the first day of January , 194~ and agrees to pay therefor said annual rental of $1000.00 per year in advance as above stated, and does further covenant and agree to and with the Lessor as follows: 1. That it will at its own expense during the term of this lease properly cultivate, maintain and operate the hereby leased and let citrus groves, including fertilizing, spraying, dusting, pruning, cultivating and such other maintenances as may be necessary for the proper care of said citrus groves, and to keep the seme in a good healthy condition all to be done in due season and according to the dictates of good husbandry, and also in accordance with recognized scientific principles for the maintenance of said citrus groves in Seminole County, Florida, The Lessee shall at all times protect said citrus groves from damage by fire by maintaining fire breaks around same and keeping said groves free from weeds during the season that said weeds are inflammable. 2 That it will promptly pay all bills incurred for Doth labor and materials for the purpose set forth in the next preceding paragraph. 3. That it will keep a record of all expenses incurred for materials and labor employed in the maintenance and operation of said citrus ~roves during the term hereof, which records shall be open to inspection by authorized representatives of the Lessor and that it will render to the Lessor full and complete cop~es of said records every months during the term thereof. 4. The Lessor shall have access to said groves at all reasonable times for the purpose of inspecting the same to ascertain if the covenants on the part of the Lessee are being performed. 5. That, if in the opinion of the Lessor said citrus groves are not being properly cared for and have not been cared for in accordance with the prZnciples stated in para- graph I above, the Lessor may require the Lessee to discontinue any improper practices in the care of said citrus groves and adopt proper practices in accordance with the principles stated in paragraph l, and upon its failure to do so in a reasonable time after notice from the Lessor to do so, the Lessor may c~ncel this lease and take possession of said citrus groves. 6. That it will harvest in due season all crops of citrus fruits borne by the citrus groves hereby leased and let. ?. That unless this lease is terminated prior to the expiration of the term hereof, it will expire on December 31, 1952, but the Lessee shall have the right and privilege of harvesting the matured crop of fruit thereon for the 1952-1953 season. 8. That it will save the Lessor harmless from any and all damages to persons or property incurred in the operation by the Lessee of said citrus groves. 9. That it will not assign this lease or sublet any of said property without the written consent of the Lessor. MINUTES City Commission, Sanford, Florida, March 8 at ~:~0 P u 4~ contained in the title of ]the Lessor to the property hereby leased and let and also and all requirements heretofore or hereinafter prescribed by the Civil Aeronautics Authority. any ll. That default for a period of thirty days in the payment of any of s~id annual rentals as herein required or default in the performance of any other covenants on the part of the Lessee after sixty days ~itten notice from the Lessor to the Lessee addressed to it at its last known post office address, shall work an immediate forfeiture of this lease and the Lessor shall have the right to re-enter and take possession ofthe demised property without the necessity to resort to process of law therefor. 12. That the Lessee will surrender possession of all of the demised property at the end of~the term hereof or its earlier termination to the Lessor or its successors or assigns, In as good condition as the same now is, damage by the elements excepted. IN WITNESS WHEREOF, the LESSOR has caused these presents to be executed in its name by its Mayor, and attested and official seal hereunto affixed by its City Clerk, and the Lessee has caused these presents to be executed attested and its corporate seal hereunto affixed by and year first above written. in its name by its president and its secretary, as and of the day CITY OF SANFORD, FLOBIDA Signed, sealed and delivered in the prsence of: By Its Nayor Attest: ,, Its City ClerK. to City of Sanford, THE WEST VIRGINIA TRAINING SCHOOL, INC. By Its President. As to West Virginia Training School, Inc. Attest Further consideration was given to the request of ~r. C A Maddy, Supt. of the West Virginia Training School , Inc. to make full payment of rent on buildings ~l Administration Building , ~2 Instruction Building and ~14 B.O.Q Building. The City Nanager then advised that these three buildings contain approximately 61,968 square feet of floor area and by computing the total rent in amount of $325,000.00 on all of ~the buildings for full term of the proposed lease on square foot basl~ the pro rata of the rent for these three buildings would amount to $112,O00.00 Thereupon after considerable discussion, Commissioner Carraway moved that the City Nanager offer the three aforesaid buildings to ~r. Naddy at a price of $112,O00.00 and that the full amount be placed in escrow by the West Virginia Training School Inc, and that the City be empowered to withdraw annually an amount equal to the pre~ent annual rental. Seconded by Commissioner Lesher and carried. On motion of Commissioner Erider, seconded by Commissioner Chase and carried, the Commission next denied a request of Nurray W. Overstreet,State Attorney for a "Reserved" parking space for himself and his assistant, on Nagnolia Avenue adjacent to the Touchton Building. On motion of Commissioner Krider, seconded by Commissioner Chase and carried, the Commission also denied a request from the Kirby Vacuum Cleaner Co for a Loading Zone in front of the entrance to the Atlantic National Bank Building. MINUTES City Commission, Sanfo~d, Florida, ....... Iffarctk._~_...a~...7.1.3.Q_..l~.. I~ ........ 19 .... ~ Appeals for a three year term. Thereupon after considerable discussion, Commissioner Chase moved that Messrs J L Ingley, Edward Higgins, F.B.Ashdown and Edward F.Lane be reappointed and that Mr H James Gut replace Mr. F.A.Dyscn, as members of the Zoning Board of Appeals for a three year term. Seconded by Commissioner Lesher and carried by Commis s ioner Will ism s Aye , Chase Aye ,, Le sher Aye , Carraway Nay , Krider Nay t~e following vote of the Commission. Inspector Duncan next presented plans of a proposed Duolex Apartment to b e erected at the southeast corner of Fourteenth Street and Park Avenue , described as Lots 6 and 7 of Welllngton's Addition and zoned as R-1 ( one single family) The R-2 ( ~ultiple Family) zone terminates at the north side of Fourteenth StDeet on Park Avenue. Thereupon after considerable discussion, Commissioner Carraway moved the approval of the construction of a duplex apartment on the aforesaid property, subject to approval of the Zoning Board of Appeals, Seconded by Commissioner Chase and carried. Further consideration was next given to the request of the State Welfare Office for additional office space in the Meisch Building. Nr. H.B.Pope, Chairman of the Seminole County Commission appeared 'before the Board and requested the City to take some action on this matter , as the County Commission at their regular meeting on Tuesday ~arch 9th would also take some action. Thereupon after careful consideration and due to the fact %hat the Commission at their regular meeting of December 22, 19~7, had authorized the Fernald-Laughton Nemorial Hospital Association to lease the old hospital building at 500 Oak Avenue, the Board recommended that the Welfare Office and the County Health Unit move into the old hospital building along with the Red Cross which maintains its present offices there and that or~ of the aforesaid organizations ur~ertske the maintenance of the building. Further consideration was next given to the request of Fire Chief H N Cleveland to purchase an additional 500 feet of 2½" ~ultiple Woven Fire Hose, as there is not sufficient hose on hand to reload the trucks. Thereupon Commissioner Chase moved that the City ~anager call for bids on 500 feet of 2½" Eultiple Woven Fire Hose. Seconded by Commissioner Krider and carried. On motion of Commissioner Krider, seconded by Commissioner Carraway and carried, the Commission authorized the City ~anager to call for bids for furnishing fuel and lubricating oils forithe Water Plant, inasmuch as the present contract expires April 1st. On motion of Commissioner Carraway, seconded by Commissioner Krider and carried, the Commission next authorized an advance payment to the Seminole County Chamber of Commerce, their appropriation for the months of April and Nay 1948. Communication next received from the Central Florida Council, Boy Scouts of America, thanking the City for the donation of $500.00 towards the building fund of the Colored Scout Camp at Island Lake. Communications next received from Mr H.J.Lehman and ~r. W.A.Leffler former City Commissioners objecting to the Oity rescinding the dedication of the property at the northeast corner of Third Street and Pal~tto Avenues as a Public Parking Lot. No action taken. Communication next recelved from ~r E L Cole, Secretary of the ?lorida League of MINUTES .~ City Co~mission, Sanford, FloOds, Narch 8 at ?: 0 1 5 - :::'7 ..................................... 3 P ~ 19 11.8 - thr~l 22nd, 1948. . .. Thereupon the Mayor advised that this will be an important meeting, made for the municipalities to obtain financial assistance from the State of Florida, and requested as many Commissioners as possible to attend, as plans Will be On motion d~ly Carried the CommiSSion authorized the POstpOnement of the regular meeting of March 22nd. to a later date. The proposed lease With the Florida Fashions Manufacturing Co. Covering BUilding No. 3 Synthetic Trainer Building at the Municipal Airport was next submitted for Consideration. Thereupon Commissioner Chase 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 lease being in words and figures as follows: LEASE THIS LEASE, Made and entered into in duplicate on the 10th day of March A.D.lg48, between the CITY OF SANFORD, FLORIDA, a municipal COrporation. hereinafter referred to as LESSOR and FLORIDA FASHIONS ~ANUFACTURiNG CO~CPANy, INC, a Florida. COrporation, hereinafter referred to as LESSEE. WITNESSETH: That the Lessor, for and in consideration of the rentals agreed to be paid and covenants to be performed by the Lessee, has leased and let and by these presents does lease and let unto the Lessee the following described property, situated at what was formerly the Sanford Naval Air Station, in Seminole County, Florida, to-wit: BUILDING No.) ' ( Synthetic trainer building) and two small storage buildings adjacent thereto. TO HAVE AND TO HOLD the above described property unto the Lessee for a per]od of five (5) years from the 10th day of June 1948, at a rental of Twenty-seven Hundred Dollars ($2700.00) per year, payable One Thousand Dollars ( $1,O00.O0)per year in cash, in advance, and the remainder for the five year term, to the amount of Eighty-five Hundred Dollars ($8500.00) shall be employed by the Lessee within a reasonable rims after date hereof in making said buildings suitable for its purpose, and if the Lessee does not employ the total sum of Eighty-five Hundred Dollars (~500.00) for ~ch purpose, the unexpended portion thereof shall be prorated over the term of the lease and added to the annual cash payment. The Lessee is hereby given the right and option to renew the term of this lease agreement for an additional five year period, at an annual rental of Twenty-seven Hundred Dollars($2?OO.O0) payable in cash in advance of each year. In the event the personnel employed by the Lessee in a said building shall not average two hundred (200)or more people for/fifty week period in each of the last four years of the original term hereof, then the rent for the renewed period of the term shall be in such amount as may be agreed upon between the Lessor and Lessee. The Lessee has rented the above described property of and from the Lessor at and for the above said rental of Twenty-seven Hur~red Dollars ($2?00.00) per year, payable as above stated, the sum of One Thousand Dollars on the first year's rental having been paid upon the execution and delivery of this lease, and the remainder of said annual rental, if any, to be paid annually and in advance during the term hereof and as herein aOove provided and which rental the Lessee covenants and agrees to pay. The Lessor and the Lessee do further covenant and agree to and with each other as follows: 1. The Lessee has inspected said property and accepts the same in its present con- MINUTES City Commission, San{o~cl, Fl°rida"~'~ar'c~"~'-'-~t"'"~'::~'O-"~-"~ ....... 19.:.. ~ and in accordance with the requirements of LesSOr and the Civil Aeronautics Adm~nistrati°n' 2. The L~seor ~greee to paint the exterior of the buildings as soon as practicable after alterations are made by the Lessee ae herelnaboVe proVided. 3- In the evenY any t~xes are levied by any Governmental AgencY, other th~n the LessOr , h~ll be paid by the Lessee before they ted the ssme s as against the demised property, during ~n ieri°d of ithis lease, or any rene --e described premiSes shall ~e s ~etermlne whether the ~. In the event the aou~ ,--~ in its discretion, ~ ~ ~ -~seor deter- _ _ be untenantable, LesSOr sna~,.~ ~mised premises, and shoul~ ~ element~ ~s to -~ to restore and repair sale ~ ~_-~ ~.eaSe and determine, and expense is too b~eat _ __~ ~remlSes, this lease sn~- - mine not to repair said les~=~ ~ rent shall abate from the time said demised premises became untenantable' In the event the demised property shall be so damaged by fire or the elements and Lessor determines to promptly repair the s~me, the rent shall be absted corresponding with the tl~ and extent to which said property cannot be used by the Lessee ~fter damage occurred and before repair. Notwithstanding the foregoing paragraph and its intent, the LesSor and the Lessee do hereby mutually agree that at the option of the Lessee the following paragraph numbered ~-A shall become effective in lieu of and in place of the foregoing paragraph numbered and the Leseee's option to make operative paragraph numbered ~-A shall be evidenced by the Lessee giving unto the Lessor notice in writing of its election so to do. ~-A The Lessee, at its option, may determine to its satisfaction the amount of necessary hazard insurance, (hazard insursnce to be inclusive of fire and wind storm) to adequately insure the demised premises and may pay unto the Lessor, as additional annual rental , the amount of annual premiums which m~y be necessary to cart? such sums of hazard insurance, and upon receipt of such additional rental by the Lessor from the Lessee, the Lessor does hereby covenant and agree hated by the Lessee with an insurance policy or policies to be made payable that it will place ~uch hazard insurance as deslg- company or companies acceptable to the Lessee, such to the Lessor and the or!ginal policy to be held by the Lessor. In the event of any partial or complete destruction of said property b$ virtue of fire, wind storm or other insurable cause, then the proceeds of suc~ insurance monies shall be employed by the Lessor to the restoration of ~aid property if the destruction thereof is only partial and to the construction of such other Oulldlng on the premises as may be constructed with the said proceeds, without any liability on the part of the Lessor to advance any additional monies for either purpose; and in the event of the restoration of said property, in the event of partial destruction, or in the event of ~e construction of a new building on s~id premises, if said destruction is comolete, this lea~e .. all continue in full force and effect, subject however to an abatement of rent for the ~eriod of unavail- ability of the premises In the event such insurance should for any reason be cancelled, or expire without renewal by failure of Lessee to pay said additional amount for insurance, then Paragraph 4 of this lease shall again become operative. 5. This lease and the Lessee shall be subject to the restrictions, terms and con- ditions of the Federal Government during the existence of any emergency declared by the President of the United States or the Congress thereof, and alsolsubject to all conditions, covenants, and reetrications embodied in title to said property. 6 Th~ ?,~ MINUTES City Commission, S~.~ord, Florida, ........... ~ck...~-..a.t...Z:3D.....P_~ .......... 19....~ this lease for the purpose of inspecting the property in order to determine whether the terms and conditions of this lease are being observed and carried out by the LesBee, provided, however, that the Lessor will not exercise its right hereunder unreasonably and in such a manner as to interrupt or interfere in the Lessee's operation of its business. 8. The Lessee shall, during the term of~his lease, have the right to make alterations attach fixtures 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 this lease. 9. The Lessee shall not assign this lease or sublet any of said property without the written consent of the Lessor, but the Lessor covenants and agrees that its consent will not be unreasonably withheld to any assignment or sublease. 10. Default for a period of thirty days in making any one of the aforesaid payments of rental or default for a period of sixty days after written notice addressed by the Lessor to the Lessee at its last known address in the performance of any of the other covenants in this lease contained shall work an immediate forfeiture of said lease and Lessor shall have the right to re-enter and take possession of the leased premises without the necessity to resort to process of law therefor. ll. The Lessee shall surrender possession of all of the aforesaid property at the end of the said term or the earlier termination of this lease, unless this lease is renewed, in as good condition as the same now is, ordinary wear and tear and damage by the elements excepted. 12. Upon the Lessee promptly complying with the terms of this lease agreement, the Lessor does herein covenenat and warrant with and unto the Lesaee, that the Lessee shall have quiet and peaceful possession of said premises, of. 13. times have subject to the provisions of paragraph 5 here- The Lessor does herein warrant unto the Lessee that the the Lessee shall at all immediate egress and ingress to the demised premises, free from molestation or interference from the Lessor, its agents or representatives. IN WITNESS WHEREOF , the Lessor has cuased these presents to be executed in its name by its Mayor and attested and its official seal to be hereunto affixed by its City Clerk, and the Lessee has caused these presents to be executed in its name by its President and attested and its corporate seal hereunto affixed by its Secretary on the day and year first above written. (SEAL) Attest: H N Sayer City Clerk. Attest: Michael Ginson Its Secretary Signed, Sealed and Delivered in the Presence of: Nell K Brown Gordon L Bradley As to Lessor 5!. E. Lazor ~.elma Levy As to Lessee. CITY OF SANFORD BY... Robert A.Willi~m, . Mayor. FLORIDA FASHIONS MANUFACTURING C O~,IPAN Y INC. BY Frank Shames Its President. MINUTES City Commission, Sanford, Florida,_U~t.ok...~.._.&~--7-:3-O--P-*~ .......... 19 ..~ Cormmissloner Carraway next submitted a request from Joe Moss to eliminate the utility right-of-way running between Lots 1,2,3,? and 8 of Block ll Highland Park, which lots are owned by ~fr. ~.~oss. 5fatter taken under advisement, pending the submission of a legsl opinion by Attorney Wilson. There being no p.~.Narch 15, 194~. further business, the meeting the adjourned until 4:30 o'clock Mayor. Attest: City .~1 e'rk.