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053148-Regular Session MINUTES 1 S5 City Commission, Sanford, Florida,._.._. ~f 31 at ~:30 P M 19 48 ' ....... F'~'~'[~[:' 'F- ~'".7 ................................ at the The City Commission of the City of Sanford, Florida met in adjourned regular session City Hall in the City of Sanford, Florida at 7:30 o'clock P.M.May 31, 194S Present: Commissioner Mayor. Robert A Williams, Andrew Carraway Randall Chase " John Krider , Sr. " Lea R. Lesher City Attorney Fred R. Wilson City Manager & Clerk H N S~yer Chief of Police R. G. Williams Meeting called to order by the Chairman. Attorney G W Spencer next appeared on behalf of the Retail Liquor Dealers Association and requested the Commission to grant said liquor dealers permission to open their places of business at 3:00 o'clock P.M. on the day of Special Election for Supreme Court Justice to be held on Friday, June 4, 194~ instead of having to wait until after the polls close in accordance with the provisions of the City's ordinance regulating the sale of alcoholic beverages; stating that it would create a hardship on the liquor deelers because the election is 'being held on a Friday, the day that they transact considerable business by cashing pay-checks. Thereupon after careful consideration, the Chief of Police was directed to allow the retail liquor dealers to open their doors for business after 3:00 P.M. on said election day. Report on the proposed "Wharf and Warehouse Development,, as prepared by Smith and Glllesple, Engineers, was next suOmitted, the estimated cost for constructing said facilities amounting to $3~O,O00.00. dwelling over Park Avenue and Fifth Street a distance of approximately Mr Edward Higgins, Manager of the Seminole County Chamber of Commerce, then appeared and recommended that the City submit an application to the Reconstruction Finance Corporation to borrow the necessary funds for constructing the aforesaid terminal facilities, offering his assistance in helping the City Attorney and City Manager to prepare the application. Thereupon after considerable discussion, Commis~ioner Carraway moved that the City Attorney and City Manager be authorized and directed to prepare and submit the necessary application to Reconstruction Finance Corporation for borrowing sufficient funds to construct the proposed wharf and warehouse facilities, In accordance with the plans and specifications to be furnished by Engineers, Smith and Glllesple. Seconded by Commissioner Krider and carried. The City Manager next reported of a recent inspection of the Municipal Airport by the Marine Corp for the purpose of establishing a training base on the property, advising that he accompanied the military officials on the inspection tour and gave them all the facts relative to the present occupancy of the several buildings and the City's long range program for util- izing the entire property. Thereupon after careful consideration, the Mayor was authorized to address a Communi- cation to the Representatives in Washington D.C., advising them of the status of the airport property and requesting that it not be used by training Units of the Armed Forces unless it is absolutely necessary for the National safety. Application next submitted from Phillip Kessler for permit to move a two-story frame 300 feet. MINUTES City .Commission, Sanford, Florida,._.May....~l..~---7:-~O--P---M ............ 19..48 the aforesaid permit be granted with the understanding that no damages be incurred to the trees and streets and that all the provisions of the Building Code be complled with. Seconded by Commissioner Krider and carried. Bill of Title Guaranty and Abstract Company in amount of $25.00 covering abstract furnished on the property conveyed to the City for a colored recreation site in Goldsboro, next presented, and on motion of Commissioner Lesher, seco~ed by Commissioner Chase and carried, same was approved and payment authorized. On motion of Co,nmissioner Chase, seconded by Commissioner Carraway and carried the Commission next authorized the conveyance without cost,of lot 16 of Block 13 San Lanta Second Section, to S.N. RiChard Jr. to construct a dwelling thereon within six months from date of conveyance, under authority of Special Acts of 1945 Legislature. In connection with the application of J P GlbDs Jr, submitted at the regular meeting of ~ay 24, I'or permit to operate a peanut pushcart on the street, the Clerk next submitted letters of recommendations from Stanley-Rogers Hardware Company , G.W.Clark and Hunt's Tuxedo Feed Store. Thereupon Commissioner Chase moved that the permit and license be granted to J.P. Gibbs Jr. to peddle peanuts on the streets, excluding the areas adjacent to the Municipal Zoo and B~ll Park. Seconded by Commissioner Krider and carried. The following reports were next submitted by the Appraisal Board authorized by the Commission at the regular meeting of ~.~ay lO,19be, to appraise and establish a value on City owned lakefront property. WITNESSETH that we, reel esthete in the City of appraisals on real estate lng described property: ~ay 19, 1948 APPRAISAL OF REAL ESTATE. the undersigned, are thoroughly familiar with the value of Sanford, County of Seminole, State of Florida; that we have made on a number of occasions; that we are familiar with the follow- Beg. 559 Feet North and 2~9 feet East of Southeast corner of Block 1-N,Tier 9, of E.R.Trafford's Uap of Sanford, run West 193 feet, South 100 feet, East 356 feet, North 375 feet, more or less to Lake }~onroe, westerly along snore of La~e Nonroe to point Norta of Beginning, South to beginning, including 25 feet riparian rights for pipe line dock ( less a 90 foot strip along %he Northerly side for B/W for State Road No. 15.) and that we believe the sum of Fourteen Thousand five hundred ($14,500.00) and No/lO0 Dollars for the entire property described ~bove to be a fair valuation and market price, therefore, These Appraisers, further believe that a fair valuation and ~arket Price for the East 163 feet of said property and bordering on Lake ~onroe to be Thirteen Thousand, ($13,000.00) and no/lO0 dollars, in the event the property is sub-divided. Edward F Lane Appraiser H.James Gut Appraiser A.Bartholomew Peterson Aporaiser Raymond ~ Ball Appraiser. NAY 19, 1948 APPRAISAL OF REAL ESTATE. the underslKned, are thoroughly familiar with the v~lue of MINUTES City Commission, ~,ford, Floric~,_~.~__~_.l_._..-a..~_..~.!_.~.?......P....-.M.- ........................ 19 ........ ~& DESCRIPTION : PARCEL NO 1. ( see attached plat) Begin at a point lO15' West of the West Property line of French Avenue and 333 feet North of the North Property Line of Commercial Street; run thence North 299 feet; thence West 62.5 feet; thence North to the South Property Line of Seminole Boulevard; thence Northwesterly along the South Property Line of Seminole Boulevard to Cloud Branch; thence South along Cloud Branch and Mill Creek to a point 333 feet North of the North Property line of Commercial Street; thence Esst to point of beginning, including all Riparian Rights appurtenant thereto PARCEL NO 2. ( see attached plat) Begin at a point 150 feet South of the Intersection of the South Property Line of Seminole Boulevard with the West Property Line of French Avenue; run thence West 150 feet; thence North to the South Property line of Seminole Boulevard thence Northwesterly along the South Property Line of Seminole Boulevard ??0 feet more or less to the East Line of the A.C.L.R.R. property; thence South to a point 632 feet North of the North Property Line of Commercial Street; thence West 62.5 feet; thence South 299 feet to the proposed North Line of Fulton Street; thence East to the West Property line of French Avenue; thence South along the West Property Line of French Avenue to the point of beginning, including all Riparian Rights appurtenant thereto. PARCEL No. 3 ( see attached plat) Begin at a point on the North Property Line of Commercial Street 619 feet West o~ the West Property Line of French Avenue; run thence West 371 feet to the A.C. L. R.R. right-of-way; thence North 233 feet to proposed South Property Line of Fulton Street; thence East 371 feet, thence South to point of beginnir~. PARCEL NO 4 ( see attached plat) Begin at a point 41 feet West and 33 feet North of the Intersection of Commercial Street and French Avenue; run thence West 248 feet; thence Nort~ 2~3 feet to the proposed South Property Line of Fulton Street; thence East 2 8 feet; thence South to point of beginning. All of the above lands being in Section 24 and 25, Township 19 South, Range 30 East in the City of Sanford, Seminole County, Florida. and that we believe the sum of One Mundred-Twenty Thousand ($120,000.00) and no/lO0 Dollars to be a fair valuation and Market price therefore. Edward F Lane Appraiser H,James Gut Appraiser A. Bartholomew Paterson Appraiser Ra~mond N Ball Appraiser. Bill of the Appraisal Board in amount of $100.00, covering services rendered in making the foregoing appraisals next submitted, and on motion of Commissioner Carraway, seconded by Commissioner Chase and c arrled, same was approved and payment authorized. Further consideration next given to the application of South Atlantic 0il Company to purchase the following described lakefront property for the purpose of constructing an oil barge terminal thereon: Begin 559 feet north and 249 feet east of southeast corner of Block 1-N,Tier 9, of E.R. Trafford's Map of Sanford, run West 193 feet, South 100 feet, East 356 feet, North 375 feet more or less to Lake Monroe, Westerly along shore of Lake Monroe to point North of Beginning, South to beginning, including 25 feet riparian rights for pipe line dock (less a 90 foot strip along the northerly side for R/W for State Road No. 15) Thereupon Commissioner Chase moved the acceptance of the valuation in the sum of $14,500.00 established by the s~id Appraise/ Board as a market price on the above described property, and that it be offered for sale to South Atlantic Oil Company for said sum. Seconded by Commissioner Carraway and carried. The proposed Lease Agreement with Bohannon and Fenn. coverin~ certain f~ci~iti~a MINUTES City Commission, Sanford, Florida, ~.y... 31. ~.t..._Z.:..~.Q....P_....~ ..................19 ~8 by the City Attorney, and that the Mayor and Clerk be authorized to execute same on behalf of the City. Seconded by Commissioner Chase and carried. Said corrected Lease Agreement heirs in words and figures as follows: THIS LEASE, m~de and entered into in duplicate on the first day of June ,1948, between CITY OF SANFORD, FLORIDA, a municipal corporation of Seminole County, Florida, hereinafter referred to as LESSOR, and W A BOHANNON and FRED FENN, co-partners doing business under the name of BOHANNON & FENN of Orlando, Florida, hereinafter referred to as LESSEES, WITNESSETH: THAT the LESSOR, for and in consideration of the rentals to be paid and covenants to be performed by the LESSEES, has demised, leased and let and by these presents, does demise, lease and let unto the LESSEES the following described premises and persoml property situate at what was formerly the Sanford Naval Air Station in Seminole County, Florida, to-wit: The West 292 feet of Building No. 4 ( Hangar Building) ALSO: the north half of shop No. 2 located in the east end of said building No. 4 ( Hangar Building) ALSO: the personal property described in an inventory thereof and hereto attached and marked Exhibit "A" TO HAVE AND TO HOLD the above described premises and personal property unto the LESSEES for a term of five years from the date hereof at and for the following rentals to be paid quarterly in advance: $1,800.00 for the first year of said term, the first quarter of which has been paid upon the execution and del~ery of this lease; $3,000.00 for the second year of the said term payable quarterly in advance, and rental payable quarterly in advance to be agreed upon between the LESSOR and the LESSEES, but not to exceed the sum of $6,000.00 per year, for the third, fourth , and fifth years of said term, which rental aforesaid the LESSEES covenant and agree to pa~ as aforesaid. This lease is made subject to the following terms, conditions, covenants and restriction hereby agreed upon by and between the LESSOR AND the LESSEES, to-wit: %.Title Thls lease is made subject to that certain euitclaim deed dated the 2~th day of June , 1947, and recorded in Deed Book l~ Page 257 of the public records of Seminole County Florida, from the United States of America to %ne LESSOR, and to all the terms, conditions, covenants, restrictions and reverter provisions in said deed contained, and any and all Federal Government regulations of any kind, now or hereafter affecting such property, and it is understood and agreed that the title of the LESSOR to the property hereby leased and let is based upon said quit-claim deed. The LESSEES assume the obligations imposed on the LESSOR under said deed insofar as the property hereby demised, leased and let is concerned. There shall be no liability on the LESSOR on account of the exercise by the United States of America of any of the rights reserved by it in s~d quit-claim deed. 2. Propert~ Inspected by Lessees. The LESSEES have inspected the property hereby leased and let and accept the same in its cor~ition as and of the date hereof. 3.. Naintenance of Personal Property. The LESSEES shall at their own expense maintain all of the personal property hereby leased and let in good condition and repair, and any repairs or additions thereto shall be and become a part of the personal property repaired or added to and likewise any replacements thereof shall become the property of the LESSOR and subject to the terms and conditions of this lease. MINUTES ~-~'~ City Commission, S~nford, Florida, I~. 31 at 7:30 P M ~8 , - .............................................................................. 19 .......... personal property with personal property of their own, they may do so upon properly preparing the same for storing and storing the personal property of the LESSOR to be replaced in such p~ ce or places as the LESSOR may designate. 5. Use and Care of Premises: The LESSEES shall keep the premises hereby leased and let in a neat, clean, safe and sanitary condition, and shall not permit or suffer the commission of waste of the property he~eby leased and let nor said premises to be used for any vicious, illegal or immoral purposes or for any ourmoses that will substantially increase the rate of insurance thereon, or for any purpose in violation of State Laws, Federal Laws, or municipal ordinances rules or regulations now or hereafter in force and aoplicable t~ereto; and the LESSEES shall conform their operations and uses of the leased property with all laws, ordinances, rules and regulations of the United States of America, the State of ?lorida, and the LESSOR and of all public authorities, boards or officers relating to said premises, and relating to health and safety. ~. Aviation and Engine Mepair Shop. The LESSEES sh~ll operate a modern aviation and engine repair shop throughout the term hereof upon the premises hereby leased and let and make all such services available to the public during reasonable hours and on reasonable terms and without unjust discrimination 7. Storage facilities for Aircraft: Rates Charged. The LESSEES shall ~alntaln tnrough- out the term hereof storage facilities for all air-craft and make all suc~ services available to the public during reasonable hours and on reasonable terms and without unjust discrimina- tion, and the rates charged for such services shall not exceed the rate schedule filed by the LESSEES with the LESSOR under date of April 24, 1948. A true and correct copy is attached hereto and market Exhibit "B" and made a part hereof. 8 Aviation and Engine Repair Service for Fixed Base Operators. The LESSEES shall ~roughout the term hereof furnish aviation and engine repair service and storage facilities for Fixed Base Operators at reasonable rates. ~. Indemnity for Lessor and others. The LESSEES shall keep the LEsSoR harmless and indemnified at all times against any claim, suit, loss, cost, damage or expense by reason of any accident, loss,casualty or damage sustained in person or property by any of LESSEES, employees, patrons, guests or anyone else while on or occupying any of the leased premises or while using or operating any of the leased personal property, and to that end maintain at all times, in full force and effect, insurance against liability for damage sustained by negllignece of the LESSEES, their agents, servants, or employees, or by reason of any accident, lose, casualty or damage resulting to shy person or property through any use, mis-use or non-use of said premises or by reason of any act or t~ing done or undone, in or about said premises and property, or in relation thereto. 10. Utlllt~ Bills. The LESSEES shall pay all bills promptly for utilities servlcea of every kind rendered said premises during the term hereof. .~l._~Bs~oection by Lessor. The LESSOR shall have the right throughout the term hereof by or through its duly authorized representatives to insoect the premises hereby leased and let at reasonable business hours to determine if the terms and cord itions of this lease are being performed by the LESSEES. 12. Damage by Fire or Elements. In the event the above described premises be so damaged by fire, LESSOR shall in war, windstorm or any of the shall other elements as to be untenantable, 90 MINUTES City Commission, Sanford, Florida,_.~a~.-..-S1-..._atl:3D-..R-E ............. 19 ~ premises became untenantable. In the event the demised property shall be so dama¥.ed by fire or the elements and LESSOR determines to promptly repair the same, the rent sha~l be abated corresponding wi~x the time and extent to which said property cannot be used by LESSEES after damage occurred and before repair. l_3_~._~isht to ~ake Alterations, attach Fixtures, and Erect Partitions b~_Lessees. The LESSEES shall, during the term of this lease, have the right to make alterations, attach fixtures and erect partitions and signs in and upon the premises and the LESSEES, if required Dy the LESSOR, shall, upon the termination of this lease, restore the said premises to the same condition as that existing at the time of %he LESSEES' entering upon the same under said lease, reasonable and ordinary wear and tear and damage by the elements or by circumstances over which the LESSEES have no control, excepted, provided, however, that ~ the LESSOR requires such restoration the LESSEES shall be given written notice thereof by the LESSOR at least thirty (30) days before the termination oflthis lease. l~ Assignment or Subletting. The LESSEES shall not assign this lease or sublet say of said property without the written consent of the LESSOR. 15. Default of Payment. Default for a period of ten days in the payment of any one of the aforesaid quarterly rentals or defeult after thirty days written notice mailed to the LESSEES at their last known address, in the performance by the LESSEES of say of the other covenants contained in this lease on its part to be performed, shall work an immediate forfeiture of this lease and the LESSOR shall have the right to enter upon said property and retake possession thereof without the necessity or resort to process of law therefor. 16. Surrendered8 of Possession of Prooertl. The LESSEES shall surrender possession of all of the aforesaid property at the end of 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 d~nage by the elements excepted~ l~. Renewal. This lease shall be subject to renewal for an additional five years ~'or such rental and upon such terms as may be agreed upon between the LESSOR and the LESSEES. IN WITNESS WHEREOF, the LESSOR has caused these presents to be executed in its name by its ~ayor and attested and its official seal hereunto affixed by its City Clerk and the LESSEES have hereunto set their hands and seals as and of the day and year first above written. Signed, sealed, and delivered the presence of: As to Lessor A-~ to Lessees. in¸ By CITY OF SANFOMD, FLORIDA Attested:by }layor. Ci%-y Clerk. ( SEAL ( SEAL Co-Partners doing business BOHANNON & FENN ae The proposed Lease Agreement with Seminole County Farm Labor Association covering site for farm labor camp purchased from the War Foods Administration next submitted. Thereupon Commissioner Carraway moved its approval and that the Mayor and Clerk be auth- orized to execute same on behalf of the City. Seconded by Commissioner Chase and carried. ~ota I,~ A~reement bein~ in words and figures as follows: MINUTES 9 ! ', City Commission, Sanford, Florida, l~ay 31 at ?:30 P M 19 ~ , ~.~ - ........................................................................................... County Farm Labor Association of Seminole Lessee, County Florida, hereinafter referred to as WITNESSETH: That the Lessor for and in consideration of the rentals to be paid and covenants to be performed by the Lessee as hereinafter stated has leased and let and by these presents does lease and let unto the Lessee the following described land situate in Seminole County, Florida, to-wit: All of Block 27 of ROBINSON'S SURVEy OF AN ADDITION TO SANFORD as recorded in Plat Book l, Pages 92 and 93 of the public records of Seminole County, Florida. TO HAVE AND TO HOLD the above of five years from the first of payable in advance, Va~Tce. described property unto the Lessee for a term 1948, at and for a rental of One Dollar per year which rental the Lessee covenants and agrees to pay yearly in ad- This lease is made by the Lessor upon the condition that said property be used for a Farm Labor camp during the entire term of this lease. It is understood that the Lessor does not own the buildings on the above described property but that they belong to the Lessee and Lessee shall have the right to remove the same at the end of the term hereof. The Lessee Covenants and agrees to promptly pay all bills for utilities furnished the building on the above described property. It is further understood and agreed between Lessor and the Lessee that if the above described property hereby leased and let is not used for a farm labor Camp, or any promotly or said rental is not paid of said utilities bills are not paid /as ~foresald, possession thereof shall revert to the Lessor and this lease become null and void. The Lessee further covenants and agrees not to assign thls lease or sublease the aforesaid property without the consent in writing of the Lessor. IN WITNESS WHEREOF the Lessor has caused these presents to be executed in its name by its ~¢ayor and attested and its official seal hereunto affixed by its City Clerk, the Lessee has caused these presents to be and its corporate seal hereunto affixed by MSy, 194~. and executed in its name by its President and attested its Secretary all as and of the first day of Signed, sealed and delivered in the presence of: ~s to the party of the first part. CITY OF SA/~FORD, By_ Attest: F1 or 1 da. Mayor. H N Sayer City Clerk~ SET.{INOLE COUNTY FAP~ LABOR ASSOCIATION By_ President -- Attest:_ Secretary ~s to the party of the Second Part. MINUTES City Commission, Sanford, Flozida,.....May.. 3.1....a-1;-..-Z~--~--0--- P-----~ ............ 19 ....~ Communication next read from the Zoning Adjustment Board recommending that a Public Hearing be held to consider the following changes and amendments in the Zoning Ordinances. That the area zoned in District R-1 ( One Single M~.mily) bounded on the north by Fourteenth St., east by alley between Park Avenue and ~agnolia Avenue, extending south along the east property line of the property abutting on Park Avenue to the north property line of Teague'S Addition, thence west to the alley between Park Avenue and Oak Avenue, thence north along the west property line of the property abutting on Park Avenue to Mourteenth Street; be chenged to R-2 ( ~ultlple Msmlly ) ~istrict. Thereupon after careful study of the Zoning Nap , that a Public Hearing be held at 8:00 o'clock P N on the consider the foregoing changes in %he Zoning Ordin~nce , hearing be published in the Sanford Herald. Seconded by Commissioner Chase and carried. There being no further ~usiness the meeting then adJoun~ed until 1:3© o'clock P.~. Commissioner Carraway moved 18th day of June, 19~, to and that legal notice of ~ch June 7, 19~8. :a~ on. ' Attest: City Clerk.