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073046 MINUTES CITY COMMISSION, SANFORD, FLORIDA, JU~y 30 at 2-'00 P M The City Commission of the City of Sanford, Florida, met in adjourned session at the City Hall in the City of Sanford, Florida, at 2:00 o'clock P ~/ July 30,1946. Present: Commissioner N.James Gut, # George D. Bishop Lea R. Lesher # U.C.Nill # Robert A Uilltams City Attorney Fred R. Wllson City Manager & Clerk H . N Sayer Chief of Police Meetim~ called to order by the Chairman. Letter next read from G.W. Spencer, Attorney for John A.Hall who operates a restaurant and beer garden at southwes% corner of Thirteenth St. and Clark Ave., filing protest ~alnst the Chief of Police for closing his place of business on Sunda~s, clalmlng that it is unJus% discrimination and not permitted by law. Thereupon Chief Williams explained to the Commission taat the reason for forbidding John A.Hall from operating his place of business on Sunda~e wae because he had sufficient evidence that he was selling beer and wines, whloh is in violation of the City Ordinance; stating that upon Investigation of complaint received by the Police Department on a Sun~, the policemen found a man in drunken condition on the premises and also evidence that beer had been served to him in this place of buslness. After hearin~ the evidence presented by the Chief of Police, ~he Commission ordered that John A Hall be notified that a hearing would be held at ~:00 o'clock P ~ on A~us~ ~,19~6, for ~h~ pu~os~ of d~lnt~ ~he~her or no~ Ctt~ llcen~ No,lO am a vendor of b~r ~ ~lnes, should be revoked b~ the Ct~f The Chal~ next presented the revocable pe~tts received from ~e Navy for the City to enter upon ~d ms.rain ~d operate ~e Sanford Nav~ Air Station, lncludi~ the use of ~1 personal property declared eu~lus to ~e Navy's needs, for consideration of ~e Com- mission. Thereupon after careful stu~ of the te~s ~d conditions set for~ ~ said revocable permits, Co~lssloner Lesher moved the accept~ce by ~e City ~d ~a% the ~or ~d Cle~ be au~orized %o execute s~e on behalf of the City. Seconded by Co~lssloner Willies ~d c~ried. Said revocable pe~tts bel~ In words ~d figures as follows: ~R-~E-M-E-N-T (Revocable Pe~it ) THIS AGRE~T, ~de ~d entered into ~is 2~th day of July 19~6 by UNITED STATES OF ~ICA, represented by the Chief of the ~reau of Ya~s and Docks, actl~ ~der the direction of the Secreta~ of the Na~, hereinafter called the ~ve~ment, mud the CITY OF S~FORD, Co~ty of Seminole, State of Florida, hereinafter called the City, WITN~$~H: ~S, the Gover~ent by proceedl~s In condemnation, filed in the District Court of ~e United States for the Sou~ern District of Flori~, entitled United States of ~erlca v.l,~ Acres of land, more or less, In Seminole Cowry, Florida, City of S~ford, et al,No. l~Orl. Clv~,acquir~ ~e fee simple title to certain l~ds, subject %o existin~ public MINUTES CITY COMMISSION, SANFORD, FLORIDA, ~Uly 30 at 2:00 19 46 remove 7. The Government reserves the right to use in place on said premises or/ therefrom any building or buildings which, in the Judgment of the Government, may be suitable or convertible for the housing of families of men in military or naval services of the United States, or for veterans and their families, or for single veterans attending educa- tional institutions. 8 The Government reserves the right to enter the said premises at any time during the existence of this permit for the purpose of inspecting the same l~'der to determine whether the terms hereof are being observed and carried out by ~he City. 9. All activities authorized hereunder shall be subject to such rules and regulations as regards supervision or otherwise, as ms~, from time to time, be prescribed by Government, or by the Commander, Naval Air Bases, Seventh Naval Dis trict, Headquarters,Naval Air Station, Miami, Florida, who is hereby designated as the local representative of l~he Navy Department. lC. No member of or delegate to Congress or residentcommissloner s~all be admitted to any share or part of this permit, or to any benefit to arise therefrom. Nothing,however, herein contained shall be construed to extend ~o any incorporated company, be for the general benefit of such corporation or company. IN WITNESS WHEREOF, the Navy Department on behalf of the United States has caused this permit to be executed the day and year first above written. THIS PERMIT, is terms herein set forth. ATTEST: H,N. Sa~er City Clerk. if the permit of America, THE UNITED STATES OF A~ERICA. By Willis R. Dudley~ By direction of the Chief of the Bureau of Yards and Docks acting under the direction of the Secretary of the Navy. also executed by the City in acknowledgment and acceptance of the CITY OF SANFORD, Florida. By H. James Gut Mayor. NAVDOCK$ 1054 R-E-V-O-C-A-B-L-E P-E-R-M- I-T (Personal Property) WHEREAS, the United States of America by proceedings in condemnation, filed in the District Court of the United States for the Southern District of Florida, entitled, United States of America v. 1490 acres of land, more or less, in Seminole County, Florida, Cl$, of Sanford et al ~13~- ORL - Civil acquired the fee simple title to certain lands for the development and operation or an airfield and facilities in connection with the activities of the United States Naval Operational Training Base, Sanford, Florida; and, WHEREAS, in connection with the operation of said United States Navail Air Station, the United States acquired certain personal property and equipment, an inventory of which is set forth as Exhibit "A" hereof, the use of which said personal property and equipment is desired by the City of Sanford. NOW THEREFORE, in consideration of the foregoing, and of the covenant8 and a~reements hereinafter mentioned, THE UNITED STATES OF AMERICA, represented by the Chief cf the 326 MINUTES CITY COMMISSION, SANfORD, FLORIDA, Jl~l~/ 30 at 2:00 P M 19 1~6 of the Permlttor described and enumerated in an inventory of such property attached here- to and made a part hereof, markel Exhibit "A". (Said EXHIBIT ON FILE WITH CITY CLERK. ) The permission hereby granted shall be subject to the following provisions and con- titione: 1 This permit shall be and become effective as of the date of its execution, and shall be indeterminate and revocable at the option and discretion of the permlttor, or by its duly authorized representative. 2. This permit shall not be assignable or transferable except upon the written consent of the Permittor, or by its duly authorized representative. 3. The Permittee shall not be considered as acqulrir~ hereunder any permanent interest or claim of whatever nature in the property covered by this permit, nor shall anything herein contained be construed as according to the Permlttee, a priority to acquire the title to said property or any part thereof in the event such property is declared to be in excess of the needs and responsibilities of the Navy Department. The Permlttee shall not, without the prior written consent of the Permlttor, or its duly authorized representative, remove any of the property from the premises upon which it is located, nor shall the Permtttee exercise any rl~ht or rights of ownership thereover, unless and until it has acquired the legal title thereto from the a~ency, department or independent establishment of the United States having Jurisdiction or control over such property. The Permittee, by its acceptance of this permit assumes responsibility for said property as the custodian thereof, and if required by the Permlttor, or by its duly authorized repre- sentative herein named, shall render an accounting thereof. The Permittee shall maintain said personal property and equipment in a good snd serviceable condition and, upon the termination of this permit, the Permittee shall return to the United Stotes, in as good condition as when received ( ordinary wear and tear excepted) all of said property, or such part thereof as may be required by the Permittor, independent establishment of the United States having property. or by the agency, department or Jurisdiction or control over such g. In the event that death or injury occurs to any person , or loss, destruction or damsge occurs to any property, in connection with the use of the personal property and equip- ment authorl~d hereunder, occasioned in whole or in part by the acts or omissions of the Permittee, its agents or employees, the Permittee agrees to indemnify and save harmless the Permittor from and against any loss, expense, claims or demands to which the Permittor may be subjected as a result of such death,loss,destruction or damage. 5- Ail activities authorized hereunder shall be subject to such rules and regulations, as regards supervision or otherwise as may, from time to time, be prescribed by the Permittor, or by the Commander,Naval Air Advanced Training Co,mmand,Jacksonville,Plorida, who is hereby designated as the local representative of the Navy Department. 6. No Member of or Delegate to Congress or Resident Commissioner shall be admitted to any share or part of this permit or to any benefit to arise therefrom. Nothing,however, herein contained shall be construed to extend to any incorporated company if the permit be for the general benefit of such corporation or company. IN WITNESS WHEREOF, the Navy Department , on behalf of the United States has caused this permit to be executed this 2hth day of July ,19~6. THE UNITED STATES OF ~ERICA MINUTES CITY COMMISSION, SANFORD, FLORIDA~JUl:V ~0 at ~,*00 P ti 19 J27 THIS PERMIT , is also executed by the Permittee terms herein set forth, ATTEST: H. N. Sa~er ~ity Clerk. The undersigned hereby certifies that he in acknowledgment and acceptance of the CITY OF SANFORD,FLORIDA By H.iJ~mes (~t Date Aug 15.1946 is the duly authorized representative of the City of Sanford and that he is empowered to acknowledge receipt of, and assume custod~ and responsibility for, the materials and equipment listed in the attached inventories . Puthermore, such materials and equipment are considered required for, or useful in connect- ion with, the operation and maintenance of the airport by the City of Sanford. iiHoJ~lleS GUt (Signature) [Tl~le~ The materials and equipment for which the City of Sanford has are hereby delivered. executed the above receipt H.A.W~eeler { S~gnature) C0mdr. USNR (Ran~) The Mayor next advised that Rear Admiral Ralph Davlson of the Naval Advanced Training Command had arranged for the City to acop~t possession of the Sanford Naval Air Station at 10:O0 o'clock A.M. August 15,19~6. Thereupon the Commission considered the matter of employing the necessary personnel to maintain and operate the air station until final disposition can be made by the War Assets Corporation, which will require a superintendent or custodian of the property, skilled men to operste the water pumping station and sewage disposal plant, guards for securing the property and laborers for maintaining the grounds. Application was then presented from Mr. Edmund B.$towe for ~e position of superintend- ent and custodian, who has been employed by the Sanford Naval Air Station for the past 3~ yearsln the capacity of superintendent of ground maintenance, and also fmiliar with the bui~din~s and property accounts. Thereupon after considerable discussion, Commissioner Lesher moved the employment of Edmund B.Stowe as custodian of the Sanford Air Station at a salary of $250.00 per month, effective as of August 1,19~6, plus an additional salary of $25.00 per month if hie services are terminated within six months. Seconded by Commissioner Williams and carried. On motion duly carried, the City Manager was next authorized to employ the other personnel necessary to the maintenance and operations of the air station, suoject to the approval of the Commission. The following bids next received for furnishing four truck tires and tubes for the Street Department: SEMIN0,LE TIRE SHOP ~l, - ?OOx20~m~_on ~-PlY~ _,..Flrest°ne. Heavy. D~.ty Truck Tires & Tubes $163.85 ..... MINUTES CITY COMMISSION, SANFORD, FLORIDA, July 30 at 2:00 P M 19 ~5 ROCKEY'S TIRE SHOP ~ - 700/x 20 - 8 ply Goodyear or Goodrich Heavy Duty Tires & Tubes ~ - ?COx 20 10 ply " " " FIRESTONE STORES IN~i. 4 - ?COx20 8-ply Firestone Heavy Duty Truck Tires & Tubes 4 - ?OOx20 lO-ply 14s.52 187.52 184.16 Thereupon after conparison of the prices submitted and the quality of tires bid upon, C Commission Hill moved that the bid be awarded to Firestone Stores, Inc. for furnishing four yOOx20 - ~-ply Firestone Heavy Duty Truck Tires and Tubes at a price of $1~5.4~. Seconded by Commissioner Lesher and carried. Commissioner Bishop next introduced Resolution No. ?O8, and after being read in full by the Clerk, moved its passage and adoption. Seconded by Commissioner Lesher and carried by the following vote of the Commission: Commissioner Gut Aye " Bishop Aye " Hill Aye " Lesher Aye N Williams Aye said Resolution no. ?08 being in words and fugures as follows: WESOLUTION NO.?08 A RESOLUTION REQUIRING THE REPAIRS BY PBOPERTY OWNER OF CERTAIN SIDEWALK IN THE CITY OF SANFORD, FLORIDA, AND FOR SUCH REPAIR THEREOF BY THE CITY OF SANFORD,FLORIDA_ UPON THE FAILURE OF THE PROPERTY OWNER TO MAKE SUCH REPAIRS WITHIN THE TIME PR~SCRIBED BY THE CHARTER OF THE CITY OF SANFORD,FLORIDA, AND FOR THE ASSESSNENT OF THE COST THEREOF AGAINST SUCH PROPERTY. BE IT RESOLVED by the City Commission of the City of Sanford, Florida, that the sidewalk shall be repaired on the WEST SIDE of PALMETTO AVENUE along and in front of the following described property, to-wit: Lots 1,2 and 3 of Block 3 of Tier 2, E.R. Trafford's ~ap in the City of Sanford, Florida, that such sidewalk s~all be repaired with cement, and shall be repaired in accordance with the ordinances of the City of Sanford, Florida, covering the construction of sidewalks, and BE IT FURTHMR RESOLVED that the City Clerk shall cause written notice of the passage and adoption of this resolution to be served in the manner required by the charter of the City of Sanford, Florida, upon the owner, or agent of the owner of the property hereinabove des- cribed, and BE IT FURTHER RESOLVED, that if the said sidewalk herein above described be not repaired within sixty (60) days after the service of notice provided for in the preced- ing paragraph, the City cf Sanford, Florida, shall proceed by contract or direct employ- ment of labor to repair such sidewalk at the expense of the owner cf the property abutting thereon, which expense shall be a lien against the respective property until paid. effective upon its passage BE IT FURTHER RESOLVED that this resolution shall become and adotpion. PASSED and ADOPTED this 30th day of July A.D.1946. Attest: H N Sayer City Clerk. (Seal) H.James qut Mayor. Geo. D.Bishop Lea R. Lesher RoOert A Williams W.C.Hill As the City Commission of the City of Sanford, Florida. Commissioner Lesher next introduced Resolution No.?09, and after being read in full MINUTES CITY COMMISSION, SANFORD, FLORIDA,~Ul~ 30 at 2:00 Commissioner Gut Aye # Bishop Aye " Hill Aye " Lesher A~e " Williams Aye said resolution No. ?09 being in words and figures as follows: RESOLUTION No. ?09 A RESOLUTION OF THE CITY COMM. ISSIONER$ OF THE CITY OF SANFORD, FLORIDA PROVIDING FOR THE DEVELOPb~NT AND IMPROVE~ENT OF CERTAIN LAND BELONGING TO THE C~T¥ BORDERING ON LAKE MONROE FOR PORT,WAREHOUSE, WHARFAGE,TRANSPORTATION AND RECREATION FACILITIES AND AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO A WRITTEN CONTRACT WITH A RESPONSIBLE PERSON,FIRM OR CORPORATION FOR SUCH PURPOSE. WHEREAS, the City of Sanford, Florida is the owner of the land lying west of French Avenue and north of First Street in said City and particularly described in the form of articles of agreement for lease hereinafter set forth, which land borders upon Lake Monroe, and the City desires to have said land developed for port, warehouse,wharfage, transportation and recreation facilities for the general benefit of said City and the inhabitants thereof: NOW, THEREFORE,BE IT RESOLVED by the City Commissioners of the City of Sanford, Florida, that said City Commissioners deem it advisable, expedient and for the best interests of said City and the inhabitants thereof to have the land owned by said City, herelna~Cove referred to and particularly described in t~e form of articles of agreement for lease hereinafter set forth, developed for port, warehouse, wharfage, transportation and recreation facilities on Lake Monroe in said City; and BE IT FURTHER RESOLVED that the M~yor and City Clerk of the City of Sanford be and they are hereby authorized to enter into an agreement with some responsible person, firm or corporation for the development of the property described in the form of articles of agree- ment for lease hereinafter set forth for the said City, said agreement to be as follows: ARTICLES OF AGREEMENT FOR LEASE This Agreement entered into in duplicate on this day of ,194. , by and between ,as party of the first part, and the City of Sanford, Florida, a Municipal Corporation of the State of Florida, as party of the second part, WITNESSETH THAT: 1. Party of the first part agrees to erect and operate a suitable warehouse terminal building of at lease 25,000 square feet, together with a suitable wharf for the purpose of loading and unloading barges or vessels, said terminal facilities to be sufficient to meet the State Road Department requirements as per copy of their resolution attached and further said facilities to be constructed and in operation within one year from the date of this agreement or satisfactory proof be made to the City Co~nisslon that the party of the first part is in position to construct said facilities. 2. To secure a reliable barge or vessel service on the river that will give to Sanford an equable freight rate within one year from the date of this agreement. 3. Extend or have extended railroad track to the terminal building or water's edge. ~. To make available for a yacht basin or a boat slip the north end of Mill Creek when State Road ~3 has been realigned and this portion abandoned. 5. To use its best efforts to develop the commercial possibilities of the City made possible by the deepening of the river to Sanford and favorable freight rates. Party of the second part agrees as follows: 1. Secure right-of-way for the alternate route of State Road ~3 and receive from the State deed to present road site as agreed by the State Road Department in resolution attached. Any lands necessary for this right-of-way are exempt from this a~reement as are any lands establishment of said facilities on Lake Monroe in MINUTES CITY COMMISSION, SANFORD, FLORIDA,July 30 at 2:00 P ~ 19 46 2. Enforce and maintain the present zoning law as it now stands lakefront. 3. When the above conditions to be performed by the party of the regarding industry on first part have been fulfilled to lease to the party of the first part the following described lands, together with all all riparian rights owned by the City north of this property for a period of ninety-nine (99) years for the sum of One thousand dollars($1,OO0.OO) per year. DESCRIPTION OF LAND OF CITY OF SANFORD, FLORIDA, LYING WEST OF FRENCH AVENUE AND NORTH OF FIRST STREET; SANFORD,FLORIDA. Beginning at a point on the south line of Seminole Boulevard as now laid out, which point is 117' west of the west lot line of French Ave., thence run south 19~.5 ' to the north line of Monroe St., thence E. ll?' to the west line of French Ave, thence south along the west line of French Ave. 948' to the north line of Commercial St., thence west 330' to the west line of Maple Ave., thence north 250' to the south line of Fulton St., thence west 248 ' to the east line of Holly Ave. , thence south 250' to the north line of Commercial Bt., thence west 416' to the east line of A.C.L. Ry. R/W as described on Pa6e 539, Deed Book 69, Orange County Records, thence north along the east line of the A.C.L. R/W 632' to the north line of Gabbett St, extended, thence east 62.5' along A.C.L.R/W, thence north along the A.C.L. R/W 55?.6' to the south line of Seminole Boulevard, thence southeasterly by the south line of Seminole Boulevard to point of beginning. AL~O Beginning at the southwest corner of land of VirEinia Csrolina Chemical Corporation, which is a point of the north line of First St., 200' more or less east of the east line of Poplar Ave, run West to the east line of Poplar Ave., north 165', west 214', North 165' West 264~ , North ?10', West 132',South 300' to the north line of Fulton St, thence West 264' to the southwest corner of Lot 4 Block X of Bt. Gertrude's Addition, thence North along the West line of Lots 4 and 8 to the south line of Seminole Boulevard, thence southeasterly along the south line of Seminole Boulevard 1222' more or less to the west line of land of A.C.L. RY, thence south along said land of A.C.L.Ry 592.4' to the north line of Gabbett St. extended, thence west 62.5' thence south along land of A.C.L.Ry 326' to land of Virginia Carolina Chemical Corporation, thence west 204', thence south 60~.4' to beginning. 4. The party of the secOnd part agrees further to include in this lease the lands of the present right-of-way of State Road ~3 when it is secured from the State. 5. Agrees to the re-platting of the land described, the abandonment of streets and alleys necessary to re-platting to accomodate commercial enterprises and to give this prop- erty the same consideration in building and maintaining streets and alleys as is the policy in other sections of the City. 6. Agrees to enter into s ninety-nine (99) year lease for any part of this property to be used by the party of the first part for the erection of buildings, wharves, tracks or loading space prior to the fulfillment of the above conditions, subject to.pro rata of the lease sum mentioned in paragraph 3 above as consideration for said lease. ? ~rees to enter into a ninety-nine (99) year lease with party of the first part for any part of this property to be used for the erecting of buildings, tracks, wharves or loading spaces by a bonafide firm approved b)' the City Commissioners of the City of Sanford, prior to the fulfilling of above conditions, subject to pro rata of the lease sum mentioned in paragraph 3 above as consideration for said lease. Party of the f lrst part agrees that the City can continue the use of part of this property for garbage dump when lease is entered into and further agrees to set aside five acres on west side of property to be used for sewerage disposal plant if City decides to ~uild one. This agreement is effective for one year from date; however if construction has been started, party of the second part agrees to a renewal for a three year period upon payment by the party of the first part of $1,0OO.00 per year. Party of the second part agrees to an option by the party of~e first part to con- vert the full lease mentioned above into a purchase of the above described land at any time MINUTES City CONIMI$$ION, SANFORD, FLORIDA,~: 00 P M caused these presents to be executed in duplicate ae and of the day and year first above written. Executed in the presence of: As to party of first part. CITY OF SANFOMD, By Nayor. Attest: As to party of second part. BE IT FURTHER RESOLVED THAT this resolution upon its passage and adoption. Passed and adopted this 30th day of July 1946. ( Seal ) Attest: H N Sayer City Clerk. FLOR IDA City Clerk. shall become effective immediately 1H.Jam_~s Gut Nayor. Geo Lea R..L_~eshe~r__ iRobe~t_A__W_l_l_~l, ia~s W C Hill As ~e City Co~lssion of City of Sanford, Florida. There being P.M. August 7, 1946 . Attest: Clerk. no further business the meeting then adjourned until 2:00 o'clock