122346-Regular Session MINUTES
City COMMiSSiON, SANFORD, FLORIDA,__
eo. 23 7;' o P M 19
The City Commission of the City of Sanford, Florida, met in regular session at the
City Hall in the City of Sanford, Florida, at ?:~0 o'clock P M December 23, 1946.
Present: Commissioner H. James Gut, Mayor.
" Geo. D.Blshop
" Lea R. Lesher
Robert A Williams
City Attorney Fred R.Wilson
City Manager & Clerk H.N.Sayer
Chief of Police R.O.Wllliams
Absent: Commissioner W.C.Hill
Meeting called to order by the Chairman.
The proposed Ordinance prohibiting the display of merchandise, stands, racks and
other obstructions on the sidewalks was next presented for further consideration.
Thereupon after considerable discussion, action was deferred, pending further
conslder~tion of the matter.
The proposed lease agreement with James S.Rivers covering site for the radio
broadcasting station was next submitted and read in full by the Clerk.
Thereupon Commissioner Lesher moved its aoproval an~ that the Mayor and Clerk
be authorized to execute same on behalf of the City.
Seconded by Commissioner Williams and carried.
Said lease agreement being in words and figures as follows:
THIS INDENTURE OF LEASE AND EASEi~ENT, made in duplicate this 23rd day o f
December, 1946, by the 0ITv OF SANFORD, FLORIDA, a municipal corporation, hereinafter
referred to as lessor and JAMES S RIVERS, of Cordele, Georgia, hereinafter referred to
as lessee, witnesseth:
That the lessor for and in consideration o f the rentals to be paid by the lessee,
and covenants on his part to be performed as hereinafter stated, has leased and let,
and by these presents does lease and let unto the lessee~ the following described
lots, pieces or parcels of land, situate in the City of Sanford, Florida, to-wit:
Lots 5 and 6 of Block 4 of MELLONVILLE, according to plat thereof of record
in ~_t ~-rra~ .z~ ~_ _ ~ in Plat Book 1, page 120, of the public records
of Seminole County, Florida.
and has granted, and by these presents does grant to the lessee, an easement across
the following described property,to-wit:
Ail of Block 2, and beginning at southwest corner of Block 2, run west
to block B ( Now plat of First Street Extension) thence North to Lake
Monroe, Easterly along lake to west line of Block 2, thence South to
beginning:
Lots 1,2,B, and 4 of Block 4; Lots 1,2,3 and 4, of Block 5 MELLONVILLE,
according to plat thereof of record in Plat book 1, page 120 of the
public records of Seminole County, Florida
TO HAVE AND TO HOLD the above described premises and easement unto the lessee
for a period of ninety-nine (99) years from the date hereof, unless sooner terminated,
subject to the terms and conditions hereinafter set forth.
The lessee has leased and let the above described premises of and from the Lessor
for the term aforesaid and agrees to pay the lessor the sum of one ($1.00) per year,
payable in advance, for the first ten years of this lease, and the rental hereinafter
stated for the remainder of said term.
And the lessee, as further consideration, for this lease and easement, agrees that:
1. The aforesaid premises are leased by him for the purpose of erecting and
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CiTY COMMISSION, SANfORD, FLORIDA,
within a period of one year from the date of this lease and easement.
2. The easement aforeeaid, across the premises secondly above described,
for use only by the lessee for the purpose of installing underground aerial mat,
is granted
which
shall be so installed that said property c an be used by the lessor, its successors or
assigns, for building, planting or other purposes.
3. The lessor shall have the right to examine the exterior plans for any building
or buildings purposed to be erected by the lessee on the above described premises,
prior to its or their erection, and said exterior plans shall be subject to the approval
of the lessor.
4. Any building or buildings erected by the lessee upon the above described premises
shall be and become a part of the lands upon which erected, and upon the expiration of the
term of this lease, or its earlier termination, shall be and become the property of the
lessor, its successors or assigns
5. AnY building or buildings erected upon the above described premises shall be at
all times kept in a state of sound repair and neat appearance and, likewise, the grounds on
which said radio station shall be erected shall be at all times maintained in a neat and
attractive manner, and upon failure of the lessee to comply with this covenant after 30 days
notice in writing by the lessor so to do, the lessor shall have the right to enter upon
said premises for the purpose of performing the provisions hereof, and the lessee shall
reimburse the lessor for the expenses thereof within BO days after presentation of
bill therefor.
6. Lessee shall keep any and all buildings erected upon the hereby leased and let
premises, insured against all risk of damage or destruction by fire and windstorm to their
full insurable value. Said insurance policy or policies shall be payable to the lessor
and lessee Jointly, and in case of partial loss or damage to said building or buildings,
proceeds of said insurance policy or policies shall be applied to the restoration of
said building or buildings to its, or their, former condition; and in the event of a com-
plete destruction of said building or buildings, the lessee agrees within one year from the
date of said destruction to erect on said premises a new building or buildings, and the
proceeds of said insurance policy or policies may be applied for such purpose, said
of
building or buildings, to be/at least equal to, if not greater, value than the building or
buildings destroyed; and over and over again so long as said partial or complete destruction
may occur.
?. If the radio station to be erected upon the above described premises ceases to
function at any time during the term of this lease, and does not function for a period of
one year, this lease shall become null and void and of no effect and the lessee shall imme-
diately surrender possession of said premises and buildings erected thereon and easement to
the lessor, its successors or assigns.
S. The lessee will pay to the lessor for the eleventh and each successive year of
said term thereof, to and including the fifteenth year, one percent of the gross income of
the radio station to be erected by the lessee on the above described premises; one and
one-half percent of said gross income for the sixteenth and each year thereof until, and including
the twentieth year, of said term, and two percent of said gross income for each year there-
after until the end of said term. The aforesaid rentals shall be paid to the lessor by the
lessee annually, and detailed report of said income shall be made to the lessor by the lessee
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CiTY COMMISSION, SANFORD, FLORIDA, Dec. 2'~ at 7:'~o P M
19
shall be made to lessor, its successors or assigns, within thirty days after
the end of each year.
9. Any building or buildings
or any other improvements thereon,
the and the lessee
lessor,
that may be erected on the above described premises,
shall be assessable for personal property taxes by
shall pay, before they become delinquent, said personal
property taxes, and shall pay before they become delinquent,
taxes and special assessments that may be assessed against
and personal property.
all state and/or county
said land and premises
10. The lessee shall not assign this lease without the written consent of the
lessor.
11. The lessee shall save the lessor harmless from any claim for damages to
any person or persons incurred in the erection or operation of said radio station, and
may
shall reimburse the lessor for any damages it/sUstain by reason thereof.
12. He will at all times obey and comply with all legal requirements, rules and
ordinances of lessor and laws of the State of Florida and of the United States which
may affect the premises hereby leased or the business carried on therein.
Lessor covenants and agrees that the lessee upon paying the rentals and performing
and fulfilling the conditions and provisions hereof, upon Lessee's part to be paid,
performed and fulfilled, shall and may peacably and quietly hold, occupy and enjoy the
aforesaid premises, for and during the term aforesaid, free from any act, hindrance, eJectment
or molestation by the said lessor or any person or persons claiming through or under it.
This lease is made upon the express conditions that said lessee shall promptly pay the
rental hereunder ~nd shall fulfill and perform all and singular the agreements, conditions
and provisions, contained herein, in the manner provided for herein; and if at any
time the rental hereunder, or any part thereof, shall remain unpaid for thirty (30) days
after it becomes due without demand made therefor; of if the lessee shall fail to pay,
before they become delinquent, taxes and speolal assessments as herein before required,
or to fulfill any of the other terms and conditions hereof, in the manner called for
herein; and if said non-performance or non-fulfillment shall continue for a period of
sixty (60) days after written notice of the same has been given to the lessee, or
his duly authorized agent, it shall be lawful and optional for the lessor to declare
a forfeiture of this said lease; and into said premises to re-enter and the same to
have again, repossess and enjoy as in lessor's first and former estate; and thereupon
this lease and all agreements and covenants on the lessor's behalf to be performed and
kept, shall cease, terminate, and be utterly void, the same if this lease had not b sen
made; and in addition thereto, the lessor shall be entitled to whatever remedies it may
have at law, for the collection of any unpaid rental hereunder or for any other sums,
for damages or otherwise, that it may have sustained on account of the lessee's non-
fulfillment of the terms and conditions of this
IN WITNESS ~HEREOF, the lessor has caused
name by its Mayor and attested and its official
lease.
these presents to be executed in its
seal to be here unto affixed by its
City Clerk, and the lessee has hereunto
and year first above written.
Signed, sealed and delivered
in the presence of:
Ellen Hey
set his hand and seal, all as and of the day
CITY OF S ANMORD, FLORIDA
BY H.James Gut
~ts Mayor.
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CITY CONiMISSlON, SANFORD, FLORIDA, Deo 23 at 7'-30 P ~
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Application next received from Ho~ler MotOr Sales for the City to remove three oak
trees from the parkway in front of their property at southwest corner of Palmetto Ave and
Second St., and on motion duly adopted same was authorized,provided they pay for the cost oflsame.
Application next received from Holler ~otor Sales for permit to remove 165 feet
of street curbing on west side of Palmetto Ave. between Second and Third Streets and
replace same with commercial driveway, and on motion duly carried, same was granted.
Request next received from F.D.Scott for the City to install an overhead street
light at intersection of Summerlln Ave. and Fourth St, and same was denied.
Commissioner Bishop next introduced Ordinance No. 409 entitled:
ORDINANCE NO. 409.
AN ORDINANCE OF THE CITY OF SAN~ORD FLORIDA_ PROVIDING FOR SAFETY TO LIFE
IN PLACES OF ASSEMBLY IN THE CITY OF SANFOB~, FLORIDA, PROVIDING CERTAIN
REGULATIONS THEREFOR, AND PRESCRIBING A PENALTY FOR VIOLATION OF THE
PROV IS IONS HEREOF.
and same was placed on its first reading and read in full by the Clerk.
Neesrs John Krider, Joel Field, Floyd Palmer, Geo. Stine and Julian Stenstrom next
appeared on behalf of the Sanford Baseball Association ~nd registered a protest against
the City granting the Chattanooga Baseball Club the use of the Nunicipal Baseball Park
for conducting a baseball training school during the period January 20 thru February 19
19~?, claiming that with approximately 150 ball players training on the field during
this period will damage it to such an extent that it cannot be reconditioned and placed
in satisfactory playing condition for the Toledo Baseball Club that will arrive in
Sanford on Narch ?th, for~their spring training; also stating that the Sanford Baseball
Association will not accrue any benefits from this baseball school because all the
players will be assigned to farm teams of the Washington Senators.
The Chairman then advised this Committee that the Seminole County Chamber of Commerce
had arranged for the Chattanooga Baseball Club to conduct this training school in Sanford
and use the ball park for this purpose without consulting the City on the matter, however,
that Mr Joe Engle, President of the Ball Club had agreed to assume full responsibility
for the cere and maintenance of the field while it is used by the training school and
has guaranteed to deliver it back to the City in as good condition as when they take it
over.
Mr F E Boles addressed the Commtselon on behalf of the Seminole County Chamber of
Commerce Baseball Committee, stating that they had invited this school to Sanford
because they felt the City would accrue benefits from the publicity to b e derived
from the approximately 150 young men that will visit Sanford while the School is in
session.
Thereupon after considerable discussion, final action was deferred, pending written
report from Nr Edward Higgins, Nanager of the Seminole County Chamber of Commerce, as to the
proposition offered the Chattanooga Baseball Club and the obligations and responsibilities
to be assumed by the City in connection with their baseball training program.
A colored group representing the Sanford Giants baseball team next appeared and requested
the City to erect a grandstand at the colored baseball park in order that their team may qual-
ify to enter the Colored Florida State League for the 1947 season, stating that they could not
qualify unless their perk had a sheltered grandstand with adequate sanitary facilities;
also advising that the City of Orlando had erected a grandstand during the past year
that is similar to the one needed for their requirements.
Thereupon the City Nanager was directed to obtain information as to the seating
capacity and construction cost of the grandstand erected by the City of Orlando, for
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CiTY Co. MissioN, S^NFORD, FLORiOA,DeC.
23 at 7:30
19 /46
new F & E Check Protector manufactured by Hedman Company, Chicago, Ill. at a price
of $149.50 less trade-in allowance of $35.00 on old machine that has worn to such
an extent that the cost of reconditioning is unreasonable.
On motion of Commissioner Lesher, seconded by Commissioner Bishop and carried,
the Commission next approved the ourchase from B.J.Van Ingen & Company, Nlaml, of
6 refunding Series A bonds at a price of $677.50 each.
The plans for the proposed Bus Station to be constructed by Nr.N.G. Loftin on
City owned property described as Lots 35, 36,37 and 35 of Lake View Park, in
accordance with option agreement authorized by City Commission under date of
September 25, 1946, next submitted for consideration.
Thereupon after careful study , the Commission tentatively approved the aforesaid
plans, subject to approval of the detail specifications to be furnished.
The Clerk next submitted letter from Layne-Atlantic Company, Orlando, together
with itemized statement in amount of $2,535.07 covering cost of furnishing and install-
ing one Layne 6" Deep Well Turbine l~p and l0 N~ U.S.Electric Notor, with international
gasoline power unit, Amari]lo Combination Drive and Watson Splicer Shaft for standby emergency
service of which' their contract price accepted by the City Commission under date of
December 5, 1945, amounted to $2,007.99. Their letter explaining that the reason for
this increase over the contract price was due to the increase in cost of this equipment
that was allowed by the Federal Government after the contract was awarded, which was
beyond their control.
Thereupon after careful consideration and in view of the fact that there has been
a general increase in cost of all equipment, materials and labor during the past year,
Commlesioner Lesher moved that the City offer to share fifty per cent of this increased
cost in amount of $527.08 over the bid contract price.
Seconded by Commissioner Williams and carried.
Communication next read from Captain F.T.Ward, Chief of Staff of Naval Air Advance
Training Command, Jacksonville, requesting that theCity pay over to the United States
Government the money received from sale of 865 boxes of oranges picked from the Sanford
Naval Air Station property.
Natter taken under advisement.
The Clerk next submitted the insurance policy of American Casulaty Company, Meadlng
Pa. covering public liability, property damages and collision insurance on City's
passenger vehicles, and public liability and property damages insurance on the pickup
trucks, of !which the total premium for one year beginning December 15, 19~6, amounted
to $716.87, which was written by C.~.Boyd & Company for his portion of insurance on the
automotive equipment; stating that this premium represents a considerable increase
over last year's premium, and after comparison, find that the rates under this policy
are higher than those of standard stock company under which balance of motor vehicles are
insured thru B.B.Crumley.
Thereupon after careful consideration, Commissioner Lesher moved that the afore-
said policy be rejected and thst this
on the other motor vehicles, and that
deductible clause instead of $50.00.
Seconded by Commissioner Bishop and carried.
insurance be placed with carrier of such insurance
the collision insurance be written with $100.00
416
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CITY COMMISSION, SANFORD. FLORIDA, Dec, 23 at ?:30 P ~ _19 46
$10.00, and all colored employees be paid a bonus of $5.00.
Seconded by Commissioner Williams and carried.
Further consideration next given to the request submitted by several of the firemen
for an increase in their salaries because of the increased cost of living e×penees.
Thereupon after considerable discussion, as a result of which it was felt that
there will be a decline in the cost of living within the next ninety days, but in
view of the recent increase in living cost, it was the opinion of the Commission thst
all employees should have additional compensation to help defray this increased
expenses until there is an effective decline, and on motion duly c arried, the Com-
~lsslon authorized the payment to all white employees that have been in the employ
of the City for more than one month and additional $10.00 per month for the months
of January ,Mebruary and March 19~7, and. ~5.00 to all colored employees.
There being no further business the meeting then adjourned until 2:00 o'clock
P.M. January 2, 19~7.
Attest: