011154-Regular Sessioni$0 MINUTES
City Commission, Sanford, Florida, January 11 at 8 P.M. lo 54
The City Commission of the City of Sanford, Florida, met in regular session at the City
Hall in the City of Sanford, Florida, at 8:00 o'clock P. M. January ll, 1954.
Present:
Commissioner Earl Hlgginbotham, Mayor
" J.D. Cordell
" John L. Kadet
" John S. Krider
" W. H. Stemmer
City Attorney A. Edwin ~hinholser
City Clerk H. N. Bayer
City Manager Thcs. L. Lemon
Chief of Police R. G. Williams
Nesting called to order by the Chairman.
The meeting was then opened with Prayer by Rev. David S. Carnifix.
Attorney Mack N. Cleveland Jr., next appeared on behalf of Ernest E Bkully, owner and
operator of Sanford Cab Company, and requested transfer of permit and license on his three
taxicabs to Sanford Transit Company, which is owned and operated by C. W. Elrod who is put-
chasing Mr. Skully's taxicab business.
Thereupon Commissioner Cordell moved the approval of transfer of the three taxicabs
permit and license from Sanford Cab Company to Sanford Transit Company. Beconded by Commissioner
Stemper and carried.
A Committee with Joel B. Field as spokesman, next appeared on behalf of tH American
Legion Fair Association of Campbell-Lossing Post #53 with further reference to their request
for City to convey them the property east of the old ball park on Celery Avenue, with appro~i-
mately 362 feet frontage and $54 feet in depth, for their permanent fair grounds, and submitted
the following written request and oroposal:
To the Honorable Mayor and the City Commission
of the City of Sanford, Florida:
On Beptember 21, 1953, at a regular meeting of Camobell Lossing Post #53,
a motion was made, seconded and unanimously carried that the Commander appoint
a special Committee to appear before the City Commission of Bsnford.
The below named committee was appointed, and t~mt same night (September
21, 1953) did appear before the Commission and asked that consideration be
given to their request; that title be given to The American Legion Post #53
to that certain parcel of land on the North side of Celery Avenue bound on
by property used by the Agriculture Experiment ration, ~eet by old base-
ball park and North by land dedicated for Athletic Activities and now par-
tially occupied by Memorial Stadium. This property to be used by Post #53
to erect permanent exhibition buildings for use by the Legion Fair Association.
Permanent fireproof, weather proof and theft proof buildings are needed to
insure positive locstlon of the Fair and protection for exhibitors who now
will not risk valuable merchandise and orooerty in a tent.
The property we now use belongs to the Seminole County School Board and
private individuals and each year we are uncertain until the Fair is actually
held whether or not t.his property will be available.
If given title to this property, the Legion will construct a building
or buildings of such design and specifications comparable to those now used by
Fair Associations in other larger cities, that will be a credit to the Legion
and the City of Sanford in appearance. Said building is to be planned for
multi-purpose usage, not only to house the Fair exhibits, but easily con-
vertible to a convention hall for any reputable organization, to house
flower shows, commercial and agricultural exhibitions or demonstrations and
most important of all, to house people in a domltory style attending High
School Baseball tournaments, band contests, and professional baseball schools
and farm team spring training by some Big League Baseball Club. N~nrally
this will necessitate kitchen and aanltsry facilities that will be mandatory
in connection with the Fair. Another out, cae we hope will never be needed is an
ideal disaster shelter in case of hurricanes, tornadoes or other disasters.
Gentlemen, it was over three months ago that we appeared before ~he
former Commission, and although two of you ha. ye Just been seated, we hope
that you are familiar with our request, as widespread publicity was given
our appearance at that time. To our knowledge no opposition has been
registered to our request. We are quite sure the people of Sanford realize
that tM.s property has never produced any revenue and, if improved as above
proposed, almost every person in Sanford will be benefited either directly
or indirectly in some way.
Aa this proposal has been discussed at Legion meetings and among Legion
members for years, we feel positive that if deeded this property, so that a
loan can be secured to finance the building, we will guarantee that actual
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City Commission, Sanford, Florida, ...~..~...~...~...~...~.:~.: .......... 19.~..
After considerable discussion and on advice of Commissioner Krider that this property
will not be needed in the proposed nrogram for expanding the baseball facilities for spring
training purposes. Commissioner Kadet moved that t~be City convey it to American Legion
Campbell-Loasing Post #53 for the aforesaid purposes for the consideration of $1.O0,conditloned
that if a building is not erected thereon in accordance with the terms and conditions of the
foregoing proposal within three years the property will revert to the City; and that the City
Attorney work out the necessary procedure for handling the reverter provisions. Beconded by
Commissioner Stemper and carried.
The request of residents on Arcadia Road for street lights was next referred to the City
Manager and Chief of Police for survey and recommendations.
Application next submitted from Florlds State Bank for permit to construct a marquee
over the sidewalk from their building to Park Avenue 15~ feet in length, in connection with a
walk-up teller's window, and on motion of Commissioner Stemper, seconded by Commissioner Cordell
and carried, same was granted.
Letter next submitted from Robert S. Brown tendering his resignation as a member of the
Zoning Board of Adjustment in order that he may devote more time in the capacity as a member of
the Planning Board, and on motion of Commissioner Kader, seconded by Commissioner Stamper and
carried, same was accepted with letter of thanks for services rendered.
On recommenation of the membem of the Zoning Board of Adjustment, and on motion of Com-
missioner Krider, seconded by Commissioner Stemper and carried, the Commission next appointed
J. B. Roxton as a member of the Board of Adjustment to fill the vacancy created by resignation
of Robert Brown.
Joint letter next submitted from Edward F. Lam and Frank B. Ashdown tendering t~ir
resignation as members of the Planning Board because of also being members of the Zoning Board
of Adjustment and felt that they should not be serving in a dual capacity.
Thereupon Commissioner Kadet moved that t~ir resignation be accepted with letter of
thanks. Beconded by Commissioner Krider and carried.
Wellborn Phillips Jr., building contractor, next appeared with reference to oroposat
to construct twenty-five to thirty 4wellings in San Lanta Second Bectlon west of Locust Asenue
and advised that the State Board of Health would not approve septic tanks to serve the dwellingsi
because of the elevation being low and soil not passing the perculation test. He then asked for!
an indlcation from the Commission as to when and how the City plan to proceed with constructing
sewerage facilities to serve this area in order that he might submit it to the State Board of
Health with a view to working out a possible agreement so as to continue his dwelling develop-
ment. Mr. Phillips suggested that his company install the sewerage facilities and be reim-
bursed by the City from the sewer revenue bonds, if there is going to be a delay to provide
the facilities under the sewer extension program, but stated that they did not wish to incur
such expense if there is a possibility of the City getting into litigation with the State
Board of Health because of omission of a disposal plant in the improvements.
Engineer Angas then advised that the plans and specifications for extending sewers
into Bel Air and San Lanta subdivisions would be completed within a week and also that ap-
plication would be submitted to the State Board of Health for approval of plans of Project
No. I of the sewerage improvements program, which would include sewers for the area in
question. In answer to questions of Commissioner Krider, Mr. Annas stated that he did not know
what action the State Board of Health would take toward approving the plans; that if they re-
fused to approve them the City could ~o ahead with the improvements and it could then be seen
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Thereupon Commissioner Krider stated that orobably he was somew~b~t confused with the
issue because of being new on the Board, but he felt that the City had too much money invested
in engineering services to be guessing as to what the State Board of Health will do and whether
or not the City will be able to make such improvements after t~ bonds are sold.
Commissioner Kadet then stated t~t he felt it was ~ime for the City to start working
with ~he State Board of Health, end moved that the Commissioners c~ll in its representatives
and discuss these problems, but same died for lack of a second.
After further dlscuesion Comm1~e~ioner Stemper moved that a study be made of the City's
Sewerage oroblems by another consultiug englueerlng firm to work in conjunction with the en-
gineering firm of Robert M. Annas sn8 Associates, and to make recommendations as to t~ City's
needs concurrently with Engineer Angas. Seconded by Commiesioner Krider.
The City Attorney then advised the Commission that validations proceeding are now before
the Circuit Cour~ on the issuance of $1,175,000.00 of Water and Sewer Revenue Bonds, authorized
by Ordinance No. 5~2, and that January 22 ls ~he final date for filing objections thereto.
Mayor Hig~i~botham urged the Commission not to take any action that would further delay
getting started with the proposed improvements under Progrsm No.lwhlch have already been
~pproved. He stated that such improvements woul~ h~ve to be made even if the City is forced to
construct a treatment plant, end pointed out how essential they were to the welfare of the
citizens, stating t~at they are the ones that will h~ve to suffer from the delay. Also, that
the Commie~on has had these improvements under c onsider~tion for over one ~nd one-half years
and he did not feel ~Ike wasting any more time in getting started, nor any more money on
engineering fees.
Commissioner Cordell concurred with Nsyor Hig~lnbotham, stating that the Commission
know how muc~ money they will h~ve to spend and s~ould go ahead with the improvements until
the State Bo~r8 of Health stops the work.
After further discussion the roll wss called on the motion of Commissioner Stemper,
which carrY, ed over the dissenting vote of Commissioners Cordell and Higginbotham.
Nervyn Ozier of Ozier-Weller Homes, Inc., next reported that he ha~ received a cor-
rected letter f~om Feder~ Housing Administra~ion advising ~hat they will be unable to accep~
aoolicstlons for mortgage insursnce in Bel Air and San Lanta Second Section subdivisions
until such time these areas c~n be served by the City's sanitary sewers, stating that FHA is
not concerned with the State Board of Health'e aoprovsl of municipal sewerage systems, but
only septic tanks and private sewerage facilities. Mr. 0zier reminded the Commission again
that he already has three 8welllngs completed that he is unable to sell because the State
Board of Heslth will not ~pprove septic tanks for the area and thee are no City sewers available
to connect to, and of his plans to construct twenty-one more dwellings in the same area, bu~
would have to abandon the project unless sewerage facilities are installed. He then requested
the Commieslon to take immediate action to expedite the e~tension of sewers into the areas
in Guestion, stating that he would be willing to pay the fees for sewer $~ps in advance and
felt that Wellborn Phillips, Jrt, wou~ ~o the s~me.
Consideration wee then given to possibility of City using its own crews to extend
sewers to the housin~ proJecte of Ozier-Weller Homes, Inc., and Wellborn Phillips, Jr., in
order that both may continue their housing program, and after discussion and advice of Engineer
Angas that the City do not have the necessary equipment to install the 15" trunk line because
of its depth, which could be contracted at appro×Imately cost of $13,000.00, but could use
crewe to inst~ll the laterals at aooro~imate cost of $22,000.00 Commissioner Krider moved
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City Commission, Sonford, Florida, ...~.a...~.~.a..~...~....1...1.....a.~...B.....P..:....~..: ........... 19...~.~'
Commissioner Stemper next brought up matter of either dismissing or continuing the
bond validation proceedings pending in Circuit Court until such time the City can determine
the extent of the sewer improvements and the necessary amount of bond issue.
Commissioner Krider then asked ~e City Attorney that if it should appear necessary or
desirable that additional improvements be included in the sewer p~ogram, would the City have
to wait for two years before issuing additional revenue certificates for such improvements
under the present ordinance.
Thereupon the City Attorney quoted from Section "L" of said bond ordinance No. 532
which provides for"issuance of peri passu additional certificates", and stated that it was his
opinion that additional certificates could be issued up to December l, 1955, upon certification
of the consulting engineer of the necessity of the certificates, and additional pledge of the
utility tax to provide 25 time coverage, and the validation of the additional issue.
In answer to question of Commissioner Kadet as
be amended to include add~tlonal revenue certificates,
a question for the New York Bond Attorneys, but it was
entire new ordinance instead of an amendment.
to whether the oresent ordinance could
the City Attorney advised tM this was
his opinion that they would prefer an
After further discussion and in order to defer further action by t~ Commission on the
sewerage improvements and bond validation proceedings until the foregoing opinions of the City
Attorney could be affirmed by the Fiscal Agents and New Bond Attorneys, Commissioner Stemper
moved that the time to which this regular meetS, hq shall adjourn will be 8:00 P.M. January 15,
1954. Seconded by Commissioner Krider and carried over the dissenting vote of Commissioners
Cordell and Higginbotham.
Chas. V. Atkinson of Atklnson & Williams, who are constructing a business building at
northease corner of 25th Street and Park Avenue extension, next apoeared and submitted request
to remove the curbing in front of the building and along the 25th Street side in order to pro-
vide parkirk~' facilities for the patrons of buainesees that will occupy the building. Mr.
Atklnson also submitted a sketch of recommendations for changing traffic regulations at this
intersection by cutting the existing triangle park in the intersection back to minimum of 24
feet in width at north end, or, provide a traffic lane diagonal across the park.
After discussion the request for removing the curb was referred to the City Manager
and Chief of Police to conduct traffic test and make recommendations; and to contact all ad-
Jacent property owners relative to reaching an agreement on the proposed changes in traffic
regulations.
Applicatlm next submitted from Samuel Fulton to rent the second parking space et south-
west corner of Sanford Avenue and Third Street for his taxicab, and on recommendation of Chief
of Police, Commissioner Co,dell mov~ the approval of same. Seconded by Commissioner Krider
and carried.
Ordinance No. 596, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING SECTION 3, OF
ORDINAMCE NO. 256. PASSED AND ADOPTED ON THE 28th DAY OF JUNE. 19~7,
SAME BEING AN OPJ)INANCE REGULATING THE MANUFACTURE, DISTRIBUTION AND
SALE IN THE CITY OF SANFORD, FLORIDA, OF BEVERAGES CONTAINING MORE
THAN ONE (1%) PER CENTL~ OF ALCOBOL BY WEIGHT, AS AMENDED BY ORDI-
NANCE NO. 360, AND ORDINANCE NO. ~92, AND ORDINANCE NO. $71, SAID
SECTION 3 DESIGNATING A ZONE IN W~ICH THE BUSINESS OF DISTRIBUTING
OR SELLING SAID BEVERAGES MAY BE ENGAGED.
introduced and placed on first reading at regular meeting of December 28, was nest placed on
its final reading.
Thereupon the roll was called on the final passage and adoption of said Ordinance No.
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c ty Commission, Sonford, F or do, ...........
The Chairman then announced that the City Commission of the City of Sanford, Florida,
by unanimous vote ~bad passed and adopted said Ordinance No. 556, entitled:
AN ORDINANCE OF i~E CITY OF SANFORD, FLORIDA, AMENDING SECTION ~, OF
ORDI~NCE NO. 256, PASSED AND ADOPTED ON THE 28th DAY OF JUNE, 1937,
SAR~ BEING AN ORDINANCE R~GUI~TING THE MANUFACTURE, DISTRIBUTION AND
SALE IN THE CI~ OF SANFORD, FLORIDA, OF BEVERAGES CONTAINING MORE
TPL~N ONE (1%) PE~t CENTUM OF ALCOHOL BY WEIGHT AS AMENDED BY ORDINANCE
NO. 360, AND ORDINANCE NO. 392, AND ORDI~fANCE NO. ~?l, SAID SECTION
3 DESIGNATING A ZONE IN I~ICH THE BUSINESS OF DISTRIBUTING OR SELLING
SAID BEVERAGES MAY BE ENGAGED.
Commissioner Kadet next introduced Ordinance No. 537, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING SCHEDULE NO. 4
OF ORDINANCE NO. 442, PASSED AND ADOPTED DECEMBER 29, 1958, AS AMENDED
BY ORDINANCE NO. 519, SUCH ORDINANCE BEING THE TRAFPIC ORDINANCE, AND
SUCH SCHEDULE DESIGNATING THROUGH STREETS, BY DESIGNATING A PORTION OF
THIRD STREET AS AN ADDITIONAL THROUGH STREET.
and sa~e was plsced on its first reading and read in full.
Minutes of reFular annual meeting of January 5, next read in full by the Clerk.
Thereupon Commissioner Krider questioned the procedure in which the aforesaid meeting
was conducted after Commissioner Higrinbotham had made a motion that the nominations for Mayor
be closed, which had been seconded by Commiss!oner Cordell. He stated that it was his opinion
the motion was still before the Board, pending roll call for vote, and t~hat all subsequent
action of the Commission at this meeting was illegal because of being out of order.
Commissioner Cordell concurs, ed with Commissioner Krider, stating that he felt the pro-
cedure was illegal.
Commissioner Stamper stated that he did not recall the motion in question as appearing
in sequence as shown in the minutes.
After further discussion, the City Attorney rendered an opinion that the results were
a legal binding conclusion, even if the procedure was incorrect.
Thereupon the roll was called on the approval of the sa~ minutes of regular annual
meeting of January 5, the vote being as follows:
Commis~.loner Higginbotham Aye~
" Cordell Naye
" Kader Aye
" Krlder Nays
" Stemper Aye
Commissioner Krider stated that he voted "Nays" because he still felt the procedure
was illegal.
Commissioner Cordell next moved that the City Attorney be authorized and directed to
prepare an appropriate Resolution in recognition of services of Randall Chase and John D. Ivey
during their tenure of office as C'ty Commissioner. Seconded by Commissioner Stamper and carried.
On motion of Commissioner Stamper, seconded by Commissioner Kadet and carried, current
invoices and payrolls, ss evidenced by Vouchers Nos. 628 thru 680, were next approved.
The following bid next submitted to furnish from one to thirty cars of limerock,
delivered at Sanford, in accorda~o~e with invitation for bids published in the Sanford Herald:
Ocala Limerock Corporation, Ocala $2,154 per ton
In view of no other bids having been received, Commissioner Krider moved that the
contrac~ be awarded to Ocala Limerock Corporation. Seconded by Commissioner Kadet and carried.
The following bids ne~t submitted for furnishing from 5,000 to 60,000 gallons of RC-1S
Cutback Asphalt, delivered at Sanford,
Sanford Herald:
Shell Oil Company, Jacksonville
Mezican Petroleum Corp., T~l!ahassee
in accordance with invitation
.1211 per
Ssme
for bids published in the
2% cash discount within
10 d~ys.
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City Commission, Sanford, Florida, ..~..~.~.,~.~r.¥...,~.l....~,...8...?..:..~..: .............. 19~...~....
The following bids next submitted for furnishing from 5,000 to 20,000 gallons of NC-1
Cutback Asphalt delivered at Sanford, in accordance with invitation for bids published in the
Sanford Herald:
Shell Oil Company, Jacksonville .1211 per gal - 2% - l0 days
Mezican Petroleum Corp., Tallahassee Same
Commissioner Stemper moved that the contract be awarded to Shell Oil Company of
Jacksonville. Seconded by Commissioner Krider and carried.
The following bids next submitted for furnishing from one to thirty cars of No. ll
and No. 15 Slag, delivered at Sanford, in accordance with invitation for bids published in
the Sanford Herald:
Florida Crushed Stone Company, Ocala
Birmingham Slag Company, Birmingham,
Thereupon Commissioner Krider moved
#11 Slag
#15 Slag
$3.906 per ton
~.~56 per ton
Ala. #11 Slag
#15 Slag
$.~62 per ton
~.$62 per ton
that t~e contract be awarded to the lowest bidder
that of Florida Crushed Stone Company. Seconded by Commissioner Cordell and carried.
The Chief of Police next reported that J. E. Jones, who was issued City License No.
405 for fiscal year 1953-1954 as a vendor of beer and wines at 311 Sanford Avenue, was
arrested on January 10, for violation of Section 9-A of Ordinance No. 517, which prohibits
sales of such beverages on Sunday, and was also arrested on charge of keeping disorderly
place, and forfeited bonds on January 11, for failure to appear to answer such charges in the
Municipal Court. He then recommended that his license be revoked because of the aforesaid
violation.
Thereupon Commissloner CorSell moved that the Commission revoke City License No. $05
issued J. E. Jones as a vendor of beer and wines because of his violation of Section 9-A
of Ordinance No. 517, and that he be notified of such revocation and be given an opportunity
to appear before the City Commission at regular meeting of January 25, to show cause why this
license should not be revoked. Seconded by Commissioner Krider and carried.
On motion of Commissioner Stamper, seconded by Commissioner Kadet and carried, the
Commission next authorized the use of the parking meters for collecting dimes through public
contributions during the March of Dimes Drive to combat polio.
Letter next submitted from Municipal Judge Volie A. Williams, Jr., with reference to
an appeal pending in Circuit Court by Blanch Takach, now deceased, who was convicted in
Municipal Court on October 22, 1948, on c~harge of petit larceny and fi ned $50.00 and cost.
He recommended that this fine be remitted since the law provides that the death of a person
convicted of an offense abates the fine.
Thereupon Commissioner Stemoer moved that the Commission remit the aforesaid fine
assessed against Blanche Takach, in accordance with the r~eoommendation of the Municipal Judge.
Seconded by Commissioner Krider and carried.
There being no further business the meeting then adjourned until 8:00 o'clock P.M.
January 15, 1954.
ATTEST:
C1tv
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City Commission, Sanford, Florida, ..~.?...n.?..?...~.~....1...~....a..~...~...~.:.....~..: ............. 19...~?..
The City Commission of the City of Sanford, Florida, met in regular adJouned session
at the City Hall in the City of Sanford, Florida, at 8:00 o'clock P. M., January 15, 1954.
Present: Commls~loner Ear~ Higg~nbotham, Mayor
" J.D. Cor~ell
" John L. Kadet
" John S. Krider, Sr.,
,, ~ H.~ Stemmer
City Attorney A. Edwin Shl. nholser
City Clerk H. N. Sayer
City Manager Thos. L. Lemon
Meeting called to order by the C~irman.
The City Attorney then gave t~ following report on telephone conversation with the
Fiscal Agents and Bond Attorneys with reference to the opinion rendered by him at regular meet-
ing of January ll, in answer to question raised by the Commission:
QUESTION NO, I: Should it aOpe~r necessary or desirable that additional improvements
be included in the sewer program, could psrl-oassu addltlo'nal certificates for those improve-
ments be issued under the present ordinance Im~edlntely at the conclusion of the present vali-
dation proceedings?
ANSWER BY FISCAL ~GE~S: Yes. The present ordinance and validation proceeding wou~
permit issuance of additional certificates at any time hereafter, requirements being the certi-
ficate of Engineer (which was described as routine), additional pledge of utility tax to pro-
vide 2~ time coverage, and validation of additional l~sue which would require additional vali-
dation proceedings. Mr. Nelson stated that a separate issue would involve additional cost, and
that the market would probably not be as favorable as if handled in one unit. His recom~oendatlon
was t~h~t if additional amount was definitely to be authorized in the next ~ or 5 months, it
would be desirable to include all at one time.
QUEST.ION NO, 2 If final conclusion were made to include additional improvements and
issue a larger amount of certificates before the pending validation suit is completed, would
it be more desirable to amend the present ordinance and proceedings or dismiss those pending
and start with a new ordinance and validation proceeding?
ANSWER BY BOND ATTORNEY If additions were made, the present proceeding should be dis-
missed and complete orocee8ing from the ordinance on should be had. Also that there was
legal].y no objection to continuance of the hearing of January 22nd from time to time if desired.
The City Attorney then rendered his report of recommendations in which he stated that
in light of the above legal conclusions and weighing ali factors, that it was his opinion and
recommendation that the interest of the City will beat be served at this time by continuing
to its earliest possible conclusion that part of the program which is already in process, and
that the sole purpose of this recommendation was to give, as impartially as he could, an
opinion as to the best course for t~ Commission to follow under the existing circumstances.
Thereupon after considerable discussion Comml~sioner Cordell moved that all present
proceedings be contihued as presently in process. Seconded by Commissioner Krider with
request that it be noted that he would also vote favorable for a treatment plant if the new
consultant engineer's report recommend that it is needed and will treat a majority of the
sewage, and that it is a pratical expenditure for the City.
After further discussion the roll was called on the motion of Commissioner Cordell,
which carried over the dissenting vote of Commissioners Kader and Stamper.
Commissioner Kadet stated, "I voted nays because it is going against the recommendations
of the fiscal agents and bond attorneys".