Loading...
102554-Regular Session MINUTES City Commission, Sonford, Florida, October 2~. at 8 P. M. 19~/4· The City CommissSon of the City of Sanford, Florida, met in regular session at the City Hall ~n the City of Sanford, Florida, at 8:00 o'clock P. M. October 25, 1954. Present: Commissioner Earl Higglnbotham, Mayor " J.D. Cordell " John L. Kadet " John S. Krlder, Sr., " W.H.,, Stemper City Attorney A. ~dwln Shinholser City Clerk H. N. Sayer City Manager W. E. Knowles Chief of Police R. G. Williams Meeting called to order by the Chairman. The meeting was then ooened with "Prayer" by Rev. C. W. Plank. The following sealed bids next submitted for purchase of City owned prooerty described as all of Block 4, Bel Air Subdivision of which notice of such sale was published in the Sanford Herald under dates of October 13, 14 and 15, 1954. A. B. Maddox & T. W. Ferguson $2,400.00 William C. Hutchieon, Jr., Attorney for Ozier-Weller Homes, Inc., (with stipulation that no title-one National Homes shall be constructed thereon). 4,500.00 Robert A. Williams, Realtor, (with stipulation that City furnish abstract showin~ orooerty to be marketable and insurable, and to cay sales commission), h,661.00 After discussion Commissioner Kadet moved the acceptance of the highest bid, that of Robert A. Williams, Realtor, in sum of $4,661.00 Seconded by Commissioner Cordell. Attorney Hutchison then called to the attention of the Commission that the offer of $4,661.00 was not the highest net bid, after deducting cost of abstract and sales commission. After further consideration and discussion, in which Commissioner Kader'e request for withdrawal of his motion was denied, the roll was called on said motion, which carried over the dissenting vote of Commissioner Kadet. Mr. Williams then advised that he would waive the sa]es commission in order for the City to derive the highest net proceeds from such sale. Several citizens next aooeared in protest to the commercial rate for sewer ch~rge of 68% of cost for water consumed, which was effective October 1. Mrs. Harold Apoleby, operator of restaurant at 106 S. Park Avenue, voiced her protest against the excessive amount of her first month's sewer chsrge of $24.67. She advised that her water bill amounted to $36.28, u~l!ity tax $2.00, and sewer charge $24.67, making a total of $62.95 for her small business, which she could not afford to pay. She also advised of having an air conditioning unit in her restaurant which accounted for a considerable amount of the water consumed. Mrs. Apoleby further stated that she did not want privileges extended to her that other commercial users would not receive, but such excessive charges would force her out of business, and she was quite sure that a number of other small businesses could not afford to pay such high bills either. City Attorney Shinhols~ then explained that the rates for sewer use were the results of figures compiled by the City's fiscal agents and consultln~ engineers in order to derive sufficient revenue to finance the water sndsewer imorovements project, and that they had no~nted out in their recommendations that there would be oarticular commercial usages which would be subject to adjustment; and that provisions were made in the sewer rate o rdinsnc~ for such adjustments. He further explained that rules and regulations for such adjustments would be provided by the water superintendent, subject to approval of the City Commission. MINUTES October 25 at 8 P.M. .~ 5~ City Commission, Sanford, Florida, . ............................................................... my ........ 309 times as much. He stated that there should also be a maximum rate for commercial usage, other- wise the present rate would hinder the industrial program for securing new industries for Sanford. After considerable discussion sulting engineers for certain types the Commission advised that the fiscsl agents and con- would be called in immediately to work out a schedule of adjustment of fetes of commercial usages. The City Manager recommended that a sewer charge adjustment Board be formed, consist- ing of one Commissioner, the Water Superintendent and s bus,ness, man or woman ro work with the fiscal agents and engineers. Also, that a letter be composed explaining the sewer rste Or- dinance and how to apply for adjustments, which would be enclosed with the wster bills. Commissioner Stemper then moved that all bills for commercial users be held in obeyance until a solution is worked out for an adequate adjustment of rstes for certsin types of com- mercial usages. Seconded by Commissioner Kader and carried. Apollcatlon next submitted from Winn & Lovett for oermit to sell beer at their store at 200 E Third Street, for consumotion off the premises, and on motion of Commissioner Cordell, seconded by Commissioner Stemoer and carried, same was approved upon recommendation of the Chief of Police. On recommendation of Chief of Police,'and on motion of Commissioner Kadet, seconded by Commissioner Krider and carried, the Commission next approved apolication of Robson Sporting Goods for oermit to sel~ pistols and r~volvers under provisions of Sec. 18-70 of the City Code. On motion of Commissioner Kadet, seconded by Commissioner Cordell and carried, the Commission next aporoved apolicstion of Davis Swap-Shop for ~rmit to sell pistols and revolvers at his store st h19 E Fourth Street under provisions of Sec. 18-70 of the City Code. Pursuant to instructions of the Commission at meeting of October 11, the City Attorney next submitted the following opinion on interpretation of the sewer rate ordinance: October 20, 1955. The City Commission % City Manager Sanford, Florida. Re: Required Sewer Connections. Gentlemen: You ask my opinion as to whether residence buildings in the City are required by the City Ordinances to have seoarate sewer connections. The first paragraph of Bec. 21-7 of the Code of the City of Sanford, Florida, 195~, provides as follows: "Every residence and building in the City, in which human beings reside, are employed or congregated, shall be required to have a sanitary method of human excreta disposal, namely a sanitary water closet connected with the City sewer, an aoproved type of septic tank or a sanitary ~lvy." Section 13 of Ordinance No. 546, imposing sewer chsrges and stating requirements as to connection with sewers, provides as follows: CONNECTION REQUIRED WHERE SEWER AVAILABLE; FAILURES TO CONNECT DECLARED UNLAWFUL. Every residence and build~n~ w~thin the City required under Section 21-7 of the Code of the City of Sanford, Florids, 1955, to have a sanitary water closet shall be connected with the City sanitary sewer where such sewer is avsll~ble within the meaning of Section 3 above. It shsl~ be unlswful for the owner of any such residence or building to which said sanitary sewer is so available to fall or refuse to connect such building with the City sanitary sewer within sixty (60) days after the date the charges specified in the above Ordinance becomes effective, or where a sanitary sewer is not available at such time, within sixty (60) days after the same shall become available." 310 MINUTES City Commission, Sanford, Florida, October 25 at 8 P.M. ]Q54 to the question submitted, we have "Every residence and building -- shall be reculred." The words "residence and building" preclude any general location or designation of premises, and the word "every"makes the application specific aM without exception. Again we find in the second section quoted above the words, "It shall be unlawful for the owner of any such residence or building to fall or refuse to connect such building." Again the requirement is that the building be connected, and the words "and such'~ does not permit exception. It therefore is my opinion that under the~bve law separate sewer con- nection is requlred for each residence in the City to which C~ty sanitary sewer is available as defined under Ordinance No. 546. Respectfully submitted, s/ A Edwin Shlnholser, City Attorney. After study and discussion, Commissioner Stemper moved that the foregoing opinion be publlslzed by sending its substance in the proposed letter to water customers. Seconded by Com- missioner Kadet and carried. Sara Mae Bass next appeared ~th further reference to her application for zoning variance to operate a grocery store at 1709 W llth Street which was denied by the Zoning Board of Adjustment because of said location being in a residential district. She was advised by the Commissioners that they had no legal authority ~ issue variances because such Judicial Dower was vested only in the Zoning Board of AdJustment~ Will Hankerson, who has been operating one taxicab for a number of years, ne~ appeared and submitted request for permit to operate an additional taxicab. After discussion, and on recommendation of the Chief of Police, Commissioner Cordell moved that the permit be granted. Seconded by Commissioner Stamper and carried. Letter next submitted from Mrs. Elton Bennett at 1601 Palmetto Avenue with further reference to her protest against J. E. McAlexander, Jr., operating a television and radio reoair shop in back or his dwelling in residential district at 1600 Sanford Avenue under variance granted several months ago by the Zoning Board of A~]ustment. The City Manager then advised her protest h~d been submitted to the Zoning Board of Adjustment and her request for revocation of the variance had been denied by said board because they could find no violation of same to give them legal authority to take such action. After discussion Commissioner Cordell moved ~hat the City renew Mr. Alexander's oc- cupational license to operate the television and radio repair shop at the aforesaid location, based on the action of the Zoning Board of Adjustment, and subject to a letter of stipulation to be attached thereto by the City Nanager. Seconded by Commissioner Kadet and carried. On recommendation of the City Manager and Chief of Police, and on motion of Com- missioner Stamper, seconded by Commissioner Kadet and carried, the Commission ne~t authorized the installation of street light at intersection of Naple Avenue a~ 25th Street and one at Holly Avenue and 25th StreeZ. On motion of Commissl~er Stemoer, seconded by Commissioner Cordell and carried, the Commission next authorized the installation of street light at 25th Street and Laurel Avenue. Commissioner Cord ell next introduced Ordinance No. 551, entitled: AN ORDINANCE OF TILE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NUMBER ~62 OF SAID CITY, AS AMENDED, SAID ORDINA~.JCE BEING AN ORDINANCE ESTAB- LISHING A ZONING PLAN WITHIN THE CITY OF SANFORD, SAID AMENDMENT T~NS- FERRING CERTAIN TERRITORY IN DISTRICT R-1-A TO DISTRICTS R-1 A~ R-2 IN SAID CITY, AND ALSO AMENDING SUB-SECTION A OF SECTION 8 TO PERMIT PRO_ FESSIONAI, OFFICES IN THE R-2 DISTRICT UNDER THE CONDITIONS HEREIN SPECIFIED. and same was placed on its first reading and read in full. The City Manager next reported that ~rs. Nancy Terwilleger had advised that she would MINUTES be requested The office of 3il City Commission Sanford Florida, October 25 at 8 P. I~I. 10 5~ to apooint a woman as the flfth member. Seconded by Commissioner Kadet and carried.~ following bids ne~t submitted for inetallin~ a built-up gravel roof over the Clerk,i the City Hall, with 15-year guarantee: ' F. M. English Evans Roofing & Heating Company After comparison of prices submitted, missioner Stemper moved Csrrled. $614.00 694.00 and on recommendation of the City Manager, the acceptance of the lowest bid. Com- Seconded by Commissioner Krider and The City Attorney next submitted the proposed ordinance authorizing the issuance of $2?5,000.00 additional water and sewer revenue certificates, which was prepared by the Bond Attorneys and presented to him by Wilson Holt of Goodbody & Comoany, Fiscal Agents. He advised that it was very similar to the ordinance authorizing the original issue of $1,175,000.00. Also, that he had reviewed the ordinance with Mr. Holt and consulted by telephone with the Bond Attorneys relative to its provisions, and felt that it was in order for adoption. The matter of e×pedlti~ the passage and adoption of the proposed ordinance was next brought up for consideration, in order to meet the final date for financing Part B of the sewer improvements contracts which expire on December 31, 195~, and after considerable discussion it was agreed to place it on first reading and adjourn the meeting until a later date for further consideration of same. Commissioner Stemper then introduced said Ordinance No. 552, entitled: AN ORDINANCE SUPPLEMENTINGAN ORDINANCE ENTITLED "AN ORDINANgE AUTHORI- ZING THE C~,~STRUCTION OR ACQUISITION OF ADDITIONS, EXTENSIONS AND IM- PROVEMENTS TO THE COMBINED WATER AND SEWER SYSTEM OF THE CITY OF SAN- FORD, FLORIDA, AND AUTHORIZING THE ISSUANCE OFfll, 175,000.O0 WATER AND SEWER REVENUE CERTIFICATES FOR SUCH PURPOSES," AND PROVIDING FOR T~ ISSUANCE OF $275,000 WATER AND SEWER REVENUE CERTIFICATES. and same was placed on its first reading and read in full. Commissioner Stamper next moved that the time to which this meeting shall adjourn will be 12:00 Noon, November 3, 1955. Seconded by Commissioner Kadet and carried. The matter of improving Myrtle Avenue between First and Second Streets was ne×t dis- cussed and referred to the City Manager for recommendations. On motion of Commissioner Krider, seconded by Commissioner Kadet and carried, minutes of regular meeting of August 25, adjourned meeting of September 7, 8 and 9, regular meeting of Seotember 13, special call.~d meeting of September 20, regular meeting of September 27, adjourned meeting of October 4, and regular meeting of October ll, 1954, next approved. There being no further business the meeting then ad.!ourned until 12:00 Noon, November, 1954. ATTEST: gm 312 MINUTES November 3, at 21 Noon .~5~, City Commission, Sanford, F~orida, . ................................ The City Commission of the City of Sanford, at the City Hall in the City of Sanford, Florida, Florida, met in adjourned regular session 12:00 Noon, November 3, 1954. Present: Commissioner Earl Higginbotham, Mayor ,, J.D. Cordell ,, John B. Krider, Sr., , John L. Kadet " W H. Stemmer City Attorney k. Edwin Oh~nholser City Clerk H. N. Bayer City Manager W. E. Knowles Commissioner-elect Jack Ratigan Commissioner-elect F. D. Scott Meeting called to order by the Chairman. The Commission then ~roceeded to canvass the returns of the Municipal General Election held November 2, 1954, for the purpose of electing two City Commissioners for terms of three ,years each; said returns as made by the Clerks and Inspectors of said election being as follows: FOR CITY COMMISSIONER - GROUP NO, 1 For John L. Kadet 589 votes For Jack Rstigan 979 votes For Randall C~se I vote For J. L. Sauls i vote FOR CITY COMMISSIONER - GROUP NO. For H. Ewing Dean, Jr., For Herbert Prevatt 115 votes ~83 votes For F. D. Scott 935 votes Mutilated Ballots Thrown Out TOTAL BALLOTS CAST Thereupon Commissioner Kadet moved that of the General Election held November 2, 1954, be 1,578 the foregoing returns of the Clerks and Insoectors accepted. Seconded by Commissioner CordelI and carried. Ordinance No. 552, entitled: "AN ORDINANCE SUPPLEMENTING AN ORDINANCE ENTITLED "AN ORDINANCE AUTHORIZING TB~ CONSTRUCTION OR ACQUISITION OF ADDITIONS, EXTEN- SIONS AND IMPROVEMENTS TO THE COMBINED WATER AND SEWER SYSTEM OF THE CITY OF SANFORD, FLORIDA, AND AUTHORIZING THE ISSUANCE OF ~1,175,000 WATER AND SEWER REVENUE CERTIFICATES FOR SUCH PURPOSE," AND PROVIDING FOR THE ISSUANCE OF $275,000 WATER AND SEWER REVENUE CERTIFICATES." introduced and placed on first reading at regular meeting of October 25, 1954, from which this meeting adjourned, was next submitted for further con~deration. The City Attorney then pointed out the urgency for adopting the ordinance at ~is meeting in order to expedite the procedure for validating the revenue certificates so ~ey might be sold before December 31, 1954, in order to complete construction of the bob-tsiled con- tracts which e×oire on said date. He also advised that the adoption of the ordinance would not obligate the City to sell the certificates; that a lessor amount could be sold if it was found th~ the entire issue was not necessary; and that the ordinance (~ould be reoealed at any time if it was decided not to sell any of the certificates. Also, that there would be only a minimum expense to the City of filing cost on the validation suit. Mayor Higglnbotham then pointed out the savings in construction cost to the City if the present contractors are able to complete Part B of their contracts, provided they get the work order before the expiration date of December ~l, stating thet the engineers had advised that it would cost much more to complete the program if the City had to readvertise for new bids.