12295433 MINUTES
December 29 at ~:q0 P. M.19..$~
City Commission, Sanford, Florida, . ............................................ -: ..........................
The City Commission of the City of Ba~or~, Florida, met in adjourned session at the
City Hall in the City of Sanford, Florida, at 4:~0 o'clock P. M. December 29, 1954.
Present: Commissioner Earl Higginbo~ham, Mayor
" J. D. Cordell
" Jo~hn L. Kadet
" John 8. Krider
" W.H. Stemoer
City Attorney A. Edwin Bhinholser
City Clerk H. N. Sayer
City Manager W. E. Knowles
Commissioner-elect Jack Ratlgan
" " F.D. Scott
Meeting called to order by the Chairman.
Mayor Hlgginbotham then advised that the State Road Department was withholding the
execution of contract and work order for widening and reconst~ucting French Avenue until the
right of ways for three drainage ditches, together with a borrow pit therefor, have been ac-
quired by the City and County, but in order to expedite the construction work, they had agreed
to ~lgn the contract and work order, provided the City and County adopt the aporopriate resolu-
tions authorizing the execution of agreements in favor of the State Road Departmen~ fully assur-
ing and gueranteelng that the City and County will secure the aforesaid necessary right of ways
and borrow cit. He further advised that inasmuch as the City entered into the initial Right
of Way Contract with the State Road Dep~rtment for securing all of the rights of way for French
Avenue Project, the Board of County Commissioners feel that it should be the City's obligation
to secure the right of ways for the drainage ditches and borrow pit, and if the City will agree
to assume such responsibillty~ they will enter into the agreement with the State Road Department
for acquiring the right of ways for drainage ditches and borrow pit outside the city limits.
Thereupon after considerable discussion, and on motion of Commissioner Krider,
seconded by Commissioner Stemper and carried, the Commission authorized an agreement to be
entered into with the Board of County Commissioners, whereby, the Clty agrees to acquire right
of ways for drainage ditches inside the City and to assume full financial responsibility for
acquiring right of ways for drainage ditches and borrow pit outside the City, and to indemnify
Zhe County against any loss or expense relative to acquiring said r~ght of ways for drainage
ditches and borrow pit relative to construction of French Avenue.
Com~issioncr Stemper then introduced R~solu~ion No. 8~0, and after being read in
full, moved i~s passage and adoption. Seconded by Commissioner Krlder and carried by the
followln~ vote of the Commission:
Commissioner Hlgginbotham Aye
" Cordel] Aye
" Kadet Aye
" Krlder Aye
" Stemper Aye
Said IResolution No. 840 being in words and
figures as follows:
~CHEREAS, the State Road Department of Florida has located and proposes to construct
or reconstruct a part of state road 15-A, Section 7715~101 sometimes referred to as French
Avenue in the Cl~y of Sanford, Florida, and
WHEREAS, in order for the State Road Department to further and complete said project,
it is necessary that certain right of way property rights be secured for the construction of
dr~Inage ditches for such project, together with a borrow pit therefor, and
WHEREAS, the City of Sanford has heretofore entered into a Right of Way contract
with the Stats Road Department for said project and has secured all road right of way therefor,
and
WHEREAS, t~e City of Sanford has heretofore entered into a Right of Way Contract
MINUTES
City Commission, Sanford, Florida, ..?..e.~..e..~...b.?.?.....29 at .~!...3..O.....P..:~:. 19 ~
ATTEST:
(SEAL)
H. N. Sayer
City Clerk
The agreement authorized by
S/ Earl Higglnbotham, Mayor
John L. Kader
J. D. Cordell
W. H. Stempe r
John Krider
As the City Commlss'ion of the
City of Sanford, Florida.
the foregoing Resolution No. 840, is as follows:
SRD NO. 105
SECTION 7715-101
STATE ROAD 15-A
SE~INOLE COUNTY
AGREEMENT
TEIS AGi{EEMENT made and entered into this 29th day of December, A. D. 1954, by and
between the CITY OF SANFORD, FLORIDA, a municipal corporation organized and existing under the
laws of the State of Florida, part~ of the first part, and the STATE ROAD DEPART}~NT OF FLORIDA,
a component agency of the State of Florida, party of the second part,
W I T NE S S E T H:
WHEREAS, the State Road Department has proposed construction of Section 7715-101,
State Road 15-A and often referred to as French Avenue in the City of Sanford, Florida, and
~EREAS, in accordance with a previously executed contract between the State Road
Department and the City of Sanford, all road right of way requisite for said project has been
secured, and
WHP~EAB, construction plans for said project having been submitted and bids received
thereon call for the procurement of r~ght of v~y for three (3) lateral ditches for drainage
purposes on said Section 7715-101. to~ether with a borrow pit t~refor, and
W~REAS, the State Road Department has requested thf t said ditch and pit right of
way be secured before actual construction of said project commences, and
WHEREAS, certain complications have arisen necessitating a change in alignment and
location of sald ditches end pit, which will thereby delay actual co~ tructlon, and
¥~EREAS, the City of Sanford, desirous of immediate commencement of said construction.
deems it expedient that full assurance and guarantee be given said State Road Department that
requls~te property rights will he secured without cost to said State Road Department by way of
Agreement to secure said right ofway and indemnification of the State Road Department and its
contractors,
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Sanford,
Florida, in special session assembled December 29, 1954, that the Mayor and Clerk be and they
are hereby authorized and directed to execute an Agreement in favor of the State Road Department
fully assuring and guaran%eelng to said State Ro~d Department that said City will secure the
aforesaid necessary rights of way and will further indemnify and save harmless said State Road
Department and/or its contractors, from all actions, legal and equitable, arising out of acquisi~
tlon of aforesaid rights of way and borrow pit necessary for construction of the aforesaid pro-
Ject No. 7715-101,
BE IT FURTHER RESOLVED that s certified c0p~ Of this Resolution be forwarded to
the State Road Department at Tallahassee, Florida.
PASSED AND ADOPTED this 29zh day of December 1954.
MINUTES
ce So o a, loHao, 2ff...
WH[REAS, compl!.c~t!cns Rave srlsen in acqu!s1, tlcn of the prop=rtIes requisite
s~d d~tcb~'~ and ~o'.ro~ p~t as previously surv~yec~ and submltte~, necess~t~,t~ng a change
t'.'.~r~ n, and
WNL~AS, the City of 3anford ~s ~es~rous theft c3nstruct!on work com~erme
~:~ith~ut further k~ndrance and ~elsy, and in an emdefvor to furth~P same de6ms ]t
theft it enttr into this ecreement sssuri:~8 sn6 guarenteeJr~ the State Road Department of Fl~r~ds
that ~% will fortNwlth secure all r~quls~te right of ~,'ay smd easements for the aforesaid purposes,
NOW, %R22~FORE, ~n c ms,claret! ~n of the ~wsrd1~fl of the contract end commencement of
co~str~ctlon by tko State Ro8d Da?rt e::t on the ~?~ove refer?{d to pro,oct, end th~ mutual
usdert~k:ng h~re~n ~'o~t~:~-~eJ, ~t ~s ~gre{d by tNe C1dy of Snnfvrd, F]~-m!d~, ss follows:
1. That the n~rty of the flr~:t Q~rt does ben'eLy sFree to forthwlth secure,
mediately after receipt of rl~ht of vmy asps for l~ ter~! ditches ~d hornov~ plt requ}_site
~.]e cx~strnct!.m og Job ??15-101, ~1~ e~semehts, oe~ds ~nd/or other ~nstrunents necessary
to the perry of the second eert to ent~.r upon end usc the lands pert~Inln~ to same.
2. That ~he property rights to Le secured in ac ~ordanc~ with S-~is agreement sh~ll
for the u. se ,Ac benefit of the State Ro.~o Department of
~. In further guaranteeing to the earty of the
Florida, and the sa~;e will b~ secured
second part the acquisit~on of said
necessary lands, the ua rty of the first ~)mrt .does ~:e-~ehy further a~re( that !t -~iil Indemnify
a~d ~mve harmles~ the St~tt~ Ro~d Deportment ~f Flo~.~dm smd/or the contractor ~v:arded the
contract ca the ~foresa~d sro jeer from any ~ ~d all ~ct~ vms ~,'hleh micht arise there, from, e~ thor
in law or In equality.
IN I'[iTNESS W}:Z~0F' the C!t3 of S~tfoz,d, FIorR~a, has c~used these presents t~ he
?!/tnesses:
J. E. Fox
War-~en E. Knowles
T:-e~e being no further bus, ness
~es~ tol:c .... ]~.ea tl~ rotc aria. steal by ~ts Clef.{,
FORD, FL%~IDA
' 'M 0 R
ATTEST:
C~ ty C!e.~k