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061355-Regular Session410 MINUTES City Commission, Sanford, Florida, . ............ .~.~.e.....l.~.....a..t.....8.....P........~..: ........ 19.,,5.~.... The City Commission of the City of Banff, Florida, met in regular session at the City Hall in the City of Sanford, Florida, at 8:00 o'clock P. M., June 13, 1955. Present: Commissioner J. D. Cordell, Mayor Earl Higginbotham " John S. Krlder, Sr., " Jack Ratlgen " F.D. Scott City Attorney A. Edwin Shinholser City Clerk H. N. Bayer City Manager W. E. Knowles Chief of Police Roy O. Williams Meeting called to order by the Chairman. On motion of Commissioner Krider, seconded by Commis~ oner Ratigan and carried, minutes of regular meetings of May 9 and 23, special called meeting of May 28, and adjourned special meeting of May 90, 19%5, approved. H. M. Wist, Supt. of Seminole Memorial Hospital, ne~t appeared with further reference to their request for the City to do the off-site work in connection with construction of the new hospital at estimated cost of $6,070.00, and advised that $5,000.00 for construction of sidewalks had been eliminated. Also, that the Hospital Board had found ways md means to finance part of the off-site construction cost. The City Manager then recommended that following work: the City assist the Hospital by doing the 1. Tree removal $120.00 2. Curb Removal 100.00 3. New Curb 920.00 5. Lowering water main ~00.00 TOTAL $ 850.00 Thereupon Commissioner Higginbotham moved that the City assist the Hospital Board With the off-site construction in accordance with the foregoing recommendations of the City Manager. Seconded by Commissioner Krider and carried. Howard L. Hughes next appeared and outlined his business on Lots 1 thru 10, and 3% of Block 9, Dreamwold, between 2%th Street and Sarita Street, and requested the ins 15 ft. north and south alley between Lots 1 thru 9-A, proposal to establish a commercial located on west side of French Ave., City to vacate and abandon the exist- and Lots 10 and 3%, in order t~at he may combine all the lots for the business site. Mr. Hughes offered to convey to the City the W 1% ft of the E~ of Lots 11 and 35 of Block 9 for the purpose of relocating the alley ap- proximately 10% ft west of the existing one, and also pay the cost of removing and relocating the sewer line from the existing alley. After consideration Commissioner Ratigan moved the acceptance of the proposal of M~. Hughes, and that the City Attorney prepare the necessary ordinance to vacate said alley. Beconded by Commissioner Bcott and carried. Clifford McXlbbin, Jr., Chairman of Chamber of Commerce Industrial 0ommittee, next appeared and advised that Mr. O. Ross Baker, Manufacturer of parts for printing p~esses, was interested in locating hie plant in Sanford and would like to lease, with option to purchase, a portion of the City owned lake front p~operty for the site. He advised that Mr. Baker would need approximately 3 acres of land, and would construct a ~0' x 100' air conditioned building thereon, and would employ between 12 and 18 After discussion the City Manager was directed to write M~. the Commission's interest in him proposal, and advise that they are willing to lease of City property, with option to purchase, for his manufacturing plant. concrete block, insolated, people when in production. Baker a letter, expressing negotiate on MINUTES 411 City Commission, Sonford, Florida, .....~...~.~..e...!..~...~....8.....P.:..?..; ................. 19..~.. requested that the City convey the right-of-way, since an easement would not be acceptable to the County. After further consideration, the Commission agreed to convey the right-of-way in ex- change for a right-of-way across Mr. Paterson's property in order to have egress to the old City dump property. John N. Gray, next appeared on behalf of the Negro Chamber of Commerce and submitted a petition from the colored residents in the vicinity of Shepherd Avenue and 14th Street, calling the Commission's attention to a health menace caused by the pond of stagnant water in their neighborhood, and requesting that action be taken to remove this undesirable condition. The City Manager then advised that the pond is on private property and was created by the owner digging out and removing approximately one acre of muck, which cannot be drained because of the pond being lower than the City's drainage system. After discussion the matter was referred to the City and County Health Officers to make an inspection to determine whether or not the pond is a heal. th menance, and if es, to enforce the City's Ordinance regulating drainage and filling of private property. David Newman of Consulting Engineers Robert M. Angas and Associates, next submitted the following tabulation of sealed bids opened publicly at 10:00 o'clock A. M., June 10, for construction of Contract No. 10, of the sewer improvements project: June 13, 1955. Honorable Mayor and City Commission City of Sanfor~, Florida. Gentlemen: At a bid opening on June 10th, 1955, the following bids were received for the construction of Contract 10 - NRa-laying Existing Sewers and Laying New Sewers - Project Five#: Hubbard Construction Company, Orlando, Fla. $59,650.75 - 120 days V. G. Hasty, Sanford, Fla. 62,421.55 - 90 Bumby & Stimpson, Inc., Orlando, Fla. 66,769.20 - 120 These bide have been checked and analyzed and we recommend that you award the contract to the low bid of Hubbard Com truction 0ompany. We also recommend, however, that the final award be made pending re- ceipt of the final estimates for Contracts 4, 5 and 6, at which time you will know the exact amount of funds available for this contract and other contemplated work. Yours very truly, ROBERT M. ANGAS AND ASSOCIATES S/ Richard L. Lampp After discussion Commissioner Ratlgan moved that action be deferred on awarding the bid on Contract No. 10 until the City receives final estimates on all other outstanding con- tracts of the sewer program, in order to determine the availability of funds for said Contract No. 10. Seconded by Commissioner Scott and carried. Brsiley Odham of Odham & Tudor, Inc., next submitted re-plat of Lots 85 thru 99, 110 thru 122, and 128 thru 135, of Rose Court, as prepared by Engineer W. A. Kratzert, and after careful study of same, Commissioner Higzlnbotham moved that it be apnroved and accepted by the Commission. Seconded by Commissioner Krider and carried. On motion of Commissioner Krider, seconded by 0ommissloner Ratigan and carried, the Commission next authorized the sale of Lot 110 of Rose Court, less the north portion lying within 30 ft of the center line of 20th Street reserved for street right-of-way, to Odham and Tudor, Inc., for sum of $100.00. 412 MINUTES ... June 13 at 8 P.M. 55 City Comrmss,on, Sonford, Florida, . ........... .................................................... 19 ........ within 30 ft. of the center line of 20th Street reserved for street right-of-way, to Robert A. Newman, Jr., for cum of $100.00. Bralley Odham of Odham & Tudor, Inc., next sul~nitted a further request for the City to extend water and sewer mains to their housing development south of 27th Street adjacent to Pine Crest School, which is outside the City limits. The estimated cost for 6-inch cast iron pressure sewer main being $17,000.00, and $2,700.00 for 6-inch water main. He stated tkat they would construct the water and sewer mains inside the project at approximate cost of $55,000.00, and also pave the streets at app~oximate cost of $40,000.00. Mr. Odham further stated that they propose to erect 123 dwellings in the project,from which the City could derive an annual revenue of approximately $10,627.00 from the combined utilities. After conelderable discussion and consideration, and in view of the City &ttorney's opinion that the City has no legal authority to extend its sewer syetem beyond the corporate limits, action was deferred, pending an opinion from the City Attorney as to theCity~s legal authority to lease the water and sewer facilities, if constructed by the developers. W. H. Folds of Folds Monument Company, next appeared and requested the Commission to pass an ordinance regulating the installation of monuments and markers in the municipal cemetery, to include specifications for foundations, inspection, and the securing of permits. He pointed out that monuments are now being erected without proper foundations, which begin to lean, and fall over in a very short time. After discussion the City Manager was directed to obtain copies of such rules and regu- lations adopted by other surroundlngicities, for consideration of the Commission. On motion of Commissioner Krider, seconded by Commissioner Ratlgan and carried, the Commission next authorized and directed that the Elks playground, Civic Center building, and pond in Fort Mellon park be covered by public liability insurance, at an annual premium of $75.31. Retigan, installation of four street lights on Scott Avenue between ~th and 8th Streets, and one on Elliott Avenue in front of the Pa~. Com~Issloner Scott n,~t ~ot~. The following agreement from Seminole County Board of Public Instruction, granting the City and County a Joint easement to maintain a Colored RecreaZlon Park on school property in Goldsboro, ~ext submitted: On recommendation of the City Manager and Chief of Police, and on motion of Commissioner seconded by CommisSioner Higginbotham and carried, the Commission next authorized the EASEMENT THIS EASEMENT, made and entered into on this 23rd day of June, A. D. 1955, between THE BOARD OF PUBLIC INSTRUCTION OF SEMINOLE COUNTY, FLORIDA, as party of the first part, and CITY OF SANFORD, FLORIDA, and COUNTY OF SEMINOLE, FLORIDA, as parties of the second part, WITNESSETH THAT: The said party of the first part, pursuant to resolution adopted by it on the 28th day of April, 1955, and in consideration of the premises therein recited, has granted and does hereby grant unto the parties of the second part a perpetual easement upon the following described property adjoining the Gol5sboro Elementary School, to-wit: The South 908.76 feet of that part of the SE~ of the NE~ of Section 35, Township 19 South, Range ~0 East lying East of t he Atlantic Coast ~,ine Railroad right- of-way; less the South ~0 feet for roadway purposes and less the County ditch right ¢ way and the l0 foot right of way for the Atlantic Coast Line Rail- ~ro~_a,d~_w~at~e~_.p._i~p.e. l~l~ne_/.~s_sld property being located in MINUTES 413 City Commission, Sanford, Florida, ......J..?:.~..e.....1...~...~...~....8.....P.:.....~.:. ................ 19....~.~. establish, together with all proper facilitiee,.installations and equipment thereon for the efficient operation of the same as a public recreational park, which park shall be known as "GOLDSBOR0 RECREATIONAL PARK". Parties of the second part further agree that establishment of said GOLDSBORO RECRE- ATIONAL PARK shall begin not later than three months from date hereof, and upon their failure to so begin, this easement shall immediately terminate. Parties of the second part, as part of the consideration for the granting of this easement, hereby agree that after establishment of the park as aforesaid they shall continue to maintain the property in usable condition es a public recreational park, and upon their failure to so maintain the property for a continuous period of one year this easement shall terminate. Should the property at any time be abandoned as a public recreational park for a con- tlnuous period of one year, the easement hereby granted shall terminate. IN WITNESS WHEREOF. the pa~ty of the first part has caused these presents to be exe- cured in its name by its Chairman and attested and its corporate seal hereunto affixed by its Secretary on the day and year first above written. THE BOARD OF PUBLIC INSTRUCTION OF SEMINOLE COUNTY, FLORIDA. Signed, sealed end delivered BY: S/ John L. Brumley, Chairman in the presence of: Attest: S/ R. T. Milwee, Supt., s/ Gertrude R. Gilbert of Public Inst~uction of Seminole County, Florida, s/ W. A. Teague and Ex-Officio Secretary. STATE OF FLORIDA ) : COUNTY OF SEMINOLE ) BEFORE ME, the undersigned authority, this day personally appeared JOHN L. BRUMLEY and R. T. MILWEE, to me well known and known to me to be the parties who executed the fore- going Easement as Chairman and Secretary, respectively, of THE BOARD OF PUBLIC INSTRUCTION OF SEMINOLE COUNTY, FLORIDA, and they acknowledged to me that they executed the same for and on behalf and as the free act and deed of THE BOARD OF PUBLIC INSTRUCTION OF SEMINOLE COUNTY, FLORIDA, and that they were thereunto duly authorized. I ~e hereunto set my hand and official seal at Banford, Florida, 1955, IN WITNESS WHEREOF, this 23rd day of June, A. D. s/ Gertrude Runge Gilbert, Notary Public My Commission Expires: December 10, 1955. After consideration, Commissioner Ratigan moved that the easement be aporoved and that the Mayor and Clerk be authorized to execute same on behalf of the City, subJec~ to the County's approval and execution. Seconded by Commissioner Hlgginboth-m and carried. The City Manager next reported that all the sewer extensions had been completed under the sewer improvements program, and thereto; and that beginning July 5, 1955, a sewer service charge, whether connected the property owners officially notified to connect everyone within 75 feet of a sewer will be billed or not. After discussion, in which it was pointed out that a number of property owners claim they have not received an official notice from the City of the availability of the sewer lines, the Commission directed that all property owners who have access to a sewer and have not con- nected, be notified of the final date by postal card. Letter next submitted from Sandy Anderson, Manager of Sanford State Farmer~ Market, 414 ; MINUTES City Commission, Sanford, Florida, June 13 at 8 P.H. lO 55 materia~ amounting to approximately $3,000.00, provided the City will match or contribute this amount. After further consideration, and in view of the City having no funds available to con- tribute, and the streets being in such bad state of repair that it cannot spare the labor and equipment, the City Manager, was directed to notify Mr. Anderson that the City will be unable to assist toward any paving at the market. The City Manager next submitted official resignation of John Angel as Bummer Recreation Director, and on motion of Commissioner Krider, seconded by Commissioner Ratigan and carried, same was accepted with instructions that he be sent a formal letter of commendation from the Commission for services rendered. Request next submitted from the American Cancer Society for an approprlat~n in nemt fiscal year's budget for an annual contribution, and same was denied. Application next submitted from Charles Hampton, colord, for permit to eel] beer and wines at corner of Fourth Street and Cypress Avenue, and on motion of Commissioner Krider, seconded by Commissioner Higginbotham and carried, same was denied upon recommendation of Chief of Police. ~ ' Letter nex~ submitted from Fred R. Wilson, Chairman of General Henry Shelton Sanford Memorial Library and Museum Committee, requesting that the following be added to said Committee: Mrs. Francis E. Roumillat, Sr., Mrs. H. W. Rucker Prof. A.J..Hsnna, of Rollins College Gifford A. Cochran, of North Salem, New York. Thereupon Commissioner Rat igen moved that the foregoing be appointed as members of the General Henry Shelton Sanfor8 Memorial Library and Museum Committee. Seconded by Com- missioner Krider and carried. Commissioner Krider next introduced Ordinance No. 556, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, VACATING, CLOSING, AND ABANDONING A CERTAIN ALLEY BETWEEN LOTS ~, 5, 6 AND 7, AND THE WEST ONE-HALF (W~) OF LOTS 3 AND 8, (LESS THE EAST.14 FEET T,:EREOF). A~.. IN BLOCK l, TIER 8, O? THE TO~ OF SANFORD, PER E. R. TRAFFORD~S MAP. and same was placed on its first reading, and reed in full. Commissioner Krider next introduced Ordinance No. 557, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, DEDICATING A STRIP OF LAND 25 feet IN WIDTH AND EXTENDING FROM COMMERCIAL STREET TO SEMINOLE BOULEVARD, IN THE CITY OF SANFORD, FLORIDA, FOR PUBLIC STREET PURPOSES FOR THE WIDENING OF HOLLY AVENUE NORTHWARD. and same was placed on its first reading and read in full. Commissioner Higginbotham then moved the waiver of the requirements of the second reading of said Ordinance No. 557, and that same be placed on its final passage and adoption. Seconded by Commissioner Krider. Thereupon the question recurred on the waiver of the second reading. The roll was called and the vote stands as follows Commissioner Cordell Aye " Higglnbotham Aye " Krider Aye " Ratlgan Aye " Scott Aye Bald Ordinance No. 557 was then placed on final passage and adoption. called and the vote stands as follows: Commissioner Cordell Aye " Hlgglnbotham Aye " Krider Aye " Ratigan Aye " Scott Aye The roll was MINUTES City Commission, Sanford, Florida, ..~..~..n...e....1..~.~..h...La..~....8.....P.:....1~..: .............. 19..~..~5.. 415 Thereupon the Chairman announced that the City Commission of the City of Sanford, Florida, by unanimous vote had passed and adooted said Ordinance No. 557, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, DEDICATING A STRIP OF LAND 25 FEET IN WIDTH AND EXTENDING FROM COMMERCIAL STREET TO SEMINOLE BOULEV.~RD, IN THE CITY OF SANFORD, FLORIDA, FOR PUBLIC STREET PURPOSES FOR THE WIDENING OF HOLLY AVENUE NORTHWARD. On motion of Commissioner Hlgglnbotham, seconded by Commissioner Krlder and carried, current invoices and payrolls next approved, as evidenced by General Fund Sanfo~d Atlantic National Bank Vouchers Nos. 7311 th~u 7433; General Fund Florida State Bank Vouchers Nos. 1183 th~u 1218; Water & Sewer Revenue Fund Sanfo~d Atlantic National Bank Vouc~rs Nos. 23 th~u 26; Water & Sewer Construction Fund Senford Atlantic National Bank Vouchers Nos. 38 and 39; and Water & Sewer Construction Fund Florida State Bank Vouchers Nos. 33 and 34. The~e being no further business the meeting adjourned. ATTEST: MINUTES city Cornl ission, Sanford, Florida,. ......... ........... The City Commission of t~ City of Sanfor~, Florida, met in regular session at the City Hall in the City of Sanford, Florida, at 8:00 o'clock P. M. June 27, 1955. Commissioner Earl Higginb~tham, Acting Mayor " John S. Krider, Sr., " Jack Ratigan " F.D. Scott City Attorney A. Edwin Shinholser City Clerk H. N. Sayer City Manager W. E. Knowles Police Captain Roy Tillis Pre sen t: Absent: Commissioner J. D. Co, dell, Mayor Chief of Police R. G. Williams Meeting called to order by the Chairman. On motion of Commissioner Krider, seconded by Commissioner Ratlgan and carried, minutes of regular meeting of June 13, 1955, aoproved. A group of citizens residing on East side of Summerlln Avenue between Celery Avenue and North Street, with H. H. Collier as spokesman, next appeared with further reference to the open drsinage ditch in back of their property. Mr. Collier stated that it was their under- ~tanding that the recent program for filling the ditch was to include covering it north to Celery Avenue, and requested that it be included in the project. He pointed out again that un- the ditch is a health menace because of its/sanitary condition and breeding ground for mosquitoes and snakes. The City Manager then reported that the ditch had been filled south of North Street, but according to engineer's estimate, it would cost approximately $24,000.00 to install a culvert and fill it to Celery Avenue. He explained again that the east half of said ditch is outside the City Limits, which is on private property, and that the owner of the property had stopped the City from cleaning it out. After considerable discussion, the City Manager was directed to contact Mr. Brown Miller, County Commissioner of the district in which the ditch is located, with a view to working out a Joint City and County project to clean and improve the ditch. Also, to secure consent of all abutting property owners before starting the work. Further consideration next given to request of 0dham & Tudor, Inc., builders, for the City to furnish water and sewer facilities for their housing development outside the city limits south of 27th Street, by accepting the system and paying for construction cost of the sewer trunk line and pumping station, after constructed by them. The City Attorney then rendered a legal opinion on the matter, in which he stated that he felt the City had authority to enter into a lease purchase agreement for the facilities, oayable $1.00 plus e certain amount for each connection up to a given amount for the con- structlon cost. He stated however, that a stipulation should be embodied in the lease our- chase agreement, whereby, there will be no guarantee or liability upon the City should it be held by a Court of competent Jurisdiction that it had no authority to enter into such an agreement. After consideration it re-imburse Odham & Tu~or, Inc., was the opinion of the Commission that the City shou~ only for cost of the sewage Dumping station of approximately thru lease purchase agreement as outlined by the City Attorney, and the City $13,000.00, Attorney and City Manager were authorized to negotiate such an sgreement, to include taking over the entire water and sewer facilities after construction by the developers, for further consideration of the Commission. The City Manager next submitted a proposed Sub-division Development Ordinan~, and