062755-Special Session MINUTES
June 27 at 8 P, N.
City Coml/nission, Sanford, Florida, . ............................................................... ~' ........
The City Commission of t~ 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. June 27, 1955.
Pres en t:
Commissioner Earl Higg~ll~tham, Acting Mayor
" Joh~ S. Krider,
" Jack Ratigan
" F.D. Scott
City Attorney A. Edwin Shinholser
City Clerk H. N. Sayer
City Manager W. E. Knowles
Police Captain Roy Tlllis
Absent: Commissioner J. D.
Chief of Police R.
Meeting called to order by the Chairman.
Co, dell, Mayor
G. Williams
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 Bummerlin Avenue between Celery Avenue
and North Btreet, with H. H. Collier a~ spokesman, next appeared with further reference to the
open drainage ditch in back of their property. Mr. Collier stated that it was their under-
standing 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
the ditch is a health menace because of
mosquitoes and snakes.
The City Manager then reported
un-
ite/sanitary condition and breeding ground for
that the ditch had been filled south of North Street,
struction cost.
chase agreement,
held by a Court
agreement.
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 Odham & Tudor, Inc., builders, for the
City to furnish water and sewer facilities for their housing development outside the city
limits south of 27th Btreet, by accepting the system and paying for construction cost of the
sewer trunk line and pumping station, after constructed by them.
The City Att-~rney then rendered a legal opinion on the matter, in which he stated
t b~t he felt the City had authority to enter into a lease purchase agreement for the facilities,
payable $1.00 plus a certain amount for each connection up to a given amount for the con-
He stated however, that a stipulation should be embodied in the lease Our-
whereby, there will be no guarantee or liability upon the City should it be
of competent Jurisdiction that it had no authority to enter into such an
After consideration it was the opinion of
re-imburse Odham & Tu~or, Inc., for cost of the sewage pumping station of approximately
$13,000.00, thru lease purchase agreement as outlined by the City Attorney, and the City
Attorney and City Manager were authorized to negotiate such an agreement, to include
taking over the entire water and sewer facilities after construction by the developers,
further consideration of the Commission.
The City Manager next submitted a proposed Sub-division Development Ordinan~,
the Commission that the City shoull only
for
and
MINUTES 417
City Commission, Sonford, Florida,. ...... ~..~.~...~.?..~.~!~.~.?.....~.....~..:....~..: .......... 19..~..
With reference to the proposal to adopt rules and regulations for the o~eration and
maintenance of the municipal cemetery, the City Manager next submitted copy of such rules
and regulations, as adopted by the City of Mt. Dora.
After discussion, action was deferred until next regular meeting, pending further
consideration.
The City Attorney next su]~nitted an Off-Street Parkir~ Ordinance, as proposed by the
City Manager, and same was referred to the Planning and Zoning Board for recommendations.
Consideration next given to a Legal Brief submitted by Paul C. Marion of 2445
Washington Court, claiming ownership, as an abutting property owner, to one-half of said
street and the pond constructed therein by the City, due to the street being shown on the
plat of Wynnewood Subdivision, and dedicated to the City as and for a public street; and the
City having removed the much therefrom for the purpose of constr~ctlng said pond without any
intent of improving the street for the purpose dedicated. Mr. Marion quoted Court~cisions
"in which it was held that a municipal corporation is without power to convert public streets
to any other uses, except as specifically authorized by legislature". He contended that the
City had no right to construct the pond, and by so doing, the street reverted to the abutting
property owners.
The City Attorney then advised that the property in question was dedicated for a
public street, and thnt should the dedication be ~evoked it would revert to the abutting
pFopert¥ owners; and that by implication, the City had abandoned the street; however, since
the action taken by the City, whiich wasccontrary to the dedication, was in conjunction and
cooperation of the abutting property owners, he felt that the street and pond were still
under the control of the City.
Consideration was then given to officially vacating and abandoning the south portion
of Washington Court since it is low and swampy with considerable depth of muck, and impractical
for street development.
Thereupon after careful study of the plat of the area, Commissioner Ratigan moved
that the abutting property owners be given notice that a hearing will be conducted to consider
vacating and abandoning Washington Court from 25th Street north to the south property line of
Lot 5 of Block 3, of Wynnewood Subdivision, and also Wynnewood Drive from Washington Court
to Jefferson Court. Seconded by Commissioner Krider and carried.
On motion of Commiss~ner Krider, seconded by Commissioner Ratigan and carrled, t~
Commission next adopted the following resolution for an easement from Atlantic Coast Line Rail-
road Company to construct and maintain sewer lines underneath their tracks:
RESOLUTION
Be it resolved by the City Commission of the
meeting assembled, that the Mayor of said City be,
City of Sanford, Florida, in regular
he hereby is, authorized to enter into
an agreement with Atlantic Coast Line Railroad Company, and to sign same on behalf of said City,
whereby the said Railroad Comm ny gives and gr~nta unto the said City t[~ right and privilege
to lay and maintain, for the purpose of sanitary sewer, a 75-foot line of 15-inch cast iron
gravity flow sewer pipe across the right of way and underneath the tracks of said Railroad
Company at Ssnford, Florida, at Poplar Avenue, at a point 5,~6 feet eastwardly from Mile
Post 766, said pipe line to replace existing 21-inch p~pe line indicated as Item (2) of
Exhibit "A" of agreement dated September 28, 1926, between the Railroad Company and the City
of Sanford, Florida; also for a sanitary sewer, a 80-foot line of 15-inch cast iron gravity
flow sewer pipe across said right of way and underneath said tracks at a point 5,346 feet
418
' MINUTES
.,, t June 27 at 8 P.M. 19 55
City Cbm ,nhission, Sanford, Florida, . .......................................................................
Contract No. 8 at
under Contract No.
of French Avenue.
and the City of Sanford, Florida.
The City Manager next reported of the untimely death of Consulting Engineer Robert
M. Amass of Robert M. Angas & Associates on June 20, 1955.
The City Clerk next submitted a statement of the Water a~ Sewer Construction Fund,
showing an uncommitted balance of approximately $64,~71.16, after completion of all phases
of work authorized under Contracts "A", and I thru 8, including engineering fees.
Consideration was then given to either completing Pump Branch improvements under
an estimated cost of ~28,000.00, or, to make the do~mtown improvements
10 so as to eliminate raw sewage from discharging into Lake Monroe East
Thereupon after considerable discussion, Commissioner Krider moved that Contract No.
10, be awarded to the lowest bidder, that of Hubbard Construction Company for sum of
$59,650.75, subject to the availability of funds to be determined by the City Commission.
Seconded by Commissloner Scott and carried. The bids on Contract No. 10 having been
submitted and recorded in the minutes of regular meeting of June 13.
Miss Evelyn Biggers, operator of the Motors Inn Restaurant, next apoeared and submitted
an offer of $2,000.00 for purchase of a 150' x 150' lot of the City owned property at South-
east corner of Holly Avenue and Seminole Boulevard for her proposed new restaurant building.
After come,arable discussion, in w~ch Commissioner Ratigan stated that he would
like to have the property appraised by the local Realty B~rd in order to establish the
current market value; Commissioner Krider ob.!ected to selling any City property except on
competitive bids; and Commiss~oner Scott voiced his opinion that it was the wrong time to
sell any property in that vicinity, with French A~enue being reconstructed into a six-lane
drive, the Commission rejected the offer of Miss Bib"ers.
Letter next submitted from City Sanitary Officer E. H. Johnson reporting that he
and the County Sanitarian had made a survey and inspection of the pond between lSth and 16th
Strects and Lake and Williams Avenues, and found it to be a menace to public health because
of the stagnant water creating a ~reedi:~g place for mosquitoes and flies. Said pond having
been created by the owner of the property digging out and removing muck, which cannot be
drained because of being lower than the City's drainage ditches.
After discussion the City Manager was directed to notify the owner of the afore-
said property to take lm~edlate action to correct this health menace.
Request next submitted from F. A. Dyson and W. R. Willis, ~wners of the property
abutting on West side of Myrtle Avenue between First and Second streets, for the City to
pave the street in this block.
After discussion, and in view of the Atlantic C~ast Line Railroad Company being
required to maintain Myrtle Avenue from Third Street north to Seminole Boulevard for the
consideration of an easement to maintain a track o~er the E ~5 ft. thereof, in accordance
with their franchise agreement with the City, the City Manager was directed to request the
railroad company to pave Myrtle A~enue between First and Third Streets.
Letter next submitted from Fred R. Wilson, Chairman of the Henry Shelton Sanford
Memorial Library and Museum Committee, recommending and requesting the City to proceed with
the erection of the library room of the Library and Museum as soon as possible, the estimated
cost being $9,000.00.
After discussion, in which it was pointed out that the City only committed itself
MINUTES
City Commission, Sanford, Florida, June 27~. a,t 8 P.M. 1955
419
that the foregoing request be tabled. Seconded by Commissioner Scott and carried.
Bill of Robert M. Angas & Associates in sum of $b,01~.32 approved by the City
Attorney and City Auditor, for balance of engineering fees due thru June 22, 1955, in con-
nectlon with the water and sewer i~provements program, next submitted, and on motion of Com-
missioner Ratigan, seconded by Commissioner Scott and carried, same was approved and payment
authorized.
On motion of Commissioner Ratigsn, seconded by Commisslone~- Krlder and carried, the
Commission next authorizSd payment of $22,417.66 to Hubbard Corstruction Comoany for final
completion of work on Contract No.
pletlon of work on Contract No. 5;
pletion of work on Contract No. 6.
Ordinance No. 556, entitled:
b; $1~,756.28 to Sullivan, Long & Hagerty for final com-
and $27,0?2.24 to Sullivan, Long & Hagerty for final com-
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
AND ABANDONING A CERTAIN ALLEY BETWEEN LOTS 4, 5, 6 AND 7, AND
THE WEST ONE-HALF (W~) OF LOTS ~ and 8, (LESS THE EAST lb FEET
T~REOF), ALL IN BLOOK l, TIER 8, OF THE TOWN OF SANFORD, PER
E. R. THAFFORD'S HAP.
introduced and plsced on first reading at regular meeting of June 1~, 1955,
on its final reading.
Thereupon the roll was called on the passage and adoption of said
~he vote being as follows:
Florida,
VACATING, CLOSING,
Commismioner Higginbotham Aye
" Krider Aye
" Ratigan Aye
" Scott Aye
was next placed
Ordinance NO. 556,
Thereupon the Chairmsn announced thst the City Commission of the City of Sanford,
by unanimous voZe had passed and adopted said 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 9 AND 8, (LESS THE EAST l~ FEET
THEREOF), ALL IN BLOCK l, TIER ~, OF THE TOWN OF SA~ORD, PER
E. R. TRAFFORD'S MAP.
There being no further business the meeting adjourned.
ATTEST'.
gm
7~-~A YOR
420
MINUTES
City Commission, Sanford, Florida, July 11 at 8 P.M. 1o55
The City Commission of the City of Banford, Florida, met in regular session at the
City Hall in the City of Banfo~d, Florida, at 8:00 o'clock P. M. July ll, 1955.
Present: Commissioner J. D. Cordell, Mayor
" Earl Higginbotham
John S. Krider, Sr.,
" Jack Ratigan
" F.D. Scott
City Attorney A. Edwin Shinholser
City Clerk H. N. Bayer
C~ty Manager W. E. Knowles
Chief of Police R. G. Williams
Meeting called to order by the Chairman.
On motion of Commissioner Scott, seconded by Commissioner HigFinbotham and carried,
minutes of regular meeting of June 27, 1955, approved.
J. C. Hutchlson and Fred R. Wilson of the Henry Bhelton Banfo~-d Memorial Library and
Museum Committee, ne×t apoeared with further reference to their request that the City proceed
with the erection of the library room o~ the Library and Museum as soon as possible, the
estimated cost being $9,000.00. Mr. Hutchison stated that funds could be raised thru public
subscription to supolement the $~,500.00 the City and county each has on,nd toward erecting
the Library and Museum, and that the Committee would accept the responsibility of erecting
the library room if the City and County funds were turned over to them, advising that the
County Commissioners bad,greed to do whatever the City Commissioner decides.
After discussion action was deferred, pending submission of the plans and specifications
of the proposed library room for further consideration at next regular meeting.
Bralley Odham of Odham & Tudor, Inc., next appeared w'th further reference to the
proposed lease ourchase agreement for taking over the water and sewer system being constructed
by them for their housing development outside the city limits south of 27th Street. The
Commission having agreed to~cept the entire system by re-imbursing them only for cost of con-
structing the sewage lift station at cost of $13,000.00.
Mr. 0dham advised that they had awarded a contract in sum of $116,000.00 for the
water and sewer system and street paving, which included off the project construction of
$5,500.00 for cast iron pressure sewer line, $12,500.00 for lift station, and $2,600.00 for
the water main, and he felt that the City should re-imburse them $20,000.00 for these three
items.
After considerable discussion the Commission agreed upon a lease purchase agreement
for the aforesaid utility system with the following stipulations, subject to further negoti-
ations as to purchase price: Agreement not to become effective until at least 25 dwellings
have been constructed and occupied; that the water and sewer system will be constructed to
accommodate not less than 200 dwelling units; that no sewer taps in excess of thec apacity
of the sewer system or lift station, as determined by the City, shall be made or permitted;
and that a condition will be included in the sale of each dwelling that the purchasers~gree
without protest to~cept incorporation within the City Limits of the City upon such conditions
as the City shall determine at time of annexation of said area.
Forrest Brec~enrldge, Manager of Seminole County Chamber of Commerce, next apoeared
on behalf of W. R. Kemp and Richard Bodero, of Orlando and Winter Park, and outlined their
proposal to operate a 400-passenger e~curelon boa~ on the Bt. Johns River during the winter
tourist season, and submitted their request to lease docking facilities at the municipal pier
with exclusive franchise for operating an excursion boat therefrom for a period of three years
with option for renewal, offering 10% of the net' profits from such operation for consideration