091255-Regular Session43S MINUTES
City Commission, Sanford, Florida, September 12 at 8 p. I~e 55
Florida, met in regular session at
The City Commission of the City of Sanford
City Hall in the City of Banford, Florida, at 8:00 o'clock P. M. September 12, 1955.
Present=
Commissioner J. D. Cordell, Mayor
" Earl Higginbotham
" John S. Krlder, Br.,
" Jack Ratlgan
" F.D. Scott
City Attorney A. Edwin Bhinholser
City Clerk H. N. Bayer
City Manager W. E. Knowles
Chief of Police R. G. Williams
the
Meeting called to order by the Chairman.
On motion of Commissioner Ratigan, seconded by Commissioner Scott and carried, minutes
of regular meeting of August 22, and Special Meeting of August 25, 1955, approved.
The Commission then proceeded to sit in final session as a Tax Equalization Board to con~
sider any further complaints or objections as to assessed valuations on the 1955 Tax Roll.
Attorney Fred R. Wilson appeared on behalf of Chase & Company and submitted a protest
against the assessed value of $38,860.00 placed on their 38 acres of farm land, located ben, ween
Celery Avenue and Railroad, and Locust and Mellonville Avenues, claiming that it should be
assessed on basis of which it is being used. The Tax Assessor having re-appraised this property
and valued it on same basis as the surrounding property, due to it being located in a residential
section and zoned accordingly.
After comparison with
farm land similarly located, it was felt
Krider moved that the assessment stand.
the assessed valuations of the surrounding property, and similar
that the assessment was equitable, and Commissioner
Seconded by Comm~sioner Ratlgan and carried.
There being no further obJectlon~ registered, the Commission then approved the
Tax Roll, and adjourned as a Tax Equalization Board.
Five citizens within the area proposed to be annexed to the City, with T. V. Brown as
spokesman, next appeared and made a further protest against the proposal of the City to double
the water rates on all services outside the City.
In response to their question as to how soon the City could start rendering services
and making improvements in the area, should it be annexed,
list of services and improvements that would be available
have to be made under a long range program.
the City Manager presented them a
immediately, and those that would
Mr. Brown then advised that the citizens in said a-es would hold a meeting:1~ consider
the list of improvements the City had to offer, and would invite the City officials to attend
such meeting.
Volie A. Williams, Br., and Fred R. Wilson, members of the City Board of Bond Trustees,
next voiced their objections to reducing the ad valorem tax millage for debt service for
fiscal year 1955-1956, and also stated that they felt the Board of Bond Trustees should be con-
ferred with relative to adopting the City's Budget.
W. M. Phillips, operator of Colonial Cleaners at 110 B. Palmetto Avenue with loading
zone for customers, next submitted a written protest against the proposal to either eliml~te
or charge a rental on all loading zones end parking spaces for priviledged individuals and or-
ganizations.
Letter submitted from Goodyear Service Store at 113 S. Park Avenue objecting to elimi-
nating the private loading zone in front of their place of business, and offering to pay a rental
for use of it.
Letter also submitted from the Retail Merchants Association opposing any wholesale
MINUTES 439
City Commission, Sonford, Florida, ........~..e.~.e...m..b...e..~.....]:.2....a..'f.....8.....P..:...~.,...19.~.~...
After considerable discussion of the matter, the Mayor appointed a committee consisting
of the City Manager, Chief of Police, Chairman of the Traffic Committee, and a representative
from the Retail Merchants Association, to make a survey and written recommendations to the
Commission.
Letters next submitted from H. James Gut tendering his resignation as a member of the
Planning and Zoning Board, and also as a member of the Zoning Board of Adjustment, due to ill
health, and same were accepted with deep regret.
The City Attorney was then instructed to prepare a resolution commending Mr. Gut
for outstanding services rendered.
On motion of Commissioner Ratigan, seconded by Commissioner Scott and carried, A. L.
Wilson, member of the Zoning and Planning Board, was appointed as a member of the Zoning
Board of Adjustment to fill the vacancy created by resignation of Mr. Gut, by acting in same
dual capacity.
On motion of Commiselo~r Ratigan, seconded by Commissioner Hlgginbotham and carried,
Clifford McKibbin, Jr., wes next appointed as a member of the Zoning and Planning Board
to fill the vacancy created by the resignation of Mr. Gut.
On motion of Commissioner Ratlgan, seconded by Commissiomr Klrder and carried, W. N.
Philips was next appointed as a member of the Zoning Board of A~Justment to fill the vacancy
created by the appointment of W. C. Hutchison, Jr., as City Attorney, effective October 1, 1955.
Commissioner Ratigan ne×t introduced Resolution No. 846, and after being read in full,
moved its passage and adoption. Seconded by Commise~oner Higginbotham and carried by the
following vote
of the Commission:
Commissioner Cordell Aye
" Higginbotham Aye
" Krider Aye
" Ratlgan Aye
" Scott Aye
Said Resolution No. 846 being as follows:
A RESOLUTION OF THE CITY COMMISSIONOF THE
CITY OF SAdlFORD, FLORIDA,
EXTENDING GREETINGS TO THE HONORABLE GEORGE A SMATHERS, UNITED
STATES SENATOR.
WHEREAS, Honorable George A. Smathere has served and is serving commendably and with
distinction in the nation's Capitol as the Junior United States Senator from the S~ate of
Florida; and
WHEREAS, it is the privilege and pleasure of the people of thtecommunity to welcome
him on the occasion of th~s visit within the City; and
WHEREAS, it is the desire of the City Commission to recognize the honor of this visig
in a busy schedule and to extend to the Senator the official welcome from the City of Banford;
NOW THEREFORE, BE IT RESOLVED that the City Commission does hereby express its sincere
appreciation to Senator George A. Bmathers for his visit within the portals of this City, does
hereby extend him its most cordial and sincere welcome, and does hereby tender to him the
official key to the City.
FURTHER RESOLVED that this Resolution be soread ontlie~minutes of the City Commission
and that a copy hereof be furnished to Senator George A. Bmathers and to the local press
and radio station.
PASSED AND
ADOPTED
this 12~h day
of September, 1955.
s/ J. D. Cordell, Mayor
John Krider
44O
MINUTES
City Commission, Sanford, Florida, September 12 at 8 P.M.
Commissioner Krlder next introduced Ordinance No. 561, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE
NUMBER ~62 OF SAID CITY, AS AMENDED, SAID ORDINANCE BEING AN OR-
DINANCE ESTABLISHING A ZONING PLAN ~THIN THE CITY OF SANFORD,
SAID AMENDMENT TRANSFERRING CERTAIN TERRITORY IN DISTRICT R-1-A
TO DISTRICT C-N AND CERTAIN TERRITORY IN DISTRICT R-1 TO DISTRICT
C-l, IN SAID CITY.
and same '~s placed on its first reading and reed in full.
Commissioner Scott moved the ~iver of the requirements of second reading of said Or-
dinance No. 561, and that sane be placed on its final passage and adoption. Seconded by Com-
missioner Higginbotham.
Thereupon the question recurred on the waiver of the second reading, the roll was called
and the vote stands as follows:
Commissioner Cordell Aye
" Higginbotham Aye
" Krider Aye
" Ratigsn Aye
" Scott Aye
called
Said O~dina~e No.
and the vote stands
561 wss
then placed on final passage and adoption. The roll was
ss
Commissioner Cordell Aye
" Higginbotham Aye
" Krider Aye
" Rstigan Aye
" Scott Aye
Thereupon the Chairman announced that the City Commission of the City of Sanford, Florida,
by unanimous vote had passed and adopted Ordinance No2 561, entitled:
AN ORDINANCE OF THE CITY OF SA~ORD, FLORIDA, AMENDING ORDINANCE
NUMBER $62 OF BAlD CITY, AB AMENDED, ~ATD ORDINANCE BEING AN OR-
DINANCE ESTABLISHING A ZONING PLAN WITHIN TEE CITY OF SANFORD,
SAID AMENDMENT T~ANSFERRING CERTAIN TERRITORY IN DISTRICT R-1-A
TO DISTRICT C-N AND CERTAIN TERRITORY IN DISTRICT R-1 TO DISTRICT
C-l, IN SAID CITY.
On motion of Commissioner Hlgginbotham, seconded by Commissioner Ratigan and carried
the Commission next authorized the City Attorney to prepare a resolution requesting the State
Road Department to widen Park Avenue between 23rd Btre~t ~nd French Avenue, and to resurfsce
Park Avenue in its entirety.
Commissioner Bcott next introduced Ordinance No. 562, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, VACATING, CLOSING AND
ABANDONING PORTIONS OF THE NORTH TEN FEET OF 2~TH PLACE BETWEEN
BANFC~ AVENUE AND PRINCETON AVENUE, IN T~ CITY OF SANFORD~ FLORIDA.
sad same was placed on its first reading and read in full.
Offer of $18,000.00 next submitted for purchase of City owned property described
as Lots ~, 4 and 5 of Block 1, Tier 9, Victor Check's Amended Plat, located at Northwest corner
of French Avenue and Commercial Street.
After discussion, and in view of the policy adopted by the Commission ~hat all City
property offered for sale, be placed on the n~rket for the highest and best price, Com-
missioner Ratigan moved that the aforesaid property be listed for sale with all the realtors
for the h~ghest and best cash offer, with ~inimum net price of $18,000.00, and that a check
equal to 5% of ourchase price accompany such offer. Seconded by Commlssloner Krlder-and carried.
On recommendation of the City Manager and Chief of Police, and on motion of Com-
missioner Higginbotham, seconded by Commissioner Krider and carried, the Commission next
authorized an expenditure of $500.00 for defraying expenses in connection with one of the
police officers attending a police school to be coducted in Miami, from September 26 to
December 17, 1955.
MINUTES 441
City Commission, Sanford, Florida, Seote~.~...~...~ .8 P. M .19~ ....
AGREEMENT
THIS AGREEMENT, Made in duplicate, this 12th day of September, 1955, by and between
CITY OF SANFORD, a municipal corporation, of the County of Seminole and State of Florida,
hereinafter called "City#, and W. R. KEMP, of Orlando, Florida, and RICHARD SODERO, of Winter
Park, Florida, hereinafter called "Lessees";
WITNEBSETH, That whereas, Lessees propose to operate a sight-seeing cruise boat for the
benefit of residents of a~ visitors to this locality from the City pier, and for the purposes
of said ooeratlon have requested from City for the term hereof an exclusive franchise for oper-
ation of such a boat from City property and a lease of City pier facilities for docking said
boat, and the City, desiring to make such operation available to residents and visitors, is
agreeable, on the conditions hereafter named, to granting such franchise and lease;
NOW THEREFORE, in consideration of the mutual benefits to be derived and the conditions
~o be performed by Lessees, it is hereby mutually agreed as follows:
1. The City hereby grants unto the Lessees, for a period of three years from date
hereof, the right, subject to the conditions hereinafter stated, to dock at the municipal pier
of the City in Lake Monroe. City further grants to Lessees the exclusive franchise during
the term hereof to operate a sight-seeing cruise boat from City property on Lake Monroe.
2. The Lessees shall pay promptly each month, upon rendition of statement for same,
the amount determined by City to be due for utilities furnished to Lessees at the aforesaid
pier.
3. Lessees
the City of Banford,
the
from time to
requirements of said Chapter as the City Commission of the City of Sanfo~d, Florida,
time require, and furnish to City certificate of insurance on all policies
hereby agree to comply with the provisions of Chapter 26 of the Code of
Florida, 1954, and to carry such public liability insurance in excess of
may
qulred hereunder.
4. Lessees during the time of this
for the franchise and lease hereby granted,
operation. All pertinent books and records
lease shall pay monthly to the City as consideration
ten percent of the net profits of their aforesaid
of Lessees shall be made available by Lessees to
inspection by City on its request to verify the correctness of any amount tendered hereunder.
5. Should Lessees fail to have the aforesaid c~ulse boat in operation within ninety
days from date hereof, or should Lessees at any time durin~ the term hereof after December 31,
1956, not operate said boat during at least three months of any calendar year hereafter, this
agreement, and all rights of Lessees thereunder shall immediately cease and terminate.
6. If all terms and conditions hereof have been complied with by Lessees, they shall
have the opportunity to renew this lease and franchise on the same terms and conditions for an
additional three year period, and thereafter for similar three year periods for a total term
not to exceed 30 years from d~te hereof, by giving written notice to City by delivery to City
Manager not later than sixty days prior to expiration of
each renewal term thereafter of their intent to so renew.
IT IS EXPRESSLY understood that in the event the
t~ original three year term or of
City is held by a cc~rt of competent
Jurisdiction not to have had power or authority to make th~ agreement, there shall be no
ability on the City or any of its officers, agents or employees on account thereof.
IN WITNEBS WHEREOF, City has caused this agreement to be executed in its
Mayor and attested and its official seal hereunto affixed by its City Clerk, and
have hereunto set t~ hands and seals the day and year first above written.
CITY OF BANFORD, FLORIDA
li-
name by its
the Lessees
MINUTES
City Commission, Sanford, Florida ..... ~.~§~..~..~...~..~..~.~.....19.~..
The City Attorney next submitted the Option Agreement with W. R. Kemp and Richard Sodero
to construct a~ operate a restaurant on t~ City pier, ~n~ on motion duly adopted, same was
approved and the Mayor and Clerk authorized to execute the agreement on be~lf of the City.
Said Option Agreement being in words and figures as follows:
OPTION AGREEMENT
THIS AGREEMENT, Made in dupllc~e this 12th day of September, 1955, between t~ City of
Ssnford, Florida, hereafter called "Owner", and W.~. KEMP of Orlando, Florida, and RICHARD
SODERO of Winter Park, FloOds, hereafter called "Operators"
WITNESSETH that in consideration of One and No/100 ($1.00) Dollar and other valuable
conaideratlon in hand paid to City by Operators, City ~s granted and doe~ hereby grant to
Operators, subject to th~conditloneh~-eln reclted,
to construct a restaurant on the City Pier et t~
is part of the consideration for this option that
the ~xcluslve option until December ~1, 1956,
northern terminus of Park Avenue in City. It
Operators shall have fully complied with the
terms and conditions of agreement of even date herewith between the City a~Operators for oper-
ation of a sight-seeing cruise boat from the City Pier. No construction of the proposed rest-
aurant or any part thereof shall be authorized or permitted until the City Commission of City
Commission of City shall first have approved plans and specifications for such restaurant and
such approval shall be shown on the official minutes of t~ City Commission.
If Operators shall desire to exercise the potion hereby granted they shall so notify
City in writing prior to December ~1, 1956, delivering such notice to the City Manger of
City and furnishing to him copies of plans and soecifications as aforesaid.
In the event Operators shall notifyTCity of their intent to construct a restaurant as
aforesaid, the City and Operators shall thereupon enter into a lease of the facilities thus
to be provided for such duration and upon such te~ms
agreed upon between City and O~rators.
It is mutually agreed that if the City shall
and conditions as shall be mutually
be held by a court of competent Jurls-
diction not to have had power or authority to grant this option or to enter into any lease of
facilities constructed pursuant to seme, there shall be no liability on the part of City or
any of its officers, agents, or employees, to Operators either by reason of this option or of
such lease.
IN WITNESS WHEBEOF, City h~s caused this agreement to be executed in its name by its
Mayor and attested and its official seal hereto affixed by its City Clerk, and the O~a~ators
have hereunto set their hands and seals the day and year first .above written.
As to City
CITY OF SANFORD, FLORIDA.
BY: S/ J.D. Cordell, Mayor
ATTEST: H.N. Bayer, Its Clerk
As to 0~erat~rs OPERATORS ~'
Letter next submitted from Gordon V. Frederick, Attorney, requesting the Commission
to remit the sentence imposed on Felton Brooken, who was convicted in Municipal Court on
August 29, 1955, for "Reckless Driving' of a taxicab.
After discussion, and upon advice of t~ City Clerk the t the aforesaid case had been
appealed to Circuit Court, Commissioner Hig~inbotham moved that no action be taken by the
Commission. ~econded by Commlssl~er Ratigan and carried.
MINUTES 443
September 12 at 8 P.N. 1955
City Commission, Sanford, Florida, ......: ................................................................. .
On motion of Commissioner HigFinbotham, seconded by Commissioner Krider and carried, the Com-
mission next authorized payment of $13,519.71 to Hubbard Construction Company for work completed
to September l, 1955, on Contract No. l0 of the sewer project.
On motion of Commissioner Hlgginbotham, seconded by Commissioner Ratigan and carried,
current invoices and payrolls next approved, as evidenced by General Fund Banford Atlantic
National Bank Vouchers Nos. 7686 thru 7812; General Fund Florida State Bank Vouchers Nos. 1293
thru1320; Water & Sewer Revenue Fund Sanford Atlantic National Bank Vouchers Nos. 37 thru
and Construction Trust Fund Sanford Atlantic National Bank Voucher No. 42.
The City Manager next submitted the following schedule of proposed rates for refuse
collection fees, for consideration of the Commission as additional revenue to balance the
budget for fiscal year 1955-1956:
Residences
Churches
Lodges
Nursery
~REFUSE COLLECTION FEES. Rate Monthly
No. Month Revenue
15
~ 1.00
2,657.00
Residence - Apt
Residence - Rooms
Duplex
~372
170
1.5o 255.00
Business
Business
Business
Business
Business
Qusrters
Quarters
Schools
- Residence
- Quarters
- Apartments
- Lodge
- Residence
Tourist Courts
Trailer Park
Hotel
Hospital
372
7
14
1
3
16
2
2
Apartments 131
3,522
~.00 1,692.00
.5o 65.50
4,669.50
Annual Revenue
56,034.00
Lost thru dead meters - 7.5%
Actual Revenue
4,2o2.55
51,831.45
Thereupon after careful study and consideration, Commissioner Ratigan moved that the
foregoing schedule of "Refuse collection fees" as recommended by the City Manager, be adopted,
and that these charges be billed on an invoice to be labeled "City Services", and that such
invoice incorporate in detail charges for water, sewer service charge, utilities tax, and
refuse collection fee. Seconded by Commissioner Krider and carried.
The City Manager next submitted proposal of Florida Power and Light Company to furnish
and install on wood poles, 18 mercury vapor 20,000 lumen street lights on French Avenue between
Seminole Boulevard and Orlando Highway, at an annual lighting cost of $1,620.00.
After discussion, and in view of City not having available funds to install its own
street lights on French Avenue, Commissioner Higginbotham moved that Florida Power be
authorized to install the 18 foregoing described street lights at saidannual lighting cost of
$1,620.00. Seconded by Commissioner Krider and carried.
Commissiom~.r Higginbotham next moved thst the budget of revenues and expenditures for
fiscal year 1955-1956 be approved as adjusted, and that the tax levy for year 1955 be placed
at same as 1954 - 13,5000 mills, to be allocated as follows:
Department of Debt Bervice 6.0000 Mills
444
MINUTES
City Commission, Sanford, Florida, September 26, 1955 at 8~. M.
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., September 26, 1955.
Present: Commissioner J. D. Cordell, Mayor
" Earl Higginbotham
" Jack Ratigan
" F.D. Scott
City Attorney A. Edwin Shinholser
City Clerk H. N. Sayer
City Manager W. E. Knowles
Chief of Police R. G. Williams
Absent: Commissioner John S. Krlder, Sr.
Meeting called to order by the Chairman.
Volie A. Williams, Sr., owner of business property on West side of Magnolia Avenue
between 2nd and 3rd Streets, next appeared and requested the City to install parking meters in
balance of this block on both sides of the street. He pointed out that it would only require
14 additional meters, which he said would solve the parking problem in this area that is caused
by the existing one-hour harking restrictions being badly abused by the oublic.
After discussion the matter was taken under advisement, pending survey by the City
Manager.
Brailey Odham of Odham & Tudor, Inc., developers of Pinecrest Heights and South
Pinecrest subdivisions located outside the City Limits, ne×t apoeared and requested the City
to instal2 street lights in these developments and deduct the operating cost from first year's
payment due them on lease purchase of the ir utility system, which the City has agreed to take
over. He also re,quested the City to consider furnishing this area a guaranteed fire protection
service on an annual dwelling unit cost basis, which could also be deducted from the aforesaid
payments.
After discussion, action was deferred, pending further consideration.
Foster Smith next submitted application for renewal in his name the beer and wines
license issued Fred Heath to operate a beer garden at corner of 13th Street and Mangous~ine
Avenue advising that he owned the business and Fred Heath hsd left the city.
On recommendation of the Chief of Police, and on motion of Commissioner Higginbotham
seconded by Commissioner Scott and carried, the aforesaid apolication was approved.
On recommendation of the City Manager, and on motSon of Commissioner Retigan, seconded
by Commissioner Scott and carried, the Commission next authorized the discontinuance of bill-
boards on City owned property on west side of French Avenue north of Commercial Street, and
the cancellation of lease agreement with Zimmer Poster Service for the space on which they are
located.
On motion of Commissioner Ratigan, seconded by Commissioner Higginbotham and carried,
the Commission next made the following temporary appointments, effective October l, 1955: Pur-
chasing Agent - Mrs. Rosa Rotundo; Superintendent of Public Works - City Manager for a period
not to exceed 30 days; Superintendent of Utility Deosrtment - City Manager for a period not to
exceed 60 days. It being understood that the City Manager will not come under Civil Service
statue during the period of the aforesaid temporary appointments.
Ordinance No. 562, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, VACATING
CLOSING AND ABANDONING PORTIONS OF THE NORTH TEN FEET
OF 2~TH PLACE BETWEEN SANFORD AVENUE Ak~ PRINCETON AVENUE
IN THE CITY OF SANFORD, FLORIDA.
introduced and placed on first reading at regular meeting of September 12, 1955, was next
placed on its final reading