Loading...
061383-Regular Session MINUTEs City Commission, Sanford, Florkla ~f) 83 The City Commission of the City of Sanford, City Hall in the City of Sanford, Florida, at 7:00 o'clock p. M. Present: Acting Mayor-Commissioner Edwin O. Commissioner Milton E. Smith Commissioner Edward A. Yancey City Attorney William L. Colbert City Manager W. E. Knowles Deputy City Clerk Rosa M. Rotundo Florida, met in Regular Session in on June 13, 1983. Keith Absent: Mayor-Commissioner Lee p. MOOre Commissioner David T. Farr City Clerk H. N. Tamm, Jr. The meeting was called to order by the Chairman. A public hearing was held in accordance with notice published Herald on May 27, 1983, as follows: in the Evening NOTICE TO THE PUBLIC YOu ARE HEREBy NOTIFIED that on the 13th day of June, 1983, at7:00 p.m., at City Hall in the City of Sanford, Florida, the 'City Council of the City of Sanford, Florida, will conduct a public hearing regarding the issuance of its First Mortgage Revenue Bonds (Howell Place of Sanford Project) Series 1983 dated June 1, 1983, in the aggregate principal amount of $4,800,000, the proceeds of which will be loaned to Howell Place of Sanford, Ltd., a Tennessee limited partnership, and used for the purpose of financing the acquisition, construction, equipping and installing of a 94-unit adult congregate living facility to be located on approximately 13.7 acres of land at the intersection of Airport Boulevard and Highway 1792, in the City of Sanford, Florida. At the hearing the City Council of the City of Sanford, Florida, will Consider a 'resolution determining whether the issuance of such bonds to finance the adult Congregate living facility will improve the prosperity and welfare of the State of Florida and its inhabitants and improve living conditions and health care in the State of Florida. Any person who wishes to attend the hearing is hereby invited to attend. the Publish May 27,1983 , City Clerk City of Sanford, Florida The Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, the issuance of the bonds. No one appeared. The City Manager reported that some of the items which the City had required from the developers have not been completed. Letter dated May 31, 1983 submitted from John K. Daniels to the City Manager, listing improvements to Mayfair Country Club in the total amount of $99,350.00, for the years 1982 and 1983. Fred Salgado, 530 North Palmetto Avenue, appeared and reported he represents the owners of the Holiday Inn, and presented plans to expand the motel facilities, utilizing Lot 3, Sanford Riverfront Project, as follows: 1. Phase I: 2. Phase II: further, he notified the Riverfront Project, as set forth in their lease Agreement. construct a lounge and dining facilities on the West part of Lot 3. construct additional motel rooms, meeting rooms and retail shops. City they plan to exercise their option to lease Lot 3, Sanford He reported that over four 593 MINUTES City Cornmission, Sanford, Florida .... June 1~3--at 7:_0Q ?. M. 19 83 months ago they started refurbishing the existing motel rooms, and have replaced 20% of the air conditioning units, and have remodeled 10 rooms with new carpet, furniture and bedding. Commissioner Smith moved to approve the exercise of the option to lease Lot 3, in accordance with plans presented. Seconded by Commissioner Yancey and carried. Donald Hess, 2017 Elizabeth Court, Sanford, Florida, appeared and reported he is the operator of the golf driving range located on the airport, and that he had refurbished the sign at the Southeast corner of the intersection of Airport Boulevard a~d Sanford Avenue, and had received a verbal agreement from the owner, by telephone, to use the sign. Further, he requested a temporary permit and to leave the sign where it is, to advertise the golf driving range. The City Manager reported that when the sign was used in the past, it was an on- site sign, that it was now an off-site sign which is prohibited, and that Mr. Hess did not obtain a permit for it. The Commission took no action, and the Chairman announced the request had died for lack of a motion. Recommendations dated June 3, 1983 submitted from the Planning and Zoning Commission as follows: MEMORANDUM DATE: TO: FROM: SUBJECT: June 3, 1983 City Clerk Zoning Inspector Planning & Zoning Meeting of June 2, 1983 RECOM}iENDATIONS Recon~nend approval of the Conditional Use for the sale of alcoholic beverages for consumption on the premises to be located at 119 S. Magnolia Ave. in the SC-3 zoned district. Rep.-Flora Buzlea. I~commend approval to change and amend Sanford City Code, Ordinance #1097, Appendix A, Article 10 E. off-Street Parking, in the SC-3, Special Commercial District, by changinq Section (10) E. as follows: (E) Off-Street Parking R~quired off-street parking spaces shall be provided as set forth in Article VI hereof, except that no off-street parking shall be required for commercial uses with 1,000 sq. ft. or less sales area located within 800 ft. of a city-owned parking lot. R~commend all action be tabled regarding the Public Hearing to rezone from multiple-family to single-family, the area from 3rd to 13th St. from Sanford Ave. to French Ave. until the City Attorney can provide further information on Inverse Condemnation. On recommendation of the Planning and Zoning Commission, Commissioner Yancey moved to authorize sale of alcoholic beverages for consumption on the premises at 119 South Magnolia Avenue. The motion failed for lack of a second. Commissioner Yancey moved to authorize a public hearing to be held June 27, 1983 _~^~+ ~n~_ Seconded by Commissioner Smith and carried. MINUTES City Commission, Sanford, Florida June !--3 at 7:.00 P._~ 1983. On recommendation of the Planning and Zoning Commission, Commissioner to table consideration of rezoning property between Third Street and 13th Street Sanford Avenue and French Avenue from multiple-family to single-family. Seconded by Commissioner Yancey and carried. Bryce Baker, Cardinal Industries Incorporated, 3701 South Sanford Avenue, Sanford, Florida, appeared and reported his company is constructing a new facility for the Humane Society at the Corner of 17-92 and County Home Road, that the property has drainage problems which would be aggravated by hard surface paving, and requested a waiver to pave the driveway and parking areas by stabilizing ~ith limerock, and using either mulch or gravel on top. Further, they are providing 30 parking spaces and they are only required to provide 12, and that part of the property is not in the City of Sanford, and Seminole County has recommended not to use hard paving. Commissioner Smith moved to authorize a 90 day waiver on the required paving. Seconded by Commissioner Yancey and carried. Letter dated June 3, 1983 submitted from T. Duncan Rose, III, County Administrator, to the Mayor, as follows: Smith moved and between COUNTY OF SEMINOLE FLORIDA June 3, 1983 Mayor Lee P. Moore City of Sanford P. O. Box 1778 Sanford, FL 32771 Dear Mayor Moore: At the June 3 CALNO meeting, the representatives from several cities requested the County reduce its concept for the local option gas tax to writing. The foIlcwing summarizes the County Administrator's proposal: The County Comm[ssion would consider levying the full four cents authorized by law. - Three cents would be allocated to the county to be applied to solving capacity problems on county collector 'or arterial roads. The specific projects would be itemized in the interlocal agreement prior to execution. The "critical segments" list would comprise a starting point for prioritization. - The. separate cities, via CALNO, if des;red, would contribute to the prior~tization of the various projects. The county, of course, would have to make the final decision, such decision being' then extended to the cities for approval or rejection in the interlocal agreement. The interlocal agreement would bind to the extent of current law all parties to the agreement, but could be changed by a "mutual consent" clause of some type. One of the four cents would be reserved to the cities to be allocated among the cities on a basis to be determined by CALNO. No "strings" would be attached by the County to the use of the dollars by the cities. Each city endorsing the interlocal agreement would need to adopt a resolution or ordinance as appropriate, Clearly indicating that City Corm~ission's support of the full four cent levy. The County Commissinn w~,l~ .... ;~ MINUTEs City Commission, Sanfovd, FIori, June 13 at 7_:Q0 p.M. ]9 83 The County Commission as a body has not endorsed any plan at this time. This proposal is intended Solely to provide a Starting point for specific discussion. I or the BCe welcome your thoughts, comments, short; for all parties to proceed within the or questions. Time Statutory time frame, need written acceptance or rejection of this concept by each city no later than lO June by 5 p.m. Thank you for your Continued interest. Enclosed for your i~formation is the Sanford resolution supporting a different three Cent concept. Sincerely, TDR:Jsm BOARD OF COUNTy COHHISSIONERs T. Duncan Rose, III County Administrator Enclosure Commissioner Yancey moved to authorize the City Attorney to prepare a resolution to rescind Resolution No. 1345, which supported a 3¢ gas tax, and to authorize the City Manager to inform the County Commission that when they decide what they want to do, the City will consider their plan. Seconded by Commissioner Smith and carried. Requests submitted for time extensions as follows: GROUP REPORT NO. __NO. ADDRESS 82-1015 82-1044 OWNER 67 1120 Pecan Avenue Greg Hughes FINAL 90 days 69 1415 W. 17th St. Margaret Peavy 90 days Recommended by the City Manager, with an inspection every 30 days. On recommendation of the City Manager, Commissioner Smith moved to authorize same. by Commissioner Yancey and carried. MIN HOUSING CODE INSP RECOMMENDS A public hearing was held in Herald on May 12, 19 and 26 and June 2, Seconded accordance with notice published in the Evening 1983 as follows: NOTICE OF A PUBLIC HEARING TO CONSIDER THE ADOPTION OF AN ORDINANCE BY THE CITY OF SANFORD, FLORIDA. Notice is hereby given that a Public Hearing will be held at the Commission Room in the City Hall in the City of Sanford, Florida, at 7:00 o'clock p. M. on June 13, 1983, to consider the adoption of an ordinance by the City of Sanford, Florida, as follows: ORDINANCE NO. 1641 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO ANNEX WITHIN THE CORiPORATE AREA OF THE CITY OF SANFORD, FLORIDA, UPON ADOPTION OF SAID ORDINANCE, A PORTION 0F THAT CERTAIN PROPERTY LYING WEST DF AND ABUTTING ORLANDO DRIVE AND BE- TWEEN FLORIDA STREET AND THE CROSSWAY; SAID PROPERTY BEING SITUATED IN SEMINOLE COUNTY, FLORIDA, IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE. Wahq{EAS, there has ~een filed with the City Clerk of the City of Sanford, Florida, petitions containing the names of the property owners in .the area described hereinafter requesting annexation to the corporate area of the City of Sanford, Florida, and requesting to be included therein; and MINUTES June 13 at 7:00 P. City Commission, Sanford, Florida- Property Appraiser of Seminole County, Florida, having certified that there ar~ two owners in the area to be annexed, and that said property owners have signed the Petition for Annexation; M. 19 83 and WHEREAS, it has been determined that the property described hereinafter is reasonably compact and contiguous to the corporate areas of the City of Sanford, Florida, and it has further been determined that the annexation of said property will not result in the creation of an enclave; and WIiE1LEAS, the City of Sanford, Florida, is in a position to provide municipal service~'to the property described herein, and the City Commission of the City of Sanford, Florida, deems it in the best interest of the City to accept said petition and to annex said property. NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF sANFORD, FLORIDA: SECTION 1: That the property described below situated in Seminole County, Florida, be and the same is hereby annexed to and made a part of the City of Sanford, Florida, pursuant to the voluntary annexation provisions of Section 171.044, Florida Statutes: S 85 feet of the E 170 feet of Lot 43 and all Lot 44, Not Fountain Lodge Amended Plat Druid Park, Plat Book 7, Page 5, Public Records of Seminole County, Florida. SECTION 2: That upon this ordinance becoming effective the property owners and any resident on the property described herein shall be entitled to all the rights and priviledges and immunities as are from time to time granted to residents and property owners of the City of Sanford, Florida, and as are further provided in Chapter 171, Florida Statutes, and shall further be subject to the responsibilities of residence or ownership as may from time to time be determined by the governing authority of the City of Sanford, Florida, and the provisions of said Chapter 171, Florida Statutes. SECTION 3: If any section or portion of a section of this ordinance proves to be invalid, unlawful or unconstitutional, it shall not be held to invalidate or impair the validity, force or effect of any section or part of this ordinance~ ~ SECTION 4: That all ordinances or parts of ordinances in conflict herewith, be and the same are hereby repealed. SECTION ~: That this ordinance shall become effectiVe immediately upo%i68pVS eat° f le at the o ice the cit cler for all persons desiring to examine the same. All parties in interest and citizens shall have an opportunity to be heard at said hearing. By order of the City Commission of the City of Sanford, Florida. H. N. Tamm, Jr. City Clerk MINUTES City Con]mission, Sanford, Florida_ June_13 at 7:00 P. M. ]9 83 Publish: May 12, 19 & 26 and June 2, 1983. Ordinance No. 1641, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO ANNEX WITHIN THE CORPORATE AREA OF THE CITY OF SANFORD, FLORIDA, UPON ADOPTION OF SAID ORDINANCE,A PORTION OF THAT CERTAIN PROPERTY LYING WEST OF AND ABUTTING ORLANDO DRIVE AND BE- TWEEN FLORIDA STREET AND THE CROSSWAY; SAID PROPERTY BEING SITUATED IN SEMINOLE COUNTY, FLORIDA, IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE. introduced and placed on first reading and read in full at the meeting of May 9, 1983, was next placed on final reading. After being read by title, the Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, the adoption of the ordinance. No one appeared. Commissioner Smith moved on the passage and adoption of Ordinance No. 1641. Seconded by Commissioner Yancey and carried. Thereupon, the Chairman announced that the City Commission of the City of Sanford, Florida, had passed and adopted said Ordinance No. 1641, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO ANNEX WITHIN THE CORPORATE AREA OF THE CITY OF SANFORD, FLORIDA, UPON ADOPTION OF SAID ORDINANCE,A PORTION OF THAT CERTAIN PROPERTY LYING WEST OF AND ABUTTING ORLANDO DRIVE AND BE- TWEEN FLORIDA STREET AND THE CROSSWAY; SAID PROPERTY BEING SITUATED IN SEMINOLE COUNTY, FLORIDA, IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY CONFLICTS, AND EFFECTIVE DATE. ' A public hearing was held in accordance with notice published in the Evening Herald on June 3, 1983, as follows: NOTICE OF A PUBLIC HEARING TO CONSIDER THE ADOPTION OF AN ORDINANCE BY THE CITY OF SANFORD, FLORIDA. Notice is hereby given that a Public Hearing will be held at the Commission Room in the City Hall in the City of Sanford, Florida, at 7:00 o'clock p. M. on June 13, 1983, to consider the adoption of an ordinance by the City of Sanford, Florida title of which is as follows: ' ORDINANCE NO. 1644 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING CHAPTER 19, SECTION 19-3, STANDARD PLUMBING CODE, THE CODE OF THE CITY OF SANFORD, FLORIDA; SAID AMENDMENT CHANGING THE SECTION NUMBER AND PROVIDING FOR POLYBUTYLENE (PB) PLASTIC PIPE OR TUBING WITHOUT JOINTS; PROVIDING SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE. A copy shall be available at the Office of the City Clerk for all persons desiring to examine the same. Ail parties in interest and citizens shall have an opportunity to be heard at said hearing. By order of the City Commission of the City of Sanford, Florida. Publish: June 3, 1983. H. N. Tamm, Jr. City Clerk Ordinance No. 1644, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING CHAPTER 19, SECTION 19-3, STANDARD PLUMBING CODE, THE CODE OF THE CITY OF SANFORD, FLORIDA; SAID AMENDMENT CHANGING THE SECTION NUMBER AND PROVIDING FOR POLYBUTYLENE (PB) PLASTIC PIPE OR TUBING WITHOUT JOINTS; PROVIDING SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE. MINUTES City Commission, Sanford, Florida .... June 13 at 7:00 P. M. ]9~3 introduced and placed on first reading and read in full at meeting of May 23, 1983, was next placed on final reading. After being read by title, the Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, the adoption of the ordinance. No one appeared. Commissioner Yancey moved on the passage and adoption of Ordinance No. 1644. Seconded by Commissioner Smith and carried. Thereupon, the Chairman announced that the City Commission of the City of Sanford, Florida, had passed and adopted said Ordinance No. 1644, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING CHAPTER 19, SECTION 19-3, STANDARD PLUMBING CODE, THE CODE OF THE CITY OF SANFORD, FLORIDA; SAID AMENDMENT CHANGING THE SECTION NUMBER AND PROVIDING FOR POLYBUTYLENE (PB) PLASTIC PIPE OR TUBING WITHOUT JOINTS; PROVIDING SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE. A public hearing was held in accordance with notice published in the Evening Herald on June 3, 1983, as follows: NOTICE OF A PUBLIC HEARING TO CONSIDER THE ADOPTION OF AN ORDINANCE BY THE CITY OF SANFORD, FLORIDA. Notice is hereby given that a Public Hearing will be held the Commission Room in the City Hall in the City of Sanford, Florida, at 7:00 o'clock P. M. on June 13, 1983, to consider the adoption of an ordinance by the City of Sanford, Florida, title of which is as follows: at ORDINANCE NO. 1645 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO CORRECT THAT CERTAIN LEGAL DESCRIPTION CONTAINED IN ORDINANCE NO. 1623, ADOPTED BY THE CITY OF SANFORD, FLORIDA, ON FEBRUARY 28, 1983; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. A copy shall be available at the Office of the City Clerk for all persons desiring to examine the same. All parties in interest and citizens shall have an opportunity to be heard at said hearing. By order of the City Commission of the City of Sanford, Florida. H. N. Tamm, Jr. City Clerk Publish: June 3, 1983. Ordinance No. 1645, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO CORRECT THAT CERTAIN LEGAL DESCRIPTION CONTAINED IN ORDINANCE NO. 1623, ADOPTED BY THE CITY OF SANFORD, FLORIDA, ON FEBRUARY 28, 1983; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. introduced and placed on placed on final reading. Commission would hear from those persons present to speak in favor of, or in opposition to, the adoption of the ordinance. No one appeared. Commissioner Smith moved on the passage and adoption of Ordinance No. 1645. first reading and read in full at meeting of May 23, 1983, was next After being read by title, the Chairman announced that the Seconded by Commissioner Yancey and carried. Thereupon, the Chairman announced that the City Commission of Florida, had passed and adopted said Ordinance No. 1645, entitled: the City of Sanford, AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO CORRECT THAT CERTAIN LEGAL DESCRIPTION CONTAINED IN ORDINANCE NO. 1623, ADOPTED DY THE CITY OF SANFORD, FLORIDA, ON FEBRUARY 28, 1983; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. MINUTEs ~ Sanford, Florida June 1 ~anf°l% ~l°rida June ~ ~ 7:00 p M~- ommissioner Yancey moved to appoint Commissioner Smith as the Mayor's representative to attend the June 23, 1983 meeting of the East Central Florida Regional ~ Planning Council Metropolitan Planning Organization in the Orlando City Hall. Seconded by Commissioner Smith and Carried. On motion of Commissioner Smith, Seconded by Commissioner Yancey and carried, Minutes of May 23 and May 27, 1983 were approved. On motion of Commissioner Yancey, seconded by Commissioner Smith and Carried, Vouchers for the Month of May, 1983, Were approved as follows: CHECKS FOR THE MONTH OF MAY, 1983 General Fund, Flagship Bank of Seminole, Voucher No. 8548 thru 8554 and 8557. Refuse Collection & Disposal Fund Flagship Bank of Seminole, Voucher No. 287 thru 290. ' Water and Sewer Revenue Fund, Flagship Bank of Seminole, Voucher No. 3025 thru 3030. Policemen,s Pension Fund, Flagship Bank of Seminole, Voucher No. 606. Firemen's Relief and Pension Fund, Flagship Bank of Seminole, Voucher No. 433. Central Paying Account, Flagship Bank of Seminole, Voucher No. 40452 thru 40893. Renewal & Replacement, Flagship of Seminole, Voucher No. 224. The City Manager submitted a letter dated May 16, 1983, from Albert President, Oaklawn Investments, Inc., as follows: Isaacs, THE INTERSECTION OF COUNTRY CLUB AND RHINEHART ROADS ROUTE4 · BOX244 · SANFORD, FLA. 32771 · (305) 322.4263 May 16~ 1983 Mr..W. E, Knowle~ City Manager City of Sanford P. O. Box 1778 Sanford, Fi 32771 Dear Mr. Knowles: This is to inform you that I am very much interested in taking over the operation of the City of Sanford Cemetery on a private ownership basis. MINUTES City Commission, Sanford, Florida June 13 _at 7:00 ?~ M~. 19~83 I would appreciate the opportunity to inspect the property and records at your earliest convenience so that I can fully understand what is included in the transfer and my specific obligations. Yours Very Sincerely, Albert Isaacs President AI/sb Commissioner Smith moved to table same. Seconded by Commissioner Yancey and carried. The City Manager reported that due to increased costs for landfill fees and equipment notes for new packers, the refuse rate needs to be increased from the present $7.25 to $8.50, for a two year period. On recommendation of the City Manager, Commissioner Smith moved to authorize the City Attorney to prepare the proper ordinance for same. Seconded by Commissioner Yancey and carried. The City Manager submitted quotes for treatment of drywood termites at the civic Center as follows: Firm Spencer Pest Control Cost $6,990.00 4,800.00 Annua~l ~n_q~pection $699.00 480.00 Jim Rowe Pest Control On recommendation of the City Manager, Commissioner Yancey moved to accept low quote in amount of $4,800.00 from Jim Rowe Pest Control. Seconded by Commissioner Smith and carried. The City Manager reported that the developers of Hidden Lake had deposited ;4,907.03 with the City to guarantee open space for Units II, III, IV, and V, and that they have now given the total park area to the City. On recommendation of the City Manager, Commissioner Smith moved to authorize return of the $4,907.03 bond. Seconded by Commissioner Yancey and carried. The City Manager reported that consideration of amending the requirement for paved parking for 10 spaces or less has been referred to Planning and Zoning Commission, for their recommendation- On recommendation of the City Manager, Commissioner Yancey moved to authorize the Mayor and City Clerk to execute Resolution No. 1354. Seconded by Commissioner Smith and carried, said resolution being in words and figures as follows: RESOLUTION NO- 13~54 WHEREAS, Lake Mary Boulevard is a transportation corridor to the City of sanford and is important for the continued growth of the City, and WHEREAS, Lake Mary Boulevard must be extended eastward from U.S. 17-92 to accommodate said growth along the corridor, and ¥~IEREAS, Lake Mary, sanford, and seminole County conducted a detailed transportation study on the Lake Mary Boulevard Corridor, and WHEREAS, the Lake Mary Boulevard study and sketch plan right-of- way maps were developed under the auspices of Lake M~ry, Sanford, and =~M rpviewed by both the citizen Advisory and Technical 604 MINUTES City Commission, Sanford, Florida ._ June 13 at 7:00 P. M. 1983~ E. The Partnership is financially responsible and fully capable and willing to fulfill its obligations under the Loan Agreement, hereinafter defined, including the obligation to make payments in the amounts and at the times required, to operate, maintain and repair the Project at its own expense and to serve the purposes of the Act and the other responsibilities to be imposed under the Loan Agreement, hereinafter defined, due consideration having been given to the Partnership's net worth, earning trends, coverage of all fixed charges, the nature of the health care industry, its inherent stability, and other factors determinative of the capability of the Partnership, financially and otherwise, to fulfill its obligations consistently with the purposes of the Act. F. The City of Sanford, Florida is able to cope satisfactorily with the impact of the Project and will be able to provide, or cause to be provided when needed, the public facilities, including all utilities and public services, that will be necessary for the construction, operation, repair and maintenance of the Project and on account of any increases in population or other circumstances resulting therefrom. G. Adequate provision is made under the Loan Agreement, hereinafter defined, for the operation, repair and maintenance of the Project at the expense of the Partnership and for the payment of the principal of, premium, if any, and interest on the Series 1983 Bonds when and as the same become due and payable, and for the payment by the Partnership of all other costs incurred by the Issuer in connection with the financing, construction and administration of the Project which are not paid out of the proceeds from the sale of the Series 1983 Bonds or otherwise. H. The costs to be paid from the proceeds of the Series 1983 Bonds shall be costs of a project within the meaning of the Act. The Issuer deems it advisable that a portion of the proceeds from the sale of the Series 1983 Bonds be used to pay interest on the Series 1983 Bonds during the construction of the Project and for a period of approximately two months following completion of construction. I. A negotiated sale of the Series 1983 Bonds, rather than a sale after public bidding, is in the best interests of the Issuer, since (a) the Series 1983 Bonds will be special and limited obligations of the Issuer payable solely out of the revenues derived by the Issuer from the Project and backed solely by the Project and the general credit of the Partnership, (b) the Partnership will be required to pay all costs of the Issuer in connection with the financing, construction and administration of the Project which are not paid out of bond proceeds or otherwise and to operate and maintain the Project at the Partnership's own expense, (c) the costs of issuance of the Series 1983 Bonds, which must be borne directly or indirectly by the Partnership most likely would be greater if the Series 1983 Bonds were sold by public bidding rather than by private negotiated sale, (d) revenue bonds of the nature of the Series 1983 Bonds ' d typically are sold by private negotiate sale rather than by public bidding, (e) the Partnership has conducted negotiations relating to the principal amount, term, and interest rate on the Series 1983 Bonds and has indicated its desire to proceed with the sale of the Series 1983 Bonds on a private negotiated basis rather than by public bidding, (f) the underwriter to whom the bonds will be sold has provided the Issuer with the information required by Section 218.385(4) Florida Statutes, as amended, and (g) authorization of a private negotiated sale of the Series 1983 Bonds is necessary in order to serve the purposes of the Act. J. On May 27, 1983 notice of a public hearing was published in the Sanford Herald, a newspaper of general circulation in the City of Sanford, Florida, which notice was designed to and did apprise residents of the City of Sanford, Florida of the proposed issuance of the Series 1983 Bonds and was published no less than fourteen days before said public hearing. K. On June 13, 1983 a public hearing was the Issuer at City Hall in the City of Sanford, regard to the issuance of the Series 1983 Bonds, hearing was conducted in a manner that provided opportunity for persons with differing views issuance of the Series 1983 Bonds and the location and of the Project to be heard. conducted by Florida with which public a reasonable on both the nature M I T E S City Commission, Sanford, Florida June 13 at 7:00 P. M. 605 1983 SECTION 2. Authorization of Series 1983 Bonds. To provide for the financing of the cost, in whole or in part, of the acquisition, construction, equipping and installation of the Project, there is hereby authorized and the Issuer shall issue, $4,800,000 aggregate principal amount of City of Sanford, Florida First Mortgage Revenue Bonds (Howell Place of Sanford Project) Series 1983. The Series 1983 Bonds shall be dated June 1, 1983 (except as otherwise provided in the Indenture with respect to fully registered Series 1983 Bonds); shall be issuable as coupon Series 1983 Bonds, registrable as to principal only, in the denomination of $5,000 each, or as fully registered Series 1983 Bonds without coupons in the denomination of ~5,000 or any integral multiple thereof; shall bear interest from June 1, 1983 (except that fully registered Series 1983 Bonds authenticated on or after December 1, 1983, shall bear interest from their respective dates) payable semiannually on December 1 and June 1 at the rates and shall mature in the years and amounts set forth below: Coupon Bonds Year of Interest Numbered Maturity Amount Rate 1-6 1985 ~ 30,000 7-12 1986 30,000 13-19 1987 35,000 20-26 1988 35,000 27-34 1989 40,000 35-43 1990 45,000 44-53 1991 50,000 54-63 1992 50,000 64-74 1993 55,000 75-86 1994 60,000 87-286 2003 1,000,000 287-960 2013 3,370,000 8.00% 8.25 8.50 8.75 9 00 9 25 9 50 1000 10 50 11 75 12 00 13.25 The Series 1983 Bonds shall be subject to redemption prior to maturity in the manner and with the effect provided in the Indenture, hereinafter defined, and the forms, terms and provisions of the Series 1983 Bonds and the provisions for the execution, authentication, payment, registration, transfer and exchange shall be as set forth in the Indenture, hereinafter defined. SECTION 3. Authorization of the Loan of the Bond Proceeds and the Project. The loan of the proceeds of the sale of the Series 1983 Bonds to the Partnership, as provided in the Agreement, hereinafter defined, to finance the acquisition, construction, equipping and installation of the Project is hereby authorized. SECTION 4. Repayment of Series 1983 Bonds; Limited Obligations. The principal of, premium, if any, and interest on the Series 1983 Bonds shall be secured to the extent provided in the Indenture and the Mortgage, both as hereinafter defined, and shall be payable solely from the revenues and proceeds to be derived by the Issuer from the Partnership pursuant to the Agreement, hereinafter defined (except to the extent payable from the proceeds of the Series 1983 Bonds, income from the temporary investment thereof, and, under certain circumstances, the proceeds of insurance and condemnation awards). The Series 1983 Bonds shall not be deemed to constitute a debt, liability or obligation of the Issuer, the State of Florida or any political subdivision thereof, but shall be payable solely as described hereinabove. SECTION 5. Authorization of Execution and Delivery of Indenture. The Mayor or Acting Mayor and the Deputy Clerk of the Issuer are hereby authorized and directed to execute and deliver, simultaneously with the execution and delivery of the Series 1983 Bonds, the Indenture of Trust dated as of June 1, 1983 (the "Indenture"), in substantially the form now before the Issuer, with such changes, insertions and omissions as may be approved by the Mayor or Acting Mayor of the Issuer, whose execution thereof will be conclusive evidence of such approval. SECTION 6. Authorization of Execution and Delivery of Mortgage. The Mayor or Acting Mayor and the Deputy Clerk of the Issuer are hereby authorized and directed to execute and deliver, simultaneously with the execution and delivery of the Series 1983 Bonds, the Mortgage and Security Agreement dated as of June 1, 1983 (the "Mortgage"), in substantially the form now before the Issuer, with such changes, insertions and omissions as may be approved by the Mayor or Acting Mayor of the Issuer, whose execution thereof will be conclusive evidence of such approval. 606 MINUTES City Commission, Sanford, Florida June 13 at 7:00 P. M. 19 83 SECTION 7. Authorization of Execution and Delivery of Agreement. The Mayor or Acting Mayor and the Deputy Clerk of the Issuer are hereby authorized and directed to execute and deliver, simultaneously with the execution and delivery of the Series 1983 Bonds, the Loan Agreement dated as of June 1, 1983 (the "Agreement"), in substantially the form now before the Issuer, with such changes, insertions and omissions as may be approved by the Mayor or Acting Mayor of the Issuer, whose execution thereof will be conclusive evidence of such approval. SECTION 8. Privately Negotiated Sale of Series 1983 Bonds. A privately negotiated sale of the Series 1983 Bonds to J. Milton Newton, Incorporated and W. N. Estes & Co., Inc. (collectively, the "Underwriters"), rather than a sale by public bidding, is hereby authorized. The sale of the Series 1983 Bonds by the Issuer to the Underwriters shall be made pursuant to the Bond Purchase Agreement (the "Bond Purchase Agreement"), in substantially the form now before the Issuer, with such changes, insertions and omissions as may be approved by the Mayor or Acting Mayor of the Issuer, whose execution thereof shall be conclusive evidence of such approval. SECTION 9. Authorization of Execution and Delivery of Series 1983 Bonds. The Series 1983 Bonds shall be executed by the manual or facsimile signature of the Mayor of the Issuer and attested to by the manual or facsimile signature of the City Clerk of the Issuer; provided that at least one signature shall be a manual signature. A facsimile of the corporate seal of the Issuer shall be duly impressed, imprinted or lithographed on each of the Series 1983 Bonds, with each coupon of the coupon Series 1983 Bonds to be executed by the facsimile signature of the Mayor of the Issuer. SECTION 10. Authorization of Official Statement. The Underwriters are authorized to prepare and distribute a Preliminary Official Statement and a final Official Statement for use in connection with the issuance and sale of the Series 1983 Bonds, both in substantially the form of the Preliminary Official Statement now before the Issuer, with such changes, insertions and omissions as may be approved by the Mayor or Acting Mayor of the Issuer, whose execution of the final Official Statement will be conclusive evidence of such approval. SECTION 11. Appointment of Trustee. Barnett Banks Trust Company, N.A., Jacksonville, Florida is hereby designated Trustee, Registrar and Paying Agent for the Series 1983 Bonds under the Indenture. The Trustee is hereby requested to authenticate and deliver the Series 1983 Bonds, with all unmatured coupons attached, to the Underwriters upon the payment by such Underwriters to the Trustee of the purchase price therefor as specified in the Bond Purchase Agreement. SECTION 12. Authorization of Execution of Other Documents. The Mayor, or in his absence, the Acting Mayor, and the City Clerk, or in his absence, the Deputy Clerk, of the Issuer are hereby further authorized, empowered and directed, either jointly or individually, to do all such acts and things and to execute all such documents and certificates on behalf of the Issuer as may be necessary to conclude and close the issuance and delivery of the Series 1983 Bonds. SECTION 13. No Personal Liability. No covenant, obligation or agreement herein contained or contained in the Indenture, the Agreement or the Mortgage shall be deemed to be a covenant, obligation or agreement of any official, member, agent or employee of the Issuer in his individual capacity, and no such official, member, agent or employee of the Issuer shall be personally liable on the Series 1983 Bonds or be subject to personal liability or accountability by reason of the issuance thereof. SECTION 14. Severability of Invalid Provisions. If any one or more of the covenants, agreements or provisiuns herein contained shall be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be deemed null and void and shall be deemed separable from the remaining covenants, agreements and provisions hereof and shall in no way affect the validity of any of the other provisions hereof or of the Series 1983 Bonds and coupons issued hereunder. 607 MINUTES City Commission, Sanford, Florida June 13 at 7:00 P. SECTION 15. Repeal of Conflicting Resolutions- Ail resolutions or pares thereof of the Issuer in conflict with the provisions herein contained are, to the extent of such conflict, hereby superseded and repealed. SECTION 16. Effective Date. This resolution shall take effect immediately u--pon its adoption- Adopted this 13th day of June, 1983. cITY OF sANFORD, FLORIDA Actxng Y~ ~/ (sEAL) Attest: Deputy Clerk 19 83 On recommendation of the City Manager, Commissioner Yancey moved to authorize ~alary reclassification for Gregory A. McIntyre, utility Department, from Foreman C to 116,255.42 annual. Seconded by Commissioner Smith and carried. Memo submitted from the Building official to the City Manager, as follows: Dw MEMORANDUM DATE: TO: FROM: SUBJECT: June 10, 1983 City Manager Building official Expiration of Terms The following terms will expire June 30, 1983. The members have been contacted and will be willing to serve if reappointed. planning & Zoning Board - 3-yr. term Gary L. Davidson Darrell Grieme P.O. Box 88 1200 W. 20th St. Code Enforcement Board - ~-¥r. term ** Edward Korgan B. C. "Cal" conklin Gary winn /dh 2408 Orange Ave. P.O. Drawer 1976 ** Mr. Korgan is no longer associated with real estate and feels this may make him ineligible to serve on the board. If a replacement is appointed for Mr. Korgan, the initial term would be for 2 years. 608 MINUTES City Comrnission, Sanford, Florida June 13 at 7:00 19 83 Commissioner Smith moved to re-appoint Gary L. Davidson and Darrell Grieme to the Planning and Zoning Commission for three year terms beginning July 1, 1983. Seconded by Commissioner Yancey and carried. The matter, he still has the expertise re-appoint Edward Korgan and B. C. year terms beginning July 1, 1983. as The follows: Seconded by Commissioner Smith and carried. Commission authorized the Mayor and City Clerk to execute Resolution City Manager reported that Edward Korgan having a different job does not in the real estate field. Commissioner Yancey moved "Cal" Conklin to the Code Enforcement Board for three to No. 1355, RESOLUTION NO. 1355 A RESOLUTION OF THE CITY OF SANFORD, FLORIDA COMMENDING COACH LARRY CASTLE AND THE SEMINOLE COMMUNITY COLLEGE TENNIS TEAM FOR THEIR EXTRAORDINARy EFFORTS AND ACCOM- PLISHF~ENTS. WHEREAs, In ~982 the Seminole Community College tennis team, under the direction of Coach Larry Castle, Won the National JUCO Champion- ship; and WHEREAS, said title was the first national Championship of any kind won by Seminole Community College; and WHEREAS, Larry Castle coached the team to an unprecedented second consecutive National JUCO Championship in 1983; and WHEREAS, Coach Castle and his team have brought recognition and esteem to Seminole Community College and the area which it serves; and WHEREAS, their extraordinary efforts and accomplishments deserve public recognition and acclaim. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COM}{ISSION'OF THE CITY OF SANFORD, FLORIDA, that the City Commission of the City of Sanford, hereby acknowledges and commends Coach Larry Castle and the Seminole Community College tennis team and hereby expresses its sincere gratitude and appreciation for their extraordinary efforts and accomplishments in Winning the National JUCO Championship two consecutive years. BE IT FURTHER RESOLVED that a copy of this Resolution be pre- sented to Coach Castle and that a copy of same be entered in the minutes of the proceedings of the City Commission of the City of Sanford, Florida. MINUTES City Commission, Sanford, Florida June 13 at 7:00 P. M. 609 19 83 THIS RESOLUTION adopted this 13th day of A.D., 1983. June , ATTEST: DEPUTY CITY CLERK MAYOR There being no further business, the meeting was adjourned. MAYOR ATTEST: city c~ js