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012328-Regular MeetingCITY COMMISSION, SANFORD, FLORIDA~ MINUTES Regular Meeting January 23 at 2:(~ P M 19 28 The City Commission of the City of Sanford, Florida met in regular session at the City Hall in Sanford, Florida on the 23rd day of January A.D.1928 Present: Commissioners E F Housholder, Mayor. " S 0 Chase " Frank L Miller City Manager, W B Williams City Engineer, Fred T Williams City Clerk, L R Philips City Attorney, George A DeCottes. The meeting was called to order by the 0hairman and the Clerk read the minutes of meet- ings held on January 6,9,11,12,13,17,19 and 2Oth, which were approved. Mr Miller, President of Sanford Grove, Inc. appeared before the Commission stating that his Company had been greatly embarrassed and were paying City Taxes for improvements which Mr Lake had promised that his subdivision would be given, which promise had not been kept by the City, He war informed by the Chairman that at the present time it would be impossible for the City to extend these improvements through his property, but that the matter would be referred to the City Attorney and if possible something would be done toward giving his Company some relief in the payment of these taxes. Mr Gill of the Florida Power & Light Company appeared before the Commission present- ing an ordinance to be adopted by the Commission granting to the Florida Power & Light 0ompany a franchise. Commissioner Miller stated that he had an opinion of an an attorney in connection with the ordinance which he requested and which was ordered spread Loon the min- utes, in words and figures as follows: Mr Frank L Miller Sanford, Florida. "January 21, 1928 Dear Sir: At your request I beg to advise that in my opinion the granting of the franchise a copy of which is attached, by the City of Sanford, Seminole County , Florida, would not give to the grantee therein named, Florida Power & Light Company, an exclusive franchise for the purposes therein stated, for the following reasons, to-wit: 1. Because the same on its face does not purport to be or call for an exclusive fran- chise. 2. Because a municipality has no power to grant an exclusive franchise to a public ser- vice corporation, unless the power so to do has been delegated to it by the l~gislature either expressly or by necessary implication, and after an exhaustive search of the powers and authorities of the City of Sanford as contained in all the general and special laws and acts of the legislature of the State of Florida ( excluding only the Special Acts of the legis- lature of 1927 which have not yet been printed for distribution and which are not available to me), I find no express delegation from such legislature to said city of authority to .grant an exclusive franchise for the purposes stated in the attached copy, and neither in my opinion do any of the various powers which have'been delegated to and conferred Loon the City of Sanford by the aforementioned general and special laws and acts give such city such power by necessary implication. Yours very truly, CDL/mel Gary D Landis." Commissioner S 0 Chase introduced Ordinance No. 150, entitled: AN ORDINANCE GRANTING TO FLORIDA POWER & LIGHT OO~YdOANY, ITS~SUCOESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE, OR FRANCHISE FOR THE PERIOD OF THIRTY YEARS, TO CONSTRUCT, E~INTAIN AND OPERATE IN, UNDER,UPON, OVER AND ACROSS THE PRESENT AND FUTURE STREETS, AVENUES, ALLEYS, HIGHWAYS, BRIDGES, EASEMENTS AND OTHER PUBLIC PLACES IN THE CITY OF SANFORD FLORIDA, END ITS SUCCESSORS ELECTRIC LIGHT AND POWER LINES, TOGETHER WITH ALL THE ~ECESSARY OR DESIRABL~ APPURTENM~CES, MINUTES CiTY COMMISSION, SANFORD, FLORIDA. Resmlaz Meeting January 23rd. 19 ' Thereupon Commissioner S 0 Chase moved that the rules be waived and that said ordinance be read in full and placed upon its final passage. Thereupon the motion recurred upon the question of the waiver of the rules. The roll was ordered called and those voting in favor of the waiver of the rules were: S 0 Chase, Aye Frank L Niller - Aye E F Housholder - Aye Thereupon said ordinance no. 150 was readiin full and placed upon its final passage and adoption. Those voting for the adoption of Ordinance No. 150 being: S O Chase - Aye Frank L Miller - Aye e E F Housholder - Aye Thereupon, the Chairman announced that the City Commission of the City of Sanford, Florid~ by unanimous vote had passed and adopted Ordinance No. 150 entitled: "AN ORDINANCE GRANTING TO FLORIDA POWER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT PRIVILEGE, OR FRANCHISE FOR THE PERIOD OF THIRTY YEARS, TO CONSTRUCT, MAINTAIN AND OPERATE IN, UNDER, UPON, OVER AND ACROSS THE PRESENT AND FUTURE STREETS; AVENUES, ALLEYS, HIGHWAYS, BRIDGES, EASENENTS AND OTHER PUBLIC PLACES IN THE CITY OF SANFORD , FLORIDA, AND ITS SUCCESSORS1 ELECTRIC LIGHT AND PO~ER LINES, TOGETHER WITH ALL THE NECESSARY OR DESIRABLE APPURTENANCES FOR TME PURPOSE OF ~UPPLYING ELECTRICITY TO SAID CITY, AND ITS SUCCESSORS, the INHABITANTS THEREOF~ AND TO PERSONS AND'CORPORATIONS BEYOND THE LINITS THEREOF, fOR LIGHT, HEAT, POWER AND OTHER PURPOSES, AND IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO:" The City Attorney stated that he had discussed the sale of the gas plant with attorneys in New York~City and that they were of the opinion that it would be well fOr the City to dis- pose of the gas plant. ~r Gill promised that he would have his auditor and an engineer make a survey and study of the gas plant and as soon as this s~udy was completed he would confer wit~ the 0ommission to ascertain if some satisfactory arrangement could be made for the purchase of~ the gas plant from the City by the Florida Power & Light Company. Commissioner Miller offered ~he following resolution, which was unanimously adopted, to-wit: Resolution 6367. WHEREAS, heretofore a resolution was adopted providing for the lssm~nce of a certificate of deposit in the sum of Twenty-five Thousand ( $25,000.00) Dollars in the mame of the City of Sanford, Florida, from funds of the City of Sanford, Florida on deposit at the Sanford Atlantic National Bank, said certificate of deposit to be held by the Sanford Atlantic Nationa~ Bank as agent for the City of Sanford, Florida, and any surety company becoming surety on any judicial bond of the City of Sanford, Florida in connection with the litigation between the City of Sanford, Florida and the Chase National Bank of the City of New York, and, WHEREAS, suit has been instituted by the City of Sanford, Florida against The Chase National Bank of the City of New York, and, WHEREAS , the United States Fidelity & Guaranty Company became surety ~n an inJunctional bond in the sum of Twenty-five Thousand ( 25,000.00) DollArs and did not require c~tateral security by way of indemnification of the City of S~uford, Florida, THEREFORE, BE IT RESOLVED, that a copy of this resolution be furnished to the Atlantic National Bank with directions to the President of said Bank to convert said certificate of deposit into cash and deposit the proceeds thereof to the interest account of the City of Sanford, Florida, and CITY COMMISSION, SANFORD, FLORIDA, MINUTES Regular meeting January 23 Attest: L P~hilips Clerk (Seal) E F Housholder S 0 Chase Frank L Niller City Commission of the Oi'ty Of Sanford, Florida. Communication from Dr. C W Baker requesting permission to use Lot 39 Holden Real Estate Co. Addition for certain private purposes, and after discussion action on this matter was deferred. Communication from Edward Higgine Inc. submitting a claim against the Hutton Construction Co. was read and ordered filed with other similar claims. Communication from Continental Casualty Co. by E N Einey, Adjustor, Re: Bond ~39136 Hutton Construction Co. was read and referred to Nr S G Gray of the Auditing Department for attention and reply. Current bills and salaries as vouchered by the Accounting Department were submitted duly examined, approved and the Clerk authorized to draw checks in payment of same. Meeting the adjourned to meet February let. Attest: City Clerk. 1928 ~ -- ~ 'M~yor.