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082241 (2) MINUTES CITY COMMISSION, SANFORD, 2.9.¸ at The City the City Hall in the City of Sanford, Florida, at 2:00 o'clock P.~. Present: Commissioner W.C.Hilt, Mayor " H. James Gut # Edward Higgins , M.J.Lodge " G.E.Rollins Assistant City Attorney H.M.Watson City Clerk H N Bayer Meeting called to order by the Chairman. Commissioner Commission of the City of Sanford, Florida, met in adjourned session August 22, 1941 Higgins next introduced Resolution No. 612 and after being read in full by the Clerk, moved its passage and adoption. Seconded by Commissioner Gut and carried by the Commissioner Hill Aye " Gut Aye " Higgins Aye " Lodge Aye " Rollins Aye said Resolution No. 612 being in words and figures as RESOLUTION NO. 612 following vote of the Commission: follows: A RESOLUTION OF THE CIT~ COMMISSION OF T~E CITY OF SANFORD FLORIDA AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE CERTAIN PROMISSORY NO~ES AS EVIDENCE~OF THE INDEBTEDNESS OF THE CITY FOR THE BALANCE OF THE PURCHASE PRICE OF CERTAIN LANDS PURCHASED BY THE CITY AS A PART OF THE AIR PORT OR LANDING FIELD BEING ESTABLISHED BY THE CITY. WHEREAS, the City of Sanford purchased from Mrs. Eve Taylor on or about February 2?th. 1941, the following described lot, piece or parcel of land ~ltuate in Seminole County, Florida, to-wit: W 1/2 of S W 1/4 of Section 5 , Township 20 South , Range 31 East. for the sum of $2,000.00 upon which there is a balance due the said Mrs Eva Taylor of $498.89 on the purchase price of said land and the said Mrs. Eva Taylor is willing to accept the promissory note of the City as evidence of the indebtedness of the City for the balance of said purchase price, said note to be dated February 27th.,1941, and to be payable on or before February 27th. at six per cent per annum; and, WHEREAS, the City of Sanford, Florida, 1942, with interest from date thereof purchased of and from C.W.Goodrlch the following described land situate in Seminole County, Florida, as a part of the air- port or landing field being established by the City, to-wit: N.W. lf4 of N E 1/4 ( Less E. 270 fi) and N E 1/4 of N W 1/4 (Lying E. of Mellonville Ave.) ( Less Beg at the intersection of Mellonville Ave. with the center of Seneve Avenue in Section 6, Township 20, Range 31 and run South 32~.16 ft., thence East 32S.16 ft. thence north to a point 328.16 ft. east of beginning, thence west to beginning ) all of the above described lands in Section 6, Township 20, Range 31. at and for the sum of $95S.75 upon which purchase price there is a balance of $733.~5 due and the said C.W. Goodrich is willing to accept the note of the City as evidence of the City's indebtedness for the balance of seid purchase price, said note to be dated August 22nd. 1941, and payable at the rate of $50.00 per month with interest from date thereof at the rate of four ocr cent per annum on the balance of the purchase price remaining from time to time unpaid and the City Commission deems it expedient, advisable and for ~he best interest of the City for the City to execute MINUTES CITY COMMISSION, SANFORD, FLORIDA~ 19 and to execute and deliver to the said C.W. Goodrich the note of the City for the sum of $?33.?5, to be dated and payable with interest as aforesaid: NOW, THEREFORE, BE IT RESOLVED that the Mayor and the City Clerk be, and they are hereby authorized and directed to execute and deliver to the ~aid Mrs. Eva Taylor the promissory note of the City in the principal sum of $498 89,' dated February 27th,1941, and payable on or before February 27th.,1942, with interest from date thereof at the rate of six per cent per annum and that the Mayor and City Clerk do execute and deliver to the said C.W.Goodrich the promissory note of the City for the principal sum of $733.75, dated August 22nd, 1941, payable at the rate of $50.00 per month beginning September ?2nd.,1941, with interest at four per cent per annum from date thereof upon the principal sum remaining from time to time unoaid. that this Resolution sh~lt become effective immediately BE IT FURTHER RESOLVED upon its passage and adoption. PASSED AND ADOPTED this Attest: H N Sayer City Clerk. 22nd. day of August, 1941. W,C.Hill May o r. ~.E.Rollins ~.J.Lodge ~.James Gut ~dward Hi,gins As the City Commission of the City of Sanford, Florida. (Seal) The following communication next read from the Civil Aeronautics Administration inclosing three copies of a proposed resolution constituting Sanford's municipal airport operation agreement required to be entered into by the City of Sanford, Florida, as sponsor of a CAA Airport Project, which was also read in full at this time. CAA form AP-B ( ev. DEPARTMENT OF COMMERCE Civil Aeronautics Administration P.O.Box 432? Atlanta , Georgia August 4, 1951. W.C.Hill, Esquire Mayor Sanford, Florida. Dear Sir: Pursuant to the terms of the Department of Commerce Appropriation Act, 1942 (Public Law 135, 77th Congress, Title II), the Administrator of Civil Aeronautics, with the approval of a Board composed of the Secretaries of War, Navy, and CommerCe, has designated as necessary for national defense a project for development of the Sanford Municipal Airport, Docket No S-904-8-35, and has tentatively allocated for this project the sum of $215,000. As now proposed, this project contemplates the following development: ($67,000 WPA non-labor allocation ): Non-labor allocation to clear, NE-BW and NW-BE landing strips area. ($148,OO0 Contract): grade, drain, muck and sod 500' x 4200' and fence field Pave NE-aW and NW-SE runways 100' x 4000'; pave taxiways and install basic lighting. As a condition precedent to release and oneration of this project, the Administrator requires that it be sponsored by a public agency having title in fee simple, free of all liens and encumbrances, to the landing area of the airport and the lands to be improved under the project, and that such soonsor enter into an agreement with the United States in the manner and form of the resolution form enclosed herewith. It is the purpose of this letter to inquire whether the City of Sanford desires and miNUTES CitY COMMISSION, SANFORD, FLORIDA, A ...... ~..~.~ .t. ~: .... ~ M 1941 resolution would not obligate either the City of Sanford or the United States since, by its terms, such agreement would become binding only upon the award of a construction contract for any portion of the ~roJect or the inau~}ration of any portion of the nroJect under force account. It will be noted that a form of certificate is annexed to the resolution form, to be executed by the chief legal officer of the City of Sanford and attached to the executed resolution as Exhibit A. This certificate must be executed and delivered by your governing body before the. adoption of the resolution. If the City of Sanford. has no legal officer, an attorney should be designated by aoproprSa~e action of your gowernin~ body to perform the services mentioned in Section 2 (f) of the resolution form, In such event, the attorney's certificate should set forth the source of his authority. It will also be noted that this certificate of the chief legal officer is to have aa an attachment a sketch showing the lands to be improved under the nroJect and those comprising the nresent landing area of the Airport. which sketch is also to be attached to the executed-resolution as hart of Exhibit A. This sketch should be to scale and should show sufficient section lines, property lines, monuments , natural features, existing airport facilities, proposed improvements, and other information to permit identificatl6n of the exact l~nds in question. It is suggested that this off'ce be consulted aa to the sufficiency of this sketch orior to adootion of the resolution. The sketch should be of letterhead size, approximately 8" x 10~". If for any reason it is impOssible to adopt a resolution exactly in the form of that enclosed, this office should be consulted in an effort to reach an agreement to a revision or modification which would be satisfactory to the Administrator. Enols. Respectfully, R.C.Copeland Regional Manager. Thereupon , pursuant to the foregoing requirements of the Civil Aeronautics Administration, and the nrovisions of the proposed resolution enclosed therewith, Assistant City Attorney Watson next delivered the following duly executed Legal Certificate, designated as Exhibit "A". CAA Form AP-4 (Rev.7/S/41 EXHIBIT A CERTIFICATE OF ASSITANT CITY ATTORNEY (Chief Legal Officer) I H.M.WATSON, the duly appointed and qualified A~S~T ATTOBNEM of the (~ame) (Title) CITY OF SANFORD, FLORIDA, having read the proposed resolution heretofore submitted to (Public Agency) the CITY OF SANFORD, FLORIDA by the Administrator of Civil Aernonautics, the (Public Agency) adoption of which ia required as a condition precedent to the development of the SANFORD MUNICIPAL Airport, do hereby certify: (Name of Airport) 1 That the CITY OF SANFORD, FLORIDA, had title in fee simple to all the (Public Agency) lands comprising the landing area of said Airport, and to all the lands to be improved under the Project mentioned in said resolution, which lands are shown on the attached sketch, and that said lands are held free from any lien or encumbrance. 2. That the C. ITY OF SANFORD,FLORIDA has the power to adopt said resolution ( public agency) and to perform all of the covenants and conditions contained therein. 3. That there is no pending or threatened litigation or other legal proceeding which might adversely affect the prosecution of said Project, the operation of said Airport, or the performance of any of the covenants contained in said resolution. MINUTES CITY COMMISSION, SANFORD, FLORIDA, August ~ at 2 P M 19 ~-i Commissioner Higgtns next introduced Resolution No. 613, entitled: RESOLUTION CONBTITUTING AGREEMENT WITH THE UNITED STATES RELATIVE TO OPERATION AND MAINTENANCE OF THE BANFORD MUNICIPAL AIP~ORT. and same was read in full by the Clerk. Thereupon Commissioner Hlggins moved the passage and adoption of said Resolution No. 613. Seconded by Commissioner Lodge and carried by the following vote of the Commission: Commissioner Hill Aye # Gut Aye " Higgins Aye " Lodge Aye "" Rollins Aye Thereupon the Chsirman announced that the City Commission of the City of Sanford, Florida had passed and adopted said Resolution No. 613, entitled: RESOLUTION CONSTITUTING AGREEMENT WITH THE UNITED BTATEB RELATIVE TO OPERATION AND MAINTENANCE OF THE SANFORD MUNICIPAL AIRPORT. said Resolution No. 613 being in words and figures as follows: RESOLUTION NO. 613. RESOLUTION CONSTITUTING AGREEMENT WITH THE UNITED STATES RELATIVE TO OPERATION AND MAINTENANCE OF the SANFORD MUNICIPAL AIRPORT. (Name of Airport) called the called the and WHEREAS, of Commerce ( hereinafter referred to as" Administrator"), acting pursuant to the terms of the Department of Commerce Appropriation Act, 19421Public Law, 135, ?7th. Congress, Title II), has designated as necessary for national defense a project ( "Project") for development of the BANFORD MUNICIPAL Airport ( herein ( Name of Alroor) "Airport"), which project is identified as S-904-8-35, the Administrator of Civil Aeronautics of the United States Department WHEREAS, as a condition precedent to release and oneration of the Project, the Administrator requires that the CITY OF SANFORD, FLORIDA ( herein called the '( Public Agency) "CITY" have title in fee simple to the landing area of the Airport and the lands be improved under the Project end enter into an agreement with the United States (herein called the "Government") , in the WHEREAS, the CITY ~s legally, ( Public Agency) into such an agreement and desires to avail the Project; manner and form hereof; and financially, and otherwise able to enter itself of the benefits of prosecution of Section 1. herein to That for and in consideration of development of the Airport by the Government as contemplated by the Project, agree with the Government as follows: (a) The Government shall have the the CITY does hereby covenant and (Ipllbf~y) right to develop the Airport as it sees fit, including the right to determine the exact nature of the improvements to be made under the Project, the manner in which the Project is to be conducted, the amount of Federsl funds to be expended, and all other matters relating to the Project. The CITY ( Public Agency) will cooperate with the Government to ensure prosecution of the Project without inter- ference or hindrance, and agrees to permit the agents and employees of the Government, and all persons authorized by the AdministratOr, to enter upon, use, and occupy the NOW, THEREFORE, BE IT RESOLVED BY THE CITY COI~ISSION of the CITY : (~overning'Body) (Public Agency MINUTES City COMMISSION, SANFORD, FLORIDA, August 22 at 2 P M 19. ~l from any and all claims and damages which may the carrying out of performed pursuant Government. arise from or in connection with the Project, exceotlng claims for materials furnished or work to authority given by officers, employees , or agents of the (c) It is understood and agreed that all improvements made under the Project shall be the sole and absolute property of the CITY I ,~C~t (Public Agency) except where specifically agreed otherwise, in writing, prior to the undertaking of the improvement or installation in question. (d) Th@ CITY agrees that, continuously during the term of this agreement, ( public agency) the Airport will be operated, ae such, and for no other purpose, and that unless utilized exclusively for military purposes, it will at all tlme~ be operated for the use and benefit of the public, on reasonable terms and without unjust discrimination, and without grant or exercise of any exclusive right for use of the Airport within the mean~ of section 303 of the Civil Aeronautics Act of 1938. (e) The iiiCITY agrees that it ~111 at all times during the term of this agreement maintain in good and serviceable condition and repair the entire landing area of the Airport and all improvements, facilities, and equipment which have been or may be made, constructed, or installed with Federal aid, including all improvements made under the Project, other than facilities and equipment owned by the Government. (f) Insofar as is within its powers and reasonably possible, the CITY (Public Agency) will prevent any use of land either within or outside the boundaries of the Airport, including the construction, erection, alteration, or growth, of any structure or other object thereon, which would be a hazard to the landing,, taking-off, or maneuvering of aircraft at the Airport, or otherwise limit its usefulness as an airport. (g) In order to protect the rights and interests of the Government under this resolution, the CITY agrees that it will not enter into any transaction which (Public Agency) would operate to deprive it of any of the rights and cowers necessary to perform any or all of the covenants mede herein, unless by such transaction the obligation to perform all such covenants is assumed by another public agency. SECtion 2. That the CITY does hereby warrant and represent to the Government (Public Agency) as follows: (a) That the City has title in fee simple to all the lands comprising the (Public Agency) landing area of the Airport and to all lands to be improved under the Project, which lands are shown on the sketch attached hereto as cart of Exhibit A, and that said lands are held feee from any lien or encumbrance; (b) That th~ CITY has the power and authority to adopt this resolution (Public Agency) and to perform all of the covenants contained therein; (c) That the CITY is financially and practically able to perform all of (P bi c Ag the covenants conta~ne~ in ~{ resolution ; (d) That there is no pending or threatened litigation or other legal proceeding, and no material and relevant fact, which might adversely affect the prose- cution of the Project, the operation of the AirDort, or the performance of any of the which has not been brought to the attention of the CITY has complied with all requirements (Public Agency) covenants contained in this resolution, of the Administrator; (e) That the CITY COMMISSION (Governing Body) ~g o MINUTES CiTY COMMISSION, SANFORD, FLORIDA, A~_,~,,S~ 77 P M 19 Lt (f) That such of the above representations and warranties as involve questions of law are made upon the advice of the ASSISTANT CITY ATTORNEY of the (Chief Leg~ Officer) City , whose certificate as to such matters has been orevtously delivered to the (Public Agency) CITY COMMISSION and is annexed hereto and made a part hereof, as Exhibit A (Governing Body) Section 3- That CITY ATTORNEY and MAYOR be and they are authorized to (Chief Leg~ficer) (Other Officer) furnish the Administrst~ such legal and factural information relative to the Airport, the Project, and this resolution as he may reasonably request. BECTION 4-. That Sections 1 and 2 of this resolution shall become effective upon the award of any construction contract for any portion of the oroJec~ or the inauguration of any portion of the Project under force account, and shell continue in full force and effect during the useful life of ~he improvement made under the Project. SECTION 5- That two certified copies of this resolution be sent forthwith to the AdministratSr, through the Regional Manager of Civil Aeronautics , P.O.Box $32~, Atlanta, Georgia. PASSED AND ADOPTED this 22nd. day of August , 1951. WE approve of the adoption of the foregoing resolution. W.C.Hill (Signature of Chief Executive Mayor offic M.J. LodEs Edward Higgins H.James Gut G.E.Rollins ATTEST : As the City Commission of the City of Sanford, Florida. H.N.Sayer Ctty~lerk. (Seal) In response to the City's aoolication authorized at the meeting of July 21,19Q1, to the Florida State Bank of Sanford, for a loan in amoun~ of $10,OOO.OO to be used for general ooerating expenses of the City, the Chairman next reoorted that said bank had declined to grant the City the loan requested. Thereupon Commissioner Higgins moved that the Mayor be authorized and directed to apply ~o the First State B~nk of DeLand, DeLand,Florida, for a lo~n of $5,000.O0 9o be used for general operating e×oenses of the City, said loan to be repaid in eight quarterly installments of $625.00 each, with interest at rate of four oer cent per annum, the first installment to become due on January 1, 1~$2, Seconded by Commissioner Gut and carried. Request ne×t received from ~rs. M.b/ Futch for an adjustment of the assessed valuatio~ in amoun~ of $1,280.OO against Lot ! Block 9 , Bel-Air, and $1,250.O0 ag~ine~ Lot 2 Block 9 , Bel-Air for years 1935 thru 19~0, claiming that the assessments are too high. Thereuoon after careful comoarison of the assessed valuations of ~he oroDerty with similar properties similarly located, ~t was the opinion of the Commission MINUTES CITY COMMISSION, SANFORD, FLORIDA, Au~us~ 22 at 2 ~ , 19 41 3'5 Lots 1 and 2 Block 9 Bel-Air, foreclosure proceedings having been instituted by the City against this proDerty for the collection of these tsxes. Thereuoon the Commission Ersnted Mrs. Yutch an extension of 90 days to caY the balance of the aforesaid taxes and caving a~sessments, orov[ded the sum of $400.00 oald on account of such taxes at this time. There being no further business the meeting adjourned. May-~r. - is