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102245-Regular Session
.20 . mINUTES CITy COMMISSION, SANFORD, FLORIDA, Octob'er 22 at The City Commission of the City of Sanford, Florida, met in regular session at the City Hall in the City of Sanford, Florida, at 7:30 O' clock P.M. October 22, 1945. Present: Commissioner Edward Higgins, Mayor. " Geo. D. Bi shop " H. James Gut' " W.C.Hill " M.J. Lodge City Attorney Fred. R. Wilson City Clerk H.N.Sayer Chief of Police, R.G.Witliams Meeting called to order by the Chairman. Minutes of regular meeting of September 24, and adjourned meeting of September 27,1945, next read and approved. Application next received from J.H.Tillis for permit to sell liquors in packages, to be consumed off premises, at southwest corner of Thirteenth St. and Elm Avenues, or any other location available. Application denied because of the provisions of Ordinance No. 359, limiting one permit and license to each 1500 persons in the City of Sanford. Application next re~eived from Samuel J.Austin ~or permit to sell beer and wines at 901 Pecan Avenue, and same was denied because of this location being in residential section. Applicati. on next received from the Atlantic & Pacific Tea Company, .for permit to sell beer and wines at 200 Magnolia Avenue and on recommendation of Chief of Police Williams, same was approved. Application next received from Alton Burke for permit to operate a taxi-cab, and on recommendation of Chief of Police Williams, same was granted. Report of October analysis of milk from all dairies operating in Sanford, as prepared by Dr. L.R. Scribner's Laboratories at Orlando, next presented, such report showing all such milk within the requirements of "Grade A Milk." The following bid next received for renewing the subscriptions for one year to 50 magazines and periodicals for the Municipal Library: Mrs Mary L. Strong $115. O0 In view of no other bids having been received, Commissioner Hill moved that the bid be awarded to Mrs. Mary L.Strong. Seconded by Commissioner Bishop and carried. On motion of Commissioner Gut, seconded .by Commissioner Bishop and carried, the Commission next approved the purchase of the following machinery and equipment from the U. S. Department of Commerce: 1 Seaman Pulvl-Mixer, powered by Waukesha 6 cul. motor $375.00 1 Huber Ten Ton Roller, powered by Autocar 6 cyl, motor 1, 500.00 1 Domestic Diaphragm Sewer Pump 40.00 On motion of Commissioner Hill~~, seconded by Commissioner Bishop and carried, the Commission next approved the purchase of one. used Garwood Power Take-Off with Hydraulic Dump Lift and Frame from Stokes Padgett at price of $Y5.O0. On motion of Commissioner Gut, seconded by Commissioner Bishop and carried, MINUTES CiTY COMMISSION, SANFORD, FLORIDa. 00tober 22 ~t 7,'~0 'P M 19 45 the Commission next approved the employment of Sara Warren Easterby at a salary of $150.00 per month to fill vacancy created by resignation of Charlotte Smith. On motion duly carried, the Commission next approved the employment of Mrs Nell Stripling as Clerk in the City Clerk's office at a salary of $115.00 per month, to fill vacancy created by resignation of Mrs Leila Clark. On motion duly carried, the Commission next approved the temporary employment of W.E. Jamison as assistant engineer at the Water Plant at salary of $150.00 per month, to fill the vacancy created by resignation of O.R.Smith. The Clerk next reported that the Civil Service Commission had employed N.O. Garner as officer clerk at a salary of $25.00 per month, and on motion duly adopted, same was approved. Chief of Police Williams next reported that he had suspended police officer J.B. Smith from his duties as Lieutenant in the Police Department, effective as of October ll, 1945, and same was approved by the Commission. Further consideration next given to request of Holler Motor Company and Campbell's Feed & Seed Store for the four discontinued w~l. teway street lights in the 200 block on W. First Street be lighted. Thereupon after careful consideration, Commissioner Bishop moved that the Florida Power & Light Company be authorized and directed to place the aforesaid whiteway street lights in operation with 2500 lumen lamps and to connect same to the whlteway street lighting circuits. Seconded by Commissioner Gut and carried. Bill of Lee Samuel in amount of $45.00 for cost of labor furnished in cleaning ditch east of Mellonville Avenue and south of Eighth Street next presented. Thereupon Commissioner Gut moved that the City pay Mr Samuel for one-half of this ~abor cost. Seconded by Commissioner Lodge and carried. The Clerk next reported that Mr. Lea R. Lesher and Mr. Robert A. Williams were the only candidates to qualify for nomination as City Commissioners for the Municipal Primary Election to be held on November 6, 1945,and according to the law governing elections, it will not be necessary to hold said Primary Election. Thereupon Commissioner Bishop moved that Mr. Robert A.Williams be duly certified as the nominee for the position of City Commissioner in Group No. l, and Mr. Lea R.Lesher be duly certified as the nominee for the position of City Commissioner in Group No. 2, and their names ordered printed on the ballot for the General Municipal Election to be held on December 4, 1945. Seconded by Commissioner Gut and carried. On motion of Commissioner Gut, seconded by Commissioner Lodge and carried, the Mun ic ipal Mayor was next authorized to issue an election proclamation calling for a General/Election to be held on December 4, 1945, for the purpose of electing two City Commissioners for terms of three years each, to fill the vacancies to be created by the expiration of the terms of office of Commissioners Edward Higgins and M.J.Lodge; the following being designated as officials of said elections: For Clerk: P.Bayard Smith For Insoectors: Mrs. Margaret F.Barnes, Mrs F.E.Roumillat and Mr J H Beck. MINUTES CITY COMMISSION, SANFORD, FLORIDA, ~)"_-~_.O~_e_~ 2_~ ~_f_. 7~3© P M location. Request granted.. Application next received from Geo. C. Hardin to purchase lots i thru 12 of Block 13 Bel Air. This property having been acquired by the City thru foreclosure of taxes and special assessment liens. Thereupon Commissioner Gut moved the sale of the aforesaid property to Mr. Hardin at a price of $420.00 Seconded by Commissioner Bishop and. carried. On motion of Commissioner Gut, second-ed by Commissioner Lodge and carried, the Commission next authorized the salary of Municipal Judge Sharon increased from $90.00 to $100.00 per month, effective as of October 16, 1945. On motion of Commissioner Hill, seconded by Commissioner Bishop and carried, the Commission next authorized the salary of City Physician Tolar increased from $90.00 to $100.00 per month, effective as of October 16, 1945. In response to the request to be submitted by the Mayor to the Public Projects Fund Committee f'or permission to use $10,000.00 of the Public Project Funds toward the construction of the swimming pool, as directed by the Commission at the meeting of SePtember 24, 1945, the following letter was next submitted by Mayor Higgins: "October 5, 1945 City Commiss ion San ford Florida Gentlemen: I presented to the Public Projects Committee today the action of the City Commission in .regard to spending the Public Projects Fund. After considerable discussion, on motion of W.A.Leffler,-seconded by J.L. Ingley, the Committee voted to lea~2 the matter of the spending of these funds to the discretion of the City Commission, and the Public Projects Committee requested to be relieved of any further duties and that they be allowed to disband. Very truly yours Edward Higgins Mayor." On motion duly adopted, the resignations of the Public Projects Committeemen were accepted. The following letter was next presented from Chase & Company, donor of the funds in the Public Projects Fund: "October 13, 1945 Mr. Edward Hlggins, Mayor City of Sanford, Sanford, Fla. Dear Sir: Your letter of October 12th about the use of the $20,000 that Chase & Company paid to the City for public projects. We will agree to leave this matter entirely with the City Commissioners, they to make such use of the money for public projects as they think best. Sincerely yours, CHASE & COMPANY W.A~Leffler President." Thereupon Commissioner Lodge moved theft the sumof $10,000.00 of the Public Projects Fund be appropriated toward the construction of a swimming pool in Fort MINUTES City COMMISSION, SANFORD, FLORIDA, October a2 at 7:30 211 Blntz that the City has funds on h~nd in amount of $30,000.00 for the purpose of construct- lng the sWimming pool, including all engineering fees, and to instruct him to prepare the necessary plans and specifications for calling for bids to construct same. Mr. G..W. Spencer and Nr Ed Levy Whitner next appeared and presented the sum of $7,500.00, donated to the City by the following citizens, firms and corporations, to be 'Used for the purpose of making improvements~to the Municipal Golf Course: LIST OF CONTRIBUTOR~ TO THE CITY OF SANFORD, FOR THE PURPOSE OF IMPROVEMENTS OF THE GOLF COURSE Garland W. Spencer Florida State Bank Dr. L T Doss~ Hill Lumber & Supply Yard Stine Machine & Supply Co. H.M Watson Dr. H.W. Rucker Hu~h C. V~elchel W. A. Ludwig Dr. G S Selman Geo A Speer Jr. Sanford Furniture Co' Raymond M. Ball Joel S Field Frank Pavlick $5oo. co 100. O0 100.0© $~oo. co Saoo. oo $~oo. co $~oo. co $ ~ oo. co $~ oo. oo $~oo. co $ 5o. oo $1oo. co $1oo.oo $50. co glOO. co Sanfo'rd Atlantic National Bk. $100.00 A. E. Yowell $500. O0 Sanford Fruit Co. W A Leffler Randall Ch~se S tr i ckl and£Mo rr i s o n, In c. Ivey' s Shoe Store W. V.Bitting $5oo. oo $5oo.oo $5oo.oo ~oo. oo ~oo.oo $200.00 Dingfelder & Saperstone Inc. H.James Gut,Agency Lea R. Le sh er- B. L. Perkins Andrew Carraway-Agency Fla. Power& Light Co. H.H. Coleman Fred R. Wilson A.W. Epps O.D.Farrell W.A. Patrick R.A.Williams Roy Holler The Sanford Herald Hill Hardware Co. Herbert B Pope John W. Neisch V.N. Thurston Farms Harold H. Kastner & Co. A.L. Lyons Erickson Funeral Home J.P.Ridge Lloyd F.Boyle F.E.Bolls $100. OO $~oo. oo $~oo. oo $~oo. co $~oo. oo $3oo. co Saoo.oo $5o. co $5o. co $5o. co $a5o. co $1oo. co $~oo. co $~oo.oo $1oo. oo $200. co $1 oo. co $lOO. co ;200. O0 ~100. O0 ;100. O0 ~100. O0 1OO. OO 100. O0 TOTAL 97,500.00 Thereupon the Commission accepted the aforesaid sum of $?,500.00 and ordered it deposited in the Public Projects Fund. Consideration nexb given to the proposed agreement for leasing and operating th'e Municipal Golf Course, which was submitted and read in full at this time. Thereupon after careful consideration, and on motion of Commissioner Bishop, seconded by Commissioner Hill and carried, the Mayor and Clerk were next authorized to execute the agreement for lease on behalf of the City as follows: THIS AGREEMENT, $~de and entered into in triplicate this 22nd day of October,1945, by and between CITY OF SANFORD, FLORIDA, a municipal corporation organized and existing under the laws of the State of Florida, as party of the first part and ED LEVY WHITNER, as party of the second part, and SANFORD-SES~INOLE C05~ANY corporation to be organized under the laws of the State of Florida, as party of the third part, WITNESSETH: That the parties hereto, for and in consideration of the sum of One Dollar each to the other in hand paid, mutually covenant and agree to and with each other as follows to-wit: 1. The party of the first part hereby agrees to lease, let and rent unto the party of the third part, for and during a period of twenty-five years from and after the first day of November, 1945, the following described property situate, lying and being in the County of Seminole in the State of Florida, more particularly described as follows, to-wit: MINUTES CITY COMMISSION, SANFORD, FLORIDA, Begin 30 chains south of the northeast corner of Section 4, Township 20 South, Range 30 East, run south 12.83 chains, thence west 7.17 chains, thence north 45 degrees west 4 chains, thence west 2Q.04 chains, thence south l0 chains, thence west 5 chains, thence south 3 chains, thence west 5 chains, thence north 53 chains, thence east 20 chains thence south 20 chains, thence east l0 chains, thence south l0 chains, thence east l0 chai~ to the point of beginning, containing 123 acres, more or less, subject to that certain oil, gas and mineral lease from the party of the first part to Union Oil .Company of California, dated NOvember 1~,19~4 and of record in Deed Book 117, page ~41 of the public records of Seminole County, Florida. yielding and paying therefor unto the party of the first part by the party of the third part the sum of One ($1.00) Dollar per year, as the annual rental for said property above described. 2. The psrties hereto mutually covenant and agree to and with each other that the prpperty above described is the property now known as Sanford Country Club. 3- The parties hereto fUrther covenant and agree that %~pon the execution of said lease by the party of th~ first part to the party of. the third part, the party of~ the third part will renovate and repair th~ club house a~d locker rooms situate on the propert~ above described and will restore the golfl course sit.~ate upon the property above described as* soon as possible in a playable conditi6n' so that {he same will be'maintained thereafter by' the party of the third Part as an eighteen hole g~lf course aggregating 6000 yards in~ length with fairways of~ standard width, and for the purpose of raising the funds~ for rehabilitating said club house and locker rooms and restoring said golf course the ~arty of the third part agrees to raise among t~e citizens.of Sanford, Florida, the sum of $7,500.00 'by procuring donations f~om the citizens of Sanford, Florida totaling said amount to be used by said city for public purposes; that upon the depositing of $7,~500.00 from public subscription by the party of the third part with the party of the first part the party of the second part agrees to purchase of and from the party of the third part one half of its capital stock and to p8~ therefor the sum of $Y,500.00, said stock to be issued to the said party of the second part at $100.00 per share or a total of seventy five shares of the capital stock of the said party of the third part, and the party of the first part agrees to contribute unto the party of thethird part the sum of $15,000.00 to be used by the party of the thlrd part, together with the sum of $7,500.00 representing the purchase price paid by the party of the s~cond part for the purchase of said stock in renova'ting said club house and locker rooms and restoring said golf course to a playable condition, provided that the party of the third part shall elect a member of the City Commission of the party of the first part to its finance committee and said member of the City Commission so elected shall be and remain a member of said finance committee until said sum ~f $15,000.00 is expended. 4. It is understood and agreed by and between all parties hereto that the lease to be made by the party of the first psrt to the party of the third part shall contain the following conditions and restrictions, to-wit: (a) That during the life of said lease the party of the third part shall maintain the golf course with eighteen holes, aggregating 6000 yards in length with fairways of Standard width, and the club house and locker rooms and property as a country club, and should the said party of the third part fail to maintain said property as a country club said lease shall cease and Ze~mi~e and said property and improvements made thereon by the party of the third part shall be .surrendered to the party of the first part. (b) That the party of the third part shall have the right, at any time after all ,-~4~ 4-1~ ^ 4 s MINUTES CITY COMMISSION, SANFORD, FLORIDA, 0etch'er. 22 at 7=30.P M 19 ~-~ 2!8 above described of and from the party of the first part at and for the sum of $10,0OO.O0 cash and that should said option to purchase be exercised by the party of the third part any deed of conveyance mp. de by the party of the first part to the party of the third part shall contain a condition and a restriction requiring the party of the third part to maintain said property at all times as a golf course aggregating 6000 yards in length with fairways of standard.width and country club, and that upon its failure so to do title to said property shall reverto to the party of the first part, its successors or assigns. (c) That during the term of said lease the party o~f the third part shall pay before they become delinquent all taxes that may be levied and assessed against said property, and t~at failure so to do shall work immediate forfeiture of said lease. (d) That the party of the tt~ird part shall keep the buildings now or hereafter erected upon the aforesaid property insured to their full insnrable value against all risks of damage or destruction by fire in a good and responsible insurance company or companies with loss payable to the party of the first part, any proceeds arising from said insurance to be used for the restoration of the property under the .supervision of the party of the first part. Failure to so insure shall forfeit said lease. (e) That said lease shall be made subject to the aforesaid oil, gas and mineral lease from the party of the first part to Union Oil Company of California with a reservation to the party of the first part, its successors or assigns, of all rentals to accrue thereunder and that i~f any royalties become payable to the party of the first part thereunder fifty per cent thereof shall be payable to the party of the third part. (f) That any improvements made by the party of the third part on the pFoperty above described du~ing the life of said lease, or the ownership of said property should the party of the third part exercise its option to purchase said property, shall at all times inure to the benefit of said property and become part thereof,, should a reversion. of the title to said property or a forfeiture of said lease become effective. (g) That said lease shall not be assigned without the wr.itten consent of the party of the first part, its successors or assigns. 5- That the sum of $22,500.00 representing the purchase of fifty percent of the capital stock of said corporation by the party, of the second part and representing the sum of $15,000.O0 contributed by the party of the first part to the party of the third part, or so much of said sum of $22,500.00 as shall be necessary, shall be used and expended by the party of the third part for the permanent improvement of said property above described, including the renovation of said club house, locker rooms and buildings and for the purpose of restoring said eighteen hole golf course to a playable condition and the expenditure of said monies shall be supervised by the officers and directors of the said party of the third part. IN WITNESS ~{EREOF, the party of ~he first part has caused these presents to be executed in its name by its ~.ayor and attested and its official seal to be hereunto affixed by its City Clerk, and the party of the second part has hereunto set his hand and seal, and G.W. SPENCER, as Agent for the party of the third part has hereunto set his hand and seal, all of and as the day and year first abov~ written. CITY O F SANFORD, FLORIDA. .214 MINUTES 'CitY COMMISSION, SANFORD, FLORIDA, 0otobsr 22__~t 7:30 ? 14 i19 ~ Mayor Higgins next presented the following claim filed against the City by G.W. Spencer, Attorney for J.H.Truluck, and same was referred to the City Attorney for .in- vestigation and report to the Commission: ".October 22,1945 Hon. Edward Higgins Mayor, City of Sanford, Florida Sanford, Florida. Dear Sir: This is to notify you that J.H. Truluck, of lll9 Nagnolia Avenue, Sanford, Florida , claims damages of and from the City of Sanford, Florida arising out of the tortuous act of Policemen Ernest Lee and B.L. Gillyard, as officials, agents, servants and employees of City of Sanford, Florida, because of the negligent act oS omission and comission on the part of said Ernest Lee .and R.L. Gillyard, as agents, serv~nts or employees of City of Sanford, Florida, wherein the said Ernest Lee and R.L. Gillyard, as agents,servants or employees o~f City of Sanford, Florida, were guilty of gross neglect in the following manner, to-wit: That at approximately 8:00 A.N. on the 20th day of October, A.D. 1945, Just north of the intersection of Park Avenue and Commercial Street, in the City of Sanford , Florida, and on Park Avenue north of said intersection, the said Ernest Lee and R.L. Gillyard, as agents, servants or employees of Ci~ty of Sanford, Florida, while in their police uniform~ and wearing their badge of insignia, showing them to be police officers of the City of Sanford, Florida, and carrying with them pistols and blackjacks furnished by the Police Department of the City of Sanford, Florida for them as such police officers, arrested the undersigned J.H.Truluck by snatching the undersigned J.H.Truluck from his automobile and while making said arrest and while the said J,H.Truluck was being held by police office: R.L. Gillyard, after forcibly taking the said J.H. Truluck from his said automobile, the said ErneSt Lee hit the said J.H. Truluck over the head with his blackjack furnished to him by the Police Department of the City of Sanford, Florida, for use as such police officer, thereby splitting open the head of J.H. TrulUck and sever_ely bruising, wounding and ill-treating the said J.H.Truluck and at said time and place the said Ernest Lee and the said R.L. Gillyard, as such police officers as aforesaid, then 'and there in- formed the said J.H.Truluck that he was under arrest and that they were going to incar- cerate him in the City Jail of the City of Sanford, Florida, in the cell. with a negro employee of the said J.H.Truluck, ~amely Coleman Williams; that thereafter, after said beating as aforesaid, the said Ernest Lee and R.L. Gillyard, as police officers of the City. of Sanford, Florida, as aforesaid, did take the said J.H. Truluck to the City Jail of the City of Sanford, Florida in a beaten, bruised and profusely bleeding condition and did order the said J.H.T~aluck, while in such condition, to proceed up the steps to the sec ond floor of said Jail for incarceration in a cell and when the said J.H.Truluck objected thereto the said R.L. Gillyard, as police officer as aforesaid, did then and there inform the said J.H. Truluck "Damn~ you, if you don't shut your mouth I'll hit you with my billy", and as result of said threat another beating with a blackjack by the sa_id R.L. Gillyard, the said J.H.Truluck was thereupon incarcerated in said Jail on the second floor thereof and locked into a cell where he was detained for a period of about fifteen minutes before his release for medical attention by the City Physician of the City of Sanford, Florida.. And the said J.H.Truluck further notifies you, as Mayor of the CitY of Sanford, Florida, that he intends to bring civil action against the City of Sanford, Florida, for the gross negligence of the agents, servants and employees of the City of Sanford, Florida, namely Ernest Lee and R.L. Gillyard, for their wilful, wanton and abusive treat- ment of the said J.H.Truluck in complete disregard of. the civil rights of the said J.H. Truluck under the constitution of the United States of America and of the State of Florida, and of the civi$ rights of the said J.H. Truluck as a citizen of the City of Sanford, Florid~ That two witnesses to the arrest, beating and bruising ~d ill-treating of the said J.H.Truluck are George Naffett and W.J.Toll, and that numerous other persons standing at corner in front of Seminole Tire Shop whose names are unknown to the said J.H.Truluck witnessed the said arrest and said unlawful beating,wounding and ill-treating of the said J.H. Truluck by said police officers as aforesaid. Wherefore, you are hereby notified that unless prompt settlement of all damages accruing to the said J.H. Truluck and arising out of the gross negligence of said police officers is made the said J.H. Truluck will institute suit ~Or damages against City of Sanford, Florida. Your s very truly, J.H. Truluck J, H. TRULUCK. Garland W. Spencer Attorney for J.H.Truluck GWS/trf There being no further o'clock P.E.November 5, 1945. business the meeting then adjourned until ?:30