010950-Regular SessionH407~0
MINUTES
City Commission, Sanford, Florida,.~ztu~....9 ....a~;...B....IL.il ................. 19_.50
1
The City Commission of the City of ~anford, Florida, met in regular session at
the City Hall in the City of ~anford, Florida at ~:00 o'clock P.M. January 9, 1950.
Present: Commissioner Andrew 0arraway, Nayor
Randall Chase
" F A Dyson
" John Krlder
# W.H. Bt emper
City Attorney A. Edwln Bhinholser
City Nanager Clifford NcKlbbln Jr.
City Clerk H.N.Bayer
Chief of Police R.G. Wllliame
Meeting called to order by the Chairman.
Nlnutes of adjourned meeting of December 27, 1949, approved.
Nonthly reports of streets, sanitation, health, water, police, fire, airport and
library departments for month of December 1949 submitted and examined.
Financial statement and statement of revenues and expenditures during month of
December 1949, submitted and examined.
Bank statements in all accounts for month of December 1949, properly reconciled,
submitted and examined.
On motion duly adopted, the Commission next approved and authorized payment of cur-
rent invoices and payrolle for month of December 1949, subject to the approval of the
Finance Committee, as evidenced by Voucher Nos 3895 thru 4034.
The Chairman next addressed the members of the Sanford Btadium Authority and the
audience, advising that the City Attorney had rendered an opinion that under the pro-
visions of Chapter 26,320, Laws of Florida, imposing the cigarette tax, the City does
not have legal authority to use any of the funds to be derived from the cigarette tax
toward constructing the proposed memorial stadium, but that the Commission was con-
slderlng a proposal to enter into a new franchise agreement with Florida Power & Light
Company for thirty years, from w~lch the City could derive approximately $12,000.00
annually, and that this revenue could be used to finance the stadium project. He ad-
vised, however, that a referendum would be held to ascertain the expression of the
citizens as to whether or not they are agreeable for the City to grant Florida Power
& Light Co~pany the new proposed franchise, and that a referendum would also be held for
the purpose of obtaining the expression of the citizens as to constructing the memorial
stadium to be financed by pledge of revenues to be received from the proposed franchise.
Mr. Frank L Miller next addressed the Commission and audience, stating that he was
in favor of renewing the franchise with Florida Power & Light Company, and also in favor
of the stadium, but felt that the referendum should be held on the spending, pledging or
diverting of any revenues for special projects.
Mr W E Kader next voiced his objections to a thlry year franchise because he felt
that it was too long a term, but was in favor of a ten year franchise.
Thereupon the Chairman advised that the power company would not consider any term less
than thirty years.
Mr. E.F. Housholder next stated that he was primarily interested in the stadium project
MINUTES
City Commission, Sanford, Florida,... ~gnu~. 9-.-at.. 8 :~.. P..M . .19 50
Mr Floyd Palmer and Mr. Julian Stenstrom also spoke in favor of the stadium and
outlined the immediate need for it.
Mr Kader then stated that he was in favor of a new stadium but did not feel that
Sanford needed one as large as proposed, with seating capacity of 4,365; stating that
a stadium with capacity of 2,500 would accomcdate the spectatore in the community for
some time.
Mr Sam Martina next voiced further objections
at the meeting of January 3-
for the
same reasons submitted by him
Mr. G.W. Spencer next stated that he believed in progress for the community, but did
not want the city to go overboard again; that he Believed the City should improve the
sanitary sewage system, streets and water system before attempting to finance such a
project as the stadium. He said that he would be in favor of constructing a stadium
with seating capacity of 2,500 , which would be adequate to meet the needs of Sanford,
and suggested that the plane be revised to fit the preeent neede, with provielone to
add to it ae the community grows.
Commissioner Krider then addreseed the audience, expressing his appreciation to
the citizens for attending the meeting and ehowing eo much interest in the project,
and advised that the proposed franchise agreement and etadium project, with referendums,
would be considered by the Commission at this meeting
Nr Walter J.Krohne Jr. next submitted the following proposal to lease the hangar and
ground adjacent to the runways at the airport for a period of five years at a rental of
$600.00 per year, with option to renew for additional five years on same basis, offering
first years rental in advance:
1. To use the hangar, hangar offices and rooms to promote aviation, or other activity
in 8anford.
2. To establish a flight school, and rent airplanes to pilots.
~ To maintain hangar space and airport facilities for all pilots and planes.
To maintain the land around the runways by cultivating and planting of legume
grasses or other crops.
5. To maintain daylight servicing facilities for home and transient aircraft.
Thereupon after coneiderable diecussion,
Krider and Stemper to confer further with Mr.
terms of a lease that would be acceptable to
the Chairman appointed Commlseloners
Krohne relative to working out satisfactory
the City.
Mrs W.F.Ravenel next appeared and protested against notice eerved on her by a
police officer to have the sidewalk in front of her home repaired because roots from the
trees on the parkway had pushed it up; stating that ehe had previously been informed by
a City official that the trees belong to the City and lnaemuch as they are not her trees
she did not intend to pay for having the eldewalk repaired.
Matter referred to the Ulty Manager.
Meeers M.M. Pearce, Malcolm Higgine and L.A.Philips, repreeentatives of Central
Florida Foods, wholesale grocery, next appeared with reference to the present taxes
being assessed against stocks of merchandlee of merchants, stating that in their
bueiness they operated on a very small margin and could not afford to buy in large
quantities or carry merchandise on consignment because of being penalized by the heavy
taxes. They stated that all the small merchants are being penalized because of not being
able to pa.V such taxes on the ~mount of inventory neceesary to conduct their businesses.
Matter taken under advisement.
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City Commission, Sanford, Florida,_.....~.~r~.._~._~.~....~....~...~ ............. 19 50
lng most of the citrus fruit, and that it would be unwise to spend such a sum of money to
construct the project. He also stated that he believed it should be submitted to a refer-
endum to be voted upon by the people.
Mr Edward Hlggins, Nanager of Seminole Chamber of Commerce next appeared with reference
to the numerous and repeated complaints received against the Southern Bell Telephone
and Telegraph Company because of the service being lne~'ficient, incompetent and unsatis-
factory, stating that the officials of the telephone company had made promises on several
occasions to correct this condition but that the service continues to be inefficient.
Nr Nlggins then requested the
Railroad and Public Utilities
of these complaints.
Commission to adopt a resolution requesting the
Commission to hold a meeting in Sanford for the
NO.
Florida
consideration
Thereupon after considerable discussion, Commissioner Stemper offered resolution
?68, and after being read in full, moved its passage and adoption.
Seconded by Commissioner Krlder and carried by the following vote of %he Commission:
Commissioner Carraway Aye
" Chase Aye
m Dyson Aye
" Krider Aye
" Stemper Aye
said resolution no. ?68 entitled:
A RESOLUTION OF THE CITY COmmISSION OF THE CITY OF SANFORD, FLORIDA, TO RECOGNIZE
THE COMPLAINTB CONCERNING TELEPHONE SERVICE FURNISHED WITHIN THE CITY OF SANFOBD BY
SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY AND TO RECOmmEND THAT FIDRIDA RAILROAD
AND PUBLIC UTILITIES COMMISSION HOLD A MEETING IN THE CITY OF SANFORD, FLORIDA, FOR
THE PURPOSE OF HEARING SUCH COMPLAINTS.
WHEREAS, Southern Bell Telephone and Telegraph Company has for many years last past
operated a telephone exchange in the.City of Sanford, Florida, the County Seat of Seminole
County, and
WHEREAS, the service rendered by said Company in the conduct of such operation has to
many of the residents of said City been unsatisfactory and not acceptable for the normal
demands made upon such service by them, and
WHEREA~, the citizens of Sanford, Florida, who are customers of said Telephone Company
have made numerous and repeated complaints to saldCompany and to %he City Commission of the
City of Sanford, Florida, concerning such telephone service , and it appears to the City
Commission of the City of "anford, Florida, %hat a hearing should be given by proper authority
to such complaints for the determination of their merit and the requirement, if appropriate,
that said Telephone Company take such action to remedy the situation as may appear advisable,
NOW,THEREFORE, BE IT RESOLVED by the City Commission of the City of 'anford, Florida,
that recommendation and request be, and the same is hereby made that Florida Railroad and
Public Utilities Commission hold a meeting in the City o f Sanford, Florida, at the earliest
practicable date for the consideration of said complaints and for the issuance by said
Commission of such corrective requirements as to the Commission shall appear advisable.
PASSED AND ADOPTED this 9th day of Janaury 1950.
..Andrew Carrawa~v
Mayor
John Krider
F.A.D~json
Randall Chase
W H Stemoer
H-4OTSO
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City Commission, Sanford, Florida, January 9. ..... at ~..P M ..... 19 50
Commissioner Krider next introduced Resolution No. ?69, and after being read in
full, moved its passage and adoption.
Seconded by Comm~sioner Dyson and carried by the following vote of the Commission:
Commissioner Carraway Aye
" Chase Aye
" D~son Aye
" Krlder Aye
" Stemper Aye
said resolution No. 769 entitled:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SANFORD, FLORIDA. SETTING FORTH
THE SUBSTANCE OF CERTAIN ISSUES PRESENTED TO,HE C~Y COMMISSION, THE FIRST CONCERNING
THE GRANTING NOW BY THE CITY OF SANFORD, FLORIDA, OF A NEW THIRTY YEAR FRANCHISE TO
FLORIDA POWER AND LIGHT COMPANY BY THE TERMS OF WHICH THE CITY WOULD RECEIVE ADDITIONAL
REVENUE AS SET OUT HEREIN; THE SECOND,ASSUMING ~{AT THE FIRST ISSUE IS DETERMINED
AFFIRMATIVELY, CONCERNING THE PLEDGE BY THE CITY TO RETIREMENT OF REVENUE BONDS ISSUED
FOR CONSTRUCTION OF A MUNICIPAL MEMORIAL STADIUM OF THE SUPPLE~fENTAL FUNDS TO BE
RECEIVED BY THE CITY UNDER THE NEW FRANCHISE TO FLORIDA POWER AND LIGHT COMPANY;
AND PROVIDING FOR THE CALLING OF A SPECIAL ELECTION TO BE HELD IN THE CITY OF SANFORD,
FLORIDA ON FEBRUARY 21, 1950, FOR SUBMISSION OF SAID ISSUES TO THE VOTE OF THE
QUALIFIED ELECTORS OF SAID CITY.
WHEREAS, the City Commission of the City of ~anford, Flor~a, now has before it
the following facts and issues:
1.
Florida Power and Light Company is presently operating in the City of ~anford, Florkla
under a thirty year franchise from said City which expires the 2~th day of January 1954,
and the financial benefit to the City from such operation is confined to the proceeds
of taxes levied by the City against the property of said Company. Said Company proposes
that if the City of ~anford, Florida, will grant to it now a new thirty year franchise
for operation w~hin the City it will pay to the City at the end of each year from the
date of such franchise during the term of said thirty year franchise an amount which
added to the amount of all taxes, licenses and other impositions levied or imposed by the
City upon the Company's property, business or operations and those of the Company's
subsidiaries for the preceding year will equal six (6) per cent of Company's revenues
from the sale of electrical energy to residential and commercial customers within the
corporate limits of the City of Sanford for the preceding twelve months' period.
2.
A recommendation has been made to the City Commission of the City of Sanford,
Florida, that should the new franchise referred to in Item 1 above be granted to
Florida Power and Light Company the City of 5anford, Florida, pledge for the retire-
ment of the principal and interest of revenue bonds to be issued for construction of a
memorial stadium to be built at the municipal athletic field on Mellonville Avenue,
Sanford, Florida, the annual supplemental income to the City of Sanford, Florida, from
the said franchise to Florida Power and Light Company,or so much of said supplemental
income as may be necessary in each year for such purpose, until said revenue bonds are
retired.
WHEREAS, it is the desire of the City Commission of the City of Sanford, Florida,
that an expression of the qualified electors of the City of Sanford be obtained with
regard to said issues, which expression can be obtained only through a properly con-
ducted special election called for such purposes.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City~ Sanford,
Florida, that a special election of the City o f Sanford, Florida, be, and the same
is hereby called to be held in the City of Sanford, Florida, on the 21at. day of
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FI~ January 9 at $ P M
City Commission, Sanford, ....... , ........................................................................ 19 50.
Company, its successors and assigns an electric franchise within theCity of Sanford for a
ter~ of thirty years by the terms of which franchise the grantee shall pay to the City of
Sanford, Florida, an amount which added to the ~mount of all taxes, licenses and other
impositions levied or imposed by the City upon the grantee's property, business or
-operations and those of grantee's subsidiaries for the preceding tax year will equal six
per cent of grantee's revenues from the sale of electrical energy to residential and
commercial customers within the corporate limits of the City for the twelve fiscal months
preceding the applicable anniversary date from the date of granting of said franchise.
(2) That should a new franchise be granted by the City of Sanford, Florida, to
Florida Power and Light Company supplementing the revenues presently received by the
City from said Company by taxation, licenses and other impositions, the City shall pledge
such supplemental funds received by it from the Florida Power and Light Company under
its new franchise or so much thereof as may in each year be necessary to the retirement of
revenue bonds to be issued for construction of a memorial stadium to be built by the City
at the municipal athletic field on Mellonville Avenue, Sanford, Florida.
BE IT FURTHER RESOLVED that the special election called hereby shall be conducted as
provided by Ordinance No. 212, as amended, of the Charter of Sanford, Florida, providing
for the calling and conduct of special elections within the City of Sanford, Florida.
PASSED AND ADOPTED this 9th day of January 1950.
,A. ndrew Carrawa~v Mayor
F A Dyeon
John Er ider
Randall Chase
W.H. Stemper
As the City Commission of the
City of Sanford, Florida.
Attest:
~. N. Sa~er
City Clerk.
In accordance with the foregoing resolution No. 769, and with the regulations governing
the holding of Municipal Elections, and on motion duly adopted, the Mayor was next authorized
to issue an Election Proclamation calling a Special Municipal Election to be held on
Fe0ruary 21, 1950, the following being designated as officials of said election:
For Clerk: Mrs F.E.Roumlllat.
For Inspectors: Mrs Ralph Austin Smith
Raymond E.Lundqulst
Floyd A Palmer.
· urther consideration next given to approving and accepting the conditions stipulated
in the Resolution adopted by Reconstruction Finance Corporation approving the City's
application for loan to finance the construction of dock and terminal facilities.
Thereupon Commissioner Chase advised that he would be opposed to adopting a resolution
agreeing to obligate the City to the terms and conditions
without submitting it to a referendum.
Commissioner Krider then introduced Resolution No. ~r~O, and after being read in full,
moved its passage and adoption.
Seconded by Commissioner Dyson and carried by the following vote of the Commission:
Commissioner Carraway Aye
set forth in the aforesaid resolut~n
6
MINUTES
City Commission, Sanford, Florida,. January. 9..at 1~: P.. M ..... 19 50
RESOLUTION NO. 770.
RESOLUTION APPROVING AND ACCEPTING A RESOLUTION OF THE RECONSTRUCTION FINANCE COR-
PORATION OFFERING TO PURCHASE SECURITIES,AND EXPRESSLY ACCEPTING SAID OFFER AND AGREEING
TO PERFORN AND TO CO~{PLYWITH THE TERNS AND CONDITIONS THEREOF.
WH~EAS, the City of Sanford, Florida, ( hereinafter called the "Issuer") has heretofore
filed an application with Reconstruction Finance Corporation requesting that said Corporation
purchase the securities of the Issuer for the purpose of aiding ~in financing the construct-
ion of a port terminal; and
WHEREAS, on Nowember 10,1949, said Reconstruction Finance Corporation duly authorized the
purchase of the securities of the Issuer in the principal amount of not to exceed
$300,000.00 for such purpose or purposes, subject to the terms and conditions set forth In
a resolution of said Corporation adopted on %hat date, which said resolution is in words and
figures as follows:
RECONSTRUCTION FIk%NCE COI~PORATION
RESOLUT ION
RE; C..1TY OF SANFORD FLORIDA
(Docket No PA-?60)
WHEREAS, The City of ~anford, in Seminole County, Florida ( which City is hereinafter
called the "Issuer") has filed an application, docket No. PA-?60, with Reconstruction
Finance Corporation ( hereinafter called" this Corporation"), requesting this Corporation
to purchase, under Section 4 (a) (3) of the Reconstruction Finance Corporation Act,
amended , the Issuer's port terminal and parking meter revenue bonds for the purpose of
aiding in financing the construction of a port terminal, including and involving a ware-
house,wharf, and other terminal facilities and harbor dredging, trackage, equipment,
paving and fill ( which construction is hereinafter called the "Project", and which port
terminal, including all improvements, additions or extensions which may be mgde thereto,
is hereinafter called the "Terminal");
NOW; THEREFORE, BE IT RESOLVED:
FIRST, That authorization is hereby given for the purchase by this Corporation at
one time Or from time to time of the four per centum (4~) port terminal and parking
meter revenue bonds ( hereinafter dalled the "Bonds") which are hereinafter described in
Conditions 1 and 2 of this FIRST RESOLVED clause, of the Issuer at a price equal to the
principal amount thereof plus interest accrued thereon to the date of delivery of the
Bonds to this Corporation, the total principal amount of Bonds %o be purchased hereunder
not to exceed THREE HUNDRED THOUSAND DOLLARS ($300,000.O0) This authorization, however,
to be subject to the following conditions:
1. The Bonds shall be negotiable special obligations of the Issuer issued pursuant
to applicable law, payable solely from and secured by an exclusive pledge of and lien
upon (a) the revenues derived from the operation of the Terminal, after pro-
vision:only for reasonable expenses of operation and maintenance thereof, and
(b) the net proceeds of parking meter revenues from all parking meters placed in
the City of ~anford pursuant to Ordinance No. 39? of the Issuer adopted on August
26,19~6 and from all parking meters added by the Issuer subsequent to the adopt-
ion of said Ordinance ( including all parking meters which may be added hereafter.)
The bonds shall be authorized by and issued pursuant to a resolution of the
Issuer's governing body, the form and text of which resolution shall be satisfactory
to General Counsel ~f this Corporation or Special Bond Counsel for this Corporation
(herein called "RFC Special Bond Counsel"), and the provisions of said resolution
shall also be satisfactory to the Chief or Acting Chief, Public Agency Branch, Office of
Loans of this Corporation ( herein called the "Chief").
The Bonds shall be coupon bonds dated as of a date satisfactory to the Chief, in the
denomination of $1,O00 each or such other denomination or denominations as may
be satisfactory to the Chief; shall be designated and be regls%erable as satisfactory
to the Chief; shall be payable at such place or olaces and shall have such other
specifications as may be satisfactory to the Chef; shall bear interest at the
rate offOur per cent (4~) per annum, payable semi-annually on da~s of the year
as shall be satisfactory to the Chief; and shall mature serially on a day of the
v==w m~ =½=11 h. ~mtlnf=nf.n~v tn th. Chef tn amnunts and vests as follows:
MINUTES
City Commission, - Jan 9 at 8:O0 P M
Sanford, Flonda, ................................................................................. 19 50-
~ears Amounts .... Years Amounts
1952 $5,ooo 1959
195~ 5,000 1960
1954 5,000 1961
1955 6,000 1962
1956 6,000 1963
1957 6,000 196~
1958 7,000 1965
1966 8,000 1972
1967 10,000 1973
196~ 10,000 1974
1969 10,000 1975
1970 10,000 1976
1971 lO,O00 1977
The bonds shall be subject to
$7, O00
7,000
7,O00
7 000
000
ooo
8 o00
10 000
10 000
10 000
10 000
10,000
100. 000
To tal ]~6~-6, O00
redemption, at the option of the Issuer in whole, or in part
in the inverse order of maturity, hlF, hest numbered Bond first for Bonds of the same maturity,
on any interest payment date, beginning, except as hereinafter provided, with the 1960
principal maturity date, at a price ecual to the primcipal amount of the Bonds to be redeemed
plus accrued interest on such Bonds to the date of redemption plus a premium of one-fourth
(1/4th) of one (1) per centum of the principal amount of each Bond to be redeemed for each
year or fraction thereof from the date fixed for redemption to the date of maturity of each
Bond to be redeemed; provided , however, that said redemption premium for any Bond redeemed
shall in no event exceed three (3%) per centum, except as hereinafter provided, of the
principal amount of the Bond redeemed, and provided further, however, that the Bonds of the
latest maturity (those to mature in 1977) shall be redeemable before the said 1960 principal
maturity date and beginning with the 1955 principal maturity date, but only out of revenues
of the Terminal and Issuer's parking meters, and for such redemption in such period the
said 3% maximum limit on the redemption premium shall not apply. Due provision , satisfactory
to RFC Special Bond Counsel and the Chief, for prior notice of intent to redeem shall be
made, as shall be expressed in the Bonds and in the resolution authorizing issuance thereof.
3. In case of excusable delay in the commencement or progress of the Project and if no
Bonds are delivered during 1950, then, if satisfactory to the Chief, and before any of the
Bonds are delivered, each of the years given in the maturity schedule set out in Condition
No. 2 above may be changed to be one year later than the year given, in which case the
first maturity date fixed for the Bonds will be in the year 1953 ( in the amount of $5,0OO)
and the last maturity date fixed for the Bonds will be in the year 1978 ( in the amount of
$100,000.) In said case the beginning permissible redemption date will be on the 1961 (in-
stead of 1960) principal maturity date, except for the Bonds of the latest maturity
(those to mature in 1978) which may be redeemed beginning with the 1956 ( instead of 1955)
principal maturity date on the terms above provided.
4. A favorable decision, satisfactory to R.F.C. Special Bond Counsel and to the Issuer's
bond counsel, shall be rendered by the Florida Supreme Court, sustaining the validity of the
Bonds and settling favorably all other legal questions regarding the Bonds, Project,Terminal
or parking meters, which may be presented for decision as shall be satisfactory to RFC
Special Bond Counsel and Issuer's Bond counsel.
5. The Issuer shall, prior to this Corporation's purchase of any of t~e Bonds, oOtain
a suitable guaranty, satisfactory to the Calef,from a financially responsible person or
firm holding a "Certificate of Public Convenience" as a common carrier on the St. Johns
MINUTES
City Commission, Sanford, Florida, Januar~ 9..&t 8:00 1~..1~ .19 50
6. All details of the performance of the Project, including plans and specifications,
shall be subject to the approval of the Chief, and all proposed contracts of the Issuer
incurring any obligation to expend money for carrying out of the Project or otherwise affect-
ing the Project and the security of the Bonds, shall be submitted for the approval of the Chief
prior to the making of any such contract. It is intended that all contracts, requisitions and
purchase orders of the Issuer for obtaining material or work, or both, in connection with
the performance of the Project shall be satisfactory to the Chef.
?. The Bonds shall be issued pursuant to proceedings which shall be in form and substance
satisfactory to RFC Special Bond Counsel, and all proper legal steps and approvals shall
as
be taken and obtained before issuance of the Bonds, all/shall 'be required and as shall be
satisfactory to RFC Special Bond Counsel. Among other covenants of the Issuer in said
proceedings shall be the covenant or covenants of the Issuer that it will own, maintain, re-
place, when necessary or desirable, and operate continuously a minimum of 320 parking meters
at the rates now in effect and at locations which shall be esta011zhed as shall be satisfactor~
to the Chief.
S. The Issuer shall submit to this Corporation evidence satisfactory to the Chief that:
The Issuer has obtained all necessary Federal and State approvals in connection
(a)
with the
(b)
amount of
(c)
Terminal,
Project.
The Project can be completed at a total cost
funds available therefor.
satisfactory to the Chief within the
The Issuer has made provision to establish a rate schedule for the services of the
and for the parking meters, the schedule to be established to be satisfactory to the
Chief, which shall provide revenues at least sufficient to assure the prompt payment of
principal and interest as each becomes due on the Ronds, and the payment of the expenses of
operation and maintenance of the Terminal, and the establishment of reasonable reserves.
(d) The Issuer has unencumbered ownership of the site of the Terminal and will have
unencumbered ownership of the Terminal to be constructed at such site, all as shall be indi-
cated in a title opinion by qualified local attorney or attorneys, which opinion and which
attorney or attorneys shall be satisfactory to RFC Special Bond Counsel.
(e) The Issuer has obtained an agreement or similar assurance satisfactory to the Chief
and RFC Special Bond Counsel,from the State Road Department of Florida pertaining to the
relocation of U.S. Highway l?, to the end that Seminole Boulevard west from Frenc~ Avenue
to Cedar Avenue will be dedicated to the exclusive use of the Terminal, without cost to
the Project.
(f) The Issuer hae paid in ~ull the cost of all parking meters in the City of Sanford,
and the Issuer has unencumbered ownership of all said parking meters, and no pledgee, liens
or other encumbrances shall be outstanding against the revenues from any parking meters
existing or to be added in the City of Sanford, except for the pledge and lien established for
the bonds to be purchased by this Corporation.
(g) The Issuer has actually set aside, or has so provided as shall be satisfactory to
the Chief that there will be set aside, and made available from the net proceeds of parking
meter revenues, or From other lawful source or sources, during or before construction of the
Terminal, not less than $10,O00 in cash for use as original working capital upon commencement
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City Commission, Sanford, Flofida,_...J_~.nt~l~....?....a.~....~...!.9.0....~....~__.19 50
10. Purchases of the Bonds shall be made pursuant to one or more written requisitions
of the Issuer, addressed to the Chief, each of which requisitions shall specify the
principal amount, serial numbers and maturities of the Bonds to be purchased pursuant thereto,
and shall be accompanied by the following Requisition Exhibits, unless such Exhibits are
previously submitted:
(a) A certificate by the Issuer specifying in detail the purposes for which the Issuer
proposes to expend the proceeds of the sale to this Corporation of the Bonds included in the
requisition involved. In the case of requisitions, if any, subsequent to the first requisition,
such certificate by the Issuer shall also state that the funds obtained as a result of the
next preceding requisition have been used exactly in the manner and for the purposes approved
by this Corporation and specified in such next preceding requisition, specifying in detail the
purposes and manner of such use, of if such funds have not been so used, such certificate
by the Issuer shall itemize in detail the variance from such approved use and account therefor.
However, this requirement shall in no event be deemed to constitute authorization or con-
donation by this corporation of any such variance.
(b) Two certified transcripts of all Bond proceedings, adopted in accordance with
applicable law, including a proper Bond resolution, court validation proceedings, supporting
documents, exhibits and other papers ( other than the proceedings or instruments, if any,
of which certified transcripts shall previously have been delivered to this Corporation ) ,
all in form and substance satisfactory to RFC Special Bond Counsel, showing lawful authority
to issue and sell the Bonds, such proceedings having first been prepared and approved by the
firm of Oond counsel retained Dy the Issuer as referred to in sub-paragraph (a) of Condition
ll of this FIRST RESOLVED clause.
(c) Three specimen bonds including appropriate specimen coupons appertaining thereto.
(d) Two unsigned drafts of each of the proposed documents described in subparagraphs (a)
(h) and (c) of Condition ll of this FIRST RESOLVED clause, bearing the names of the res-
pective parties whose signatures will appear on the signed and dated copies of such documents
when such signed and dated copies are delivered as Closing Exhibits at the time of delivery and
purchase of the Bonds pursuant to said Condition ll.
(e) With the first requisition alone unless the Chief or RFC Special Bond Counsel
shall require such evidence in connection with subsequent requisitions, tmo copies of the
appropriate documents, and all other evidence, required by and to show compliance with
Conditions i to 9, inclusive, of this FIRST RESOLVED clause, unless previously furnished.
(f) A letter from the depositary , or each depositary if more than one is used or
is required by this Corporation, satisfying the requirements of Condition 14 of this FIRST
RESOLVED clause, with whom the Issuer proposes to deposit the proceeds of the sale of any
of the Bonds, which letter shall state that such depositary will accept deposit of such
proceeds and will secure such deposits as provided in said Oondtion 14.
(g~ Such other papers and documents as the Chief and/or RFC Special Bond Counsel
shall deem necessary or desirable.
10
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City Commission, San[orct, Florida,...Ja. nua~'y .9. at 8:00 P. ~ 19 50
(a) Two signed and dated copies of the final approving legal opinion of the
Issuer's local attorney, and two signed and dated copies of the final approving legal opin-
ion of a nationally recognized firm of municipal bond counsel ( which firm shall be satis-
factory to RFC Special Bond Counsel), in form and text satisfactory to RFC Special Bond Counsel,
to the effect that the Bonds then delivered are duly executed and issued under the authority
of and pursuant to applicable law and are valid and binding obligations of the Issuer of
the nature they purport to be.
(b) Two signed and dated copies of an Execution, Signature and No-Litigation Certif-
icate ( substantially RFC Form Legal 2 ) and two signed and dated copies of a certificate of
Delivery and Payment ( Substantially RFC Form Legal 3 ).
(c) Two signed and dated copies of a statement,as of the time of delivery of the
Bonds then being delivered, showing that no changes in the financial condition of the Issu-
er with respect to the Project and the parking meters have occurred s~nce the date of the
most recent financial statement previously submitted to this Corporation, other than such
changes as are necessary and incidental to the ordinary and usual conduct of the affairs
of the Issuer.
(d) Such other appropriate supporting papers, including certificates of no adverse
legislation, and certificates as to the absence of any prior or other pledge or lien or
encumbrance on the Terminal or parking meter revenues to be pledged for the Bonds, all
duly executed and/or certified, evidencing or relating to the legality of the execution,
sale and delivery of th~ Bonds or otherwise relating to the security for the Bonds or
proposed Bonds, all as RFC Special Bond Counsel or the Chief deems necessary or desirable.
12. Anything elsewhere in this Resolution to the contrary notwithstanding, this Corporatio~
shall not be under any duty or obligation to purchase any of the Bonds if this Corporation
shall express dissatisfaction in writing for any reason whatever with respect to any of
the following matters:
(a) The validity of the Bonds or the security therefor, or as to compliance by the
Issuer with any of the terms or conditions contained herein or in the proceedings authorizing
the issuance of the Bonds, unless the Issuer shall correct such matter or matters to the
satisfaction of this Corporation within such tim e as this Corporation may prescrlOe.
(b) The fees or charges for the services or facilities provided by the Terminal,
and the parking meter charges.
(c) Any proceedings taken or proposed to be taken by the Issuer re.epecting the Bonds
or the security therefor, or regarding any delay by the Issuer in taking such proceedings.
(d) Any of the purposes for which the Issuer proposes to experdthe proceeds of the
sale of the Bonds.
(e) The Project,
and incidental thereto,
the cost thereof, or the status o~ progress of the work thereon
or the availability of sufficient funds therefor.
(f) Any contracts let or proposed to be let or any agreements made or proposed to
be made in connection with the Project or Terminal or any work incidental thereto.
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funds available to complete the Project.
13. If any of the representations or statements made by or on 0ehalf of the Issuer
in its epplicatlon or in any supplemer~ thereto or amendment thereof, or in any other
document or paper presented or submitted by or on behalf of the Issuer to this Corporatl~,
shall be found at any time by this Corporation to be incorrect or incomplete in any material
respect, this Corporation shall not be under any duty or obligation to purchase any of the
Bonds.
14. The proceeds derived from the sale of the Bonds shall be deposited in a bank or banks
w~ich are members of the Federal Reserve System or, If such depositaries are not available,
in some other bank or banks which are members of the Federal Deposit Insurance Corporation,
in a special account or accounts, such bank or banks to be satisfactory to this Corporation.
If and to the extent permitted by applicable law, each such account in which the proceeds of
the sale of the Bonds are deposited shall be contir~Aously secured by a pledge of direct
obligations of the United States Government or of obligations fully guaranteed by the
United States Government, having an aggregate market value, exclusive of accnued interest,
at all times at least equal to the balance on deposit in each such account; or in lieu of
such pledge of securities as aforesaid, each such account shall be secured in such o~her
manner as shall be satisfactory to t~ls Corporation. The Issuer will permit expenditure
of the funds in such accounts only to defray costs of the Project in SUCh manner and for
such purposes as shall have Peen previously approved by this Corporation. Upon completion
of the Project, as evidenced by certificates satisfactory to the Chief, the Issuer shall
specify the amount needed to pay any part of the cost of the Project then remaining to be
paid. Any unexpended balance in the special account or accounts in excess of the sum
needed for that purpose shall be immediately devoted by the Issuer to payment of or on
account of the Bonds specified by the Chief or shall be used in such other legally permissible
manner in connection with the Project and/or the Terminal or the Bonds as shall be approved by
th is Corporation.
15. ~e Issuer shall, if permitted by applicable law, comply, in connection with the
construction involved in the Project, and shall cause all contractors under its control
engaged in such construction to comply with the following conditions :
(a) No convict labor shall be directly employed in such construction.
(b) No machinery or materials shall be used in or employed in connection with such
construction except such as shall have been produced or manufactured in the Unlted States or
its territor~s.
(c) The Issuer and all contractors and subcontractors under its control engaged in
the prosecution of the Project shall comply with the regulations promulgated under date of
February 3, 1942 ( ? Federal Register 68?, 40 U.S.C.A. Appendix , 2.1 et seq. ) , as amended,
by the Secretary of Labor pursuant to Public Act No. 324, ?3rd Congress, approved June 13,1934
(48 Stat 948. 40 U.S.C.A. 2?6c.), known ae the #Kickback" Act, concerning pay for labor, and
pursuant to Section 9 of Reorganization Plan No IV (54 Stat 1236, 5 U.S.C.A. 133 t note )
effective June 30, 1940.
16. The Chief or his authorized representative shall at all times have the right to examine,
inspect and/or approve or disapprove plans, specifications, designs, estimates and expenditures
for performance of the Project, bids, contracts and awards thereof, and the progress and
12
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City Commission, Sanford, Florida,...Janua~y 9..at 8:00...P .l~ 19 50
and efficient manner.
1S. The Issuer shall keep proper books of record adapted to the Project, the Terminal,
and the parking meters of the Issuer ( apart from all other records and accounts), in which
complete and correct entries shall be made of all transactions relating thereto.
19. This Corporation, by its authorized agents, shall have the right at all reasonable
times to inspect the Project, the Terminal, and the parking meters of the Issuer, and all
records, accounts and data of the Issuer relating thereto.
20. Upon request at any time, in case this Corporation purchases any of the Bonds, the
Issuer shall, within lawful limits, furnish this Corporation and an~ prospective pur-
chaser of ar~y of the Bonds from this Corporation all information which may reasonably be
requested in connection with the Project, the Terminal, the Issuer's parking meters, the
Bonds and the Issuer.
21. The Issuer, within lawful limits, shall pay all costs, charges and expenses incident
to compliance with all terms and conditions of this Resolution, including, without limiting
the generality of the foregoing, the cost of preparing the Bonds and the documents for the
Bond Proceedings and obtaining all legal information required herein to be furnished by it,
and shall, if requested by this Corporation , pay or reimburse this Corporation for all
traveling, telegraphic, telephonic and similar expenses and for the costs of any investiga-
tions and inspections incurred or made by or on behalf of this Corporation or the Issuer,
whether incurred before or after the date of this Resolution, and it shall, if requested by
this Corporation, pay fees and expenses of such auditors, examiners, field representatives,
attorneys and engineers as this Corporation in its discretion may from time to time retain
in connection with the Terminal, the parking meters of the Issuer,the Project and the
issuance, purchase and servicing of the Bonds, this Corporation in its discretion having the
right to withhold from the proceeds of any disbursement on account of the purchase of Bonds,
amounts reim0ursable to this Corporation in accordance with the foregoing provisions of
this paragraph. The Issuer shall also, if requested by this Corporation pay or reimburse
this Corporation for all expenses of every nature incurred by it in connection with the
Project and]or the Terminal and/or the parking meters of the Issuer and/or the Bonds and/
or the application of the Issuer in the event that this Corporation purchases none of the
Bonds.
22. Without prior written consent of this Corporation, the Issuer shall not refer to'this
Resolution or to any purchase by this Corporation of any of the Bonds as an inducement for
the purchase of any securities of the Issuer, and shall not permit any purchaser from it
of any securities to do so. Neither shall the Issuer use the nsme of this Corporation in
any connection without obtaining its prior consent.
23. The Issuer shall take such lawful action as this Corporation or any prospective
purchaser from it of any of the Bonds reasonably may request to aid in the sale by this
Corporation of any one or more of said Bonds. At its own expense, the Issuer shall take
such lawful action as this Corporation or any such prospective purchaser may request
to qualify the Bonds for sale under the Laws of the United States and of such State
or States as may be designated by this Corporation or any such prospective purchaser.
24. The Issuer agrees, where not in contravention of applicable law, to offer for sale
and to sell only to this Corporation all Bonds not in excess of the amount mentioned
~._ ~vucm =~c~v,,~ ~ ..... .a~,.~ t+. ~e*~ *~ ~, ~r ,ell~. exceot to the extent
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City Commission, Sanford, Florida,__ t~-~-a!~--.--~...a-~---,~-:--~-O-?...~.19 50
In the event that this Corporation shall so request and within such time as this Corporation
may specify, the Issuer shall, irrespective of the progress or statue of performance of the
Project, effect immediate delivery for purchase by this Corporation of all or any lesser
amount designated by this Corporation of the Bonds described in this FIRST RESOLVED clause
which have not theretc~re been delivered to and purchased by this Corporation.
25. After the Issuer's acceptance of this Resolution, as provided in Condition 9 of this
FIRST RESOLVED clause, and so long as this Corporation ia the holder of or is under a
commitment to purchase any of the Bonds:
(a) The issuer shall carry insurance relative to the Project, the Terminal and the
parking meters of the issuer with insurers of good standing satisfactory to the Ohief, against
such risks and in such amounts, if any, as may be required by the Chief, the policies to
be payable to such party or parties for the benefit of the Project, the Terminal, the parking
meters of the City , or the Bonds as may be satisfactory to the Chief.
(b) The Issuer shall establish special funds and accounts for handling moneys related to
the Project, the Terminal and the parking meters of the Issuer as shall be satisfactory to
the Chief and in conformity with applicable law in one or more depositaries satisfactory
to this Corporation.
(c) The Issuer shall maintain, preserve and keep the Terminal and the parking meters of
the Issuer or cause them to be maintained, preserved and kept, in good repair and condition,
and shall operate the same in an e:ficient manner and at a reasonable cost. Not less than
320 parking meters at the rates now in effect shall be so maintained, kept, and operated,
and at locations which shall be satisfactory to the Chief.
(d) The Issuer shall not issue any additional obligations payable from the revenue
from the Terminal or the parking meters of the Issuer or voluntarily create or cause or
allow to be created any debt, lien, pledge, assignment, encumbrance or any other charge
senior or Junior to or on a parity with the claim, lien or pledge on behalf of the Bonds
upon any of the revenues derived from the Terminal or the parking meters of the Issuer or
pledged as security for the Bonds, or sell, convey , mortgage, lease or otherwise alienate
or encumber any part or property of the Terminal or the parking meters of the Issuer reasonably
deemed essential by the Chief to the
Issuer, ualess approved in writing by
(e) The Issuer shall, where and
operation of the Terminal or the parking meters of the
this Corporation.
to the extent permitted by applicable law, adopt a
method of general supervision, management and control over the performance of the
and the operation and maintenance of the Terminal and the parking meters of the City
to the Chief, and shall operate and maintain the Terminal and the parking meters of
pursuant to a budget of expenditures as shall be satisfactory to the Chief.
(f) The Issuer, where and to the extent permitted by applicable law, shall allow
no free use of the Terminal or the parking meters of the Issuer,. Nor shall any discounts
be allowed from the schedule of rates currently in effect.
(g) The Issuer, to the extent permitted by applicable law, shall fix, maintain, and
collect on the basis of, rates and charges in connection with %he Terminal and the parking
meters of the City,which will yield revenue from the System at least sufficient to meet
the cost of operation and maintenance of the Terminal and the parking meters of the Issuer,
to provide for the payment of orincinal of and Interest on the Bonds as said ~rtn~in, 1
Project
satisfacto~
the Cl1~
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City Commission, Sanford, Florida, ...... Jant~nary 9 .at 8 P M. 19
50
and shall contain appropriate adaptations and additional provisions designed to protect the
interests of the holder of any of the Bonds. The rights, privileges, powers and immunities
reserved or granted to this Corporation or its officers and agents as provided in and pur-
suant to this Resolution and its acceptance by the Issuer shall so far as permitted by
applicable law be separate and apart from and in addition to the rights , privileges, powers
and immunities which may be obtained by this Corporation or its officers and agents under
the provisions of the Bonds and the Bond proceedings adopted by the Issuer authorizing
and providing for the issuance of the Bonds.
SECOND, That, in addition to the foregoing, authorization is hereby given for the
performance by officials of this Corporation of all things necessary or appropriate in con-
nection with the purchase of the Bonds authorized hereunder, as shall be approved by the
Chief and RFC Special Bond Counsel.
THIRD, That wherever in this Resolution conditions are required to be fulfilled by
the Issuer precedent to the purchase or delivery of its Bonds, except those conditions
described in Condition ll of the FIRST RESOLVED clause hereof dealing with Closing Exhibits,
and when pursuant to applicable law this Corporation is required to bid for such Bonds, then
such conditions ~ prece~en% shall be satisfactorily complied with by the Issuer prior to the
making by this Corporation of such bid or bids looking to the purchase of the issuer's bonds,
and authorization is hereby given for the submission by the appropriate official of this
Corporation of a bid or bids, as shall be approved Oy the Ch~ f and RFC Special Bond Counsel,
for such Bonds, the price to be bid therefor to be the price set forth in the FIRST
RESOLVED clause hereof, and authorization is hereby given for the compliance by this
Corporation with any conditions lawfully required of bidders in bidding for such Bonds,
including the drawing of any check or checks that maybe required and the deposit of the
same in the manner required of bidders.
FOURTH . That wherever in this Resolution
required to be fulfilled or to be complied with
conditions involving non-legal matters are
to the satisfaction of this Corporation, the
Chief be and he is hereby authorized on behalf of this Corporation to evidence such satisfaction
and wherever in this Resolution conditions involving legal matters are required to be ful-
filled or to be complied with to the satisfaction of this Corporation, RFC Special Bond
Counsel be and he is hereby authorized on behalf of this Corporation to evidence such
Satisfaction; and RFC Special Bond Counsel be and he is hereby further authorized to modify
provisions of this Resolution insofar as such provisions relate to details or legal require-
ments by making such changes herein in accordance with law as he shall deem necessary or
advisable.
FURTHER, That the Secretary or an Assistant Secretary of this Corporation is hereby
authorized and directed to forward a certified copy of this Resolution to the Issuer.
The foregoing Resolutlon~as duly adopted by the Board of Directors of the Reconstruction
Finance Corporation on the 10th day of November, 1949.
Assistant Secretary
Reconstruction Finance Corporation.
WHzMEAS, the Issuer desires that said securities shall be purchased on the terms and
H-40750
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cation and all statements of fact contained therein and all other facts and representations
of fact offered or made by its officers, representatives and agents to Reconstruction
Finance Corporation in and in support of such application.
FURTHER RESOLVED, That this resolution shall constitute a contract and agreement between
the Issuer and the Reconstruction Finance Corporation whereby the Issuer accepts the offer o f
said Corporation to purchase said securities, and accepts and agrees to all the terms and
conditions of said resolution so
day of November, 1949 .
FURTHER RESOLVED, That the
adopted by Reconstruction Finance Corporation on the 10th
Issuer hereby agrees that it will faithfully perform all
things on its part to be performed thereunder as well as all terms and conditions of any and
all other resolutions and a~reements required er contemplated to Pe adopted and made by the
Issuer pursuant to the terms of said resolution of Reconstruction Finance Corporation,
the Issuer expressly agreeing to execute or adopt such furt.her special or other agreements
or resolutions in accordance w~h %he provisions or requirements of said resolution of
Reconstruction Finance Corporation, as such Corporation may from time to time require.
FURTHER RESOLVED, That the officers of the Issuer be and they are hereby authorized
and directed to do all acts and things necessary, proper, or appropriate, to comply with
and carry out the terms and conditions of this resolution and of the resolution of Recon -
struction Finance Corporation aforesaid, and the City Clerk of the Issuer is hereby directed
to prepare, certify and forward two copies of th is resolution so certified to the Recon-
s%ruction Finance Corporation.
PASSED AND ADOPTED this 9th
day of January 1950.
Andrew Carraway
Mayor.
ATTEST:
H.N. Sa~er
City Clerk.
(SEAL)
W H Stemper
John Krider
F A DFson
As t~e City Commisslon~ of
the City of Sanford, Florida.
Commissioner Stemper next offered the following Resolution and moved its passage and
adoption.
Seconded by Commissioner Chase but defeated by the following vote of the Commission.:·
Commissioner Carraway Nays
" Chase A~e
" Dyeon Ns.ye
" Krider Naye
" Stemper Aye.
said Resolution being as follows:
Resolved that the City Commission make,
commitments from the shippers in this area of
use the terminal facility at Sanford and will
or have made, every effort to secure firm
the State; commitments that the shippers will
pledge a definite tonnage in the minimtma
aggregate of 50,000 tons per year over a period of five years, and
Resolved that in the failure to receive firm commitments from the shippers, that we,
the City Commission of the City of ~anford, Florida, shall not be obligated to expend any
as
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City Commission, Sanford, Florida,... Jax~.uary 9 a~ ~:.oo..P ~...19 50
fire station with 20 year roof, which were opened publicly at 4:00 o'clock P M January 6,
95o.
B.B.McCormlck Roofing Company, Orlando
F M English, Sanford.
Ault Roofing & Heating Company, Orlando
Faulkner, Inc, Orlando
Thereupon after coneidering the qualifications
669.00
789.50
825.00
832.00
of the bidders,
Commissioner Stemper
as the best bid
moved the acceptance of the bid of F.M.Engllsh in amount of $789.50,
for the interest of the City.
Seconded by Commissioner Krider and carried.
~he following and only bid received for constructing 400 lineal feet of curb and gutter
on North Mellonville Avenue was next submitted:
T.S.Crawley, Sanford 4~8.O0
Thereupon on motion of Commissioner Stemper, seconded by Commissioner Krider and
carried, the bid was accepted.
Applications next received from Sanford Atlantic National Bank and Florida State Bank
of Sanford to be designated as depositaries of City of Sanford funds during the year
195O, agreeing to furnish satisfactory security in United States Government Bonds or
other negotiable securities, to be approved as to amount and validity by the Cil~, to
protect said funds.
T~ereupon Commissioner Cha~ moved that the Sanford Atlantic National Bank and
Florida State Bank of Sanford be designated as depositaries of City of Sanford funds
during the year 1950.
Seconded by Commissioner Dyeon and carried.
The meeting then adjourned until 8:00 o'clock P M. January 16, 1950.
Attest: ..~
City Cle~