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032750-Regular Session58 MINUTES City Commission, Sanford, Florida, March 27, ak. 8 P-M ..... 19 50 Hall The City Commission of the City of Canford Florida, met in regular session at the City in the City of Sanford, Florida, at 8:00 o'clock P.M. March 2?, 1950. Mayor. Commissioner Andrew Carraw~y, Randall Chase F A Dyeon John Krider Sr. W.H. Stemper City Attorney A.Edwln Shinholser City Manager Clifford McKibbin Jr. City Clerk H N Cayer Chief of Police R.G. Willlams Meeting called to order by the Chairman and on roll call the following members of the City Commission were found to be present: Messrs Andrew Carraway, Randall Chase, F A Dyson, John Krider Sr. and W.H. Stemper. Mr George H Williams, Jr. Executive Director of 5anford Housing Authority next appeared and submitted the Cooperative Agreement to be entered into between the City and said Housing Authority relative to the construction of 125 low-rent dwelling units in Sanford, and same was read in full. Commissioner Krlder then introduced Resolution No. ??4, and after being read in full, moved its passage and adoption. Seconded by Commlssloner. Dyson and carried by the following vote of the Commission: Commissioner Carraway Aye " Chase Aye " Dyson Aye " Krider Aye " Stemper Aye said resolution No. ??4 belng entitled: A RESOLUTION O? THE CITY COMMISSION OF THE CITY OF SANVORD, FLORIDA, APPROVING THE ADOPTION OF A COOPERATION AGREEP~ENT BETWEEN THE CITY OF CANFORD AND THE HOUSING AUTMORITY OF THE CITY OF SAN~OMD, FLORIDA. WHEREAS, the Housing Authority of~ the City of ~anford~, Florida, is. endeavoring to- secure .additional housing units' to::house fsmllies i~ the lower income bracket which private enterprise cannot provide; and WHEREAS, on November 2, 19~9, the Public Housing Administration issued Program Reser- vation No. Fla 16-A to the Authority, covering an aggregate of 125 units of low-rent housing to be developed and located within the corporate limits of the City of Canford, Florida; and WHEREAS, the Authority may hereafter apply for additional Program Reservations; and WHEREAS, the Authority proposes to enter into one or more contracts with the PHA for loans and annual contributions in connection wit~ the development and administration of such low-rent housing, all pursuant to the United Ststes Housing Act of 1937, as amended; and WHEREAS , the Public Housing Administration requires that a Cooperation Agreement be executed between the Authority and the City; and WHEREAS, the Authority at a special meeting held on March 21, 1950, adopted the following Cooperation Agreement and authorized the Chairman of the Authority to execute the Agreement on the behalf of the Authority; NOW THE~.E?OBE BE IT RESOLVED: ~=..~+~.-..-* I ~1~ ~^11,~ ~t~ A~',~,mm~4*. '1'~¢~t'...=~*r, t,h~ 0. t$.v ir11~* ,~r1'~T~ ~nd Present: MINUTES City Commission, Sanford, ~orida, ........... ~....~....~...~.~.~.~...~..._19 50 COOPERATION AGREEmeNT This Agreement entered into this 27th day of March, 1950 by and between The Housing Authority of the City of Sanford , Florida ( herein called the "Local Authority" ) and the City of Oanford, Florida, ( Herein called the "City.") Whereas, ~e Local Authority has received from the Public Housing Administration (herein called the "PHA") a Program Reservation for 125 units of low-rent housing to be developed and located within the corporate limits of the City and may hereafter apply for additional Program Reservations; and WHEREAS, The Local Authority proposes to enter into one or more contracts with the PHA for loans and annual contributions in connection with the developement and adminstration of such low-rent housing, all pursuant to the United States Housing Act of 1937, as amended herein called the "AC%"); and WHEREAS, the City is desirous of assisting and cooperating with the Local Authority in such undertaking and of complying with the provisions of Sections l0 (a) l0 (h) and 15 (?) (b) of the Act as well as all other applicable provisions t~ereof. NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, the Local Authority and the City do agree: 1.Whenever used in this Agreement: (a) The term "Project" shall mean any low rent housing hereafter developed as one operation by the Local Authority with financial assistance of the PHA and included within Program Reservation No. Fla 16-A issued by the PHA to the Local Authority on November 2nd 1949, covering an sggregate of 125 units of low-rent housing. un it A Project will generally be (b; The term" Taxing Body" thereof ( including the City located on a single site but may be on scsttered sites. shall mean the State or any political subdivision or taxing ) in which a Project is situated and which would have authority to assess or levy real or personal property taxes or to certify such taxes to a taxing body or public ol'ficer to be levied for its use and benefit with respect to a Project if it were not exempt from taxation. (c) The' term" Shelter Rent" shall mean the total of all charges to all tenants of a Project for dwellln6 rents and non-dwelling rents ( excluding all otaer income of such Project ), less the cost to the Local Authority of all dwelling and non-dwelling utilities (d) The term "Slum" means any area where dwellings predominate which, by reason of dilapidation, overcrowding, faulty arrangement or design, lack of ventilation, light or sanitation facilities, or any combination of these factors, are detrimental to safety, health or morals. 2. The Local Authority shall endeavor to secure a contract or contracts with the PHA for loans and annual contributions, and undertake to develop an~ administer one or more Projects. 3. Under the constitution and statutes of the State of Florida, all Projects are exempt from all real and perso~l property taxes and special assessments levied or imposed by any Taxing Body; and, with respect to any Project, so long as either (a) such Project is used for low-rent housing purposes, or (b) any contract between the Local Authority and the PHA for loans or annual contributions, or both, in connection with such Project shall remain in force and effect, or (c) any bonds issued in connection with such Project shall remain outstanding, whichever period is the longest, the City agrees that it will ¸6O MINUTES City Commission, Sanford, Florida,.....~rc]~ .2.~..~t ..8 P M. .. 19 50 lieu of such taxes and special assessments and in payment for public services and facilities furnished for or with respect to Such Project. Each such annual payment in lieu of Taxes shall be made after the end of the fiscal year established for such Project, and shall be in an amount equal to either (a) Ten per cent (10%) of the aggregate shelter rent charged by the Local Authority in respect to such Pro- Ject during such fiscal year or (b) the amount permitted to be paid by applicable state law in effect on the date of this Cooperation Agreement whichever amount is the lower; provided, however, that upon failure of the Local Authority to make any such Payment in Lieu of Taxes, no lien against any Project or assets of the Local Authority shall attach. The City shall distribute the Payments in lieu of Taxes among the Taxing Bodies in the proportion which the real property taxes which would have been paid to each Taxing Body for such year if the Project were not exempt from taXation bears to the total real property taxes wnlch would have been paid to all of the Taxing Bodies for such year if the Project were not exempt from taxation; provided, however, that no payment for any year shall be made to any TaXing Body ( including the City) in excess of the amount of the real property taxes which would have been paid exempt from taxation. 4. The City agrees that, subsequent to the date of initiation ( Act) of such Project and wl~n five years a~ter the completion thereof, to such Taxing Body for such year if the Project were not as defined in the or such further period as may be approved by the PHA, there has been or will be elimination ( as approved by the PHA) by demolition, condemnation, effective closing, or compulsory repair of im- provement, of unsafe or insanitary dwelling units situated in the locality or metropolitan to the number area of the City substantially equal in number/of newly constructed dwelling units provided by such Project; provided, t~at , where more than one family is living in an unsafe or in- sanitary dwelling unit, the elimination of such unit shall count as the elimination of units equal to the number of families accomodated therein; and provided, further, that this paragraph 4 shall not apply in the case of (a) any Project developed on t~e site of a Slum cleared suasequent ko July 15, 1949, and that the dwelling units eliminated by the clear- ance of the site of such Project shall not be counted as elimination for any other Project or any other low-rent housing project, or (b) any Project located in a rural non-farm area. 5. During the period commencing with the date of the acquisition of any part of the site or sites of any Project and continuing so long as either (a) such Project is used for low-rent housing purposes, or (b) any contract between the local Authority and the PHA for loan loans or annual contributions, or bo~h, with respect to such Project shall remain in force and effect, or (c) any bonds issued in connection with such Project shall remain out- standing, whichever period is the longeet,the City, without cost or charge to the Local Authority or the tenants of such Project ( other than the Payments in Lieu of Taxes) shall: (a) furnish or cause to be furnished to the Local Authority and the tenants of such Project (1) the public services and facilities which are at the date hereof being furnished without cost or charge to other dwellings and inhabitants in the City, including but not limited to: educational, fire, police and health protection and services; maintenance and repair of public streets, roads, alleys, sewer and water system; garbage, brash and ash collection and disposal; street lighting on public streets and roads within such project and on the boundaries thereof; and adequate sewer services for such Project; and (ii) also such additional public services and facilities as may from time to time hereafter be furnish- MINUTES City Commission, S~nfo~d, Flo~ida,~r. ch...27.~.....~.~...~....P.-lt ...................... 19 50. such interest as the City may have able to do so without cost or expense to be removed from such vacated areas, private utility lines and equipment: in such vacated areas; and, insofar as it is lawfully to the Local Authority and/or to the City, cause insofar ~ it may be necessary, all public or (c) insofar as the City may lawfully do so, grant such waivers of the building code of the City as are reasonable and necessary to promote economy and efficiency in the development and administration of such Project; and make such changea in any zoning of the site and surrounding territory of such Project as are reasonable and necessary for the development and protection thereof; (d) accept grants of easementa necessary for the development of such Project; and (e) Cooperate with the Local Authority by such other lawful action or ways as the City and the Local Authority may find necessary in connection with the development and admin- istration of such Project. 6. In respect to any Project the City further agrees that within a reasonable time after receipt of a written request therefor from the Local Authoril~: (a) it will accept the dedication of all interior streets,roads, alleys, and adjacent sidewalks within the area of such Project after the Local Authority, at its own expense, has completed the grading, improvement, and paving thereof in accordance with specifi- cations acceptable to the City; and (b) it will accept necessary dedications of land for, and will grade, improve and pave, all streets bounding such Project as necessary to provide adequate access thereto ( in consideration whereof the Local Authority shall pay to the City such amount as would be assessed against the Project site for such work if it were privately owned); and (c) it will provide, or cause to be provided, water mains, and storm and sanitary sewer mains, leading to such Project and serving the bqunding streets thereof ( i~ consideration whereof the Local Authority shall pay to the City such amount as would be assessed against the Project site if it were privately owned.) ?. If the City shall, within a reasonable time after written notice from the Authority, fall or refuse to furnish or cause to be furnished any of the services or facilities which it is obligated hereunder to furnish or cause to be furnished to the Local Authority or to any Project, then the Locsl Authority may proceed to obtain such services or facilities elsewhere, and deduct the cost therefor from any Payments in Lieu of Taxes due or to become due to the City in respect to any Project or any other low-rent housing projects assisted or owned by the PHA. 8. So long as any contract between the Local Authority and the PHA for loans (including preliminary loans ) or annual contributions, or both, with respect to any Project shall remain in force and effect, or so long as any bonds issued in connection with such Project shall remain outstanding, this Agreement shall not be abrogated, changed, or modified without the consent of the PHA. The privileges and obligations of the City hereunder shall remain in full force and effect with respect to each Project so long as the beneficial title to such Project is held by the Local Authority or some other public body or govern- mental agency, including the PHA, authorized by law to engage in the development or adminia- tration of low-rent housing projects. If at any time the beneficial t~le to, or possession of any Project is held by such other public body or governmental agency including the PMA, the provisions hereof shall inure to the benefit of and may be enforced by, such 6¸2 MINUTES City Commission, Sanford, Florida, March_ 27....at 8 P ~ ..... 19 50 (SEAL) ATTEST: ~.N.S~ver City Clerk. (SEAL) ATTEST: ~eorge H Williams Jr. Secretary. Section 2. The Mayor-Commissioner of the City CITY OF SANFORD, FLORIDA By Andrew Carraw~y Mayor-Commissioner The Housing Authority of the City of Sanford, Florida. by · Edward Higgins Chairman. of Sanford is authorized to execute the foregoing Cooperation Agreement in quadruplicate on behalf of the City of Sanford, and the City Clerk of the City of Sanford is hereby authorized and directed to impress the oIflcial seal of the City of Sanford on each of said four counterparts of said ~oopera- %ion Agreement and to attest said seal. PASSED AND ADOPTED tbls 2?th day of ~arch 1950. (SEAL) ATTEST H. N Sa~er City Clerk. Andrew Carrawa~ Mayor-Commissioner Randall Chase Commissioner John Krider Commissioner Stemper Commissioner F.A.D~son Commissioner Mr. C A Maddy, Vice-President of Fellowship Foundation, next appeared with further reference to request to plat the tract of land lying north of the B.O.Q building at airport into lots and sub-lease them for the purpose of constructing dwellings thereon, and submitted the proposed plat, to be designated as Fellowship Park No. 1. He also submitted a proposed plat of the property described as Block E under the lease agreement, to be designated as Fellowship Park No. 2, to be used for same purpose. The City Attorney then advised the Commission that the City as owner of the property would be required to dedicate the proposed plats in order to conform with the requirements of state laws providing for the dedication of plats. Thereupon after careful cor~ideratlon it was felt th8t it would not be for the best interest of the City to approve and dedicate the proposed plats because it would indicate that the City was approving the program of Fellowship Foundation to sub-lease %he lots %o individuals, therefore said dedication and approval were declined. Ur. H H Coleman, local manager of Florida Power & Light Company next appeared with refer~ce to application of Fellowship Foundation for an extension of approximately 400 feet of power line at the airport for a new service, which would cost approximately $125.oo. Thereupon Mr. Coleman was advised that Fellowship Foundation as Lessee of the property would be responsible for any cost in connection with said service. MINUTES City Commission, Sanford, Florida,_~a~.~..2.Z .a~....8_.P_.~ ....................... 19.50 would have to be neEotiated and approved before payment of any rental could be authorized. He also requested the Commission to give further considerstion to selling the distribution system to the Company. Matter taken under advisement. Mr. S.A. Allen, operator of Sanford Transit Lines, next appeared and advised that he would be forced to cease operation of his bus lines because the owner of the buses is terminating hie lease on them within thirt~ dans. He also submitted a financial statement showing a net loss of $1,982.24 for past ten months operation. Mr. Allen then stated that in order to maintain a hue service in Sanford that he would be willing to purchase three new buses at an approximate cost of $12,000.00, which could be operated at a minimum maintenance expense, and devote ~ls time free in supervlslr~ its operation, in order that it be self supporting, but that he would need some financial assistance in securing a loan to make the initial pa~ment of $4,000.00 on the buses, and requested the City to endorse or under,trite the initial p~yment. Matter taken under advisement. Request next received from Daughters of American Revolution that Fourth Street Park be set aside for location of Proposed General Sanford Library and ~useum building, and same ~as referred to the uity AttorneN for legal advice as to use of the park for this purpose. Ordinance No. AN ORDINANCE entitled: OF THE CITY OF SANFORD, FLORIDA, M~NDING SCHEDULE NUMBER 4 OF ORDINANCE NUMBER 4~2, PASSED AND ADOPTED DECEMBER 29, 19~8, BEING AN ORDINANCE REC~3LATING TRAFFIC IN THE CITY OF SANFORD, BY DESIGNATING IN SAID SCHEDULE AS ADDITIONAL THROUGH STREETS CERTAIN PORTIONS OF 20 TH STREET AND CERTAIN PORTIONS OF 2ND BTREET IN THE CITY_ OF SAN~ORD, FLORIDA introduced and placed on its first reading at the regular meeting of March 1~, 1950 next placed on its final readinE and read in full. Thereupon the roll was called for final passage and adoption of said Ordinance No. the vote being as follows: Commissioner C arrawaN Aye " Chase Aye " Dyson Aye " Kr lde r Ay e " Stemper Aye Thereupon the Chairman announced that the City Commission of the City of Sanford, Florida, by unanimous vote has passed and adopted said Ordinance No. ~68, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, ~ENDING SCHEDULE NUMBER 4 OF ORDINANCE NUMBER ~42, PASSED AND ADOPTED DEC~qBER 29, 19~8, BEING AN ORDINANCE REGULATING TRAFFIC IN THE CITY OF SANFORD, BY DESIGNATING IN SAID SCHEDULE AS ADDITIONAL THROUGH STREETS CERTAIN PORTIONS OF 20TH STREET AND CERTAIN PORTIONS OF 2ND. STREET IN THE CITY OF SANFORD, FLORIDA. the City Commies!on nf the City of °.nford, 64 MINUTES City Commission, Sanford, Florida,..~ch 2~ ...~. ~ P ~.. 19 50 OF SAID ORDINANCE, DESIGNATING SAID ELEVENTH CLASS OF DISTWICT AS R-1-B and SETTING OUT THE USES, LIMITATIONS AND REQUIREMENTS PERTAINING TO SUCH CLASS ON DISTRICT; AND FURTHER A~ENDING SAID ORDINANCE NO. 362 AS AMENDED BY TRANSFERRING CERTAIN TERRITORY IN DISTRICT R-1-A to DISTRICT R-l-B, AND TRANSFERRING CERTAIN TERRITORY IN DISTRICT R-1 to DISTRICT C-1. introduced and placed on its first reading at the regular adjourned meeting of March 20, 1950, was next placed on its final reading and read in full. Thereupon the roll was called for the final passage and adoption of said Ordinance No. 469, the vote being as follows: Commissioner Carraway Aye " Chase Aye " 0yson " Krider Aye " Stemper Aye Thereupon the Chairman announced that the City Commission of %he City of Sanford, Florida, by unanimous vote had passed and adopted said Ordinance No. 469, entitled: ORDINANCE NO. 469 AN ORDINANCE OF THE CITY OF SANFOBD, FLORIDA A~ENDING ORDINANCE NUMBER 362 OF THE CITY OF SANFORD AS AN~IDED, SANE BEING THE ZONING ORDINANCE OF THE CITY OF SANFORD, BY PROVIDING FOR AN ELEVENTH CLASS OF DISTRICT INTO WHICH SAID CITY IS DIVIDED FOR THE PURPOSES OF SAID ORDINANCE, DESIGNATING SAID ELEVENTH CLASS OF DISTRICT AS R-1-B AND SETTING PUT THE USES, LIMITATIONS AND REQUIREMENTS PERTAINING TO SUCH CLASS OF DISTRICT; AND FURTHER ARENDING SAID ORDINANCE NO 362 AS AMENDED BY TRANSFERRING CERTAIN TERRITORY IN DISTRICT R-1-A TO DISTRICT R-l-B, AND TRANSFERRING CERTAIN TERRITORY IN DISTRICT R-1 TO DISTRICT C-1. Pursuant to request that the property between San Carlos Avenue and Mellonville Avenue and First Street and Seminole Boulevard be rezoned from R-l-AA ( Single Family) to R-2 ( Multiple Family), recommendation next received from Zoning Board of Appeals that such rezoning would not be desirable and for best interest of City, but that consideration would be given to request for variance, if the plans submitted were in keeping with the neighborhood. On motion of Commissioner Dyson, seconded by Commissioner Krider and carried, the Commission next authorized the remainder of City owned property in Mellonvllle Sub- division lying north of First Street be placed on the m~rket for sale at a price of $20.00 per front foot. ~inutes of regular meeting of March 13, and special meeting of March 16, 1950, next approved. On motion of Commissioner Krlder, seconded by Commissioner Stemper and carried, the City Clerk and City Attorney were next authorized access to safety deposit box at San- ford Atlantic National Bank for purpose of storing $6,000.00 U.S.Treasury 25 Series "G" Bonds purchased for Policemen's Pension Fund and $4,000.00 of said bonds purchased for Firemen's Relief and Pension Fund. On motion of Commissioner Stemper, seconded by Commissioner Dyson and carried, the Commission next approved conveyance of,Lot 18 Magnolia Heights to Clifford Francis Proctor, and Lot 20 Magnolia Heights, to James S. Williamson Jr. veterans of World War II, which were conveyed without cost under authority of Special Act of 1945 Legislature authorizing housing program for veterans. The Clerk next advised that Wade H.Raulereon, former police officer, who was injured in line of duty on Feb. l, 1945, resulting from accident involved by motor vehicle driven by Clarence C.Welsh, had settled his suit against Mr. Welsh for damages, and had del~ered the City a check in sum of $200.00 toward payment of funds in amount of $3,177.46 advanced him for payment of medical fees, hospitalization, living expenses