062551-Regular Session MINUTES
City Commission, Sanford, Florida, ....... {..u..~...~5....~.}....~...~.~?.. ................. 19.2!
The City Commission of the 0ity of Banford, Florida, met in regular session at the City
Hall in the City of Sanford, Florida, at 8:00 o'clock P.M. June 25, 1951.
Present: Commissioner F. A. Dyson, Mayor " Andrew Carraway
" John Ivey
" W.H. Stemper
City Attorney A. Edwin Shinholser
City Clerk H. N. Sayer
City Manager Clifford McKibbin, Jr.,
Chief of Police R. G. Williams
Meeting called~ order by the Chairman.
The following bids next submitted for furnishing diesel fuel oil for the water pumping
station for one year, which were opened publicly at 4:00 o'clock P. M. June 21.
Standard Oil Company .llO?~ per gallon
Gulf Oil Corporation .llO?~ per sallon, less 1% discount 10-days
Texas Company .l~ per gallon
Orange State Oil Company .llO~ per gallon
Thereupon after comparison of prices submitted, Commissioner Carraway moved that the con-
tract be awarded to the lowest bidder, that of Gulf Oil Corporation at net price of .1596~ per
gallon.
Seconded by Commissioner Btemper and carried.
The following bids next submitted for furnishing lubricating oil for motor vehicles and
equipment for one year, which were opened publicly at 4:$~ P.M. June
Texas Company Non-detergent Texas Motor Oil .513~ per gallon
Gulf Oil Corporation " , Gulfpride .83~ , "
" " " " '" Gulflobe · 56~ " "
" " " " " Gulf Fleet .50~ " "
" " " Detergent Fulg Fleet .63~ # H
Seaboard Oil Company Non-detergent Purol Motor 011 .50~ "
Orange State 011 Co. Detergent 0-300 .68~ "
Standard Oil Company Non-detergent .50 , ,
American Oil Company " " Amoco Motor Oil .5? "
Thereupon after comparison of prices submitted and quality of oils bid upon, Commissioner
Ivey moved that the contract be mvarded to Seaboard Oil Company for furbishing Pmrol Motor Oil
at price of .50~ per gallon.
Seconded by Oommlseloner Carraway and carried.
Mr. Hugh C. Whelchel, lessee of Municipal Golf Course, next appeared and requested waiver
of current year's rent in amount of $1,500.00 and payable $300.00 monthly during period January
thru May, because he had expended considerable more than the amount of rent on capital improve-
ment to the property.
Thereupon Commissioner Carraway moved that the ~ntal clause be removed from the lease
agreement, and same died for lack ~of a second.
Commissioner Stemper then moved that the $1,500.O0 rent be waived for current year to apply
against funds expended by Mr. Whelchel for capital investments for the property during past year.
Seconded by Commissioner Ivey ami carried over the dissenting vote of Commissioner Carraway.
Commissioner Oarraway next introduced Ordinance No. 490, entitled:
AN ORDINANCE AMENDING SECTION 10 OF ORDINANCE NO. 199 OF THE CITY OF SANFORD,
FLORIDA~ PASSED AND ADOPTED NOVk~R~R 9, 193l, WHICH PRESCRIBEB PROHIBIT~NB
REGULATIONS CONCERNING SALE OF MIL~ AND MILK PRODUCTS IN THE CITY OF SANFORD,
2'58
I~4075o
MINUTES
Ci~:y Commission, Sanford, Florida, June. 25. at 8 P.~ 19 51
water plant property at a price of $750.00.
not being utilized by the water plant.
Thereupon after careful consideration
This portion of the property facing on Elm Avenue
it was felt that it would not be fore the best interest
of the City to dispose of the aforesaid property at this time, but on motion of Commissioner
Stemper, seconded by Commissioner Ivey and carried, the Commission agreed to lease it to Mr.
Horn for a period of five years at a rental of $40.00 per month, subject to his acceptance.
Request next received for installation of street light at intersection of Hickory Avenue
and 5th Street and on motion duly carried, same was ordered filed for consideration in next
year's budget.
Request next received from Lynn Twymann who is employed at Folds Market at corner of Palmetto
Avenue and 3rd Street for a reserved parking space for his car on north side of Third Street, near
the market because of his physical affliction of having~ to walk on crutches.
Thereupon Commtssloner Stemper moved that the request be granted.
Seconded by Commissioner Ivey and carried.
Request next received from Dr. Ringling, colored dentist, for reserved parking space in
front of his office at 317 Sanford Avenue, and on motion of ~ommissioner Carraway, seconded by
Commissioner Ivey and carried, same was denied.
The following contract agreement between City and Sanford Housing Authority for supplying
water for Castle Brewer Court, William Clark Court, and Edward Higgins Terrace, next submitted,
a~d on motion of Commissioner Carraway, seconded by Commissioner Stemper and carried, same was
approved and the Mayor and Clerk authorized to execute it on behalf of the City:
WATER CONTRACT
between
CITY OF SANFOP~, FLORIDA
and
THE HOUSING AUTHORITY OF THE CITY OF S~NFORD,FLORIDA.
This Agreement, made and entered into this 29th day of June 195l, between City of Sanford,
Florida, a municipal corporation organized and existing under and by virtue of the laws of
the State of Florida, hereinafter called the City and The Housing Authority of the City
of Sanford, Florida, a public body organized and existing under the laws of the State of
Florida, hereinafter called the "Authority".
WITNESSETH:
WHEREAS, the City is engaged in the business of supplying water to customers within the
City of Sanford; and
WHEREAS, the Authority under the powers vested by the Housing Authorities Law is engaged
in the construction and operation of low-rent houeing proJects to relieve the serious
lack of safe and mnitary dwelling accommodations for families of the lowest income; and
WHEREAS, The dwellings constructed by the Authority shall be erected in
the City of Sanford which are described as follows:
those areas of
1. Castle Brewer Court (Project Florida 16-1):
Block lC, Tier 16; Block lC, Tier 17, Block lC, Tier 18; Block lC, Tier 19,
of Seminole Park, Sanford, Florida, as Recorded in Plat Book 2, Page 75 of
the Public Records of Seminole County, Florida; and Block ll, Tier 16; Block ll,
Tier 17; Block ll; Tier 18; Block ll, Tier 19, of E. R. Traffords Map of Sanford,
Florida as recorded in Plat Book l, Pages 56 to 64 of the Public Records of
Seminole County, Florida; and Block 27 of Robinson's Survey of an addition to
Sanford, Florida, as recorded in Plat Book l, Page 92 of the Public Records of
Seminole County, Florida.
2. William Clark Court (Project Florida 16-2)
Block ll, Tier 20 of Florida Land and Colonization Company limited Map of the
St. Gertrude addition to the Town of Sanford, Florida as recorded in Plat Book l,
Page ll7 of the Public Records of Seminole County, Florida; That part lying east
of Cloud Branch of Lots 3, 4, 9 and lO and all of Lot 5, F. H. Rand's Addition
to Sanford, Florida as recorded in Plat Book l, Page 131 of the Public Records
of Seminole County, Florida;
Beginning at a point in the center of Cloud Branch 440 North and 639.6 feet East
of the S. W. Corner of the SE~ of. Se~i~n?6~_ Township~ ~ .... 19~,~_.~South,~Range~+30 East,
MINUTES
City Commission, Sanford, Florida,-~-..u--.-n.~-.--25 ~-.-.8-.--P-:-~-~ ....................... 19 53.
Page 92 of the Public Records of Seminole County,
3. Edward Higglns Terrace (Project Florida 16-3):
Block 5 and 6, Tier 14 of Florida Land and Colonization Company Limited Map
of the St. Gertrude addition to the Town of Sanford, Florida as recorded in
Plat Book l, Pages ll2 and ll3 of Public Records of Seminole County, Florida.
WHEREAS, the City desires to supply the Authority with water services to be used
by the Authority and the tenants of the housing project; and
WHEREAS, all parties to this contract have duly authorized its execution,
NOW, THEREFORE, in consideration of the mutual covenants herein contained and other
good and valuable consideration, the parties agree as follows:
Supply of water. The City, will, from the date of initial delivery to the
date of expiration of this contract or any renewal thereof, supply the water
requirements of the Authority and the tenants of the housing project.
Determination of Date of Initial Delivery. The date of initial delivery
hereunder shall be t he date on which the City first furnishes water to
the Authority at the project site after proper notice in writing from the
Authority in accordance with Section 3.
3. Notice to Commence Deliverl~,. The City shall be authorized and required to
make initial delivery upon l0 days written notice from the Authority.
Term of Contract. This contract shall be deemed to be effective from the
date of execution hereof and shall continue in full force and effect for a
period of 5 years. At the end of such period or any renewal period, as
hereinafter provided, without further action by either of the parties hereto,
the contract shall be renewed and continued in full force and effect for an
additional term of 5 years, unless either of the parties hereto shall on or
before 90 days prior to the expiration of any such period give written notice
to the other party that said contract shall not be so renewed; Provided, how-
ever, that all obligations of the parties hereto wit h regard to the rendition
of service and payment therefor shall commence from the date of initial delivery
as defined in Section 2 hereof.
Mains and Meters. The City agrees to furnish, install and maintain in proper
working order water mains of ample and sufficient size to t~e metering point or
points of the project, and to furnish, install and maintain in proper working
order the necessary master meter or meters for the project, without cost to the
Authority.
Accuracy of Meters. The meters used in determining the amount of water supplied
hereunder shall, by comparison with accurate standards, be tested and calibrated
by the City at intervals of not to exceed twelve months. If any meter shall be
found inaccurate or incorrect, it shall be restored to an accurate condition or a
new meter shall be substituted by the Clty. The Authority shall have the right
to request that a special meter test be made at any time. If any tests made at
the Authority's request discloses that the meter tested is registering correctly,
or within 2~ of normal, the Authority shall bear the expenses of such test. The
expense of all other tests shall be borne by the City. The results of all such
tests and calibrations shall be open to examination by the Authority and a report
of every test sh~ll be furnished immediately to the Authority. If the meter is
tested and found to be not more than 2~ above or below normal it shall be con-
sidered to be correct and accurate, insofar as correction of billing is concenred.
If as a result of any such test said meter is found to register a variation in
excess of 2~ from normal, correction shall be made in the billing, but no such
correction shall extend beyond ninety (90) days previous to the day on which the
inaccuracy is discovered by test. The correction shall be based on the assump-
tion that the consumption was the same as for the most nearly comparable periods
of like operation (to be agreed upon by the parties hereto) during which service
was correctly metered.
?. Rarest.
For the first 2000 gallons of water used 585
(fifty-eaight cents) per thousand.
For the next 3000 gallons of water used 43¢ (forty-three cents) per thousand.
For the next 5000 gallons of water used 36~ (thirty-six cents) oer thousand.
For all over 10,000 gallo~s of water used and not exceeding 50,000 gallons of
water used at 29~ (twenty nine cents) per thousand.
For all over 50,O00_of waZer used and not excee~ lO0,O00 gallons of water
used at 24~ (twenty four cents) per thousand.
For all over 100,000 gallons of water used and not exceeding 200,000 gallons of
water used at 15~ (fifteen cents) per thousand.
For all over 200,000 gallons of water used and not exceeding 300,000 gallons of
water used at lO~ (Ten Cents) per thousand.
For all water used in excess of 300,000 gallons at ?~ (seven and one-half cents)
per thousand gallons.
260
H-4075~
MINUTES
City Commission, Sanford, Florida, J~n~ ~5 ~ .i~.P~M~ 19 51
register the consumption of water for said housing projects t he readings of all such
master meters will be totallzed and considered as one for the purpose of rates and
billing as agreed to herein.
8. Amendment of Contract. Nothing in this contract shall be deemed or construed to
preclude the Authority and the City from changing, amending, or revising the rates
agreed to herein, provided the ~rties hereto shall mutually agree upon said change,
amendment or revision. If the City shall reduce or increase the general rates for
water service in the City of Sanford, the rates herein named shall be reduced or in-
creased in proportion to such reduction or increase.
9. ~eadin5 of Meters. The meters and metering equipment and instruments shall be
read monthly by a representative of the City and a representative of the Authority.
The City and the Authority shall agree upon a date or dates upon which the meters
shall be read for billing purposes. This date shall be the same for each month of
the year unless said date falls on Sunday or a holiday, in which case the reading
shall be made on the day following the Sunday or holiday.
lC. Billing and Payment. The period of time elapsing between monthly readings shall
constitute the monthly billing period. Within ten days following meter readings for
water service the City shall render a bill to the Authority. Payment of said bill
shall be made on or before the tenth day,following the date of rendition, due al-
lowance being made when the ten~ day falls on Sunday or legal holiday.
ll. ~enalties for Non-Payment. If .ny bill is not paid within thirty (30) days
afterthe tenth day following the d~te of r endition, it shall be considered in de-
fault, and the City may, at its option and wi~kout liability therefor, suspend
service to the Authority lO days after giving notice in writing of its intention
to do so. Suspension of service for such cause shall not discharge or acquit the
Authority of its obligations, or any obligations, under this agreement, nor shall
such suspension exclude the City from any remedy which it may have at law, or in
equity, to enforce any of the provisions of this contract. The City shall have the
right to cancel this agreement for non-payment of any bill when due, provided,
however, said thirty days have elapsed, said written notice has been given and the
time granted thereby has elapsed and said bill continues to remain unpaid. In the
event of such cancellation of parties shall be released from all obligations here-
under.
12. Standard of Service. The water to be furnished under the terms of this con-
tract shall be '6f 'g0o~, 61ear and wholesome quality. It shall be supplied in
quantities sufficient for all the normal or ordinary purposes and needs of the
housing project and the tenants thereof. The City shall use all reasonable dili-
gence in providing a constant and uninterrapted supply of water service from the
date of initial delivery, but the City shall not be liable to the Authority nor
shall the Authority be liable to the City hereunder by reason of failure of the
City to deliver or the Authority to receive water service as the result of fire,
strike, riot, explosion, flood, accident, breakdown, acts of God, or the public
enemy, or other acts beyond the control of the party affected; it being the in-
tention of each party to relieve the other of the obligation to supply water
service or to receive and pay for water service, when, as a result of any of
the above-mentioned causes, either party may be unable to deliver or use in
whole or in part the water service herein agreed to be delivered and received.
Both parties shall be prompt and diligent in removing and overcoming such cause
or causes of said interruption, but nothing herein contained shall be construed
as permitting the City to refuse to deliver or the Authority to refuse to receive
water service after such cause of interruption has been removed. In case of im-
paired or defective service, the Authority shall immediately give notice to the
nearest office of the City by telephone or otherwise, confirming such notice in
writing as soon thereafter as practicable.
13. Rights of Utility.
(a) The Authority hereby grants to the City at all reasonable hours, by its duly
authorized agents and employees, the free right of io4~ress to and egress from the
premises of the Authority for the purpose of inspecting, repairing, replacing or
removing the property of the City, of reading meters, or of performing any work
incidental to the supplying of all service hereby contracted f or.
(b) The City shall have the right to contract with and render water service to
individual commercial consumers on the project, but no such contract shall be
entered into without the approval of the Authority in writing.
(c) The City shall have the right to shut off the supply of water to the Authority,
without notice, only l~ cases of emergency. If the City shall find it necessary to
shut off the supply of water to the Authority to make replacements or repairs, or
for other reason, and no emergency exists, the City shall give the Authority reasonable
notice of its intentions, including the approximate time and duration of such in-
terruption of service.
14. This Agreement shall be inding upon the successors or legal assigns of either
of the parties hereto; provided, however, that no sale, transfer or assignment of
this con tact or any right thereunder shall be made by the City without the consent
of the Authority.
15. Previous Contracts Superseded. This agreement supersedes all previous contracts
or representations, either writte~ or verbal, heretofore in effect by and between the
City and the Authority with respect to matters herein contained, and constitutes the
sole contract by and between the parties hereto concerning those matters.
MINUTES
City Commission, Sanford, Florida,_...~.9....25. a~....~....P.:... M..~. .................. 19 51
written above.
Attest:
H. N. Sayer,
City Clerk
Attest:
George~ H. Williams, Jr.,
Secretary.
City of Sanford, Florida.
BY: F. A. Dyson
Mayor-Commissioner
THE HOUSING AUTHORITY OF T HE CITY OF
BANF C~, FLORIDA.
BY: R. T. Cowan,
~hairman
The matter of trimming and demosslng trees on street parkways and assessing the cost against
the abutting property was next referred to the City Attorney for a legal opinion on City's
authority.
The City Attorney next advised that the Terminal Bonds were validated by Circuit Court
on June 15, and that the petitioners against the validation had until July 5, to file notice
of appeal to State Supreme Court.
The City Nanager next advised that the Board of County Commissioners will permit use of
County roads for pipe and power line to the proposed wells to be located on old Lake u, ry road,
and that an alternate route across the property of A. B. Peterson~s being investigated as to
comparative cost and feasibility of using another site for a well,
The following letter was next submitted from the unofficially appointed Committee, of
which four were appointed by the Commtssioners and the fifth by said Committee, to suggest
five names as an aid in considering the appointment of a City Commissioner to fill the vacancy
created by resignation of Sam A. Martina, Jr., to serve until next general election to be held on
November 6, 195l, at which time the electors will vote to elect a Commissioner to serve the re-
mainder of unexpired term
Board of Commissioners,
City of Sanford, Florida.
Gentlemen:
June 23, 1951.
The ~ndersigned met as requested and offer the following list of
names as a suggestion and aid to you in considering the selection
of a commissioner to fill the existing vacancy.
The names, as listed, are not in any order of preference.
George D. Bishop
Harry Lee
W. V. Bitting
George ~Ane
John Krider
Respectfully submitted,
S/ J. L. Ingley
W. P. Brooks, Jr.,
H. James Gut
Elton J. Moughton
Commissioner Btemper then moved that George A. Stine be appointed as City Commissioner
to fill the vacancy on the Commission, and same died for a lack of a second.
Thereupon Commissioner carraway moved that W. V. Bitting be appointed to fill the vacancy
creaZed by resignation of Commissioner Martina.
Seconded by Commissioner Ivey and carried over the dissenting vote of Commissioner Stemper.
Thereupon W. V. Bitting was declared to be the duly appointed City Commissioner to serve
until next general election to be held in November, 1951.
262
MINUTES
City Commission, Sanford, Florida, JRne 25...at 8 P.M. .19 51
and on motion of Commissioner Ivey, seconded by Commissioner Stemper and carried, the City Clerk
was appointed Acting City Manager during his absence.
There being no further business the meeting then adjourned until 8:00 o'clock P.M. July 2,
1951, to meet as a Tax Equalization Board.
MAYOR
Attest:
Cit~ k
MINUTED OF ADJOURNED MEETING OF JULY 2, 1951.
The City Commission of the City of Sanford, Florida, met in adjourned session at the City
Hall in the City of Sanford, Florida, at 8:00 o'clock P.M. July 2, 1951. to receive the Tax
Assessment Roll for the year 195l, as prepared by the City Tax Assessor, and to sit as a Tax
but due to lack of a quorum immediately adjourned until 8:00 o'clock P.M.
Equalization Board,
July 30, 1951.
ATTEST: