070951-Regular Session MINUTES
City Commission, Sanforcl, ........................
The Olty Commission of the City of Sanford, Florida, met in reEular session at the City
Hall in the City of Sanford, Florida, at 8:00 o'clock P. M. July 9, 1951.
Present:
Oommiesioner F. A. Dyson, Mayor
" Andrew Carraway
" W.H. Stamper
Commissioner-Elect W. V. Bitting
City Attorney A. Edwin Shinholeer
.City Clerk H. N. Sayer
Chief of Police R. G. Williams
Absent:
Commissioner John D. Ivey
City Manager Clifford McKibbin, Jr.,
Meeting called to order by the Chairman.
Mr. W. V. Bitting signed the oath of office and was seated as a 0ommlssioner of the City
of Banford, Florida, to fill the vacancy created by resignation of Commissioner Sam Martins
until next general election to be held on November 6, 1951.
Monthly reports of Streets, Sanitation, Health, Water, Police, Fire and Library Departments
for month of June 1951, submitted and examined.
Financial statement and statement of revenues and expenditures for month of June 1951,
submitted and examined.
Bank statements in all accounts for month of June 1951, properly reconciled, submitted
and examined.
On motion of Commissioner Carraway, seconded by Commissioner Stamper and carried, currant
invoices and payrolls for month of June 1951, aa evidenced by Voucher Nos. 6371 thru 6511,
were next approved.
Mr. John E. Fox, Right-of-way Agent for State Road Department, next appeared with further
reference to the City furnishing the additional right-of-way for widening French Avenue to
82 feet in width from Seminole Boulevard south to Road No. 15, and submitted nroposed right-of-
way contract with City, together with copy of Resolution adopted by the State Road Depax'tment
on June 15, 1951, authorizing the approval and execution of said contract by the Road Depart-
ment.
Thereupon Commissioner Carraway introduced Resolution No. 792, ami after being read in
full, moved its-passage and adoption.
Seconded by Commissioner Btemper and carried by the following vote of'the 0ommission:
Commissioner Dyson Aye
" Bitting Aye
" Oarraway Aye
" Stamper Aye
Bald Resolution No. 792 and.Right-of-way Contract being in words and figures as follows:
RESOLUTION NO. 792
A RESOLUTION OF THE CITY OF SANFORD, FLORIDA, AUTHORIZING
SAID CITY TO PROCURE TITLE TO AND POSSESSION OF CERTAIN
LANDS ALONG FRENCH AVENUE IN SAID CITY, AND TO CONVEY AND
DELIVER THE SAME TO THE STATE ROAD DEPARTMENT FOR STATE
ROAD PURPOSES, AND AUTHORIZING AND DIRECTING THE TAKING
OF NECESSARY STEPS AND PROCEDURE TO ACCOMPLISH SUCH PUR-
POSE.
WHEREAS, The State Road Department of Florida has authorized and requested the City of
Sanford to furnish the necessary rights of way and easements for that portion of Section
of State Road No. 15-Alt., extending from State Road No. 15 Northerly along French Avenue in
Banford to Seminole Boulevard, State Road No. 15, situate in said municipality aa heretofore
surveyed and located by the State Road Department and shown by map on file in the office of the
City Clerk of said City of Sanford, and in the office of the said Department at Tallahassee, and
WHEREAS, The said Department will not begin construction of said section in said munici-
pality until title to all land necessary for said section has been conveyed to or vested in
said State by said municipality, and said lands physically cleared of all occupants, tenants,
buildings and/or other structures situate upon or encroaching within the limits of the lands
required for said section; now therefore be it
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MINUTES
City Commission, Sanford, Florida,....~Uly ? ~t ~ ?..M. .19 51
:~said lands physically clear of all occupants, tenants, buildings and/or other structures situate
upon or encroaching within the limits of the lands required for said section, and that the Mayor
and the Clerk be and they are hereby 'authorized and directed to execute and deliver, on behalf
of said City to said Department the contract in the form hereto attached; and be it further
RESOLVED that the Attorney for this municipality be, and he is hereby authorized and di-
rected to proceed to take the necessary steps for t~ City to acquire in the name of said City,
by gift, purchase, or condemnation said'rights of way and easements for said section of road,
and to prepare in the name of said City by its City Commls~on all condemnation papers, affi-
davits and pleadings, and prosecute all condemnation proceedings to Judgment; and said Attorney
is further authorized to have prepared at Said City's expense, and furnish to She Department
the abstract search provided for in said contract.
PASSED A~D ADOPTED this 9th day of July 1951.
F. A. Dyson, Mayor
Andrew Carraway
W. H. Stamper
ATTEST:
H, N, Sayer,
City Clerk.
W. V. Bitting ,
As the 01ty Commission of the
City of Sanford, Florida.
(Municipality)
RIGHT OF WAY CONTRACT
THIS AGBEEMENT made and entered, into this 9th day of July, A.D. 1951~ by and between the
STATE ROAD DEPARTMENT OF FLORIDA, a body corporate under the laws of the ~tate of Florida,
hereinafter called the "Department", and the CITY OF SANFORD, a municipal corporation of the
State of Florida, hereinafter called the "City", witnesses, that
WHEREAS, The Legislature of Florida has designated and established State Road No. 15-Alt.,
and the Department has located and surveyed a portion of said road designated as Section No.
7715, in Seminole County, Florida, and has made a survey and location of that part of said
section extending from State Road No. 15 Northerly along French Avenue in Sanford to Seminole
Boulevard, State Road No. 15, as shown on survey and location map, duly certified as provided
by law, on file in the office of the Department at Tallahassee, Florida, and on file in the
office of the Clerk of the Circuit Court of said County, and in the office of the Clerk of the
said City of Banford, and in the. Judgment of the Department, said location and survey have
been found to be practicable and to the best interest of the State, and
WHEREAS, The Department has requested and authorized said City solely at its expense, to
secure by gift, purchase or condemnation the lands and property necessary for that part of the
right of way, easements for outfa~l ditches and borrow pits for said section situate within
said municipality and shown on the right of way map of said section, and such as may hereafter
be found necessary by the Department for said section, and
WHEREAS, The City Commission of the City of Sanford, in meeting duly called and held on the
9th day of July, A. D. 1951, adopted a Resolution (copy being hereto attached as part hereof,
marked EXHIBIT #A"), signifying its agreement to comply with the Department's said requests,
and authorizing its Mayor and its Clerk, on its behalf, to execute this contract.
NOW, THEREFORE, in consideration of the premises and of the mutual undertakings hereinafter
set forth, the parties mutually covenant and agree as follows:
1. The City shal2 forthwith furnish the Department with a title search made by a reliable
Abstractor or Abstract Company or by the City Attorney, showing the present ownership and record
description of each parcel of land over which said right of way and/or easements extend with-
in said municipality, as shown on said right of way map o~ file with said City Clerk, and De-
partment, together with all unsatisfied or outstanding recorded liens or encumbrances, leases
and tax deeds, tax liens and tax certificates held by parties other than'the State. Thereupon
the Department shall prepare and furnish to the City the descriptions of said right of way and/or
easements to be acquired from each of the several parcels of lands, or interests therein, as
shown by said title search. The furnishing of said descriptions shall be solely for the assis-
tance of the City and nothing in this paragraph shall be taken or construed as the De~artment's
acceptance of the title, or quality of the title, to the land or easements show~, and shall not
release or relieve the City of its agreement herein to furnish the Department free, clear and
unencumbered title to the land required for said right of way and easements, or from any of
its covenants hereunder.
2. After the Department has furnished the City said descriptions the City shall proceed
forthwith, solely at its expense, to acquire by gift, purchase or condemnation, free, clear and
unencumbered title to the land so required as aforesaid for said project by the Department for
said right of way and easements, and convey or vest the same to or in the State of Florida for
the use of said State Road~, by good and sufficient deed or deeds, and deliver to the State
Road Department said lands physically clear of all occupants, tenants, buildings and/or other
structures situate upon or encroaching within the limits of the lands required for said project.
Any land to which the City has heretofore acquired free, clear and unencumbered title, which
may be necessary for said right of way and/or easements, shall be conveyed by the City to the
State for the said use under the provisions of this section. If tb~ City within a reasonable
time, to be determined by the Department taking into consideration all the circumstances and
conditions involved, should fail ~t0 comply herewith, then and in such event the Department may,
at its election abandon the project or proceed after giving the City due notice thereof to ac-
quire said right of way and easements, at the ex~ense of the City, and all sums so advanced by
the Denartment shall be aeneid to it bv the C~tv unon de~
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~1 ~. July 9 at 8 P.M. 51
City Commission, Sanford, ..o .... , ............................................. : ........................... 19
all damages, claims, or injuries, actions at law or suits in equity arising from or growing out
of any defect or alleged defect affecting the title, or because of the lack of title or right
of possession of the State of Florida for the use of said road, to any portion of those lands
and easements required by the Department for said project as aforesaid, and the City, agrees
to pay and discharge all lawful claims, damages, Judgments, decrees and any other expenses
arising fro~ or growing out of such claims, injuries, actions or suits.
$. After the acquis~ tion of said right of way and easements by said City and the acceptame
of same as satisfactory by the Department, the Department agrees to construct the aforesaid pro-
Ject at the earliest date it determines practicable, and aporopriate or cause to be appropriated
the funds for said construction. '
IN WITNESS WHEREOF the Department has caused this agreement to be executed in duplicate
by its Chairman and its Secretary, am~ its official seal to be affixed; and the City has caused
it to be executed by its Mayor and its Clerk, and its official seal to be affixed, the date and
year first above written.
ATTEBT: R. M. Hartzfleld, Becretary
Signed, sealed and delivered
in the presence of:
BTATE ROAD DEPARTMENT OF FLORIDA
BY: Alfred McKethan, Chairman
(SEA~)
L. A. Faul~igh, Jr.,
Annette Watklns
~' to the Department
ATTEST:
H. N. Bayer, City Clerk
of the City of Sanford
CITY OF BANFORD, FLORIDA.
BY: F. A. Dyson, Mayor
Signed, sealed and delivered
in the presence of:
(SEA )
Nell K. Brown
E, A, White
As to the City of Sanford
Ordinance No. ~90, entitled:
AN ORDINANCE AMENDING SEOTION 10 OF ORDINANCE NO. 199 OF THE
CITY OF SANFORD, FLORIDA, PA~SED AND ADOPTED NOVEMBER 9, 1931,
WHICH PRESCRIBES PROHIBITIONS AND REGULATIONS CONCERNIN6
OF MILK AND MILK PRODUCTS IN THE CITY OF SANFORD, FLORIDA, BY
PERMITTIN~ HOTELS, SODA FOUNTAINS, RESTAURANTS AND BIMILAR EBTA-
BLIBHMENTB TO SERVE MILK FROM MECHANICAL REFRIGERATOR DISPEN-
SERS MEETIN6 THE REQUIREMENTS HEREIN SPECIFIED.
introduced and placed on its first reading at regular meeting of June 25, 1951, was next placed
on its final passage and adoption.
Thereupon the Roll was called for the final passage and adoption of said Ordinance No. ~90,
the vote being as follows:
Commissioner Dyson Aye
# Bitting Aye
" Carraway Aye
" Stemper Aye
Thereupon the Chairman announced that the City Commie~on of the City of Banford, Florida,
by unanimous vote had passed and adopted said Ordinance No. $90, entitled:
AN ORDINANCE AMENDING SECTION 10 OF ORDINANCE NO. 199 OF THE
CITY OF SANFORD, FLORIDA, PASSED AND ADOPTED NOVEMBER 9, 1931,
WHICH PRESCRIBES PROHIBITIONS AND REGULATIONS CONCERNING BALE
OF MILK AND MILK PRODUCTS IN THE CITY OF BANFORD, FLORIDA, BY
PERMITTING HOTELS, SODA FOUNTAINS, RESTAURANTS AND BIMILAR ESTA-
BLISHMENTS TO SERVE MILE FROM MECHANICAL REFRIGERATOR DISPEN-
SERS MEETING THE REQUIBEMENTB HEREIN SPECIFIED.
With further reference to the proposal to
assess the cost against the abutting property,
the City had no legal authority to do so.
trim and demose trees on street parkways and
the City Attorney next rendered an opinion that
Request next received from Dr. John Morgan for reserved parking
office at 318 E. First Street and on motion of Commissioner Carraway,
Btemper and carried, same was authorized.
space in front of his
seconded by Commissioner
Pursuant to authorization of Commission on August 28, 1950, for expenditure in amount of
$1,000.00 for City's share of cost of Joint project with County to construct proposed drainage
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MINUTES
City Commission, Sanford, Florida,. July 9 a.t ..~ P.M. . 19 51
Seconded by Commissioner Bitting and carried.
Consideration next given to request of Trustees of Bert Fish Testamentary Trust for refund
of the $8,000.00 paid the City for purohaee of hoepltal site.
Thereupon after considerable discussion, Oommiseloner Carraway moved that the Board of
County Commissioners be advised that the City will refund to the County the net proceeds in
amount of $7,200.00 derived from sale of the hospital site to Bert Fish Testamentary Trust, at
such tim~ the contract for constructing the hospital has been awarded and a tender to the City
of the hospital site in Bel Air Subdivision.
Seconded by Commissioner Btemper and carried.
The City Attorney next advised that Notice of Appeal to the State Supreme Court relative
to the Terminal Bond Validation was filed on July 3rd, b~the petitioners against the validation.
The Clerk next advised that the members of the Civil Service held an election of July 6, 1951,
and re-elected L. F. Boyle as their representative on the Civil Service Board for two year term.
There being no further business the meetln~ adjourned.
ATTEST:
Mayor