111251-Regular Session3O8
H~i075o
MINUTES
· November 12 at 8 P.M. 1951
City Commission, Sanford, Florida, .
Hall
The City Commission of the City of Sanford, Florida, met in regular session at the City
in the City of Sanford, Florida, at 8:oo o'clock P. M. November 12, 1951:
Present: Commissioner F. A. D~son, Mayor
" Andrew ~arraway
" John D. Ivey
" W.H. Stemper
Commissioner-eleet Randall Chase
City Attorney A. Edwin Shlnholser
City Manager Clifford McKibbin, Jr.,
City Clerk H. N. Ssyer
Chief of Police R. G. Williams
Meeting calJed to order by the Chairman.
Mr. Randall Chase next signed the oath of office and was seated as a Commissioner of City
of Sanford for remainder of term expiring December 31, 1953.
The next order of business was a Public Hearing to consider certain char~es and amendments
to the Zoning Ordinance in accordance with the following notice published in the Ssnford Herald
on October 26 and November 2, 1951:
NOTICE OF PUBLIC HEARING ON PROPOSED CHANGES IN BOUNDARIES
OF CERTAIN DISTRICTS AND CHANGES IN THE TEXT OF THE ZONING
oRDINANCE OF THE CITY OF SANFORD, FLORIDA.
Notice is hereby given that a Public Hearing will be held in the office of
the City Commission in the City Hall in Sanford, Florlds, st 8:00 o'clock P. M.
November 12, 1951, to consider the following changes and amerdnents to the Zoning
Ordinance of the City of Sanford, Florida.
The property described as Block 7A, Block 8A, and Block 5
Second Section of Dresmwold, zoned in District R-l-A, pro-
posed to be re-zoned to District R-1.
Proposed to confirm and
in Section 6, Ordinance
District.
clarify provisions previously made,
362 as amended, as to dwellings in R-1-X
Proposed to amend Section 5, Sub-section A-2, Ordinance 362
as amended, to provide that accessory buildings containing
living accommodations, on the same lot or parcel of land, with
a single family dwelling, shall be located such that some por-
tion of the accessory building shall be included within the re-
ward extensions of the side building lines of main structure.
All parties ~lnterest and citizens shall have an opportunity to be heard
at said hearing.
By order of the City Commission of the City of Sanford, Florida, this 26th
day of October, 1951.
H. N. Sayer,
As City Clerk of the City
of Sanford, Florida.
TO BE PUBLISHED AS A LEGAl, NOTICE IN THE SANFORD HERALD ON OCTBOER 26, and
NOVEMBER 2, 1951.
The Chairman then announced that the
par~les objecting ~o, or, in favor of the
There being no objections registered,
proposed
Commission would be glad to hear from any interested
proposed changes described inthe foregoing notice.
Commissioner Ivey moved the authorization for ~he
changes and amendments to the Zoning Ordinance and the City Attorney to prepare the
necessary ordinance for adootlon.
Seconded by Commissioner Stemper and carried.
The Commission then adjourned the Public Hearing and proceeded to handle the business of
the regular meeting.
Monthly reports of Streets, Sanitation, Health, Water, Fire, Police and Library Departments
for month of October 1951, submitted and examined.
On motionof Commissioner Stemper, seconded by Commissioner Carraway and carried, current
MINUTES 309
City Commission, Sanford, Florida,_~.~.~.~b~..~. ~:~.~....~.~....~ ..~...~ .......... 195~
A delegation from local American Legion Post~ with Karlyle Housholder as spokesman, next
appeared and requested permit to conduct their annual fair in spring of 1952 at same location
and under same terms and conditions as has been granted in past, advising of notice being
published in the Sanford Herald of intent to appear before the Commission at this meeting to
apply for such permit.
Thereupon Commissioner Carraway moved thst in view of sufficient notice having been
published of intent to conduct the fair, and no objections filed with the Commission, that'the
permit be granted on same terms and conditions as in past.
Seconded by Commissioner Stemper and ca~ried.
Mr. Glenn Taylor next appeared and requested that the City furnish him water service for
his new dwelling being constructed on South Ssnford Avenue outside of City limits.
is
On advice that City has only a 2" water main to serve that area, which/already overloaded
with approximately ~0 consumers, the City Manager wa~ directed to investigate the possibility
of ~nstalling a larger main to be paid by the property owners outside of the City limits.
Mack N. Celvelsnd, Jr., Attorney, next appeared on behalf of Ernest E. Skully with
reference to application for permit to operate three additional taxi-cabs from his place of
business at 7th Street and French Avenue, advising of having one new 1951 Dodge automobile
that can be placed in operation immediately and the other two as soon as the automobiles are
available.
Thereupon Commissioner Stemper moved that Mr. Skully be granted a permit for one additional
taxi-cab since he has only one automobile available at this time.
Seconded by Commissioner Ivey and carried.
Commissioner Stemper next introduced Resolution No. 798, and after being read in full,
moved its passage and adoption.
Seconded by Commissioner Chase.
Commissioner Carraway then asked the City Attorney if the City had a contract with L. H.
Ghormley & Company and Fisher Hawes & Company, Xnc., to purchase the Pot t Terminal and Parking
Meter Revenue Bonds, and if so, would the adoption of said Resolution No. 798 constitute a
breach of con~ract.
The City Attorney then advised that the contract to sell L. H. Ghormley &ComDany and
Fisher Hawes & Company, Inc., the terminal bonds was still in effect, and that he had not had
time to study the resolution but in his opinion which he stated was rendered subject to any
action the Supreme Court might take its, adoption would make the City liable for breach of
contract.
Commissioner Carraway then stated that in view of the foregoing opinion of the City Attorney,
he was not in favor of adoption the resolution but would be willing to arrange an immediate
meeting with representatives of the firms of Ghormley & Hawes for the purpose of negotiating
a satisfactory settlement for release of their contract, and that if they are not reasonable
in making settlement he wou~d then be glad to vote in favor of the resolution.
Commissioner Ivey next concurred in the proposal of Commissioner Carraway to negotiate
with Ghormley & Hawes for satisfactory settlement of
could not vote in favor of the resolution after the
it would constitute a breach of contract.
Commissioner Dyson also stated
of the opinion of the City Attorney,
release of the contract but stated he
City attorney had rendered an opinion that
the he could not vote in favor of the Resolution because
and was still in favor of the terminal project if it could
?
· 810
MINUTES
City Commission, Sanford, Florida, N~vem~¢r I2 at 8 p,M0 19 51
contract because the bond validation is
and if they ruled, that the bonds are valid before the
could demand immediate delivery of the bonds.
Thereuoon after further discussion, the roll was
said Resolution No. 798, the vote being as fol~ows:
Commissioner Dyson Naye
" Carraway Aye
" Chase Aye
" ~Ivey Not voting
" Stemper Aye
now in the hand of State Supreme Court for a decision,
resolution is adopted the bond purchasers
called on the passage and adoption of
Commissioner Ivey made the following statement: "I am not voting because of the opinion
of the City Attorney that it is a breach of contract". Commissioner Dyson also stated that
he voted "Nays" because of same opinion.
Said
/Resolution No. 798 being in words and figures as follows:
RESOLUTION NO. 798
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SANFORD, FLORIDA, Provid-
ing that the Port Terminal and Parking Meter Revenue Bonds of the City of
Ssnford, Florida, in the sum of $350,000.00 purported to have been authorized
by Resolution No. 790 passed and adopted by the City Commission of the City
of Sanford, Florida, on the 29th day of January 1951, be not issued, sold or
delivered to the purchasers thereof named in said Resolution, or to any one
else unless the issuance, sale and delivery of the said bonds has been ap-
proved by the qualified electors of the City of Sanfor~, Florida, at a
special election c~lled and held to determine sa~d matter.
WHEREAS, By Resolution No. 790 adopted by the City Commisslon of ~he City of Sanfor~, Florida,
on the 29th day of January, 1951, provision was made for the fi~ncing an8 conStruction of a
Port Terminal by the City of Sanford, Florida, and for the issuance of Port Terminal and Parking
Meter Revenue Bonds by the City of Sanford, Florida, in the sum of $350,000.00 for the payment
of which the net revenues of said project and the parking meter net revenues of the City of
Sanford, Florida, were pledged, and:
WP~EREAS, Paragraph 15 of Article IV of said Resolution' 790 purported to confirm the sale of
the aforesaid bonds to L. H. Ghormley & Company and Fisher Hawes& Comoany, of Knoxville, Tenn-
essee, at the price of $326,655.00 plus accrued interest, and
WHEREAS, in the recent election for three City Commissioners by the ~ualifie~ electors of
the City of Sanfor~, Florida, the method of flnsncing the construction of said Port Terminal
was made an issue and Masers John Keder, l~ndall Chsse, and William H. Stemper were opposed to
the orooosed method of financing the construction of the said Port Terminal, and said candidates
were elected City Commissioners by an overwhelming majority, thus showing that the people of
the City of Sanford were opposed to the proposed method of financing the construction of said
cart terminal:
NOW, THEREFORE, BE IT RESOLVED by the City Commission of Sanford, Florida, that the afore-
said Port Terminal and Barking Meter Revenue Bonds purported to be authorized by ssl~ Resolu-
tion No. 790 be not issued, sold or delivered to the said L. H. Ghormley & Company, and
Fisher Hawes& Comoany, Knoxville, Tennessee, or either of said companies, or to any other per-
son, firm or corporation unIess the issuance and sale of said bonds be first approved by the
qualified electors of the City of Sanford, Florida, ~t a special election called and held to
determine the matter.
BE IT FURTHER RESOLVED, That so much and such parts of Paragraph 15 of Article IV of said
Resolution No. 790 as may be in conflict with this Resolution be and the same are hereby re-
Dealed.
BE IT FURTHER RESOLVED, That this Resolution shall become effective immediately on its
MINUTES
~1...~,~ November 12 at 8 P.N. 51
City Commission, Sanford, ..... ,~,~, ........................................................................ 19
Passed and adopted this 12 day of November 1951
B/
Randall Chase
As a City Co~missioner of the
City of Sanford, Florida.
W~ H
As a
City
StemoeM
City Commissioner of the
of Sanford, Florida.
ATTEST:
Andrew Carraway
As a CitY Commissioner of the
City of Sanford, Florida.
H. N. Bayer,
City Clerk.
On motion of Commissioner Stamper, seconded by Commissioner Carraway and carried, the
Commission next authorized additional parking spaces for colored taxi-cabs on north side of
Third Street from Banford Avenue west approximately 75 feet.
On motion of Commissioner Stamper, seconded by Commissioner Carraway and carried, the Com-
mission next authorized Quit Claim from City ct Max Bass on Lots I and 2 of Block 7-A, San
Lasts Second Section. The City Having acaulred tlt]e to this property at one time thru fore-
closure of tax liens.
Request next received from the colored American Leglon
their annual Christmas program for underprivilege children,
seconded by Commissioner Chase, a contribution of 825.00 was authorized over the dissenting
vote of Commissioner Carraway.
Request next received from Phillips Properties for permission to install a 6" x 16"
raised curb in connection with paving streets in Wynnewood instead of the standard curb and
gutter approved by the Commissl on.
No action taken.
On motion of Commissioner Carraway, seconde~ by Commissioner Btemper and carried, the
Commission next authorized the re-location of white-way lights at northeast and southwest cor-
ners of Oak Aven and Third Street to the northwest and southeast corners.
With further reference to the City acquiring the property~scribed as Lots 1 to 5 of Block
ll, Tier 8, E. R. Trafford's Nap, from the County at price of $1,500.00 and re-sell it to
Southern Bell Telephone Company at price of $5,000.00, which was authorized at regular meeting
of October 8, the C~ty Attorney next advised that in view of the provisions of the law under
which the County has authority to sell the property to the City by negotiated sale instead of
public suction, he would not approve the City furnishln~ the Telephone Company a warranty deed
to the property, but only a bargain and sale deed. Also that the County would not consider re-
leasing the dedication on Lots 6 thru 9 in same block unti~ they are sure of a sale for the
property.
Thereupon the City Attorney was directed to confer with the attorneys of Southern Bell
Telephone Company relative to accepting a bargain and sale deed to the aforesaid property.
With further reference to protest of A. J. Walker of conviction and fine of $100.00 and
cost imposed on him in Nunlclpal Court as result of an automobile accident in which he was
involved, advise next received from Municipal Judge Sharon that he could not ~ustify recommenda-
tion to the Commisslo~ for remission of any of the fine assessed against Mr. Walke~.
On motion of Commissioner Stamper, seconded by Commissioner Carraway and carried, the City
Clerk and Geo. H. Williams, Jr., Public Accountant, were next authorized access to the Safety
Post for a contribution toward
and on moti~ of Commissioner Stemper,
MINUTES
~, .~ November
City Commission, Sanforcl, r~oncla,. .......
On motion duly adopted, minutes of regular meetings of July 23 and October 22, aA
Soeclal Meetings of November 2 and 7, 1951 were next approved.
There being no further business the meeting then adjourned until l:~0 o'clock P. M.
November 15, 1951.
MAYOR
ATTEST:
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