021152-Regular SessionB48
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City Commission, Sanford, Florida, fl February at 8.p~.M. 19 52
The City Commission of the City of Banford, Flori,~, met in regular session at the City
Hall in the City of Banford, Florida, at 8:00 o'clock P. M. February 11, 1952.
Present: Commissioner W. H. Stemper; Mayor
" Andrew Carraway
" Randall Chase
" John D. Ivey
" John L. Kadet
City Attorney A. Edwin Shinholser
Acting City Manager John M. Gil2on
City ClerkJH N. Bayer
Chief-of Police R. G. Williams
Meeting called to order by the Chai-man.
Monthly reports of Streets, Sanitation, Health, Water, Fire, Police, and Library Depart-
ments for month of January 1952, submitted and examined.
On motion of Commission~ Ivey, seconded by Commissioner Carraway and carried, invoices
and payrolls for month of January 1952, as evidenced by VouCher Nos. 73~ thru 7463 approved.
G. W. Spencer, Attorney, next appeared on behalf of C. W. Elrod and advised that he and
his sister, Miss Daisy Elrod, had formed a corporation under name of SanOrd Transit Company
and would like the bus franchise transferred tot~he corporation instead of C. W. Elrod, which
was authorized at meeting of January 28. Mr. Spencer also requested that the transfer be made
effective 12:01 A. M. February 12.
Thereupon Commissioner Kadet moved that the motion at meeting of January 28, authorizing
transfer of bus franchise from City Bus Company to C. W. Elrod, be rescinded.
Seconded by Commissioner Carraway and carried.
Commiss~one~" Kadet then moved that the City Attorney be in~ructed to prepare an Ordinance
assigning the bus franchise to Sanford Transit Compaly, effective 12:01 A.M. February 12, 1952,
and waiving the 60 days nol~oe for request of transfer as required by Ordinance No. 447.
Seconded by Commissioner Carraway and carried.
B. B. Fuller, radio technician, next apoeared on behalf of Harold Kastner at State
Market who is installing a two-way radio communication system, andrequested that he be
install tb~ radio antenna on top of City's elevated water tank at water
granted permission to
plant.
After discussion, same was approved subject to approval and recommendation of K. S.
Sharps, who has service contract for maintaining the water tank and tower.
Mr. Robert M. Angas of engineering firm of Robert M. Angas and Associates, next appeared
relative to terms of contract auth~ized at meeting of February 4, advising that he would make
a thorough study of any plans and speclficatlms of proposed projects the City has on file
and use all or any portion that may be applicable to the firms requirements. He also stated
that they would confer with Federal Security Agency to ascertain whether or not the City is
financially obligated to ~pay the funds borrowed to finance cost of sanitary sewerage projects
plans prepared by Smith & Gillespie.
Municipal Judge Karlyle Housholder next appeared and gave a brief report of disposition
of cases in Municipal Court since he has been presiding. He also recommended that the Cour~
Room be painted, ar~t on motion of Commissioner Kadet, seconded by Commissioner Carraway,
same was authorized.
Letter next read from William Bush, Jr., 2025 Hibiscus
Nickel digging and removing muck from Lots 123 to 127, Rome
Court, protest~g against Henry
Court, ~butting on South Grandview,
because of said property being zoned for residential purposes only; creating a health menace
tottS$ neighborhood because of excavation leaving a breeding place for mosquitoes; and a
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City Commission, Sanford, _._n__, ............................................................................... 19
and find out if the City has legal authority to take action to prohibit the removal of muck
from the aforesaid property because of reasons outlined in Mr. Bush'e letter of protest.
Commissioner Chase then moved that W. O. Bridges, contractor, be no~fied to discontinue
all operations until he satisfies the City thmt everyone concerned will be indemnified from
damages of any nature.
Seconded by Commissioner Kadet and carried.
John E. Fox, Right-of-way Agent for State Road Departmer~ next appea~ed and submitted
plans of proposed revisions of intersection to be constructed at South French Avenue and
State Road 15 in connection with widening and reconstructing French Avenue and after careful
study of same and finding that .no provisions were made for a left turn for traffic to turn~
north on Road 15, the Commission directed that a request be submitted to Wesly Sweat, District
Engineer, to change the proposed plans so as to provide for such left tUrn. w~'~ideni~
~he City Clerk next reported on progress belngmade in securing rights-of-way for
French Avenue, advising that Raymond Weinmann who owns Lots 13 to 20 of Block 15, Dreamwold
3rd'Section, had agreed to convey the necessary righ-of-way arose his property without cost,
provided the City will furnish him some assurance that it will be rezoned f or business.
Thereupon Commissioner Chase moved that the City Clerk be authorized to address a letter
?
to Mr. Weinman advising that at such time French Avenue is widened and re-comtructed, the
City Commission wlll recommend that the above described property be rezoned ~r retail-com- j
mercial use.
Seconded by Commissions Kadet and carried.
The following bids next presented for furnishing one new street sweeper for the Street
Department:
FLORIDA-GEORGIA TRACTOR COMPANY, ORLANDO
Elgin 81 Motor Street Sweeper with 86 Cu Ft
capacity hopper and all standard equipment shown
in enclosed description literature and~ncluding
one extra main broom core; one broom cable, fibre
broom segments; 50 lbs. steel broom wire; painted
chrome orange or fawn gray; standard lettering as
specified by buyer. F. O. B. SANFORD
Less trade-in allowance on any one or combination
of following pieces of equipment:
$10,280.00
1 Used Case Wheel Tractor
300.00
1 Used Austin-Western Street Sweeper
650.00
1 Used TD-9 International Tractor with Dozers~vel
Terms: One-half purchase price payable on delivery;
balance due and payable November l, 1952, and
evidenced by one 6% interest bearing
1,500.00
Delivery: Within 30 days from receipt of formal order.
FLORIDA EQUIPMENT COMPANY, JACKSONVILLE
1.Wayne Model 1-400 Motor-Pick-Up Street Sweeper, mounted on
1000-15 14 ply tires, Ford gasolineengine F Type, 8 cylinder
110 H.P. Electric lights: Two head, two tall, one spot, and
two clearance. Right hand gutter broom, 4 extra gutter
broom segments, and wire for filling. Extra pick-up broom,
cable and bale of fibre, standard color. F. O. B. SANFORD
Less trade-in allowance on anyone or combination
of following pieces of equipment:
10,050.00
1 Used Case Wheel Tractor
1 Used Austin-Western Street Sweeper
1 Used TD-9 International Tractor with Dozershovel
Delivery date: Within 30 days after receipt of order.
Thereupon after discussion it was felt that it would be for the
150.00
250.00
2,925.00
1assr interest of the
35O
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· ll February at 8 P M ]~52
City Commission, Sanford, Florida,.
$9,330.00.
a~D/earAeconded by Commissioner Carraway and carried.
group of colored citizens residing on W. 12th Street with A. A. Fie ldsas spokesman, next
ed with further reference to the City paving said street from Cedar Avenue west to Olive
Avenue on basis of City paying one-thi~d of cost and the abutting property owners one-third
each, the curb and gutter having already been co~ructed between Pecan Avenue and Olive Ave.
They advised that the pro~a-ty owners had agreed to the City's proposition to pave the street on
~ t~ aforesaid basic and were ready to pay their share of the cost.
After discussion and on motion duly carried, the Commission directed that the necessary
resolution be prepared to proceed with the paving of 12th Street from Cedar Avenue west t o
Olive Avenue on basis of assessing the abuttingproperty for its pro rata of cost.
Commissic~' Kadet next moved that ~e City Manager advertise for bids for paving the afore-
~aid street, with epecifications'fo~ separate bid proposals for constructing curb and gutter;
aving wi~h mixed-in-place asphalt; and combined bid.
~ Seconded by Co~miesioner Carraway and carried.
T. R. Hill, colored, next aopeared and made further request for permit to sell beer and
wines to be consumed on premises at 801 W. 9th Street and on motion of Commissioner Chase,
seconded by Commissioner Carraway, same was denied.
Commissioner Carraway next introduced 0rdina~ce No. 499, entitled:
AN ORDINANCE OF THE CITY OF SANFOBD, FLORIDA, GIVING THE CONSENT
OF THE CITY COMNISBION OF SAID CITY TO SALE, TRANSFER, AND ASSIGN-
MENT TO SANFOPO TRANSIT COMPANY, SANFORD, FLORIDA, OF THAT CERTAIN
FRANCHISE GRANTED BY ORDINANCE NUMBER 447, PASSED AND ADOPTED
FEBRUARY 28, 1949, TO SIDNEY ANDREW AIJ,EN, DOING BUSINESS AS SANFORD
TRANSIT LINE FOR THE OPERATION OF A BUS TRANSPORTATION SYSTEM IN
SAID CITY, WHICH FRANCHISE WAS ASSIGNED TO S. A. ALLEN, VIOLA A.
ALLEN, R. R. HARTSELL AND A. D. HARTBELL, JR., A PARTNERSHIP, DO-
ING BUSINESS'AS CITY BUS COMPANY, BANFORD, FLORIDA, SUCH TRANSFER
BEING APPROVED BY OBDINANCE' NUMBER $89, PASSED AND ADOPTED MAY 21,
1951; AND WAIVING THE SIXTY-DAY N0:ICE PRIOR TO SELLING, ASSIGNING,
AND TRANSFERRING OF SAID FRANCHISE REQUIRED BY SECTION TWENTY-ONE
OF SAID ORDINANCE NUMBER 447.
and same was placed on its first reading and read in full.
Commissioner Chase next introduced Ordinance No. 500, entitled:
AN ORDINANCE OF THECITY OF SANF01iD, FLORIDA, AMENDING SECTION 1,
OF ORDINANCE NO. 315, PASSED AND ADOPTED SEPTEMBER 9, 1941, WHICH
ORDINANCE PROVIDES FOR THE MAKING OF CONNECTIONS TO ANY MAIN OR
LATERAL LINES OF THE SEWERAGE SYSTEM OF THE CITY OF SANFORD, FLORIDA,
AND WHICH SECTION PRESCRIBES THE FEE TO BE PAID FOR EACH SUCH CON-
NECTION, SUCH AMENDMENT INCREASING THE AMOUNT OF SUCH FEE FROM FIF-
TEEN ($15.00) DOLLARS TO FIFTY ($50.00) DOLLARS.
and same was placed on its first readi~g and read in full.
Commissioner Chase next introduced Resolution No. 803, and after being read in full,
moved its passage and adoption.
Seconded by Commis~oner Kadet and carried by the'following vote of the Commission;
Commissioner Stemper Aye
" Carraway Aye
" Chase Aye
" Ivey Aye
" Kadet Aye
Said Resolution No. 80~ being in words and figure~ as follows:
A RESOLUTION REPEALING AND RESCINDING RESOLUTION NO. 790, PASSED
AND ADOPTED JANUARY 29, 1951, WHICH AUTHORIZED THE CONSTRUCTION
OF A MUNICIPAL PORT TERMINAL AND THE ISSUANCE OF $350,000.00
PORT TERMINAL AND PARKING METER REVENUE BONDS, AND OTHERWISE
MADE PROVISIONS FOR CONSTRUCTION AND FINANCIN~ ~ SUCH TERMINAL;
AUTHORIZING AND DIHECTING THE CITY ATTORNEY TO DISMISS THE
equipment bid upon, Commissioner Chase moved t~ acceptance of the lowest net bid, that of Florida-
Georgia Tractor Company for furnishing Elgin Sweeper less trade-in allowance at price of
MINUTES
City Commission, Sanford, Florida,__~!....F~g~y...~.....~....~.L.~ ......... 19 ~2
WHEREAS, the City Commission of the 0ity of Sanford, Florida, on January 29, 1951, passed
and adopted Resolution No. 790, authorizing the construction of a municipal Port Tez~ninal and
the issuance of $350,000.00 of Port Terminal and Parking Meter Revenue Bonds for financing
the same, said bonds to be payable from net revenues of the Port Terminal and net revenues of
parking meters of the City, and othe~se making provision for cor~truction and financing of such
Port Terminal; and
WHEREAS, suit was filed by the City of Sanford a Peti~onerln the Circuit Court of the
Ninth Judicial Circuit in and for Seminole County, Florida, on February 20, 1951, for validation
of said $350,000.00 Port Terminal and Parking Meter Revenue Bom~, and upon Answers filed by the
State Attorney and by certain intervening taxpayers and O~operty owners, the said Circuit
Court entered its Final Decree granting in full ~e prayer of the Petitioner; and on appeal
taken from such Final Decree by said interveners to the Florida Supreme Court, the Supreme
Court held, among other things, that net proceeds of parking meters could not be pledged for
the purposes attempted, and reversed said Final Decree, and remanded the course for further
proceedings consistent with the decision of the Bupreme Court; and
WHEREAS, by reason of said decision of the Florida Supreme Court, the City Commission of
the City of Banford, Florida, now considers it to the best interests of the City that said
Resolution No. 790 be repealed and rescinded, that the aforesaid suit filed in the Circuit
Court be dismissed, and. that all unexoended net parking meter revenues received and to be re-
ceived during the fiscal year beginning October 1, 1951, and ending September 30, 1952, hereto-
fore allocated to the Public Projects Fund to be used in connection with the Port Terminal pro-
Ject be appropriated to the Department of General Government;
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Banford, Florida, that
Resolution No. 790, passed and adopted January 29, 1951, authorizing the 'cqnstruction of a
municipal Port Terminal and the issuance of $350,000.00 of Port Terminal and Parking Meter
Revenue Bonds for financing same, and otherwise making provision for construction and financing
of such Port Terminal, be, and the same hereby is, repealed and rescinded; and
BE IT FURTHER RESOLVED, That the City Attorney be, and he hereby is, authorized and directed to
dismiss the aforesaid suit filed in the Circuit Court of the Ninth Judicial Circuit of the State
of Florida for validation of $350,000.00 Port Terminal and Parking Meter Revenue Bonds; and
BE IT FURTHER RESOLVED, That all unexpended net parking meter revenues received during
the fiscal year beginning October,. 1951, and ending September 30, 1952, and heretofore allo-
cated to the Public Projects Fund be, and the same are, hereby appropriated to t he Department
of General Government of the City.
PASSED AND ADOPTED this llth day of February 1952.
S/ W. H. Btemper, Mayor
Jno. D. Ivey
Randall Chase
Andrew Carraway
ATTEST: ~ohn L, Kadet
H, N, Bayer, As City Commission of the City of
City Clerk Banford, Florida.
On motion of Commissioner Chase, seconded by Commission er Carraway, the Commission next
authorized a loading zone for Bell Bread Company in front of their store room in Kent's
Garage Building.
In connection with the City assisting the Navy in securing title clearance on the Sanford
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City Commission, Sanford, Florida,.11 Fel~uarY &'~ 8 p~M. . i~ 52
Navy had agreed to pay. He also advised that the City had secured releases from the other two
interested parties, the National Exhibition Company for their claim of $8,200.00 and O. L. Rey-
nolds for $166.25, which places the leases in condition for closing in order that the City may
conclude the transfer of title to the airport property to the Federal Government.
Thereupon the City Attorney was authorized to conclude the negotiations in the foregoing
matter.
On motion of Commissioner Chase, seconded by Commissioner Ivey and carried, the Commission
next authorized payment of $2,000.00 to the Beminole County Chamber of Commerce to defray cost
of special advertising during fiscal year, which was appropriated in current year's budget for
such purpose.
On motion duly carried, the City Manager was next authorized to purchase the necessary parts
for repairing dragline at estimated cost of $380.00.
p~ark On motion of Commissioner Ivey, seconded by Commissioner Kadet and carried, repairs to
lng lot at southeast corner of Becond Btreet and Oak Avenue were next authorized.
Commissioner Kadet next moved that the City Manager call for bids for furnishing a loud
speaker system for the Commission Room, and same died for lack of a second.
On motion of Commissioner Carraway, seconded by Commissioner Kadet and carried, the Com-
mission next authorized conveyance without cost of Lot 17 of Block 7, Bel-Air to Louis F.
Rotundo, Veteran of World War II, to construct a dwelling thereon within six months from date
of conveyance, under authority of Bpecial Act of 1945 Legislature.
Letter next read from the Civil Bervice Board advising that the six months "leave of absence"
granted Claude M. Whitten, Lieutenant in the Fire Department, expired on January 23, 1952, which
was authorized by City Commission under date of July 23, 1951.
Thereupon in view of the fact that Lieutenant Whitten had neither returned for duty nor
applied for an extension of the leave of absence, the Commission declared the position vacant.
There being no further business the meeting adjourned.
ATTEST:
gm
lerk