Loading...
041452-Regular Session MINUTES .... April 14, at 8 P.M. 52 City Commission, Sanford, ~lonaa, ................................................................................ 19 City Hall The City Commission of the City of Banford, Florida, met in regular session at ~e in the City of Sanford, Florida, at 8:00 o'clock P. M. April 15, 1952. Commissioner W. H. Btemper, Mayor " Andrew Carraway " Ram~mll Chase " John D. Ivey " John L. Kadet City Attorney A. Edwin Bhinholser ~cting City Manager John M. Gillon City Clerk M. N. Bayer Acting Chief of Police Roy Tillls Present: Meeting called to order by the Chairman. Monthly reports of streets, sanitation, health, water, fire, police and library departments for month of March 1952, submitted and examined. Financial statement and stateme~ of revenues and expenditures for month of March 1952, submitted and examined. On motion duly carried, current invoices and payrolls for month of March 1952, as evidenced by Voucher Nos. 7579 thru 7714, next approved. Mrs. Troy Ray, representative of State Welfare Board, next appeared with reference to need of additional office space in the Meisch Building and requested the City to increase its contribution toward payment of rent for the Welfare Board to help defray cost of an additional room which can be rented at cost of $18.00 per month, advising that the Board of County Com- missioners had agreed to increase the County's contribution toward payment of rent provided the City would increase its pro rata of contribution. The Welfare Board now occupying seven rooms in Meisch Building of which the County is paying $85.00 monthly and the City $35.00 for rental of same. After considerable discussion, Commissioner Ivey moved that the City increase its appropriation from w35.00 to $$0.00 per month to include its pro rata of rent on the additional room requested. Seconded by Commissioner Chase and carried over the dissenting vote of Commissioner Carraway. G. W. Spencer, representing the Port Terminal Advisory Committee, including Com- missioner Ivey, Hubert M. Pearce and Howard Montelth, members appointed by the City, next submitted the following recommendations relative to request of Banford Port Terminal and Ware- house Association to secure the City owned lake front property for the purpose of development of dock and terminal facilities: MINUTES OF MEETING OF THE ADVISORY COMMITTEE OF SANFORD PORT TERMINAL AND WAREHOUSE HELD JOINTLY WITH CON MITTEE APPOINTED BY CITY COM- MISSION FEBRUARY 12, 1952, AT EIGHT O'CLOCK P. M. AT T~HOME OF ALBERT FITTS. Present: Albert Fitts John D.~vey ~oward~M6ntelth Hubert Pearce T. E. Tucker Malcolm Higgins Garland W. Spencer constituting the Committee, and also present was H. N. Bayer, City Clerk. The meeting was called to order by Chairman, Albert Fitts. After considerable roundtable discussion as to what manner the City could legally divest itself of sufficient properties to insure the building of the Port Terminal and Warehouse, and after discussion of the legal phases of the question, ~he following motion was offered: 374 MINUTES April 14 at 8 P. 14. City Commission, Sanford, Florida, . ....... 19 52 H~40750 full power and Corporation to that the lease on the following basis: authority in the ninety-nine year lease for t~ Port Terminal and Warehouse sub-lease those Darts of the property not used for the Port Terminal proper, and provide that the City be paid rentals on the annual net earnings of tb~ corpora~on That when the annual net profits are between $1.00 and $50,000.00 That when the annual net profits exceed $50,000.00 but do not exceed $75,000.00 $57,000.00 but do not exceed $100,000.00 but do not exceed $125,000.00 but do not exceed $150,000. $150,000.00 but do not exceed $200,000. $200,000.00 That when the annual net profits exceed $100,000.00 That when the annual net profits exceed $125,000.00 That when the annual net Mrofits exceed That when the annual net profits exceed That when the annual net profits exceed That when the Port Terminal is completed and put in operation, the Port Terminal Corporation shall be required to submit to the City an annual audit re~ort, and that the rent shall be determined on the basis of profits as shown by said annual audit, provided however, that the City audi~shall at all reasonable times have the right to inspect the Port Terminal hooks on behalf of the City. The motion was seconded and unanimously adopted by the Committee. s/ ~arland ~. ~pen~e~ Secretary Sa~ford Port Terminal andWarehouse Advisory Committee. The Commission then proceeded to a lengthy discussion and study of each phase of the foregoing recommendations, in which Commissioner Chase recommended that the rental fees be charged on a tonnage tasls instead of a percentage of net profits. Also, the question arose as to amount of land recommended for the proposed terminal development, and after being advised by the Terminal Association that the minimum requirements for docks, warehouses and turning basin would consist of 35 acres, it was tentatively agreed upon to include all the City owned property lying nGth of First Street and west of Maple Avenue, less the west 396 ft., in the lease agreement. The City Attorney was then directed to prepare a tentative lease agreement' for further consideration of the Commission, the Advisory Committee and the Terminal Association. Consideration next given to the increased demand on the municipal water supply because of continual ~owth of the community and reactivation of the Naval Air Base, and the critical need for increasing the source of supply before summer. After discussion it was felt thatthe installation of a larger booster pump in the trunk line from wells would iD.~ease present supply to take care of the demand until a new well field could be explored and added to the system, and on motion of Commissioner Chase, seconded by Commissioner Ivey and carried, the Commission authorized purchase of a larger booster pump subject to approval of Engineer Robert M. Angas. Mr. C. W. Elrod, operato~ of ~anford Transit Lines, next appeared and reported that a number of taxi-cabs were cruising and picking up passengers along the scheduled bus routes, which is violating the City Ordinance regulating the operation of taxi-cabs, and requested that the Ordinance be enforced. Thereupon the Chief of Police was directed to notify the taxi-cab operators to cease cruising on bus ro~es or they will be penalized under the provisions of the Ordinance prohibiting such operations. MINUTES ~1,~,4~ April 14 at 8 P. M, 52 City Commission, Sanford, ....... , ................................................................................... 19 375 " victed on March 7, Jail; and Case No. City prisoner and 1952, for assault and battery and~ntenced to pay fine $27.00 or 15 days in 46120, convicted on March 7, 1952 for larceny of City property and escaped sentenced to straight 90 days in Jail. He then recommended that the straight sentence be suspended because of prisoner's physical condition, provided balance of fines are paid in full, advising that his relatives had agreed to pay balance of fines in amount of $228.00 and take him home to New York. Thereupon Commissioner Carraway moved the acceptance of recommendations of Municipal Judge, provided the prisoner pays balance of fines in full and leave Sanford. Seconded by Commissioner Chase and carried. The proposed agreement with Seminole County Baseball Association, Inc., covering use of the municipal memorial stadium during 1952 season,next submitted for consideration. After discussion Commissioner Chase moved the approval of the agreement and that the Mayor and Clerk be authorized to execute same on behalf of the City with the understanding that the City reserves the right to waive the requirements embodied therein by granting civic clubs permission to use the park for their sponsored baseball teams for playoff games. Seconded by Commissioner Kadet and carried. Bald Agreement being'imwords and figures as follows: THIS AGREEMENT, Made and entered into, in duplicate, By and Between CITY OF BANFORD, FLORIDA, a municipal corporation, hereinafter called "Cit~, and SEMINOLE COUNTY BASEBALL ASSOCI- ATION, INC., a Florida corporation with principal business office in Sanford, Florida, herein- after called "Association": WITNESSETM: WHEREAS, City is the owner of the Sanford Memorial Btadium, situated on Mellonville Avenue North of the coFner Municipal Athletic Field, in the City of Sanford, Florida, which stadium, the baseball diamond, and all grounds enclosed wilhin the fence which are appurtenant to stadium, and all field, stadium, and lighting equipment appurtenant thereto, are hereinafter referred to as "the park"; and City, in order to make the fullest use of the park, to best serve the interests of all the people of Banford, and to assure the continuance of organized baseball in Banford, has agreed, upon the conditions hereinafter set forth, to make the park available to Association; and WHEREAS, Association is the holder of the Sanford baseball franchise in Florida State League, Class D, and in order to assure facilities for the practice and games and operations inci- dent thereto for its baseball team for the 1952 baseball season ("season" Wherever used herein meaning the period of time from April 1, 1952, to September 15, 1952, inclusive), it is Association have positive arrangements with City for use of the park during the necessary that season, NOW, THEREFORE, In consideratim of the sum of One and No/100 ($1.00) Dollar and other valuable consideration in hand paid to City by Association and the covenants on the part of Association hereinafter stated, it is hereby agreed between the parties as follows: - ASSOCIATION agrees: (1) To operate in the park during the season, as above defined, a baseball team of the Florida State League or other league engaged in baseball contests inthe State of Florida. (2) To be solely responsible for all damages that may be suffered by person or property as the result of Association's team playing games _cf· baseball upmnthe aforesaid pre- mises or as the result of any other acts or any omissions on the part of the Associa%bn, its agents, servants or employees, or on account of the condition now or hereafter of the grand~tand, 376 H40750 MINUTES City Commission, Sanford, Florida, APril 14 .9.t 8 P.M.. 19 52 that may be sustained, as aforesaid. (J) To surrender the aforesaid premises, club house, and equipment to the City at the end of the seasod or earlier termination of this agreement in as good condition as said premises, Club house, and equipment were at the date hereof, elements excepted. In the event of the destruction by fire ordinary wear and tear and damage by the of the grandstand or club house or bleachers or fences on the aforesaid premises, or their damage to such an extent as to prevent the playing of baseball games, as aforesaid, this agreement shall immediately terminate without any liability on the part of the City. (4) To pay to the City on the first day of each month during the season the full amount of stadium admission taxes collected by the Association in accordance with Ordinance No. 451 of the City upon gate receipts collected up to date of payment. (5) That it is expressly understood that in the event City is held by a court of competent Jurisdiction not to have had authority to make this agreement, there shall be no liability upon City on account thereof. City agrees: - (1) At all tim~ during the entire season, Association shall have exclusive control, management, and operation of all concessions at the park and all proceeds thereof, and exlu~ive use of dressing rooms. (2) To furnish to the Association during the season the water and electricity used'in the park by theAssociation for the practices and games of its baseball team, provided that if ~ssociatlon, at season's end, has on hand funds in excess of all other sxpenses, it shall refund to City to the extent possible the sums paid for water and electricity. City and Association mutually agree: - That at any time during the season when the park is scheduled practice or game of the Association's baseball team, CommisSion, organization shall: (a) (b) (c) (d) not in use or required for a the City, by action of its City shall have full power and authority to permit thc use of the park to any responsible or activity desiring the same upon the condition that such organization or activity In the case of any night event, deposit for each night of use the sum of $50.00 cash to cover the cost of field lighting. Deposit a policy of public liability insurance in a company accept- able to the City, covering the period of proposed use by such organi- zation or activity, and providing the same coverages as specified for the insurance policy hereinabove required of the Association. Deposit an idemnlty bond in the amount of $1,000.00 with a surety or sureties acceptable to the City, payable to the City for any loss or damage occasioned to the park during the period of use by said organ- ization or activity. As to any event for which an admission charge is made to any person, collect and within 24 hours thereafter pay to the City Clerk of City the admission tax levied by Ordinance No. 451. (e) Provide at its own expense two uniformed policement of the City to be present during the period of use. The deposits specified in sub-paragraph (a), (b) and (c) of this paragraph shall be made with the City Clerk of the City and shall be made prior to the proposed use of the park by the organization or activity requesting the same. IN WITNESS WHEREOF, City has caused these presents to be executed in its name by its Mayor, and attested and its corporate seal hereunto affixed by its City Clerk, and Association has caused these presents to be executed in its corporate name and its corporate seal to be MINUTES larlrl~ April 14 at 8 P.N. 52 City Commission, Sanford, F ....... . ............................................................................ 19 377 Witnesses: E. O. White S, W, Easterby As to City L. V. NcLaulin ~; L, Hlnton to Association CITY OF SANFORD BT: W, H, Stemper, Its Nayor H. N. Sayer Attest: Its Clerk City SENINOLE COUNTY BASEBALL ASSOCIATION, BY: ~oel S, Field President Naude Ramsey Secretary - Association INC. (CORPORATE SEAL) The City Nanager next reported that Phil King, colored, employee of City for 23 years, died on April 8, leaving three minor children who are living withtheir grandmother Cora Lee ~ohnson, of Sanford. Thereupon after careful consideration, Commissioner Ivey moved that the three ~ildren be paid $500.00 from the fund set up for self-insurer of employees, payable $25.00 per month for twenty months to their grandmother Cora Lee Johnson to be used toward their support, to supplement the $500.00 that will be paid them under the City sponsored group life insurance policy with Prudential Insurance Company. Seconded by Commissioner Chase and carried. Consideration next given to offer of Henry Nickle to sell the City his muck property )Rose Court Subdivision, described as Lots 123 to 127, inclusive, at price of $500.00, and discussion Commissioner Chase moved that the City purchase the aforesaid Lots, provided consist of all the muck property Nr. Nickle owns within that area. Seconded by Commissioner Ivey and carried. Request next received from Seminole County Chapter of American Red Cross for a con- tribution toward their annual drive for funds, and on motion of Commissioner Carraway, seconded by Commissioner Chase, same was denied. On motion of Commissioner Chase, seconded by Commissioner Kadet and carried, the Com- mission next authorized installation of overhead street light at intersection of Bell Avenue and 16th Street. On motion of Commissioner Carraway, seconded by Commissioner Kadet and carried, the Commission next authorized installation of street lights on 25th Street at intersections of Myrtle and Elm Avenues. On motion of Commissioner Chase, seconded by Commissioner Carraway and carried, the ~ommission next authorized the purchase from Harry Carrin~on of Lots 16 and 17 of Block 8, Dreamwold Second Section, at price of $2,000.00, under the provolone of the 90 days option ~reeme~t authorized at meetingof January 23, 1952. ~-""~' Apolication next received from James Shed d , par , colored, for permit to sell beer and wines to be consumed on premises at 1102 W. 1Bth Street, and on recommendation of Chief of Police, same was denied. Application next received from Wm. Walker and daughter Alberta Webber, colored for transfer of their beer and wines license from 1012 W 13th Street to 1007 W. 1Bth Street, and on motion of Commissioner Carraway, seconded by Commission~ Chase, same was a~Droved. Aoplica~lon next received from T. O. Brow~, Jr., to purchase ~he City owned property on N. French Avenue which he is now leasing, and after discussion Commis~oner Ivey moved that the 378 H-4~750 for termites: MINUTES City Commission, Sanford, Florida, .¢?~ ~ ~ ~ ~ ~f~ 19 52 Walker Chemical & Exterminating Company Rudler Exterminating Comp any Terminix Company ~fter discussion and on motion of Commissioner Kadet, 276.00 seconded by Commissioner Carraway and carried, the Commission rejected all bids and directed, the City Manager to have the building sprayed by the City, if feasible. On motion of Commissioner Carrawsy, seconded by Commissioner Chsse and carried, the matter of employing an assistant in the Water Deoartment ~s an understudy for Mr. Start who is eligible for ertirement, next referred to the Civil Service Board. On motion of Commissioner Carraway, seconded by Commissioner Chase and carried, the Commission next aporoved the purchase of gift presented to Genersl J. C. Hutchison upon his retirement from National Guard. On motion ~ Commissioner Chase, seconded by Commissioner Carraway and carried, the Commission next authorized the salary of Estelle Jennings, Clerk in Police Department, in- creased from $197.90 to $207.90 per month, effective as of April 1. On motion of Commissioner Kadet, seconded by Commissioner Carraway and carried, the Commission next authorized the salary of Roy Til]is increased to $~00.00 per month while serving as acting Chief of Police during absence~ Chief Williams, retroactive to March 16,1952. On advice of the City Attorney that the Public Employees Honesty Blanket Position Bond No. 7~0~14, issued by Standard Accident Insurance Company on January l, 1951, did not cover the requirements of Ordinates Nos. I and ~4 providing for faithful performance bonds on certain employees and officials, Commissioner Chase next moved that said bond be re-written and recomputed to cover the positions for which honesty bonds are required only, and that faithful performance bonds be executed for ~he positions specified in the aforesaid ordinances, retroactive to inception date, Jsnuary l, 1951. Seconded by Commissioner Kadet and On motion of Commissioner Carrsway, next authorized Quit Claim Deed from City to carried. seconded by Commissioner Chase, the Commission E. G. Lamb and wife for Lots 4 and 6, Lanes Addition. The title to this property having been vested in City of Sanford at one time thru foreclosure of tax liens. On motion of Commissioner Ivey, seconded by Commissioner Kadet and carried, copies of agenda for Commission meetings were next authorized to be furnished the radio and press in advance of meetings. There being no further business ATTEST: gm the meeting adjourned.