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.