042852-Regular Session MINUTES
City Commission, Sanford, Florida,_.~P~.~..28 ..~.~....~....~:....~.~ ............... 19 52
The City Commissionof the City of Sanford, Florida, met in regular session at the
City Hall in the City of Sanford, Flori~l~ at 8 o'clock P. M. April 28, 1952.
Present: Commissioner W. H. Stemper, Mayor
" Andrew Carraway
t, Randall Chase
" John D. Ivey
" John L. Kadet
City Attorney A. Edwin Shinholser
Actin~ City Manager John N. Gillon
City lerk H. N. Sayer
Acting Chief of Police Roy Tillis
Meeting called to order by the Chairman.
Mr. T. O. Brown, Jr., next appeared with further reference To his application to
purchase the City owned property located on N. French Avenue which he is now occupying.
The Clerk then submitted appraisers valuation of $4,000.00 as made by Raymond M. Ball,
C. A. Whiddon, Sr., and E. F. Lane, local realtors, for entire tract with 100 ft. frontage on
French Avenue. He then advised that in connection with securing right-of-way across the ad-
Jacent property from Sun 0il Company for widening French Avenue, it would be necessary for the
Oil Company to secure a parcel of the aforesaid City p~mperty, size 35 ft north and south by
25 ft. east and west in southwest corner, for a side loading platform in order not to relocate
the office building and tanks to make room for the loading platform in front of their property.
Thereupon Commissioner Carraway moved that Mr. Brown be given first refusal to pur-
chase the remaining part of the property if satisfactory negotiations can be workedout with Sun
Oil Company to acquire the 35' x 2~' tract in southwest corner.
Seconded by Commissioner Chase and carried.
G. W. Spencer, Attorney for Mr. & Mrs. Roy Howell, Jr., next appeared with reference ~
suit filed for alleged damages in sum of $75,000.00 sustained as result of accident with City's
truck on January 28, 1952. He claimed that Mr. & Mrs. Howell had failed to serve written notice
on the City of their injuries and damages as result of said accident within the 30 days re-
quired by Section 173 of the City Charter because they lived outside the City and were not aware
of the requirements. Also, claiming that during the 30 day period the adjustor for the
Insurance Company carrying public liability and property damages coverage on City's truck had
advised them not to employ an attorney to handle their claim, and if they did he would not be
able to make settlement, but after the 30 days had elapsed the adjustor told them that if
they were not satisfied with the way he was handling the claim to employ an attorney. Mr.
Spencer then requested the Commission to waive the Charter requirement of 30 days notice in
this case and withdraw the City's motion filed by the City Attorney tar dismiss the suit because
of failure to serve such notice.
The City Attorney then advised the Commission it was questionable as to City's legal
authority to waive such notice. Also, that the City in accepting the insurance policy had
entered into contract to cooperate with the insurance company in settlement of all claims, and
~hat the company would probably void the poli~¥ and the City would have to assume the liability
if such notice was waived.
After considerable discussion the Commission denied Mr. Spencer's request but advised
him that the matter would be taken up with the Insurance Company.
Messrs. Frank L. Miller and R. W. Herron next appeared with further reference to
eliminating the short street east of the triangle park in intersection of Park Avenue and 25th
Street advising that it was not o~ly a traffic hazard but damaging Mr. Herron's business because
of blocking prospective customers from driving into his place of business due to not adhering to
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380
It-40750
MINUTES
City Commission, Sanford, Florida,... APrtl 28...a~ 8 P. M 19 52
State Road Department
missioner Chase moved that the short street be
but same died for lack of a second.
Messrs. Albert Fitts, G. W. Spencer,
to make a further survey of the intersection for recommendations, Cpm-
closed for 30 days on trial by barricading it,
T. E. Tucker, Jr., and J. M. Higgins, represent-
lng the Sanford Port Terminal and Warehouse Association, next appea~ with further reference to
proposal to lease the City's lake front property for the purpose of developing dock and terminal
facilities.
The City Attorney then submitted an outline of tentative form of 99-year lease which
embodied terms, conditions and stipulations tentative agreed u~on, and rental cherge to be
agreed upon on either a percentage of net profits, c~,
tonnage handled or percentage of tonnage fees. Also,
agreed upon.
Mr. Fitts, Chairman of
on a tonnage basis of flat charge for
the area and description of land to be
the Association, next advised that ~ey had made a careR1 study
and survey of the proposed project and that the minimum land requirements for docks, warehouses
and boat basin, includi~ turning basin, would be 35 acres.
Thereupon after considerable discussion and study of area of land owned by the City,
Commissioner Carraway moved that the City grant the Sanford Port Terminal and Warehouse Associ-
ation an option until July l, 1955, for a 99-year lease on the pr~erty bounded on East by
Holly Avenue, South by Fulton Street, West by Mill Creek and North by Seminole Boulevard, and
land necessary for a turning basin west of Mill Creek at no cost; and a five year option to
lease the property located between Holly Avenue and Maple Avenue.
Seconded by Commissioner Kadet and carried.
Tommie M. Stringer next submitted application for position of director of summer
recreation program for coming season, together with detailed program of proposed activities
for the 12 weeks period, the total proposed estlmeted budget of expenditures amounting to
$2,095.00.
Thereupon after careful study of the program, Commissioner Carraway moved that an
expenditure of $1,600.00 be appropriated for the proposed summer recreation program and also
the acceptance of application of Tommie N. Stringer as director, at salary proposed in the
program.
Seconded by Commissioner Chase and carried.
The following bids next submitted for furnishing an electric range and an 8 cuft
refrigerator for the new tourist building:
BATTEN ELECTRIC COMPANY
I General Electric Refrigerator, $187.70
1 " " Range, Model 155.31
343. O1
MILLER RADIO AND APPLIANCE
1 Westinghouse Refrigerator
I " Electric Range
SANFORD ELECTRIC COMPANY
Model NB8HS
CllJ1
Total
Total 384.99
1 General Electric Refrigerator, Model NC88
1 " " Range, Model Cll Total 369.85
Thereupon on motion of Commissioner Carraway, seconded by Commissioner Chase, the
Commission accepted the lowest bid, that of Batten Electric Company.
Resignation of H. J ~a~ Gut as a member of the Board of Bond Trustees, next submitted,
and on mo~ion of Commissioner Ivey, seconded by Commissioner Kadet, same was accepted.
MINUTES
381
Wl~M~ April 28 at 8 P.N. 52
City Commission, Sanford, ....... , .................................................................................. 19
On motion of Commissioner Chase, seconded by Commissioner Ivey and carried, the
Commission next authorized the purchase of a booster pump for the Water Deoartment from
Lee Brothers Plumbing Company.
On motion of Commissioner Carraway, seconded by Commissioner Chase, Fire Chief
Cleveland was next authorized to attend the State Fireman's Convention to be held in Miami on
Nay 7-10, the expenses l'n connection therewith to be borne by the City.
Request next received from A. D. Rosier for the City to close the north and south
alley located between his property described as North 1/2 of Block 2 of Tier 8, E. R. Trafford's
Map, advising that he would like to extend his warehouse across the alley and would i~tall a
cast iron sewer pipe to replace the existing 21" sanitary sewer in the alley.
After discussion and on motion of Commissioner Ivey, seconded by Commissioner
Carraway, the City Attorney was directed to prepare the necessary ordinance providing for
closing the alley.
Further request next received from the colored Banford Giants Baseball Club to use
the old baseball park on Sundays during balance of season, and same was referred to the Stadium
Committee, together with request for recommendations on matter of repovatlng the old park facilities.
On advice that the new tourist buildinghad been completed, Commissioner Kadet next
moved that same be turned over to the Beminole County Chamber of Commerce for immediate use of
tourist club.
Commissioner Chase next introduced Resolution No. 806, and after being read in full
moved its passage and adoption.
Seconded by Commissioner Carraway and carried by the following vote of the Commission:
Commissioner Stamper Aye
" Carraway Aye
" Chase Aye
~: " Ivey Aye
" Kadet Aye
Said Resolution No.
A RESOLUTION OF THE
806 beingin words and figures as follows:
CITY COMMISSION OF THE CITY OF SANFORD, FLORIDA,
RESCINDING RESOLUTION NO. 680, ADOPTED OCTOBER 9, 1944, INSOFAR AS
BANE RELATES TO LOTS SIX TO NINE, BOTH INCLUSIVE, OF BLOCK ELEVEN,
OF TIER EIGHT, OF E. R. TRAFFOIiD'S MAP OF BANFORD, FLORIDA, VACATING
THE DEDICATION OF SUCH PROPERTY MADE BY SAID RESOLUTION; AND REQUEBT-
ING THE COUNTY COMMISSIONERS OF SEMINOLE COUNTY, FLORIDA, TO REVOKE
THEIR DEDICATION OF SUCH PROPERTY FOR A PUBLIC PARK AND TO OFFER
SAID PROPERTY FOR BALE.
WHEREAS, by Resolution No. 680, adopted October 9, 1944, the City Commissioners of
the City of Sanford, Florida, requested the Board of County Commissioners of Seminole County
Florida, to dedicate the property hereinafter described for use as a public park, and by said
Resolution No. 680, the City Commission concurred in the dedication of said property for said
purpose, and
WHEREAS, the said Board of County Commissioners,
forth in the minutes of, their meeting of October 3, 1944,
said purpose, and
WHEREAS, it appears
to such dedication and that no
by resolution adopted at, and set
did dedicate the said property for
is for the best interests of the public that the purpose for which said dedication was made be aban-
doned and the dedication vacated, and that such property be offered for sale, and said Board
of County Commissioners have indicated a desire to offer said property for sale, and it is appro-
priate, that the .fo~1~ ~t~ ~ ~..~ ~4~- + ........ ~ ~
that no expenditures for public improvements have been made pursuant
acceptance of dedication has been made by public use, and that it
382
MINUTES
City Commission, Sanford, Florida,...~ril~-at ~ P' M* 19 52
H-40750
said Board of County Commissioners, and desires further to vacate its own dedication cf said
property and to concur with said Board of County Commissioners in their vacation of the same.
NOW, THEREFORE, BE IT RESOLVED, by the City Commission of the City of Sanford, Florida,
that Resolution No. 680, adopted October 9, 1944, by the City Comm~sion of the City of Sanford,
Florida, be and the same is hereby rescinded insofsr as the same applies to the property
situate in Seminole County, Florida, described as follows:
Lots 6, 7, 8 and 9 of Block 11, of Tier 8, of E. R.
Trafford's Map of Sanford, Florida, as recorded in
Plat Book 1, pages 56-64, of the public records of
Seminole County, Florida.
and that the dedication of said property for use as a public park to be known as "Hynes Memorial
Park", as provided in said resolution, be snd the same is hereby revoked, vacsted, and rescinded.
BE IT FURTHER RESOLVED, That the Board of County Commissioners of Seminole County,
Florida, be and they are hereby requested to vscate and revoke their dedication of the
above described property for the purpose aforesaid as appears by resolution adopted by said
Board of County Commissioners October 3,.1944, and that the City Commission of the City of
Sanford, Florida, does hereby concur in and agree to the vacation and revocation of such
dedication by said Board of County Commissioners, and
BE IT FURTHJZR RESOLVED, That said Board of County Commissioners are hereby requested,
after vacation by them of their dedication as aforesaid, to offer said property for sale.
BE IT FURTHER RESOLVED, That a certified copy of this Resolution be filed with the
Clerk of the Board of County Commissioners of Seminole County, Florida, and
BE IT FURTHER RESOLVED, That this Resolution shall become effective imnmdtately upon
its passage and adoption.
PASSED AND ADOPTED this 28th day of April,
si w.
ATTEST:
1952.
H. N. Bayer
City Clerk
The Clerk next advised that
H. Stemper
Andrew Carraway
Randall Chase
John D. Ivey
John L, Kader
As the City Commission of he
City of Sanford, Florida.
the
5 acre tract of land located immediately north of
and platted into lots for sale,
the City purchase the property
the municipal cemetery is being cleared, graded and leveled,
which is owned by Leo Rosen, of Miami, and recommended that
for future expansion of the cemetery.
After discussion the Commission directed that
consideration.
purchase price be obtained for further
Letter next submitted from John Gray, of Pensacola, requesting another purchase
option on Lots 20 thru 34 of Lake View Park, for the purpose of cor~ructing an apartment
with provision for adding two wings of~elve units each after
a demand.
on motion of Commissioner Ivey,
Gray an option for 90 days
building with thirty-six units,
operation proves there will be
After discussion and
the Commission offered to grant Mr.
seconded by Commissioner Carraway
for sum of $100.00 to pu~hase the
north portion of the property consisting of Lots 20 thru 30, at price of $5,000.00, conditioned
that a thirty-six unit apartment building be constructed thereon. The $100.00 option fee to be
MINUTES
~1,~ April 28 at 8 P.M. 2
City Commission, Sanford, ...... , ........................................................................... 19 5
383
applied on purchase price when the option is exercised.
There being no further bueinese the meeting then adJc~ned until
P, M. May 9, 1952.
8:00 o'clock
ATTEST:
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