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052856-Regular Session MINUTE:S · City Commission, Sanford, Florida, May 28 at 8 P. 1~. 19~6 Bishop Office EquipLqell% C~., h~c., Oxlando, _vlc~Ida "' ' The City Commission of the City of Sanford., Florida, met in regular session at the City Hall in the City of Sanford,' Florida, at 8:00 o'clock P.M. Nay 28, 1956. Present: Commissioner F. D. Scott, Mayor " David M. Gatchel " Earl Higginbotham " John S. Krider Sr., " A.L. Wilson City Attorney W. C. Hutchleon, Jr., City Cle~ H. N. Sayer City Manager W. E. Knowlee Chief of Police R. G. Will. Jams Meeting called. to order by the Chairman, and on roll call all of the members of the City Commission were found to be present. Messrs. Robert F. Fire, President, A. B. Wright, Vice-President, and H. H. Coleman, Division Manager of Florida Power & Light Company, next appeared and submitted a proposed new 30-year franchise to maintain and operate the electric distribution system in Sanford, under which the City would receive consideration as follows: Within 30 days after the effective date of t he f ranchlee and within 30 days after each anniversary date, beginning. in the year 1957 and ending in the year 1985, the Grantee will pay to the Grantor an amount which added to the amount of all taxes, licenses and other impositions levied or imposed by the Grantor upon the Grantee's property, business or operation for the.preceding tax year, will equal 6% of Grantee's revenues from the sale of electrical energy to residential and commercial customers within the corporate limits of Grantor for the 12 fiscal months preceding the anniversary date; the payment to be hale in 1956 to be based upon residential and commercial revenues for the 12 fiscal months immediately preceding the effective date of franchise. Mr. Fite advised that the first payment to be made to the City within 30 days after effective date of the franchise would amour~ to approximately $32,000.00, and. as a further consideration the Florida Power & Light Company would pay $75,000.00 over and above this first payment, since the citizens of Sanford voted to grant t hem a similar franchise i n 1950, upon which no action was taken by the City at that time. On motion of Mr. Higginbotham, seconded by Mr. Wilson and carried, a proposed ordinance, No. 580, entitled: "AN ORDINANCE GRANTING TO FLORIDA POWER & LIGHT COMPANY ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE, AND IMPOSING PROVISIONS AND CON- DITIONS ELATING THERETO". was read in full. Thereafter there was a full discussion of the provisions of said. proposed ordinance. On motion of Mr. Higginbotham, seconded by Mr. Wilson, the proposed ordinance was thereupon passed on first reading. by the following - YEAS: Messrs. Gatchel, Higginbotham, Krider, Scott and Wilson. Mr. A. H. Gaede, President of Sanford Gas Company, next appeared and advised the Com- mission of their intent to serve natural gas through their gas system in Sanford when it becomes available. He explained that four different companies had submitted application to Federal Power Commission for permit to construct a gas line into Florida for supplying natural gas, but that his company had not entered into a contract with either of them, but was wait- ing to sign up Kith whichever company is successful in securing the permit. Mr. Gaede advised, however, that he had filed a re~qluest for allocation of natural gas for Sanford and also a petition to intervene with the Federal Power Commission. He further advised that until such ttm~. ~ ~ th~ f~,~ ~nn]fo.~nt~ ~ecu~ the ~e~mlt from Federal Power Commission there is MINUTES · City Commission, Sanford, Florida, May..28 at 8 P.M. 1956 55 nothing for the Board of City Commissioners to do but promote the idea of bringing natural gas to Florida. Charlie Scott next appeared: and requested the City to close and vacate an unplatted public alley across his property, located on north side of W 19th Street (in Z~00 Block), which has been used by subs'cription for approximately 30 years. He advised that he purOhased tbl s lot for the purpose of erecting a dwelling thereon without the knowledge of this alley existed, since it is not a oublic record, and stated that due to it splitting the lot, which is only ll0 feet in width, he could not use it for the purpose intended unless the alley is closed. ~-' After discussion, in which Mr. Scott was advised that sinc,'e this alley has been used by subscription for such a long period of time it could not be closed without the consent of all the property owners within the block, but could be closed in exchange for alley along the side property line of his lot, which he was not a greea. ble to, no action was taken by the Commission. John Kader next appeared and requested free use of ~he Memorial Stadium on night of June 5, for a "Herman Morris Appreciation Night". He advised that they would only use it from 7:30 to 9:00 P. M., and would leave the grounds' in good condition. On motion of Commissioner Krider, seconded by Commissioner Higginbotham and carried, the Commission granted the aforesaid request. The following resolution next submitted from the Bca rd of Trustees of Seminole Memorial Hospital concerning the use and disposition of the old Fernald-I,aughton Memorial Hospital Bldg: R-E-S -0 -L-U-T-I-O-N W~iEREAS, since the completion and beginning of operation of SEMINOLE COUNTY PUBLIC HOSPITAL in Sanford, Florida, same bearing the name "SEMINOLE MEMORIAL HOSPITAL", such hospital has provided to the people of Sanford, Seminole County, and such other as have needed thereof, hospital facilities and services previously provided by FERNALD-LAUGHTON ~.~40RIAL HOSPITAL ASSOCIATION, Sanford, Florida, a non-profit corporation, under the laws of Florida, hereinafter called Association, and Association has offered upon tePmlnation of its affairs to transfer and convey unto the Board of Trustees of said Seminole County Public Hospital hereinafter called Trustees, upon co'nditions hereinafter recited, all the net assets of Association, and WHEREAS, the City of Sanford, Florida, a municipal corporation located in Seminole County, Florida, hereinafter called City, was grantee in a certain deed executed by ~BEL L. FERNALP, widow, under date of June 2, 1919, conveying to City the property situate in Seminole County, Florida, described as: Lots l, 2 and 3, of Block 7, of Tier 5, of City of Sanford, Florida, according to E. R. Trafford's Map $Hereof duly of record in the public records of Seminole County,'! Florida: which deed recited ~hat the property ;described was conveyed to City, "its successors and assigns, solely and exclusively to be used for and applied. to hospital purposes, and to be known and designated as the "FERNALD-LAUGHTON MEMORIAL", and not otherwise, pon recited conditions, of which those presently applicable include the provisiom that "all of the property hereby conveyed, and the moneys donated, and to be donated, together with the issues and profits thereof, shall forever be used solely and exclusively f or such hospital purposes. 56 MINUTES ' City Commission, Sanford, Florida, May 28 at 8 P..M. 19.56 and for the~:maifitenance and perpetdationof the said ~'FERNALD-LAUGHTON MEMORIAL' and not otherwise"; and "That nothing herein contained shall make it obligatory on the part of the said grantee to maintain in its present location the said property as and f ora hospital for a longer period than the life of the said grantor; P. ROVIDED, that said property, its issues, income and profits, shall be used forever as and for the perpetuation of the said 'FEPJ~YALD- LAUGHTON MEMORIAL', and not otherwise after the death of the said grantor"; and IT IS FURTHER Made and accepted as a condition and consideration of this indenture, and of the grant and donation herein contained, that the said 'FERNALD-LAUGHTON MEMORIAL' shall be NON-SECTARIAN, NON-DENOMINATIONAL AND NON-P~.CIAL Forever;" and WHEREAS, said Mabel L.Fernald died many years ago, and the property conveyed by her to City was equipped and operated by City and Association for hospital purposes in all ways in compliance with all the conditions of said deed during the lifetime of s aid Mabel L. Fernald, and up to the present time, and WHEREAS, transfer of the net assets of Association to Trustees, and further use of the above real property for the benefit of Seminole County Public Hospital, is upon condition that the name "FERNAL-LAUGHTON MEMORIAL" be perpetuated, and that the SEMINOLE COUNTY PUBLIC HOSPITAL" Be Forever maintained as non-sectarian, non-denominational, and non-racial, and it is necessary and proper that full and formal assurance be given by Trustees to Association and City that such condition has been met ar~ will always henceforward be met, and WHEREAS, the Association has requested that the Board of Trustees of the Seminole CountF Public Hospital invest the assets of the Association in capital improvements in the facilities of the Seminole Memorial Hospital, the same to perpetuate the "FERNALD_I~UGHTON MEMORIAL". NOW, THEREFORE, be it resolved by the Board of Trustees of the Seminole County Public Hospital that the Fernald-Laughton Memorial Hospital Association and. the City of Satford, Florida, be advised of the full compliance by the Trustees with the conditions above specified in that: First: The Seminole Memorial Hospital has been established and. is being operated, on a non-sectarian, non-denominational, and non-racial basis: Second: The Trustees have caused to be erected, equipped and placed in operation for hospital purposes the easterly wing of the Seminole Memoria~ Hospital known and designated as the Fernald-Laughton Memo~al Wing, at a cost exceeding $350,000.00, and to evidence such designation have caused to be installed on the South wall of the East Wing of said Hospital, a bronze plaque inscribed with the words: IN GRATEFUL MEMORY TO GEORGE M. FERNALD Y. ABEL L. FERNALD ELIZA J. LAUGHTON who assisted in establishment of the FERNALD-LAUGHTON MEMORIAL HOSPITAL 1919 1955 on a non-sectarian, non-denominational and non-racial bas is And on the North wall of the East Wing of said Hospital, a second bronze plaque reading: In Grateful recognition of Those Nurses, Staff and Officers Who, giving unstintedly of time and self have maintained and operated the Fernald-Laughton Memorial Hospital Surmounting grea~ difficulties and Re~derin~ invaluable service 57 MINUTES City Commission, Sanford, Florida, May 28 all 8 P.M. 1956 19 BE IT FURTFER P~SOLVED that The Seminole Memorial Hospital shall forever be maintained and operated as a non-sectarian~non-denominational and non-racial hospital; BE IT FURTHER RESOLVED th~at the EaSterly wing of the Seminole Memorial Hospital be, and the same hereby is, dedicated and designated as the FERNALD-LAUGHTON MEMORIAL WING, and that such wing together with the plaques therein installed, and hereby dedicated, shall be .maintained in perpetuity, as a Fernald-Laughton memorial. BE IT FURTHER RESOLVED That any funds or property hereafter received by the Trustees from the City of Banford or the Fernald-Laughton Memor&al Hospital ASsociation derived from the above described real property as income, proceeds, or otherwise, or from assets of said Association, shall be applied and used for hospital purposes and in memoriam of the name "Fernald-Laughton", in full compliance with all pertinent conditions of the aforesaid deed and of this resolution. BE IT FURTHER RESOLVED that any funds or property hereafter received by the Trustees from the City of ~anford or the Fernald-Laughton Memorial Hospital Association derived from the above real property as income, proceeds, or otherwise, or from the assets of said Association, shall be applied and invested in the capital improvement of ~he facilities of the Seminole Memorial HOspital in memoriam of the name "Fernald-Laughton", in full compliance with all pertinent conditions of the aforesaid deed and of this Resolution. Thereupon after discussion and careful consideration, Commissioner Higginbotham moved that the City quit-claim ~eed the old Fernald-Laughton Memorial Hospital property to the Trustees of Seminole Memorial Hospital fop the perpetuation of the 'Fernald-Laughton Memorial' as described in the foregoing resolution. Seconded by Commissioner Krider and carried unanimously. Application next submitted for transfer of liquor license of GoldsboPo Bar and Package Store at 1610 W 13th Street, !from E. B. Smith to A. Btinson Kinlaw and Ray E Ozier, and on motion of Commissioner Higginbotham, seconded by Commissione~r Krider and carried, same was approved upon recommendation of the City Manager. Petition next submitted from the residents on Margaret R~d, which is only one block in length, for installation of a street light on said street, and on motion of Commissb ner Wilson, seconded by Commissioner Gatchel and carried,'same was authorized upon recommendation of the City Manager. The City Attorney nex~ advised that M. E. Harris had refused acceptance of payment of one-half of her medical expenses in settlement of claim for damages for injuries sustained as a result of falling on sidewalk on January 21, 1956, pending advice from her attorney. The City Manager next reported* that wells Nos. I and i~ of the municipal water supply had gone dry, and that due to this emergency the depth of both wells were being extended with guarantee of 550 gmp from each, the estimated cost of No. ~ being ~2,000.00, and same was approved by the Commission. -~ Commissioner Gatchel next introduced Ordinance No. 581; entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, VACATING, CLOSING AND ABANDONING ALL OF TEAT CERTAIN PLATTED PUBLIC UTILITIES EASEMENT IN BLOCK 9 OF HIGHLAND PARK, ACGORDING TO PLAT BOOK 4, PAGE 28, SEMINOLE COUNTY PUBLIC RECORDS. and same was placed on first reading and read in full. Commissioner Higginbotham then moved the waiver of the requirement of the second reading of said Ordinance No. 581, and that same be placed on i~s final passage and adoption. Seconded by Commissioner Gatchel. 58 MINUTES City Commission, Sanford, Florida, May 28 at 8 P. M. I9 56 Thereupon the question recurred on the waiver of the requi-rement of the second reading, the roll was called and the vote stands as follows: Commissioner Scott Aye " Gat chel Aye " Higginbotham Aye " Krl~ er Aye " Wi I so n Aye Said Ordinance No. 581 was then placed on final passage and adopt~_.on, the roll was called and the vote stands as follows: Commiss!oner Scott Aye " Ga t c he 1 Aye " Hi ggi nbo tham Aye " K rid e r Aye " Wilson Aye Thereupon the Chairman announced that the City Commission of the City of Sanford, Florida, by unanimous vote had passed and adopted said Ordinance No. 581, entitled: AN ORDINANCE OF TPfiE CITY OF SANFORD, FLORIDA VACATING; CLOSING AND ABANDONING ALL OF THAT CERTAIN PLATTED PUBLIC UTILITIES EASEMENT IN BLOCK 9 OF HIGHLAND PARK ACCORDING TO PLAT BOOK 4, PAGE 28, SEMINOLE COUNTY PUBLIC RECORDS. On motion of Commissioner Ga-~chel, seconded by Commissioner Krider a~ carried, the Commission next adopted the following resolution pertaining to lease agreement with Atlantic Coast Line Railroad Company on that portion of their pipe line right of way, l0 feet in width, located within the Goldsboro Recreation Area: R-E-S-O-L4U-T-I-O-N Be it resolved by the City Commissioners of the City of Sanfor~., Florida, in regular meeting assembled, that the Mayor-Commissioner be, and he hereby is, authorized to enter into an agreement ~rith the Atlantic Eoast Line Railread Company, and to sign same on behalf of said City, whereby the said Railroad Company demises and leases Jointly unto the said City, the Board of Ccunty Commissioners and the Board of Public Instruction of Seminole County, Florida, the right and privilege of occupying and using that certain strip of land, property of s aid Railroad Company at Sanford, Florida; as particularly described in said agreement, which agreement is dated April 20, 1956. The City Attorney was next authorized and directed to submit a request to the Atlantic Coast Line Railroad Company to abandon and vacate that portion of their spur track extending north of Fulton Street, in order that the City may expand its zoo facilities. There being no further business to come before the City Commission, on motion duly made and seconded, the meeting was adjourned at 10:30 P. M. ATTEST: gm