062556-Regular SessionlJtshop Office Equf~,cn~; 06., Inc., Off.undo,
MINUTES
June 25 at .8:O0 P.M.
City Commission, Sanford, Florida,
19 56
73
The Citly Commission of the City of Sanford, Florida, met in regular session at the City
Hall~n the City of Sanford, Florida, at 8:00 o'clock P. M. June 25, 1956.
Present: Commissioner F. D. Scott, Mayor
" David M. Gatchel
" Earl Hlgginbotham
" John S. Krider, 8r.,
" A.L. Wil so n
OityAttorney W. C. Hutchison, Jr.
CityClerk H. N. Sayer
CityManager W. E. Knowlea
Chief of Police R. G. WillJams
Meeting called to order by the Chairman.
On motion of Commissioner Krider, seconded by Commissioner Gatchel and carried, minutes
of special meeting of June 4, regular meeting of June 11, and special meeting of June
1956, approved.
A delegation of 14 property owners and residents within the vicinity of Third Street
and Myrtle Avenue, with C. T. Jardine as spokesman, next submitted a petition of protest
against the Miracle Concrete Company operating a ready-mixed concrete business at said location,
because of creating a nuisance and health menace to the neighborhood, Mr. Jardine sta1~ed
that the nuisance was caused from the noise !~rom the machinery and trucks which start up
early in the mornings, and the health menace from the duet and dirt settling in their homes,
and also from~;the burning of concrete bags and rubbish on t he premises. He also stated that
he could not use his garage which is next door to the plant, because they kept the adjacent
alley blocked by parking their trucks in it.
Mrs. Mabel Brown, who lives next door to the concrete plant, also voiced her objections
and said that it had depreciated her property over 50 per cent.
The matter was then referred to the City Attorney who explained that the conditions
existing, relative to the operations of the concrete plant, fall within the scope of a
private nuisance, and advised the delegation that they, as private citizens, are the only
ones that can take legal action to correct same, by seeking an injunction in a court of equity.
He further explained that such operation was not a public nuisance because it did not affect
the entire city, and since the concrete company is not violating t.hs Zoning Ordinance because
the property is zoned for such usage, ths City Commission could take no action because the
City has no legal right to interfere when "private rights" are involved. Mr. Hutchison further
advised that the City could take action to prevent the blocking of the public alley and burn-
ing of rubbish on the premises, which are in violation of City's ordinances.
Mayor Scott then expressed lt s regrets of the City's position in the matter, and assured
the delegation that the City would take action to stop the burning of rubbish and also the
blocking of the adjacent alley. He also advised t hat t he Commission would be glad to confer
with their attorney concerning any assistance the City can render in their behalf.
A proposed Agreement with Florida Power & Light Company for supplying all power and
energy required for and in connection with City of Sanford's high lift water pumping plant
located at 13th Street and French Avenue in said city, was next submitted for consideration.
Thereafter t here was a full discussion of the provisions of said proposed agreement.
On motion of Commissioner Krider, seconded by Commissioner Higginbotham, and carried,
the Commission approved the proposed agreemer~ and authorized the Mayor and City Clerk to
execute same on behalf of the City by the following vote:
Commissioner Scott Yea
" Gat che i Yea
l~shop &fiice Equipment Co., Inc., Orlando, Irlorida
MINUTES '
City Commission, Sanford, Florida, 2.,I~n~5 25 at 8 P. M.
m 56
THIS AGREEMENT, made this 25th day of June 1956 by and between CITY OF SA~FORD, ELORIDA,
a municipal corporation organized and existing under the laws of the State of Florida, ~here-
inafter called the Customer) and FLORIDA POWER & LIGHT COMPANY, a corporation organized and
existing under the laws of the State of Florida (he~einafter called the Company).
W I T N E $ S .E T H:
THAT for and in consideration of the sum of One Dollar ($1.00) paid by each party here-
to to the other, and of the covenants and agreements herein set forth, the parties hereto
covenant and agree as follows:
1. That the Company shall supply and ~he Customer shall receive and pay for all power
and energy required for and in connection with the Customer '$ high llft water pumping plant
located at 13th Street and French avenue, Sanford, Florida, in accordance with the terms and
conditions of the Company's attached Rate Schedules WP, marked Exhibit "A" and made a part
hereof.
2. That the minimum quan~ity?.:of power contracted for hereunder and to be received and
paid for by the Customer shall be 15 Kw of Demand.
3. That the point of delivery for t~ electric power and energy delivered hereunder
shall be where the Company's wires or apparatus connect withehose of the Customer.
4. That the electric power and energy delivered hereunder shall be of ths character
commonly known as alternating current of approximately 2300/4160 Y volts and approximately
sixty cycles 3 phase, and 4 wire, and shall be metered at 4160 volts.
5. That all payments shall be made at the Company's office in Sanford, Florida.
6. That the tern of this Agreement shall be for thirty (30) years from July 2, 1956,
provided, however, that Customer shall have the right and privilege to cancel this Agreement
on the fifth, tenth, fifteenth, twentieth or twenty-fifth anniversary date of t his Agreement
by giving to Company written notice of it~ in~ention to so do at least sixty (60) days pric~
to ~he anniversary date on which the Agreement is to be cancelled.
7. That if, during the term of this Agreement, the Company makes effecti~ve any other
rate Schedule applicable to ~he class of service rendered hereunder which would result in a
net annual bill to Customer equal to or lower than Customer's net annual bill based on
tomer's bills ending on the last meter reading date prior to the effective date of such
Rate Schedule, then the Company shall notify Customer in writing of such other Rate Schedule
and shall de~IveP to Customer with the said notice a copy of such other Rate Schedule, and
other Rate Schedule shall be automatically substituted for the Rate Schedule now a part of
this Agreement, unless Customer notifies the Company in writing within thirty (30) days
from the receipt c~ Company's notice, that Customer objects to such substitution and, if ~here
is no objection, beginning with the first billing period ~hereafter, Customer shall be billed
and pay the Company in accordance with the terms and conditions of such substituted Rate
S chedul e.
8. That it is mutually agreed, should the Customer fail at any time or from time to
time, to make payment as provided for herein for ~he power and energy furnished hereunder or
otherwise fail to perform any of the te~ms and!~x. conditions of this Agreement, that the Cropany,
at its option, may cease to supply power and energy to the Customer hereunder, it being
understood andsgreed, however, that such discontinuance of the supplying of power ard energy
by the Company shall not be a breach of this Agreement by the Company nor shall cancel any
.B~sho%. Olll,~,: i,~q'n~p~-~en% U6., l~c., uxJ. ando.
MINUTES
City Commission, Sanford, Florida, June . 25 at ~ P. M.
19 56
75
9- That for and in consideration of the sum of $16,300, paid herewith by the Company
to the Customer, it is agreed that the Customer hereby sells to the Company the following
water pumping equipment:
2 - 2000 GPM 8 x 10 Fairbanks-Morse centrifugal pumps,
each direct connected to a 100 HP 1800 RPM 2300
Volt 3 Phase 60 Cycle Fairbanks-Morse motor, in-
cluding starting equipment.
The Customer, at its cost and expense,. will remove this pumping equipment from its
foundation at the Customer's water pumping plant at 13th Street and French Avenue and make the
said equipment available for loading by the Company.
10. That the following equipment -
2 - 150 hp Fairbanks-Morse Diesel Engines driving
2 - 125 KVA .8 PF 2300 Volt 3 Phase 60 Cycle Fairbanks-
Morse generators, including switchboard equipment.
will be left in place as now installed at the said water pumping plant and will be operated
by the Customer only upon request of the Company for "peakirE" purposes, breakdown or for
other reasons if the occasion so demands; it is agreed, however, that the Customer will operate
this equipment for testing purposes from time to time and further that the Customer may op-
erate this equipment during any emergency without the consent of the Company.
EXHIBIT "A" on file in office of City Clerk
For and in consideration of the Customer's owning, operating and maintaining at its
expense the aforesaid two Diesel engi~, generators, and switchboard equipment, and for making
such equipment availabe to th~ Company, the Company agrees to pay the Customer an annual
rental of $2400, payable at the rate of $200 per month. Such monthly rental payments shall
be paid at the end of each month while this Agreeme~ is in effect; however, in the event
the equipment is destroyed or for any reason is not made or continued available to the Company
for the above purposes then no further rental or rentals shall be owing Customer by Company.
11. That this Agreement supersedes all previous agreements or representations, either
written or verbal, heretofore in effect between the Company and the Customer, made with
respect to matters herein contained, and when duly executed, constitutes the Agreement between
the parties hereto.
12. That this Agreement shall inure to the benefit of an be binding upon the respective
helors, legal. respresentatlves, successors and assigns of the parties hereto, but the Customer
shall not assign this Agreement without first having obtained t he written consent of the Company.
IN WITNESS WHEREOF the parties hsreto have caused this Agreement to be duly executed in
triplicate the day~ and year first above written.
Witnesses for the Customer:
Rosa M. Rotundo
S. W. Easterby
Witnesses for the Company:
Marlan W. WillJams
B. S. Austin
CITY OF SANFORD, FLORIDA (SEAL)
By: F.D. Scott, Mayor
A~test: H.N. Sayer, City Clerk
FLORIDA POWER & LIGHT COMPANY
BY: H.H. Coleman, Division Manager
Attest: W. F. Blaylock
Ralph and William Bruce next appeared and requested permission to park a house trailer
in back of 1601 W. First Street until such time they can erect a dwelling on the property,
advising that they wouE connect the trailer to the City's water and sewer system.
After discussion, and in view of City's ordinance requiring all house trailers to be
76
Bishop ~)ffice Equipmen~ Co., lnc., Orlando, l~lc.rida
MINUTES
City Commission, Sanford, Florida, June .25 at 8 P. N.
19. 56
In connection with the City's offer to convey the old Fernald-Laughton Memorial-Hospital
property go the Board of Trustees of Seminole Memorial Hospital for the perpectuation of the
Fernald-Laughton Memorial Wing of said new hospital, which was authorized by the City Commissio.2
at meeting of May 28, 1956, the City Attorney next advised that under the provisions of the
State Law, the property will have to be conveyed to Seminole County, and controlls d by said
Board of Trustees in accordance with the terms of the deed..
After discussion, and on motion of Commissioner Higginbotham, seconded by Commissioner
Krider and carried, the Commission authorized the conveyance of said Fernald-Laughton Memorial
Hospital property to Seminole County for the purpose outlined in the authorization of Nay 28,
1956, conditioned that it will relieve the City of any and all obligations in connection
therewith.
The City .Manager next brought up matter of submitting a request to the Board of County
Commissioner to provide sufficient funds in next fiscal year's budget appropriation for the
Seminole County Health Unit for the employment of an additional~ sanitarian, in order to pro-
vide adequate services for the municipalities within the county.
After discussion the City Manager was authorized to submit such request to the County
Commis s i chefs.
On motion of Commissioner Higginbotham, seconded by Commissioner Krider and carried,
the City Manager was next authorized to advertise for bids for purchasing the following
equipment for the Wa~er Department at estimated cost of $20,500.00, the delivery date to be
specified: Two motors and pumps for the pumping station, one motor and booster pump for the
transmi~ sicn line, and one motor and pump for well No. 1.
Letter next submitted from V. J. Wright tendering his resignation as.'a member of the
Zoning and Planning Commission, and on motion of Commissioner Wilson, seconded by Com-
missioner Krider and carried, same was accepted by the Commission.
Request next submitted from Odham & Tudor, Inc., for installation of 9 new street lights
and the relocation of one existing light in Grove Manors Subdivision, and on moti on of Com-
missioner Higginbotham, seconded by Commissioner Wilson and carried, same was approved upon
the recommendation of the City Manager.
Further consideration next given to the authorization at meeting of February 13, 1956,
to designate a portion of the police officers' wages as subsistence, which can be excluded
from their gross income and exempted from income tax under the provisions of Section 120 of
1954 Internal Revenue Code.
After discussion Commissioner Higginbotham moved that the City Attorney prepare the
necessary Ordinance designating a subsistence of $2.50 per day, of the wages paid to all
police officers, effective October l, 1956. Seconded by Commissioner. Krider and carried.
Commissioner Higginbotham next brought up the traffic problem of parking vehicles in
the stalls in downtown area which are too narrow for current ~odel automobiles. He pointed
out that the stalls were designed several years ago when automobiles were much nattower, and
recommended that they be widened at least six to eight inches in order to accommodate the
late model cal~s and allow the occupants to g.: et in arfi out without having to wait for adjacent
cars to be moved. Commissioner Higginbotham then moved that in order to correct this parking
problem, that the parking meters and stalls be removed from the corners of First Street and
Magnolia Avenue, and the parking stalls on both streets be widen as the lines are needed to
l~tshol~ O~flce Equipmcn~ Co., h~c., OMithalo, Irlorida
MINUTES
June 25 at 8, P. M.
City Commission, Sanford, Florida,
m 56
a second.
After discussion the matter was referred to the Chief of Police for survey of l~he
entire downtown area, and report to the Commission a recommendafire for alleviating the
narrow s~alls.
Commissioner Wilson nex~ brought up matter of eliminating "no lef~ turns" at inter-
section of Park Avenue and First Street, and after discussion the feasibility of installing
"walk" signals for corss-walk pedestrian traffi~ was also referred to the Chief of Police for
study and r ecommendati on.
There being no further business to come before the City Commission, on motion duly
made and seconded, the meeting was adjourned at 10:30 o'clock P. N.
; City
ATTEST: :-~:,,~::;
MAYOR