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082756-Regular Session MINUTES City Commission, Sanford, Florida, August 27 at 8 P. M. 56 T..he City Commission of the City of Sanford, met in regular session at the City Hall in the City of Sanford, Florida, at 8:00 o'clock P. M. August 27, 1956. Present: Commissicner David N. Gatchel, Acting Mayor " Earl Higginbotham " John $. Krider, St. " A.L. Wilson City Attorney W. C. Hutchison, Jr. City Clerk H. N. Sayer City Manager W. E. Knowles Chief of Police R. G. Williams Absent: Commissioner F. D. Scott, Mayor Meeting called to order by the Chairman. On motion of Commissioner Higgirlmtham, seconded by Commissioner Wilson and carried, minutes of special meeting of August 6, and regular meeting of August 13, 1956, approved. In response to the request to Sanford Merchants Association for a recommendation concerning the matter of requiring merchants to remove all articles and merchandise from the sidewalks, letter next submitted from said association, advising that they had declined to make a recommendation relative thereto. The City Attorney then rendered an opinion, in which he advised that it was the City's responsibility to ikeep the, sidewalks clear of all obstructions, and that it would be liable for any accident caused by such usage. He also advised of recent similar case before the Supreme Court, in which the decision had been rendered but not officially released. After discussion, Commissioner Wilson moved that the matter be deferred until the City Attorney secures official information on the aforesaid decision. Seconded by Commissioner Krider and carried. On motira of Commissioner Higginbotham, seconled by Commissioner Krider and carried, the Commission next adopted the following Resolution for an easement from the Atlantic Coast Line Railroad Company to construct and maintain underground electric power lirs s underneath their track: RESOLUTION Be it resolved by the City Commissioners of the City of Sanford, Florida, in regular meeting assembled, that the May~ommissioner be, and he hereby is authorized to enter into and agreement with the Atlantic Coast Line Railr~d Company, and to sign same on behalf of said City whereby the said Railroad Company gives and grants to said City of Sanford, Florida, the right and privilege to lay and maintain underground electric power wire lines for the operation of traffic light signals across the right of way and under the tracks of the Atlantic Coast Line Railroad Company at Sanford, Florida, on the Railroad Company's Lake Charm Branch at the intersection of French Avenue and 13th Street, at points, respectively, 1502 feet and 1573 feet southeastwardly, measured along the center line of the main track of said Lake Charm Branch, from mile post U-769; the wire at the first mentioned point being also under- neath the spur track, as located southwest of said main track; as particularly described in said agreement, which agreement is dated August 1, 1956. Pursuant to authorization of City Commission at meeting of August 13, 1956, an appraisal report next submitted from A. B. Peterson, St., and Robert A. WillJams, local realtors, in which they appraised the following City owned property at $22,500.00, as today's fair market value: Lots l thru 5, Block 1, Tier 9, of Victor Che~k's Amended Plat, located at Northwest corner of French Avenue and Commercial Street. After consideration, the Commission directed that Edward G. Cox, who submitted an of- MINUTES .... City Commission, Sanford, Florida, August 27 at 8 P. M. 19 56 A committee from the American Legion Fair Association, with Joss S. Field as spokesman, next appeared with further reference to their offer to trade the City their present fair grounds, together with building, for sum' of $15,000.00, in exchange for approxi- mately 7 acres of the municipal well field property located on highway 17-9Z. Mr. Field advised of the necessity for securing a firm commitment from the City at th~s time on- the proposed ex- change, in' order that they may start immediate plans for holding their Fair in 1957. Thereupon after discussion, Commissioner Higginbotham moved. the acceptance of the foregoing offer, and that the p~chase of said property be included in the Capital Improvement Program, the payment of $15,000.00 to be made from the available funds on hand; and further moved that the City Attorney and City Clerk proceed with consummating the exchange of properties., reserving the necessary easement for a well in the southwest corner of the pDoperty to be con- veyed to the American Legion. Seconded by Commissioner Krider and ~arj~ied. Mr. Meyer Provus, of 817 Catalina Drive, next appeared concerning an accident oc- cutting on this date, caused by an aircraft from the Sanford Naval Air Station crashing into a residence near his home, and requested the Commission to submit a request to the Navy to change their flying pattern. Commissioner Higginbotham then explained that the Navy could nctt utilize the airport without flying over the City, and stated that the accident was most regrettable and unavoidable. Bill Evans next appeared and requested the City to close and vacate the North-south alley dividi.ing the north half of Block 2, Tier 10, E. R. Trafford's map, located between Maple and. Holly Avenues and First and Comne rcial Streets, in order that he may erect a warehouse on the entire north half of said block. After careful consideration, and in view of this alley 'not being opened for public use or used for utility purposes, Commissioner Higginbotham moved that the request be granted and that the City Attorney prepare the mcessary ordinance for adoption. Seconded by Commissioner Krider and carried, On recommendation of the City Attorney, and upon motion of Commissioner Wilson, seconded by Commissioner Higglnbotham and carried, the Commission next authorized an ordinance to be prepared, establishing a procedure for vacating and abandoning roads, streets, alleys and eas eme~t8. Don Gunnism representing Gunnlson 0 tdoor Advertising Company, next appeared and ' m~ submitted application to lease a space on City owned property on west side of French Avenue at Fulton Street for erecting a sign for displaying advertisement for the Valdez Hotel, but in view of City ordinance prohibiting signs from being erected on public property, the request was denied. The Chairman next brought up for further consideration the naval aircraft accident occurring within the City on this date, resulting in the loss of lives of three service men, one civilian, and property damage, and recommended that the Commission extend its sincere regre3s to the persons involved, andS'also commend the Sanford Naval Air Starira in its services, to- gether with the services of the Sanford Fire Depa~ment and others who assisted, for their prompt,efficient and courageous activities in connection with handling the accident. Thereupon Commissioner Krider moved that the City Attorney prepare an appropriate resolution for adoption. Seconded by Commissioner Wilson and carried. Ordinance No. 587, entitled: AN ORDINANCE OF THE CITY OF SANFOE, FLORIDA, AMENDING PARAGRAPH / 100 B~s~ep {F1~flce EquipxuenL (jL~., Ant.,' OrJaxAdu. Florida MINUTES City Commission, Sanford, Florida, August 27 at 8 P. M. 19 56 OF LICENSE TAX LEVIED AND IMPOSED UPON EVERY PERSON ENGAGED IN THE OCCUPATION DEALING WITH CARS FOR HIRE, DRIVE'IT-YOURSELF RENTAL SERVICE, SAID AMENDMENT PLACING A MAXIMUM OCCUPATIONAL LICENSE CHARGE FOR SAID OCCUPATIONS. introduced and placed on first reading at regular meeting of August 13, was next placed on its final reading. The roll was then called on the ~ ssage and adoption of said Ordinance No. 587, the vote being as follows: Commissioner Gatchel Yea " Higginbotham Yea " Krider Yea " Wi 1 so n Yea Thereupon the Chairman announced that the City Commission of the City of Sanford, Florida, by unanimous vote had. passed and adopted said Ordinance No. 587, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING PARAGRAPH 19 (d) OF SECTICN 1A~-13 OF CHAPTER 14 OF THE CODE OF THE CITY OF SANFORD, FLORIDA 1954, SAID PARAGRAPH PROVIDING FOR THE AMOUNT OF LICENSE TAX LEVIED AND IMPOSED UPON EVERY PEB~ON ENGAGED IN THE OCCUPATION DEALLING WITH CARS FOR HIREI, DRIVE-IT-YOURSELF RENTAL SERVICE, SAID AMENDMENT PLACING A MAXIMUM OCCUPATIONAL LICENSE CHARGE FOR SAID OCCUPA'~I ONS. As a result of Herbert H. Collier, Jr., stopping the City from'cleani~ out that pcP tion of a drainage ditch in back of his residence at 1325 Summerlin Avenue, Commissioner Higginbotham next introduced Resolution No. 876, and moved its passage and adoption. by Commissioner Krider and carried by the following vote of the Commission: Commissioner GatcHelI Yea " Higginbotham Yea " Krider Yea " Wilson Yea Seconded Said Resolution No. 876 being in words and figures as follows: A RESOLUTION OF THE CITY COMMISSION OF· THE CITY OF SANFORD, FLORIDA, DIRECTING HERBERT H. COLI, IER, JR., AS THE OWNER OF LOTS 9, 10, AND 11 OF BLOCK D, BUENA VISTA ESTATES, ACCORDING TO PLAT BOOK 3, PAGES 1 AND 2, SEMINOLE COUNTY PUBLIC RECORDS, TO(PEN AND CLEAN OUT THAT CERTAIN DRAINAGE DITCH LOCATED ALONG THE EAETERLY BOUNDARY OF SAID PROPERTY IN THE INTEREST OF PUBLIC HEALTH, ~ELFARE AND SAFETY. WHEREAS, Herbert H. Collier, Jr., is the owner of Lots 9, 10 and 11 of Block D, Buena Vista Estates, according to Plat Book '3, pages 1 and 2, Seminole County Public Records,and WHEREAS, Said land and the property adjacent thereto, includlrg the area known as Wynnewocd and Bel Air in the City of Sanford, Florida, are generally regarded aS being low lane where there has in the past been an acute problem from the standpoint of water drainage and overflow, and WHEREAS, There is at the present time a drainage ditch running north frcn the section known as Wynnewood to Lake Monroe on the easterly side of the aforesaid property and adjacent thereto, said ditch draining the entire area known as Wynnewood, Bel Air and Buena Vista Estates, which said ditch when closed or blocked causes an accumulation of water and overflow of surplus waters in the areas aforementioned., and WHEREAS, The City Commission of the City of Sanford, Florida deems it expedient for the preservation of the public health and welfare, and in order to prevent continued overflow of surplus waters, that the potion of said ditch adjacent to on the easterly side of the afore- said Lots 9, 10 and 11, Block D Buena Vista Estates, and owned by the said Herbert H. Collier Jr., be cleaned out and opened so that the free drainage of surplus waters north to Lake Monroe will be possible, NOW THEEFOE, BE IT RESOLVED, By the City Commasion of the City of Satford, Florida, MINUTES' City Commission, Sanford, Florida, AUgust. E7 at 8 p.M. 19.56 Block D, Buena Vista Estates, according to Plat Book 3, pages 1 and 2 Seminole County Public Records, within ten days from the date of service of this Resolution, said opening and cleaning out being done in such manner as to provide for the free flow of waters through said ditch. BE IT FURTHER RESOLVED, ThAt a copy of this Resolution be spread upon the minutes of the City Commission of the City of Sanford, Florida, and a certified copy thereof be served by the Sheriff of Seminole County, Florida on the said Herbert H. Collier, Jr. BE IT FURTHER RESOLVED, That this Resolution become effective immediately upon its passage and. adoption. PASSED AND ADOPTED This 27th day of August. A. D. 1956 s/ F. D. Scott, Mayor' David M. Gatchel (8 EAL) John Krid er Earl Higginbotham Attest: H.N. 8ayer City Clerk A.L. Wilson As the City Commission of the City of Sanford, Florida The Board next proceeded to a study and discussion of the proposed budget of reve- nues and expenditures of the Utility Department (Water & Sewer), for fiscal year 1956-1957, as prepared and submitted by the City Manager. After careful consideration of the aplropriations for each department, and on motion of Commissioner Krider, seconded by Commissioner Higginbotham and carried, the Commission ap- proved the Utility budget, subject to adoption by appropriate budget resolution and ordinance. There being no further business the meeting then adjourned until 8:00 o'clock P. N. August 28, 1956. MAYOR Attest: gm