012758-Regular Session336
MINUTES
City Commission, Sanford, Florida,
Januany 27, at 8 P. M. 19.58
The City Commission of the City of Banford, Florida met in regular session at the City
Hall in the City of Banford, Florida at 8:00 o'clock P. M. on January 27, 1958.
Present: Commissioner Merle Warner, Mayor
# R.S. Brown
" D.M. Gatchel
" Earl Higginbotham
" A.L. Wilson
City Attorney W. C. Hutchison, Jr.,
City Clerk H. N. Bayer
City Manager W. E. Knowles
Deputy Clerk H. N. Tamm, Jr.,
Police Chief R. G. Williams
The meeting was called to order by the 0hairman.
The first order of business was a Public Hearing to consider revocation of license of
Charles Gormly, doing business as Gormly, Inc., as proposed and authorized at the Commission
meeting of January l~, 1958.
An agreement executed by Charles Gormly was then submitted by Gordon V. Frederick,
Attorney for Charles Gormly as follows:
AGREEMENT
AGREE~NT, Made and dated this 27th day of January A. D. 1958, by and between CHARI~B
E GORNLY of Banford, Beminole County, Florida, party of the first part and THE CITY OF BANF G~D
FLORIDA, a municipal corporation, as party of the second part.
WITNEBBETH, That whereas said ~ty of the first part is the owner of certain land
situated in the County of Seminole, State of Florida, to-wit, the East 85 feet of the South
Half of Lot 7, Block $, Tier 2, and the East 85 feet of Lot 8, Block $, Tier 2, E. R. Trafford
Nap of Sanfo rd as per Plat Book l, Pages 56 - 64, Public Records of Seminole County, Florida,
and
WHEREAS, During the month of December, ~. D. 1956, the party of the first part did
construct an additi~ to certain buildings situated upon the above described property without
having first complied with existing city ordinances relative to the obtaining of a building
permit and without constructing such additions in compliance with t he building code then
there in full force and effect in the City of Banford,~Florida, and
WHEREAS, Said party of the first part in owning and utilizing .the above described
property has violated other~ existing ordinances _of the City of Sanford, Florida,' to the end
thaZ said City of Banford, Florida, under Section 1~-8 of the Sanford City Code did propose a
public hearing for ~he purposes of revoking the occupational license of said party c~ the firs
part, and
WHEREAS J Said, party of the first part has and does hereby desire to remedy any con-
ditiom,arising by virtue of his violation of the ordinances of the City of Sanford, ~lorida,
now therefc~ e
IT IS HEREBY STIPULATED AND AGREED BY AND BETWEEN the said parties that the City of
Banford has and does hereby waive any existing violations of the Banford Gtty Code arising
by virtue of the ownership by the party of the firwt part of the lands hereinabove ~scrlbed
and said party of' the second part does hereby consent to the unrestricted utilization by the
party c~ the ~irst par~ of the buildings and improvements located upon the above_.described land
from this d a~e and con,inuring until the /~th day of November A.D. 1959.
Party of the first part, for and in consideration of the foregoing, does hereby convena
and~gree with said party of the second par~ that on or before the Sth day of N~ember, A. D.
1959, said party of the first part shall cease and desis~ any use of the buildings and improve-
MINUTES ...... .... -- -'
City Commission,~ sah£m-d,' FI0rida, Januar¥~, 27 at 8 P.M. 1958
337
ments situated upon the land as hereinabove described ,and said mrty of the first part shall
not later than DecembeP 1, 1959, remove the existing structures and improvements upon the
premises hereinabove described which said removal shall be completed not later than the 31st
day of December, A. D. 1959.
IT IS FURTHER AGREED That if the party of the first part shall fail, neglect or
refuse to remove the existing buildings and structures located upon the above described
property as provided for in this Agreement then the party of the second part may, at its optic
enter upon the premises and remove such buildings, improvements, or structures without being
liable therefor and said party of the first part does hereby expressly give his consent to
such action on the part' of the party of .the second part.
IT IS UNDERSTOOD AND AGREED That should it become necessary for the party of the
second part to remove the existing structures as aforesaid, all costs and expenses relative
and incidental to such removal shall constitute a lien upon the real estate hereinabove
described.
This Agreement ~shall be binding upon the parties hereto, their heirs, assigns and
successors in interest.
IN WITNESS WHEREOF the said ~srties have hereunto set their hands and affixed their
seals on the day and year first above written.
Attest: s/ H. N. Sayer, Clerk
Erma Anderson
Gordon Frederick
Witnesses as t'oJ'C ~E Gormly
STATE OF FLORIDA )
COUNTY OF SEMINOLE )
CITY OF SANFORD
BY: s/ Merle Warner, Mayor
Oharles E. Gormly
ACKNOWLEDGMENT
BEFORE ME, The undersigned authority, personally appeared MERLE WARNER,
Mayor of the City of Sanford, Florida, H. N. SAYER, Clerk of the City of
SanfOrd, Florida, and-CHARLES E. GORMLY, and they, and each of them, acknowledged
before me that they executed the above and foregoing Agreement freely and volun-
tarily for the purposes therein expressed, and said Merle Warner and H. N. Sayer
acknowledged their execution of said Agreement as the act and deed of the City of
Sanford, Florida, they being thereunto duly authorized.
WITNESSES my hand and official seal at Sanford, Seminole County, Florida,
this 27th day of January, 1959.
Gabe S. Michael,
Notary Public, State at Large
My Commission expires 12-2-61
(SEAL)
s/
After discussion, moved by Commissioner Higginbotham, seconded by Commissioner Brown
and carried, the Mayor and City Clerk were authorized to execute the above agreement, and in
consideration of s aid agreement the City ~o table action on revocation of license of Charles
Gormly.
Mr. Dewing, a director of. the Sanf o rd Gas Company,. was present to discuss renewal of
City franchise with his ~company, and that it was his opinion that the City had an option to
buy his company on one,years notice or if no notice is given, then the City is obliged to
renew the franchise.
Mr. Dewing further stated, that the San~Tord Gas Company had signed a commitment with
the Huston<Texas Gas Company, owners of the proposed natural gas mains to supply this vicinit
and with the Federal Power Commission in which his company .agreed to accept and deliver natur~
gas ~hroughout the City, when it ,is available.
33'8
mshop Oiiice mquxpmenr uo.. inc.. Orianao, ~lorlaa
MINUTES
City Commission, Sanford, Florida, January 27 at 8 P. M.
19.
58
The 0ommission explained to Mr. Dewing that this was the first information submit ted
by his company that t hey intended to distribute natural gas from the above mentioned supplier,
and that if he would submit ~the same informaticn in writing, the Commission would then discuss
renewal of the ~fvanchise..
John Burton, Architect for Lee Brothers Plumbing & Comstruction Company, staged he
had been authorized to offer the sum of $8,000.00 for both pieces of property under discussion
at meeting of January 13, 1958, predicated upon construction of substantial building with a
reverter clause in favor of the City if it is not constructed.
After considerable discussion, Commissioner Gatohel moved to table further considera-
tion of the offer until meeting of February 10, 1958. Seconded by Commissioner Brown and
carried.
The 01ty Manager.next submitted the following tabulation of bids which were opened
publicly at 2:00 P. M., January 20, 1958, for furnishing the following equipment in accordance
with the specifications in the invitation for bids published in ~he Sanford Herald on January
2, 1958.
ONE POLl CE CAR
Holler Motor Sales
0hevrolet 2.B0 H.P.
250 H.P.
Strickland-Morris on
Ford 205 H.P.
265 H.P.
300 H.P.
ONE 1-TON TRUCK
Holler Motor Sales
Chevrolet
Superior GMO Trucks, Inc. GMO
SEMINOLE COUNTY MOTORS, Dodge
St riokland-Mov rls on Ford
THi~J~E V2-TON TRUCKS
Holler Motor Sales Chevr.ole~
Seminole County Motors Dodge
Strickland-Morrison, Inc. Ford
Suoerior GMO Trucks,Inc. GMO
THREE TYPEWRITERS
Orlando Business Machines
Haynes Office Machine Co.
George Stuart
ONE ADDING MACHINE
Powell's Office Supply 0o.
Haynes Office Machine 0o.
Olympia
Smith-Corona
Und s two od
Hermes-electric
Burroughs
Burr ou ghs
R C Allen
R. C. Allen
BID
$1,5O4.81
1,5h6.61
1,999.17
2,o5g.17
2,o94.17
2,087.18
2,113.23
2,126.87
2,273.64
0 80.14
436.00
626.32
h,673.91
657.25
674.00
695.o0
695,00
221.60 - 10 Key Board
2B1.20 - Full Key Board
260.~0 - 10 Key Board
,270.00 - Full Key Board
MINUTES
January 27 al; 8 P. M.
City Commis~i0n, Sanford, Florida,
19
58
339
George Stuart, Inc.
Sweeney's
Underwood
Underwood
Olivetti & National
ONE _ R0 CT0a
F and E Check Protector Co.
Gainesvll~, Fla.
LIME SLURRY FEEDER
BIF Industr~ s, Inc.
Providence, R.I. (Omega)
Infilco, Tucson, Arizona
283.50 - 10 Key Board
283.50 - Full Key Board
310.50 - 10 Key Board
287.10 - Full Key Board
220. O0
735.00
838.00
After withdrawal of bid of Holler Motor Sales, which was submit ted with an error,
and on recOmmendation of the City Manager, Commissioner Higginbotham moved to reject all
bids on furnishing one police car. Seconded by Commissioner Gatchel and carried.
After discussion, and on recommendation of the City Manager, CommlsSlcner Hlgglnbotham
moved the acceptance of the lowest bid, that of Holler Motor Sales to furnish one 1-ton truck
at a price of $2,087.18. Seconded by Commissioner Gatchel and carried.
After discussion and on recommendation of the City Manager, Commissioner Higginbotham
moved the acceptance of the lowest bid, that of Holler Motor Sales to furnish three 1/2-ton
trucks at a total price of $4,080.14. Seconded by Commissione~ Brown and carried.
After discussion and on recommendation of the City Manager, Commissioner Brown moved
the acceptance of the lowest bid, that of Orlando Business Machifies to furnish three type-
writers at a total price of $65?.25. Seconded by Commissioner Higginbotham and carried.
After discussion and on recommendation of the City Manager, Commissioner Higginbotham
moved the acceptance of the lowest bid, that of Powell's Office Supply Company to furnish
one full keyboard adding machine at a price of $231.20. Seconded by Commissioner Gatchel
and carried.
After discussion and recommendation of the City Manager, Commission Higginbotham mcr ed
the acceptance of the bid of F & E Check Protector Company to furnish one check protector at
a price of $220.00. Beconded by Commissioner Brown and carried.
After dlscussioh and on recommendation of the City Manager, ~ommissl crier Brown moved
the acceptance of the lowest bid, that of BIF Industries, Inc. to furnish one Lime S~urry Feed
at a price of $735.00. Seconded by Commissioner Gatchel and' carried.
The City Manager next submitted the following tabulation of bids which were opened
publicly at 2:00 P. N. January 27, ~19'5'8, for fur~'ishing the folloWing equipment in accordance
with the specifications in invitation for bids published in the Sanford Herald on January 24,1
Holler Motor Sales
Strickland-Morrison, Inc.
Chevrolet 230 H.P $1,704.81
# 250 H.P. 1,746.61
Ford 205 H.P. 1,999.17
Ford 265 H.P. 2,054.17
Ford 300 H.P. 2,094.17
After dis'cusslon and recommendation of the City Manager, Commissioner Higginbotham
moved the acceptance of the lowest bid, that of Holler Motor Sales to furnish one 250 H.P.
Police Car at a price of' $1,746.61. Seconded by Commissioner Gatchel and carried..
Mr. William Holler of Holler Motor Sales next spoke favorably of the broad and in-
58:
340
MINUTES
City Commission, Sanford, Florida, January 27 at 8 P..M. 19. 58
by encouraging the large super markets to-utilize properties within the corporate limits of
the City, that the City would thereby receive greater rebate of the cigarette tax from the
State.
Request next submitted for a blinking caution traffic control light be installed at
the intersection of 20th Street and Mellonville Avenue. Police Chief Williams stated only one
accident had been reported at this intersection since January i'..1, 1957, and from investigation
that it did not warrant this type signal. Moved by Commis~ioner Higginbotham, seconded by
Commissioner Gatchel and carried to,ny the request.
Recommendation submitted from the Zoning & Planning Commission as follows:
(a) Rezone from R-1 to C-Ii Lots.30 through 38, Block 1, Palm Terrace.
(b) Rezone from C-1 to R-l; that area on the south side of Celery Avenue
from Locust Avenue east to Mellonville Avenue.
and on motion of Commissioner Wilson, seconded by Commissioner Brown and carrle d, a Public
Hearing to be held on February 24, 1958 to consider said action was authorized..
After discussion, moved by Commissioner Gatchel, seconded by Commissioner Brown and
carried over the dissenting vote of Commissioner Hig~Inbotham, authorizing the City Attorney
to prepare an ordinance for the adoption of the 1957,1958 Revision of the Southern Standard
Building Code, with the provision that in paragraph one and two under section 107.4 (a)
be changed from ~100.00 to $50.00 for ~he minimum valuation of work not requiring an inspectio
Application next submitted f~om Ollie B. Woods and Roscoe Morgan for tranfer of Taxl
License No. 753 from Ollie B. Woods and Willie Woods, 1105 Pecan Ave., and on motion of Com-
missioner Gatchel, seconded by Commissioner Wilson and carried, same was approved upon recom-
mendation of Chief of Police.
Pursuant to the informal Joint meetings with the Zoning and Planning Commission hekl
on January 1~, 17 and 22, 1958, in interviewing professional City Planners for the purpose
of engaging a Planner to make a survey and prepare a comprehensive "Master Plan# for the City
under the ~Urban Planning Program" sponsored by the Florida Development Commission and the
Pederal Housing and Home Finance A~ency, whereby, the Federal Government will pay one-half o~
such cost, the following proposals next submitted from the planners interview_ed:
Dan S Martin & Associates, New Orleans, La.
Sidney Carter, Augusta, Georgia
George W. Simons, Jr.,
$24,900.00
21,800.00
15,000.00
After discussion, and on recommendation of the Zoning & Planning Commission, the
Commission accepted the proposal of George W. Simon, Jr., in sum of $15,000.00, subject to
approval of the Florida Development Commission, and authorized the City Manager to send the
proposal to said Development Commission for working out the necessary contract to cover Mr.
Simons' services to Sanford.
On recommendation of the City Manager, moved by Commissioner Higp'inbotham, seconded by
Commissl oner Gatchel and carried, on the advancement of Leroy Dixon Water Division, from salary
classification 3-C to 3-D.
On recommendation of the City Manager, moved by Commissioner Gatchel, seconded by
Commissioner Brown and carried, to transfer the sum of $70.00 from the Contingency Fund to
account 5007, Travel Expense, Engineering, to cover the attendance of the Building Inspector
and one member of the Zoning & Planning Commission at a short course in City Planning at
Stetson University.
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City Commission, ,' Sanford,' Florida, ,la nua ry 27 at 8 P. M.
19 58
341
Request next submitted from residents of the Pine Crest area requesting the Com-
mission to set in motion the necessary steps in order to annex this area into the City.
After considerable discussion regarding the services to be offered any new area, the
Commission requested the City~Nanager to prepare a comprehensive plan for annexation to be
presented at meeting of Narch 10., 1958.
A group of members of the ~ringe area Tax-payers Ass'n was present, with Ers. Edna
Norman, secretary, as spokesman. Mrs. Norman spoke inappreciation of the attitude of the
Commission regarding the benefits to be derived by fringe area residents through annexation,
and offered the cooperation of the association in working out the details.
The Director of Finance noted that there was an error of $~,562.~0 in the total opera-
ting expenses of the budget, whimoh made the expense appropriations this much more than the
anticipated revenues. This error represented an error of $~,562.00 in the total appropriation
for the Fire Department, and 40~ in the Special Fund Appropriations. Also, that instead of
having a "Cash Surplus" of $37,576.00 which was anticipated and incorporated in the Budget
Revenues, there was a surplus of 042,386.29, an excess of 04,810.29. Also, that no revenue
was anticipated in the budget from sales of real estate, and $1,500.00 has already been de-
rived from such source.
After consideration, moved by Commissioner Higginbotham, seconded by Commissioner
Brown and carried, to change the anticipated "Cash Surplus" in the current budget to
$42,1~8.40, an increase of $4,562.~0, and transfer to the Contingency Fund the $1,500.00
received and all other funds received this fiscal year from the sale of real estate.
After discussion, moved by Commissioner Higginbotham, seconded by Commissioner Brown
and carried, to authorize John Burton, Architect, to prepare change order to include automatic
air conditioning controls for the Civic Cen~er Building for the sum of $1,500.00, a!~ to
transfer from the Contingent Fund to the Capital Improvement Fund the same amount to cover
said change order.
The City Nanc~r reported t'~at the American Home Department of the Womans' Club had
offered $716.00 to purchase a music organ for g he Civic Center, and the Commission Authorized
an appropriate letter of appreciation be prepared in consideration of such action.
The City Manager reported that he had receive8 complaints from pedestrians who had
been referred to him by store managers and owners, regarding tripping or falling over
weighing machines placed on the sidewalk.
After considerable discussion, moved by Commissioner Brown, seconded by Commissioner
Higginbotham and carried, authorizing the Chief of Police to remove all weighing machines
placed on the sidewalks of the City and not to allow any such machines to be placed thereon
in the future.
After further discussion, the. Commission authorized that for the meeting of February
10 there be brought up for consideration the removal of all items from the sidewalks and
parkways of the City.
Commissioner Gatchel next introduced Resolution No. 905, and after being read in
full, moved its passage and adoption. Seconded by Commissioner Higginbotham and carried
by the following vote of the Commission:
Commi ss ioner Warner Yea
" Bro l~n Yea
" Ga g the 1 Yea
" Higgi nbc tham Yea
342
MINUTES
City Commission, Sanford, Florida,~ January 27 a t 8 P..M. 19. 58
Said Resolution No. 905 being as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SANFORD, FLORIDA
EXPRESSING SINCERE REGRETS AT THE RECENT DEMISE OF JUDGE ERNEST F.
HOUSHOLDER.
WHEREAS, Judge Ernest F. Housholder has been a resident of the City-of Sanford,
Seminole County, Florida for forty-right years and during said period of time has been ex-
tremely active in the practice of law and in civic affairs of the community, and
WHEREAS, During his lifetime Judge Ernest F. Housholder sea. red as a City Commissioner
and Mayor of the City of Sanford, Florida from 1926 to 1929, and in addition thereto, served
as the County Judge ~of Seminole County from 1917 to 1925, County Prosecuting Attorney from
1925 to 1926, Attorney for the Board of County Commissioners of Seminole County from 1933 to
1943, S~a~e Senator for the Thirty-seventh District from~ilg~ to 1943, and .as!!Preside~tL~,P~ra,
Tempore for the 1943 Session~of the Florida Senate, and
WHEREAS, Judge Ernest F. Housholder had also been active in many civic organizations
and lodges in Seminole County, Florida and Had generally been recognized as an outstanding
trial lawyer in the State .of .Florida prior to his appointment of County Judge for SeminOle
County in 1954, and
WHEREAS, On the thirteenth day of January, A. D. 1958, Almighty God called Judge
Ernest F. Housholder to his last reward to the sincere regret of all of the population of
the City of Sanford and Seminole County, and
~WHEREAS, The City Commission of the City of Sanford, Florida wishes to express the
sincere sorrow of the City CommiSsion and the people of the City of Sanford, 'Florida for the
loss of a faithfUl, v~lued ?nd active servant,
NOW THEREFORE, BE IT RESOLVED By the~ City Commission of the City of Sanf~d, Florida,
that the City 'Commission for itself and the people of the City of Sanford hereby recognize
the faithful and contributing~ public service to the City of Sanford of Judge Ernest F. Hous-
holder and hereby expresses the gratitude of the City Commission and the people of the City
of Sanford, Florida for such service of JUdge Ernest F. Housholder as a faithful and dedicated
servant to the City and its inhabitants, and
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 Copies thereof delivered to the im-
mediate ~mily of Judge Ernest F. Hous holder and ~othe local press.
PASSED AND ADOPTED This 27th day of January,~A. D. 1958.
s/ Merle W. Warner, Mayor
Earl ~ Higginbo tham
(SEAL) A.L. ~ilson
David M. Gatchel
Attest: s/ H. N. Bayer, Clerk R.S. Brown
As the city Comm~sslon of
the City of Sanford, Florida
After consideration, the Commission authorized the City Manager to Prepare a letter of
appreciation to the Zoning and Planning Commission for their cooperation in interviewing and
selecting a City Planner.
There being no further business the meeting adjourned.
ATTEST: .....