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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. MINUTES 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: .....