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011259-Regular Session '464 MINUTES City Commission, Sanford, Florida, January 112 at 8 P. M. 19 59 18 op Ice 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. on January 12, 1959. Present: Commissioner A. L. Wilson, Mayor It Joe B. Baker II Robert S. Brown II Earl Higginbotham fl Merle W. Warner City Attorney W. C. Hutchison, Jr., City Manager W. E. Knowles Police Chief R. G. Williams Absent: ,Acting City Clerk H. N. Tamm, Jr., The meeting was called to order by the Chairman. The first order of business was the opening of bids for furnishing the following equip- ment In accordance wi th the invl tat ion for bids published in the Sanford Herald on December 26, 1959. ITEM I Superior GMC Trucks Inc., Orlando, Fla. Holler Motor Sales, Sanford, Fla Str~ckland-Morrison, Sanford, Fla. $4~ 851. 24 5,0:38.47 5,04.5.09 ITEM II ITEM III /'11 ?.....Ton 2.,2-Ton Pick-Up Flatb~ds $1,681.25 ~7,533.00 1,523.95 6,458.32 1,551.24 6,590.04 SEMINOLE COUNTY MOTORS, Sanford, Fla. 5-Yd Dump Truck No Bid 1,500.00 6,556.26 After discussion and on recommendation of the City Manager, Commissioner Higginbotham moved the acceptance of the lowest bid for each Item. Seconded by Commissioner Baker and carried on the following: Superior GMC Trucks Ino. Strickland-Morrison Inc. ITEM I 5-Yard Dump Truck $4,851.24 ITEM III 2 2-T Flatbeds 6,458.32 ITEM II l/2-Ton Pickup 1,500.00 \ $12,809.56 After c onsiderat ion, moved by Commis s loner Higginbotham, se conded by Commiss loner Warner and carried, the Commission authorized the transfer from the Contingency Fund No. 8150 to cover an under-appropriation in the current budget for the above expenditures as fo 11 0","r8 : Zoo-Equipment Account 4326 Street-Equipment Account No. 4726 Refuse-Equipment Account No. 4926 $ 150.00 ( 148.76) 1,458.32 $1,459.56 After cons iderat ion and on motion of Commiss lone r 'Warner, second ed by Commiss loner Hi gginbotham and carried, J. H. Van Hoy was appointed as a member of the. Board of Bond Trustees to fill the vacancy created by the resignation of Fred Wilson. Next item of business was the consideration of a proposed sewage disposal plant and the related costs. The City Attorney reviewed the agreement of July 1957, with the State Board of Health that the City would have completed or under constructlon.,a primary sewage treatment plant within two years, and y:::ertainjng to the financing of same, if revenue certificates were not feasible, that the Commission would submit for the vote of the free- holders on a general obligation bond. After further discussion of the effects on the future development of the fringe area as a result of rulings of the State Board of Health and Federal Housing Administration, the Commissi on authori zed the City Manager to inform 'Mr. Wilson Holt of Goodbody & Company, ~ 4,65 \ MINUTES City Commission, Sanford, Florida, January 12 at 8 P. M. 19~ bt:..l...vl-' ~lIkoc 'E'-l......lvw............ ........... 1.,1.\...., OIJu.uJv. I l"'.I.~ua Commissioner Hlgginbotham next introduced Ordinance No. 666 entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA ABOLISHING THE DEPART- MENT OF PUBLIC UTILITIES AND THE DEPARTMENT OF PUBLIC WORKS AS PRESENTLY EXISTING IN SAID CITY; CREATING A DEPARTMENT OF PUBLIC WORKS AND A DEPARTMENT OF RECREATION AND PARKS, PROVIDING FOR AP- POINTMENT OF THE HEADS OF SUCH DEPARTMENTS AND FOR THE METHOD BY WHICH INTERNAL ORGANIZATION OF SUCH DEPARTMENTS SHALL BE ESTAB- LISHED AND CHANGED FROM TIME TO TIME. r- and same was placed on its first reading and read in full. Commissioner Higginbotham then moved the waiver of the requ:1:rement of the second read- ing of Ordinance No. 666, and that sane be placed on final passage and ado'pti'on. Thereupon the question recurred on the waiver of the second reading, the roll was ,-. called and the vote stands as follows: Commissioner II II II II Wilson Baker Brown Higginb 0 tham Warner Yea Yea Yea Yea Yea Said Ordinance No. 666 was then placed on its final passage and adoption, the roll was called and the vote stands as follows: Commissioner II II II II Wilson Baker Brown Higginbotham Warner 'Yea Yea Yea Yea Yea There upon the Chairman announced that the City Commissicner of the City of Sanford, Florida, by unanimcus vote had passed and adopted said Ordinance No. 666, entitled: - AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA ABOLISHING THE DEPART- MENT OF PUBLIC UTILITIES AND THE DEPARTMENT OF PUBLIC WORKS AS PRESENTLY EXISTING IN SAID CITY; CREATING A DEPARTMENT OF PUBLIC WORKS AND A DEPART~NT OF RECREATION AND PARKS, PROVIDING FOR APPOINTMENT OF THE HEADS OF SUCH DEPARTMENTS AND FOR THE METHOD BY WHICH IN- TERNAL ORGANIZATION OF SUCH DEPARTMENTS SHALL BE ESTABLISHED A~~ CHANGED FROM TIME TO TIME. On motion of Commissioner Brown, seconded by Commissioner Warner and carried, S. M. RiChard was confirmed as Director of Public Works and Ronald Perry as Director of Recreation and Parks. Letter next submitted from A. Edwin Shinholser, Attorney for Strickland-Morrison, Inc., setting forth expenses of $100.00 as being incurred as a result of action of the City Com- mission at meeting of December 22, 1958 to purchase, and of January 6, 1959 recinding said action to purchase, the following described property: Part of Lots 41 to 47, Lakeview Park, and part of land lying North of Block 2, Tier 1, of Sanford, Florida. -. After considerat ion" moved by Commlssien er Higginbotham, seconded by Commissioner Brown and carried, authorizing payment of,$IOO.OO as set forth above. Recommendation next submitted from the Zoning and Planning Comm~ssion to rezone Block 7, Tier 14, E. R. Tr&ffords, from District R-2 (Multiple Family) to District C-2 (Commercial- Industrial), and moved by Commissioner Higginbotham, seconded by Commissioner Warner and carried, to hold a Public Hearing on February 9, '1959 to consider same. On mot ion of Commissi :::mer Higginbo tham, se c onded by Commiss i en er Brov.n and carried, current invoices and payrolls next approved, as evidenced by General Fund Sanford Atlantic ,-. National Bank Vouchers Nos. 3865 thru 4019, General Fund Florida State Bank Vouchers Nos. 2160 thru 2224, Water & Sewer Sanford Atlantic National Bank Vouchers Nos. 296 thru 302 and Public Projects Sanford Atlantic National Bank Voucher No. 115. / 466 MINUTES City Commission, Sanford, Florida, January 12 at 8 P. M. 1959 seconded by Commissioner Brown and carried, effective January 1, 1959 the respective Boards were appointed as follows: BOARD OF EXAMINERS OF ELllICTRICIANS: Sidney V,1hlen, Master Electrician Dan Batten, Master Electrician W. A. Horn, Journeyman Electri'cian BOARD OF PLUMBING COMMI~SIOr&RS: LeRoy Groover, Master Plumber W. D. Hawkins, Journeyman Plumber An offer of $200.00 was next submitted by Linda Bradley, 1316 Oleander Avenue to pur- chase Lot 8, Block 8, Tier 19, Seminole Park. After discussion, moved by Commissioner Warner, seconded by Oommissioner Higginbotham am carried to deny the request. On recommendation of t he City Attorney and on motion of Commissioner Brown, seconded by Commissioner Higginbotham and carried, the Commission authorized the employment of a lttemporaryll prosecutor to represent the City in Municipal Court Docket cases No. 60383 and 60384, and payment of said servic~from account No. 1301. Request next submitted from Mrs. L. Munson for use of the Civic Center in behalf of the IIHeart Fundlt, and on motion of Commissioner Higginbotham, seconded by Commissioner BaKer and carried, same was approved in accordance with regular rental schedule in a Class B rate. Letter next submitted from the Florida Development Commiss i on stating that the appli- cation of the City of Sanford for Federal grant of $7,500.00 for community planning had been approved. Letter next submitted from the Sanford Gas Company setting forth acceptance of Ordinance No. 665 passed and adopted on December 22, 1958 as follows: TO THE CITY CLERK, CITY OF SANFORD CITY HALL SANFORD, FLORIDA Dear Sir: This will acknowledge the receipt by Sanford Gas Company , a Florida Corporation, of a certified copy of Sanford Ordinance number 665, the same being a franchise for the construction and maintainance of a gas utility system in the City of Sanford, Florida. Ordinance number 665 was passed and adopted by the City Commission of the City of Sanford, on December 22, 1958 and becomes effective within thirty days there- after upon its acceptance by Sanford C~s Com~ ny. As provided in Section 12, Ordinance 665 of the City of Sanford, said Ordinance 665 is hereby accepted by Sanford Gas Company, a Florida Corporation. This acceptance is evidenced by the signatures of the President of Sanford Gas Company ~iven this 6th day of January, 1959. (S E A L) Very truly yours, SANFORD GAS COMPANY BY: .A. H. Gaede, Its President ATTEST: Mary R. Gaede, Secretary STATE OF FLORIDA COUNTY OF VOLUSIA Before me personally appeared A. H. Gaede and Mady R. Gaede, to me well known, and' known to me to be the individuals described in and who executed the foregoing instrument as A. H. Gaede, President, and Mary R. Gaede, Secretary, of the above named Sanford Gas Company, a Corporation, and severally acknowledged to and before me that they executed such instrument as such President and Secretary, respectively, of said corporation, and that the seal affixed to the foregoing in- strument is the corporate seal of 'said corporation and that 'it was affixed to said instrument by due and regular corporate authority, and tha t said instrument is t he free act and deed of said corpor- ation. 'W1t:l"l<::lOO m~7 honil anil 1"\f'f'1t>1.o1 Q<::lJ:l1 t:h1C1 ht:h ilO~T 1"\1' JOn1H:1,..;r A n 467 -\ \ i I I MINUTES City Commission, Sanford, Florida. January 12 at 8 P. M. 19_ ORDINANCE NO. 66~ r- AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA GRANTING TO SANFORD GAS COMPANY, A FLORIDA CORPORATION, A FRANCHISE FOR A PERIOD OF TWENTY-FIVE (25) YEARS TO CONSTRUCT, OPERATE AND MAINTAIN A GAS UTILITY SYSTEM IN THE CITY OF SANFORD, FLORIDA. BE IT ENACTED BY T HE PEOPLE OF THE CITY OF SANFORD, FLORIDA: SECTION 1 A. That there is hereby granted to Sanford Gas Company, its successors r-'" and assigns, (hereinafter called the Grantee), the non-exclusive right, privilege and franchise for a period of twenty~five (25) years from date of final passage of this Ordinance, to con- struct, operate and maintain a gas utility system in the City of Sanford, Florida, hereinafter called the Grantor. B. That in accordance with established practice for the construction, operation and maintenance of gas utility systems, Grantee shall have the following rights under l<-'ranchise: (1) To construct, maintain and operate a gas utility system in, under, upon, over and across the present and future streets, alleys, easements, bridges and other public ways and places of Grantor. ~ (2) To lay gas mains, transmission lines, supply lines and service lines and to establish and install regulator stations and other fac1,li ties for use in supplying utility gas to Grantor and, its successors, the inhabl tants thereof, and persons, firms and corporations beyond the limits thereof. (3) To establish, construct, operate and maintain gas manufacturing works and plants. buildings, warehouses, shops, tan~s, holders and machinery within Grantor's corporate limits. (4) To do any and all other things necessary to the providing by Grantee of adequate gas service to Grantor and its successors, the inhabitants thereof, and persons, firms and corporations beyond the limits thereof. C. That the rights granted herein shall be subject to zoning and fire regulations now or hereinafter established by Grantor; to the restrictions and limitations hereinafter specified, and to the terms and conditions of the Municipal Charter of Gra ntor. SECTION 2 A. That construction, location, relocation or installation of any facility by Grantee under this Franchise shall not be commenced until a permit has been ob- tained from Grantor. B. That where the work described in A above is to be done by Grantee's own employees, no fee shall be charged for a permit. But when such work is done by a con- tractor, the permi t fee prescribed by t he pertinent Ordinance of Grantor s hall be paid either "...". by Grantee or t he contractor. C. That all work under such permi ts shall be re rformed Wi th approval of and under the supervision of the City Manager or other representative of Grantor designated by the City Commission. Such supervision shall not be so unreasonable as to interfere with proper construction, operation and maintenance of Grantee's facilities and its endeavors to ! provide adequate gas service. D. Grantee shall replace and properly relay without undue delay any sidewalk, pavement or soil displaced by Grantee and restore the same to as good conditwn as it existed prior to changes made by Grantee. E. Should Grantee fail to comply with D above Grantor may, after twenty (20) days written notice to Grantee from Grantor, make such repairs or replace any excavation and Grantor's out-of-pOCket cost of such work shall be paid by Grantee. (468 ! ! I MINUTES City Commission, Sanford, Florida, J a nus. ry. 12 at 8 P. M. 1959 DlSflQP 'J!.llCe CollUllHlH:::UIi ,-,Q., .1.1..1.\.:., VJ.J..a.u_(~V. J.. .I.1.J'LIUa F. The facilit:l..es of Grant'ee shall be so located and relocated from time to time as to interfere as little as possible with traffic over the streets, alleys, roridges and public ways and places of Grantor and with reasonable allowance for egress and ingress to abutting property. G. Before any street, alley, bridge or other public way or place of Grantor shall be completely blocked, Grantee shall consult wi th the Grantor!l:s City Manager or Chief of Police on ways and means of holding interference with traffic to a minimum. SE CTION '3. Grantee shall indemnify and hold Grantor harmless against any and all liability for damages which may accrue by law to Grantor as a result of the activities and operations of Grantee within the City. And Grantee shall pay to Grantor any sum or sums of money for which Grantor may become liable by law as a result of such activities and oper- ations. SECTION 4. Grantor reserves the right, and Grantee hereby agrees that Grantor has the right, upon the expiration or forfeiture of this Franchise to purchase all of the physi- cal property of Grantee within the corporate limits of Grantor relating to the supplying of public utility gas service to the inhabitants of Grantor at a valuation to be determined in accordance with the Gener~l Laws or Municipal Charter now or hereafter in effect, including Section 167.22 Florida Statutes 1955. SECTION 5. Grantor agrees not to engage in t he business of manufacturing, dis- tributing or selling gas or gas appliances or equipment durjng the existence of this Fran- chise. SECTION 6. Grantee shall maintain its gas mains, transmission lines, supply line, service lines and other works and facilities used and useful in in providing gas service to the inhabitants of Grantor in good and workable condition, and to provide an adequate supply of gas of standard grade and quality to said inhabitants. SECTION 2. That all rules and regulations established by Grantee's rates for gas service under this Franchise shall at all times be just, reasonable and compensatory, and subject to such regulation as may be provided by law. SE CT IO N 8. A. Grantee shall collect on behalf of Grantor the Utility Tax imposed on Grantee's customers for gas service rendered under this Franchise as provided in Grantor's Ordinance No. 379 and Ordinance No. 421. B. Grantee shall pay to Grantor monthly when due the sums collected for Utility Tax on gas consumers as provided in Grantor's Ordinance No. 379 and Ordinance No. 421. C. Grantor shall have the right, during business hours to inspect and/or audit the bookS and records of Grantee evidencing the revenues of Grantee on which the above Utility Tax is imposed. ~ECTION 9 MINUTES 460: I City Commission, Sanford, Florida, January 12 at 8 P.M. 19 59 :016b.~1:' Ull"t; E'4.....1v&.&.............. C....o, I..........., ;'''..It..uJv. ... .I.V'.I.,iua - - available to Grantee by a natural gas, pipe line Company. B. Nothing in A above shall prevent Grantee from substituting there- after, in whole or in part, other gaseous fuels in lieu of natural gas, as may be necessary or desirable in the operation of Grantee's gas utility system. SECTION 10. ,..... Commencing the first day of the month followipg two (2), years after the introduction of natural gas into the distribution system of the holder of this Franchise, 1"""""" so long as this Franchise is effective, there will be applied to the holder an annual Fran- chise Tax which shall be equal to t he sum of two per cent (2%) of the annual gross revenue derived by the holder from the sale of any or all gas distributed through the distribution system of holder to resYl ential consumers wi thin t he contemporaneous. or future, co;r>porate limits of the City of Sanford, Florida. Said Franchise Tax shall become due and payable an- nually sixty (60) days after the close of the previous twelve (12) months ~riod upon 'Wlich the tax herein imposed shall apply. The City of Sanford, Florida, covenants with the holder hereof that no other FranchE e Tax shall be imposed, upon the holder of this Franchise by the City of Sanford, F]Lorida, so long as t his Franchise shall be effective; this covenant shall be binding upon the City of. Sanford, rlorida; and its successors. SECTION II. - A. Should Grantee fail to pay the monthly sums collected for Utility Tax when due according to Grantor's Ordinance No. 379 and Ordinance No. 421, or fail to comply in any substantial respect with other provis ions of this Fran chise Ordi nance, Grantor shall notify Grantee in writing, describing such non-compliance and giving directions to Grantee to cure the same within thrity (30) days. B. During the thirty-day period immediately following receipt of such notice by an officer of Grantee, the Grantee shall have the privilege of correcting the alleged non-compliance or of protesting the matter in a court of competent Jurisdiction. C. In the event of court proceedings and a ruling of the Court in favor of Grantor, the Grantee shall have sixty (60) days after final determinatlcn of the question t make good or correct the default or non-compllance before a forfeiture of this Franchise shall result. Grantor shall have the right to extend the time of compliance beyond the thirty (30) and sixty (60) day periods f or good causes shown. SECTION 12. I""""" Grantee shall have the privilege of accepting this Franchise in writing within thirty (30) days after final passage, and the Ordinance shall be in full force and effect upon the lodging with the City Clerk of a writing eocecuted by the President or Vice- President of Grantee accepting this Ordinance on behalf of Grantee. SECTION 13. All Ordinances or parts of Ordinances of Grantor in conflict herewith r- are hereby repealed to the exten~ of such conflict. SE CTION 14. This Ordinance shall become effective immediately upon its acceptance by Grantee. ~470 MINUTES City Commission, Sanford, Florida, January 12 at 8 P. M., .19 59 lS.OP lee " liT.;- .rl a PASSED AND ADOPTED This 22 day. of December, A. D. 1958. (S E A L) s/ Merle W. Warner, Mayor Earl Higginbotham A. L. Wilson David M. Gatchel Attest: s/ H. N. Tamm, Jr. Deputy City Clerk Robert S. Brown As the Oity Commission of the Ci ty of Sanf ord, Flar ida C-E-R-T-I-F-I-C-A-T-E I, H. N. Tamm, Jr. Deputy City Clerk of the Oity of Sanford, Florida do hereby certify that a true and correct copy of the foregoing Ordinance No. 66.5, PASSED and ADOPTED by the City Commission of the City of Sa11lOrd, Florida, on the 22nd day of December, 1958, was POSTED at the front door of the City Hall in the City of Sanford, Florida, on the 24th day of December 1958. (S E A L) s/ H. N. Tamm, Jr. Deputy City Clerk There being no further business the meettng adjourned. /b~ M A 0 gm ATTEST: