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082867414 MINUTES City Commission, Sanford, Florida August 28 at 8 P. M. 19 67 I)otherow Offioe 8unnlg Co.. Orlando. Fla. 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 August 28, 1967. Present: Commissioner J. B. Baker, Mayor " Earl Higginbotham " M. L. Raborn, Jr. " W. Vincent Roberts " A.L. Wilson City Attorney Wm. C. Hutchison, Jr. City Manager W. E. Knowles City Clerk H. L. Whelchel Police Chief Ben E. Butler The meeting was called to order by the Chairman. The first item of business was consideration of a request by Bennie Boozer for an additional occupational taxicab license for the operation of a second taxicab, and on motion of Commissioner Higginbotham, seconded by Commissioner Raborn and carried, same was denied. After discussion, Commissioner Roberts moved to authorize the final payment of $15,000.00 to contractor Houdaille-Duval-Wright Company, Jacksonville, Florida, for the Lakefront Development Project-Marina-Motel Complex, d~edging and bulkheading as evidenced by Invoice No. 27137, dated August l~, 1967, as approved by the City project engineering firm Clark, Dietz and Associates and the City Manager, and authorized under Agreement dated March 24, 1966; payment to be paid with the following stipulations': 1. The City's right of reservation of the reported muck in the landfill area of the motel, as shown by lab report on soil borings. 2. City Manager to write a letter to the Contractor so stating this right of reservation wherein the Company is not herein relieved of their responsibility or liability in their work performance under their contract upon receipt of the final payment. 3.The City Attorney to review the language used by the City Manager in the letter to the Contractor. Seconded by Commissioner Raborn and carried. Don Rathel, Director, Sanford Industrial Commission appeared giving a brief outline on work being carried on by the Industrial Board for the industrial potential of the City of Sanford and the Naval Air Station property. The City Commission requested that a monthly report of activities be submitted from the Industrial Board for better communications between the two groups. Eoghan N. Kelley, Architect, appeared next to present Phase No. 2 of a Schematic Plan for the layout of the proposed future City Zoo relocation as a Zoological Park and Botanical Garden. Mr. Kelley stated that with parts of the labor performed by City crews a preliminary cost figure for the project would be approximately $125,000.00. He stated that the next phase of the project would be the design development or construction design. After review and discussion of same, the Commission informed Mr. Kelley that further ex- penditure commitments would be determined under the 1967-68 Budget Hearings. Ordinance No. 918, entitled: AN ORDINANCE OF THE CITY OF SANFORD,~ FLORIDA, ANNEXING TO AND INCLUDING WITHIN THE CORPORATE AREA OF THE CITY OF SANFORD, FLORIDA, THE AREA DESCRIBED HEREINAFTER, IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 57-1815, LAWS OF FLORIDA, ACTS OF 1957. placed on its first reading and read in full at regular meeting of August 14, 1967, was next 415 MINUTES City Commission, Sanford; Florida August 28 at 8 P.M. 19 67 placed on its final reading for passage and adoption. After being read in full, Commissioner Eoberts moved on its final passage and adoption. Seconded by Commissioner Higginbotham and carried unanimously. Thereupon, the Chairman announced that the City Commission of the City of Sanford, Florida, had passed and adopted said Ordinance No. 918, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, ANNEXING TO AND INCLUDING WITHIN THE CORPORATE AREA OF THE CITY OF SANFORD, FLORIDA, THE AREA DESCRIBED HEREI~AFTER, IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 57-1815, LAWS OF FLORIDA~ ACTS OF 1957. Consideration was next given to a request of the We C~re Merchants Association for the adoption of a Going OUt of Business Ordinance similar to that as adopted by other cities, and a copy of same was submitted as a guideline. The City Attorney explained that such an~ ordinance limits unfair competition between businesses and controls the advertising of re- duced prices due to going out of business when actually the merchant is not. After discussion and on motion of Commissioner Roberts, seconded by Commissioner Higginbotham and carried~ the City Attorney was authorized to prepare the appropriate ordi- nance governing such going out of business sales. Charles L. Robinson, Rotary Club President and General Chairman of the Central Florida Regatta to be held on Labor Day, September ~, 1967, appeared to further outline the schedule of events to be held on the landfill property of the Lakefront Development Project- Marina-Motel Complex. To better facilitate the auto-boaD traffic coming into the lakefront, he requested authorization to close.off by barricading Seminole Boulevard ~rom Park Avenue to Palmetto Avenue; blocking at Palmetto would allow turning east on the Boulevard but no turning west; and on motion of Commissioner Higginbotham, seconded by Commissioner Roberts and carried, same was authorized. Under further discussion of this event and with request for same, Commissioner Roberts moved to approve the closing off of the east portion of Seminole Boulevard from Palmetto Avenue to San Juan Avenue to allow the club to sell tickets, to meet expenses, to occupants of vehicles that wish to park and remain in their autos on the lakefront Boulevard for a better view of the boating and water show events. Seconded by Commissioner Raborn and carried. Commissioner Raborn next introduced Resolution No. 1036, and after being read in full, moved on its passage and adoption. Seconded by Commissioner Roberts and carried unani- mously. Said Resolution No. 1036 being in words and figures as follows: RESOLUTION AUTHORIZING THE EXECUTION OF A COOPERATION AGREEMENT WHEREAS, The Housing Authority of the City of Sanford, Florida, (herein called the "Local Authority") and the City of Sanford, Florida, (~erein called the "Municipality") desire to enter into a CooperatiOn Agreement in connection with the development of low-rent housing units pursuant to the United .States Housing Act of 1937 as amended: NOW, THEREFORE, BE IT RESOLVED BY the City of Sanford, Florida, that the Local Authority and the Municipality enter into a Cooperation Agreement and the Mayor is hereby authorized to execute the same on behalf of the Municipality and the City Clerk to attest the same and affix thereto the seal of the Municipality, said Cooperation Agreement being MINUTES August 28 at 8 P. ~. City Commission, Sanford, Florida 19 67 ,,D_otherow Office Suoolv Co.. Orlando. Fla. in substantially the following form: COOPERATION AGREEMENT This Agreement entered into this 14th day of September, 1967, by and between The Housing Authority of the City of Sanford, Florida, (herein called the "Local Authority") and the City of Sanford, Florida, (herein called the "Municipality"), witnesseth: In consideration of the mutual covenants hereinafter set forth, the parties hereto do agree as follows: 1. Whenever used in this A~reement: (a) The term "Project" shall mean any low-rent housing hereafter developed as an entity by the Local Authority with financial assistance of the UNITED STATES OF AMERICA (herein called the "Government"), excluding, however, any low-rent housing project heretofore covered by any contract for loans and annual contributions. (b) The term "Taxing Body" shall mean the State or any political subdivisionor taxing unit thereof in which a Project is situated and which would have authority to assess or levy real or personal property taxes or to certify such taxes to a taxing body or public officer to be levied for its use and benefit with respect to a PrOject if it were not exempt from taxation. (c) The term"Shelter Rent'" shall mean the total of all charges to all tenants of a PrOject for dwelling rents and nondwelling rents (excluding all other income of such Project), less the cost to the Local Authority of all dwelling and mondwelling utilities. (d) The term "Slum" shall mean any area where dwellings predominate which, by reason of dilapidation, overcrowding, faulty arrangement or design, lack of ventilation, light or sanitation facilities, or any combination of these factors, are detrimental to safety, health or morals. 2. The Local Authority shall endeavor (a) to secure a contract or contracts with the Government for loans and annual contributions covering one or more Projects comprising approximately 300 units of low-rent housing and (b) to develop and administer such Project or Projects, each of which shall be located within the corporate limits of the Municipality. The obligations of the parties hereto shall apply to each such Project. 3. (a) Under the constitution and statutes of the State of Florida, all Projects are exempt from all real and personal property taxes and special assessments levied or imposed by any Taxing Body. With respect to any Project , so long as either (i) such Project is owned by a ~blic body or governmental agency and is used for low,rent housing purposes; or (ii) any contract between the Local Authority and the Government for loans or annual contributions, or both, in connection with such Project remains in force and effect, or (iii) any bonds issued in connection with such Project or any monies due to the Government in connection with such Project remain unpaid, whichever period is the longest, the Municipality agrees that it will not levy or impose any real or personal property taxes or special assessments upon such Project or upon the Local Authority with respect thereto. During such period, the Local Authority shall make annual payments (herein called "Payments in Lieu of Taxes") in lieu of such taxes and special assessments and in payment for the public services and facilities furnished from time to time without other cost or charge for or with respect to such Project. (b) Each such annual Payment in Lieu of Taxes shall be made after the end of the fiscal year established for such Project, and shall be in an amount equal to either (i) ten per cent MINUTES City Commission, Sanford, Florida' August 28 at 8 P. M. 19 6? 417' (10%) of the Shelter Rent actually collected but in no event to exceed ten per cent (10%) of the Shelter Rent charged by the Local Authority in respect to such Project during such fiscal year or (ii) the amount permitted to be paid by applicable state law in effect on the date such payment is made, whichever amount is the lower. (c) The Municipality shall distribute the Payments in Lieu of Taxes among the Taxing Bodies in the proportion which the real property taxes which would have been paid to each Taxing Body for such year if the Project were not exempt from taxation bears to the total real property taxes which would have been paid to all of the Taxing Bodies for such year if the Project were not exempt from taxation; Provided, however, that no payment for any year shall be made to any Taxing Body in excess of the amount of the real property taxes which would have been paid to such Taxing Body for such year if the Project were not exempt from taxation. (d) Upon failure of the Local Authority to make any Payment in Lieu of Taxes, no lien against any Project or assets of the Local Authority shall attach, nor shall any interest or penalaties accrue or attach on account thereof. 4. The Municipality agrees that, subsequent to the date of initiation (as defined in the United States Housing Act of 19371 as amended) of each Project and within five years after the completion thereof, or such further period as may be approved by the Government, and in addition to the number of unsafe or insanitary dwelling units which the Municipality is obli- gated to eliminate as a part of the low-rent housing p~oject(s) heretofore undertaken by the Local Authority and identified as Project(s) No.(s) Fla-16-1,2,3,&, there has been or will be elimination (as approved by the Government) by demolition, condemnation, effective closing, or compulsory repair or improvement, of unsafe or insanitary dwelling units situated in the locality or metropolitan area in which such Project is located, substantially equal in number to the number of newly constructed dwelling units provided by such Project; Provided; that, where more than one family is living in an unsafe or insanitary dwelling unit, the elimina- tion of such unit shall count as the elimination of units equal to the number of families accomodated therein; and Provided, further, that this paragraph $ shall not apply in the case of (i) any Project developed on the site of a Slum cleared subsequent to Jgly 15, 19~9, and that the dwelling units eliminated by the clearance of the site of such Project shall not be counted as elimination or any other Project or any other low-rent housing project, or (ii) any Project located in a rural nonfarm area. 5. During the period commencing with the date of the acquisition of any part of the site or sites of ~uy Project and continuing so long as either (i) such Project is owned by a public body or governmental agency and is used for low-rent housing purposes, or (ii) any oontract between the Local Authority and the Government for leans or annual contributions, or both, in connection with such Project remains in force and effect, or (iii) any bonds issued in con- nection with such Project remain unpaid, whichever period is the longest, the Municipality without cost or charge to the Local Authority or the t~nants of such Project (other than the Payments in lieu of taxes) shall: (a) Furnish or cause to be furnished to the ~ocal Authority and the tenants of such Project public services and facilities of the same character and to the same extent as are furnished from time to time without cost or charge to other dwellings and inhabitants in the Municipality; (b) Vacate such streets, roads, and alleys within the area of such Project as may be necessary in the development thereof, and convey without charge to the Local Authority such 415 MINUTES City Commission, Sanford, Florida August 28 at 8 ?. M. 19 67 '])nthomw Offie~ Sunnlv Go,. Orlando. Fla. interest as the Municipality may have in such vacated areas; and, insofar as it is lawfully able to do so without cost or expense to the Local Authority or to the Municipality, cause to be removed from such vacated ares, insofar as it may be necessary, all public or private utility lines and equipment; (c) Insofar as the Municipality may lawfully do so, (i) grant such deviations from the building code of the Municipality as are reasonable and necessary to promote economy and efficiency in the development and administration of such Project, and at the same time safe- guard health and safety, and (ii) make such changes in any zoning of the site and surrounding territory of such Project as are reasonable and necessary for the development and protection of such Project and surrounding territory; (d) Accept grants of easements necessary for the development of such ProjeCt; and (e) Cooperate with the Local Authority by such other lawful action or ways as the Municipality and the Local Authority may find necessary in connection with the development and administration of such Project. 6. In respect to any Project the Municipality further agrees that within a reasonable time after receipt of a written request therefor from the Local Authority: (a) It will accept the dedication of all interior streets, roads, alleys, and adjacent sidewalks within the area of such Project, together with all storm and sanitary sewer mains in such dedicated areas, after the Local Authority, at its own expense, has completed the grading, improvement, parings, and installation thereof in accordance with specifications acceptable to the Municipality; (b) It will accept necessary dedications of land for,and will grade, improve, pave, and provide sidewalks for, all streets bounding such Project or necessary to p~ovide adequate access thereto (in consideration whereof the Local Authority shall pay to the Municipality such amount as would be assessed a~ainst the Project site for such work if such site Were privately owned); and (c) It will provide, or cause to be provided, water mains, and storm and sanitary sewer mains, leading to such Project and serving the bounding streets thereof (in consideration whereof the Local Authority shall pay to the Municipality such amount as would be assessed against the Project site for such work if such site were privately owned.) 7. If by reason of the Municipality's failure or refusal to furnish or cause to be furnishe~ any public services or facilities which it has agreed hereu~mder to furnish or to cause to be furnished to the Local Authority or to the tenants of any Project, the Local Authority incurs any expense to obtain such services or facilities then the Local Authority may deduct the amount of such expense from any Payments in Lien of Taxes or to become due to the Municipalitl in respect to any Project or any other lowtrent housing projects owned or operated by the Local AuthoritY. 8. No Cooperation Agreement heretofore entered into between the Municipality and the Local Authority shall be construed to apply to any Project covered by this Agreement. 9. So long as any contract between the Local Authority ~md the Government for loans (in- cluding preliminary loans) or annual contributions, or both, in connection with any Project remains in force and effect, or so long as any bonds issued in connection with any Project or any monies due to the Government in connection with any Project remain unpaid, this Agreement shall not be abrogated, changed, or modified without the consent of the Government. The MINUTES City Commission, Sanford, Florida ..August 28 at 8 P. M. 1967 419 privileges and obligations of the Municipality hereunder shall remain in full force and effect with respect to each Project so long as the beneficial title to such Project is held by the Local Authority or by any other public body or governmental agency, including the Government, authorized by law to engage in the development or administration of low-rent housing pro~ects. If at any time the beneficial title to, or possession of, any Project is held by such other public body or governmental agency, including the Government, the pro- visions hereof shall inure to the benefit of and may be enforced by, such other public body or governmental agency, including the Government. IN WITNESS WHEREOF, the Municipality and the Local Authori,.ty have respectively signed this Agreement and caused their seals to be affixed and attested as of the day and year first above written. (S~,AL) Attest: s/ H. L. Whelchel City Clerk CITY OF SANFORD~ FLORIDA (corporate Name of Municipality) By s/ J. B. Baker MayOr (SEA ) Attest: s/ Gordon L. Bradle~ "s'e'c'ret'ary THE HOUSING AUTHORITY OF THE CITY OF SANFORD~ FLORIDA , (Corporate Name of Local Authority) By s/ C. L. Redding Chairman After consideration, Commissioner Raborn moved to accept and approve the recom- mendation of the Zoning and Planning Commission that the City Manager, Building Official, and County Planner proceed to Atlanta, Georgia, to negotiate with the Housing Urban and Develppment officials regarding the final approval of the City's re-certification of the Workable Program. Seconded by Commissioner Wilson and carried. After consideration, Commissioner Raborn moved to authorize the Mayor and City Clerk to negotiate a loan through the Florida State Bank to cover partial cost of two 1967 GMC Refuse Packers, in the amount of $15,662.48, over an 18-month period at ~£~ simple interest, payable in two installments, seconded by Commissioner Roberts and carried. There being no further business, the meeting adjourned. ATTEST: mm MAYOR