052984-Regular Session MINUTES
City Commission, Sanford, Florida
May_ 29 at 7:00 P. M. 1984
The City Commission of the City of Sanford, Florida, met in Regular Session in the
City Hall in the City of Sanford, Florida, at 7:00 o'clock P. M. on May 29, 1984.
Present: Mayor-Commissioner Lee P. Moore
Co~]issioner Milton E. 'Smith
Commissioner Edward A. Yancoy
Con~nissioner David ~. Fart
Commissioner Edwin O. Keith
City Attorney William L. Colbert
City Manager W. E. Knowles :
City Clerk H. N. Tamm, Jr.
The meeting was called to order by the Chairman.
A public hearing was held in accordance with notices authorized at meeting of May
14, 1984, to consider condemnation of structures or buildings on Condemnation Group No. 75,
Reports Nos. 84-1113 through 84-1117. The Chairman announced that the Commission would hear
from property owners or representatives thereof. A review of the reports were as follows:
_R_eDort No. Address
Owner
84-1113
84-1114
84-1115
84-1116
86-1117
418 Holly Av.
1003~ W. 7th St.
1011 Pecan Av.
1612 Mulberry Ay.
1308 W. 3rd St.
Richard D. Gwinn
~ Julius & Corine Duval
Ralph A. & Monna W. Jarvis
Louise White Johnson
Bernette O. Smith
No one appeared.
After consideration, Commissioner Yancey moved that finding the buildings under
Condemnation Reports Numbers 84-1113 through 84-1117 to be'unsanitary, unsafe and
delapidated, that said structuros be condemned and the owners givon 90 days in which to
repair or demolish said structuros; and if the structures are not repaired or demolished
within 9£3 days, to auti~orize the City to demolish same and levy a lien against the property.
Seconded by Commissioner Smith and carried.
The next item of.business was the continuation of a publiC hearing'to consider an
Appeal of the Approval of a Conditional Use for an Auto Parts and Salvago Yard, on a portion
of the property lying South of A!bright Road and abutting the West right-of-way line of
Airport Boulevard, tabled at meeting of May 14, 1984. The Mayor reporte~ that at Special
Meeting on May 18, 1954, the roquest for Conditional Uso was referred to the Planning and
Zoning Commission. No one appeared.
A public hearing was held in accordance with notice published in the Evening
Herald on May 9 and 18, 1984, as ~ol!ows:
MOTICE O? A PUBLTC HEARING OF PROPOSED CHAHGES AND
AMENDMENTS IN CERTAIN DISTRICTS AND BOUNDARIES OF
THE ZONING ORDINANCE, AND AMENDING THE FUTURE LAND
USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE
CITY OF SANFORD, FLORIDA.
Notice is hereby given that a Public Hearing_~i!l be hold at
274
MINUTES
City Commission, Sanford, Florida
May 29 at 7:00 P. M. 19 84
more particularly described, as follows:
South one-half of Lot 453, and all of Lots
455, 457 and 459, Woodruff's Subdivision,
Plat Book 3, Page 44, and Lot 32, Pinecrest
Heights Replat, Plat Book 9, Pages 77 and 78,
Public Records of Seminole County, Florida.
Ail parties in interest and citizens shall have an opportun-
ity to be heard at said hearing.
By order of the City Commission of the City of Sanford,
Florida.
Publish:
May 9 and 19, 1984.
H. N. Tamm, Jr.
City Clerk
The Chairman announced that the Commission would hear from those persons present
to speak in favor of or in opposition to, the Proposed rezoning.
The City Clerk reported that notice was sent to the owner, 1st Assembly of God,
on April 26, 1984 and the property was posted on April 30, 1984.
Reverend David Bohannon, Pastor, 1st Assembly of God, Sanford, appeared to support
the proposed rezoning and reported they are trying to sell the property, and buyers have
expressed an interest in the property, if it was zoned for a doctor's office or a day care
center.
Those appearing in opposition to the proposed rezoning were as follows:
Frank Huhn, 2633 French Avenue, Sanford, Florida, appeared and reported he has
lived at that %ocation 29 years, there were restrictions in the Plat that the surrounding
property would only be used for residential purposes, and asked what happens if the property
is rezoned for a doctor's office or a day care center, and that business moves from that
location.
C. O. Todd, 2637 French AVenue, Sanford, Florida, appeared and reported he has
lived at that location 30 years, and he opposes a commercial use of nearby property.
Shirley Simas appeared and reported she lives directly across the street from the
church, there is a trailer park at one end of Elm Avenue and a school at the other end, and
a lot of traffic now, and there is already a day care center on the same side of 27th Street
as the school, and that a church or residential use of the property would be alright.
Dick Elam, 2635 South French Avenue, Sanford, Florida, appeared and reported he
does not think the property should be rezoned commercial.
Myrtle W. Smith, 2630 Elm Avenue, Sanford, Florida, appeared and reported she
opposes the p'roposed commercial rezoning.
On recommendation of the Planning and Zoning Commission, Commissioner Keith moved
to deny the rezoning. Seconded by Commissioner Farr and carried.
A public hearing was held in accordance with notice published in the Evening
Herald on May 9 and 18, 1984, as follows:
NOTICE OF A PUBLIC HEARING OF PROPOSED CHANGES AND
AMENDMENTS IN CERTAIN DISTRICTS AND BOUNDARIES OF
THE ZONING ORDINANCE, AND AMENDING THE FUTURE LAND
MINUTES
City Commission, Sanford, Florida
275
May 29_ at__7:00 P. ML19 84
Avenue and The Seaboard Cost Line Railroad Right-of-Way
is proposed to be rezoned from SR-1AA (Single-Family
Residential Dwelling) District to MR-2 (Multiple-Family
Residential Dwelling) District and SR-1A (Single-Family
Residential Dwelling) District. Said property being
more particularly described as follows:
TO MR,2 (Multiple-Family Residential Dwelling) District:
Section 7, Township 20 South, Range 31 East,
North 249.72 feet of South 849.72 feet of
West 927.55 feet of North one-half of
Northwest one-quarter (less the South 178.72
feet of the West 300 feet and Road); AND
North 509.22 feet of South 778.72 feet of
West 300 feet of North one-half of Northwest
one-quarter (Less Road and Begin Southeast
Corner Run West 83.47 feet, North 54°50
Minutes 40 Seconds East 102 feet South to
Beginning) AND East 38.67,feet of Lot 15 -
Lot 24, Block C, Sanora, Units 1 & 2, Replat,
Plat Book 17, Pages 11 and 12; AND Granada
Townhomes at Sanora, Plat Book 20, Pages 1
and 2; AND Castille Town Homes Condominiums,
Plat Book 20, Pages 14 and 15; AND Madeira
Town Homes Condominiums, Plat Book 20, Pages
16 and 17, Public Records of Seminole County,
Florida.
TO SR-1A (Single-Family Residential Dwelling) District:
Sanora South, Unit 1, Plat Book 19, Pages 76
and 7'7, Public Records of Seminole County,
Florida.
All parties in interest and citizens shall have an opportun-
ity to be heard at said hearing.
By order of the Ci~'~z Co~nission of the City of Sanford
Florida.
H. N. Tamm, Jr.
City Clerk
Publish: May 9 and 19, 1984.
The Chairman announced that the Commission would hear from those persons present
to speak in favor of, or in opposition to, the pr!~posed rezoning.
The City Clerk reported that the owners were notified April 27, 1984 and the
property was posted on April 18, 1984.
No one appeared.
Recommendation submitted from the Planning and Zoning Commission to~ rezone the
property to Modified PUD.
On recommendation of the City Manager, Commissioner Yancey moved to refer same to
the Planning and Zoning Commission to prepare a proper amendment to the Zoning Code to
provide for a district for Modified PUD. Seconded by Commissioner Smith and carried.
Request submitted from Pioneer Federal bank to be designated a depository for City
Funds and placed on the Bid List for City Funds. Commissioner Farr moved to authorize same.
Seconded by Commissioner Keith and carried.
Recommendations dated May 21, 1984 submitted from the Planning and Zoning
Commission as follows:
MEMORANDUM
DATE: May 21, 1984
276 MINUTES
City Commission, Sanford, Florida
May 29 at 7:00 P. M.
19 84
RECOMMENDATIONS
e
Request permission from the City Commis'sion to set a Public Hearing
to readvertise the conditional'use of'a salvage yard in.a MI-2 zone,
located at Airport Blvd. & Albright Rd.
Recommend the denial of rezoning from SR,1 to RC-1, propertY located
at 304 W. 27th St. and 2638 Elm Ave~ The bOard felt rezoning to RC-1
would not be in character with the'present residential area..
Recommend the Plat for Kayw°od Replat, located at Oregon Ave. & Paola
Rd. (CR 46-A) zoned SR-1 and SR.IAA~
Set a Public Hearing to amend the. Zoning Ordinance, Art. VI, Off-Street
Parking & Loading Regulations; Sec~ 2.~Off-Street Parking Requirements,
Para. (2) Multiple-family dwelling structUreS: 2 spaces for each dwelling
unit plus adequate storage space for~boats & accessory vehicles.
Commissioner Farr moved to authorize the Planning and Zoning Commission to
advertise and hold the public hearing in Item (1). Seconded by Commissioner Smith and
carried.
Commissioner Farr moved to authorize the Mayor and City Clerk to execute the
Kaywood Replat in Item (3). Seconded by Commissioner Smith and carried.
Commissioner Farr moved to authorize the Planning and Zoning Commission to
advertise and hold the public hearing in Item (4). Seconded by Commissioner Yancey and
carried.
Memorandum submitted from the Building Official, regarding expiration of terms on
the Code Enforcement Board, as follows:
MEMORANDUM
DATE:
TO:
FROM:
SUBJECT:
May 22, 1984
City Clerk
Building Official
Expired Membership Terms - Code Enforcement Board - 3-Yr. Terms
The following membership terms expire June 30, 1984.
Ron Dycus
J. Q. "Slim" Galloway
P.O. Box 1784
P.O. Box 86
Mr. Dycus has agreed to serve another 3-yr. term if reappointed. Mr. Galloway
has requested to not be appointed so a replacement will be needed to maintain
the membership. (3-Yr. term.)
Mr. Harriett and Mr. Winn would like to recommend the following name to fill
the vacancy as he has expressed a desire to serve and has an application on
file.
Mr. Charles A. Lytle
1925 Hibiscus Ct.
M N TES
City Commissi°nl 8&ffft~}~i~hii ~
May 29 at 7:00 P. M.
277
19 84
Commissioner Smith moved to re-appoint Ron Dycus to the Code Enfor.cement Board for
a three year term to expire June 30, 1987. Seconded by Commissioner Yancey and carried.
Commissioner Farr moved to appoint Charles Lytle to the Code Enforcement Board for
a three year term to expire June 30, 1987, to replace J. Q. "Slim" Galloway. Seconded by
Commissioner Smith and carried.
Commissioner Smith moved to accept Mr. Galloway's resignation with regrets, and
authorize a letter of appreciation for his service. Seconded by Commissioner Keith and
carried.
Memorandum submitted frcm the Building Official regarding expiration of terms on
the Planning and Zoning Commission as follows:
MEMORANDUM
DATE:
TO:
FROM:
SUBJECT:
May 22, 1984
City Clerk
Building Official
Expired Terms - Planning & Zoning Commission-3-Yr Terms
The following membership terms expire June 30, 1984. Mr. Willis has requested
that he not be reappointed. Mr. Miller and Mr. Morris have agreed to serve if
reappointed.
Cliff Miller
George M. Willis, Jr.
John Morris
P.O. Box 608
213 W. 20th St.
20l DOgwood Drive
Gary I~4nn
/dh
CC: City Manager
Commissioner Yancey moved to re-appoint Cliff Miller and John Morris and to appoint
Bettye Smith to replace George M. Willis, Jr., on the Planning and Zcning Commission for
three year terms to expire June 30, 1987. Further, tc accept Mr. Wil!is's resignation with
regrets and to authorize a letter of appreciation for his service. Seconded by Commissioner
Smith and carried.
Request for annexation submitted from ~-~. and Mrs. Charles K. Fiilinger, 399
Poinsetta Drive, for a portion of the property lying between Sanford Avenue an~ Palmway and
between Poinsetta Drive and Rose Drive. further described ~ fnl]~w~o
278
MINUTES
City Commission, Sanford, Florida
May 29 at 7:00 P. M.
19 84
request.
On recommendation of the City Manager, Commissioner Keith moved to deny the
Seconded by Commissioner YanceY and carried.
A public hearing was held in accordance with notice published in the Evening
Herald on May 18, 1984, as follows:
NOTICE OF A PUBLIC HEARING TO CONSIDER THE
ADOPTION OF AN ORDINANCE BY THE CITY OF
SANFORD, FLORIDA.
Notice is hereby given that a Public Hearing will be held at
the Commission Room in the City Hall in the City of Sanford,
Florida, at 7:00 o'clock P. M. on May 29, 1984, to consider
the adoption of an ordinance by the City of Sanford, Florida,
title of which is as follows:
ORDINANCE NO. 1698
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
CLOSING, VACATING AND ABANDONING A NORTH-SOUTH
ALLEY LYING BETWEEN FRENCH AVENUE AND MYRTLE
AVENUE AND BETWEEN SEMINOLE BOULEVARD AND THE
NORTH BOUNDARY LINE OF VACATED WATER STREET AND
BETWEEN THE SOUTH BOUNDARY LINE OF VACATED WATER
STREET AND FULTON STREET; PROVIDING SEVERABILITY,
CONFLICTS AND EFFECTIVE DATE.
A copy shall be available at the Office of the City Clerk
for all persons desiring to examine the same.
Ail parties in interest and citizens shall have an
opportunity to be heard at said hearing.
By order of the City Commission of the City of Sanford,
Florida.
H. N. Tamm, Jr.
City Clerk
Publish: May 18, 1984.
Ordinance No. 1698, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
CLOSING, VACATING AND ABANDONING A NORTH-SOUTH
ALLEY LYING BETWEEN FRENCH AVENUE AND MYRTLE
AVENUE AND BETWEEN SEMINOLE BOULEVARD AND THE
NORTH BOUNDARY LINE OF VACATED WATER STREET AND
BETWEEN THE SOUTH BOUNDARY LINE OF VACATED WATER
STREET AND FULTON STREET; PROVIDING SEVERABILITY,
CONFLICTS AND EFFECTIVE DATE.
introduced and placed on first reading at meeting of May 14, 1984, was next placed on final
reading. After being read by title, the Chairman announced that the Commission would hear
from those persons present to speak in favor of, or in opposition to, the proposed adoption
of the ordinance. No one appeared.
Commissioner Farr moved on the passage and adoption of Ordinance No. 1698.
Seconded by Commissioner Keith and carried.
Thereupon, the Chairman announced that the City Commission of the City of Sanford,
Florida, had passed and adopted said Ordinance No. 1698, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
CLOSING, VACATING AND ABANDONING A NORTH-SOUTH
ALLEY LYING BETWEEN FRENCH AVENUE AND MYRTLE
AVENUE AND BETWEEN SEMINOLE BOULEVARD AND THE
NORTH BOUNDARY LINE OF VACATED WATER STREET AND
BETWEEN THE SOUTH BOUNDARY LINE OF VACATED WATER
STREET AND FULTON STREET; PROVIDING SEVERABILITY,
CONFLICTS AND EFFECTIVE DATE.
Request submitted from Alberta B. Jordan for a time extension on condemned
property located at 1119½ West 12th Street, COndemnation Report No. 82-1067. On
recommendation of the City Manager, Commissioner Yancey moved to authorize a final 90 day
MINUTES
City Commission, Sanfordi Florida ·
May 29 at 7:00 P. M. 19 84
279
Minutes of May 14 and 18, 1984 were approved.
Request submitted from the Kiwanis Seminole Sunrise Club for permission for the
Sanford Gymnastic Association to erect a permanent 80 by 175 foot metal building on the City
property leased to the club, between 25th Place and 26th Street and Poinsetta Avenue and
the Seaboard Systems Railroad. The City Manager reported that under the lease agreement,
the club was to begin improvements to the property within 30 days, that was not done, and
the lease states that ,'At any time Lessee ceases to utilize the property for recreation and
amusement purposees, this lease shall immediately terminate and shall be of no further force
and effect", the property has not been used for recreation and amusement purposes and the
lease automatically terminated and no longer exists. Commissioner Smith moved to authorize
the City Manager to work out an acceptable lease with the Kiwanis Seminole Sunrise Club, and
to authorize the City Attorney to draft same. Seconded by Commissioner Yancey and carried.
Request submitted from Seminole County to use the existing library building on the
Northwest corner of First Street and Palmetto Avenue for library administrative offices and
support services if and when a new library is constructed on the lot to the North. On
recommendation of the City Manager, Commissioner Smith moved to authorize the City Manager
to direct a letter to Seminole County, that the concept is acceptable, and an agreement will
be drafted when Seminole County makes a decision. Seconded by Commissioner Yancey and
carried.
On recommendation of the City Manager, Commissioner Farr moved to authorize Ms.
Sonda Henry to use the Westside Recreation Building, with alcoholic beverages, on June 16,
for a wedding reception, after payment of the proper fee. Seconded by Commissioner Yancey
and carried.
On recommendation of the City Manager, Commissioner Smith moved to authorize the
Mayor and City Clerk to execute the standard resolution and agreement with Seaboard System
Railroad, Inc., to install a two inch water line under the railroad on Palmetto Avenue
between 15th Street and 16th Street. Seconded by Commissioner Yancey and carried.
The City Manager submitted a memorandum from Conklin, Porter and Holmes,
Engineers, Inc., on Construction Grants for Wastewater Treatment and Effluent
Disposal Improvements, that four potential City projects have qualified for grant funds, and
the City needs to decide whether to accept the no discharge into Lake Monroe and pursue
grant funding, or to continue work for the administrative hearing for discharge into Lake
Monroe, or a combination of both.
Commissioner Keith moved to pursue both options vigorously (recommendation (3)), as
follows:
(3) Conduct a parallel path approach and put full efforts into
preparing for the grants while maintaining full efforts on the
Administrative Hearing.
Seconded by Commissioner Yancey and carried.
Commissioner Smith moved to authorize expenditure in amount of $60,700.00 for
consultants' study and testimony for the Site Specific Alternative Criteria public hearing
September 12 - 14, 1984, as follows:
28O
MINUTES
City CommiSsion, Sanford, Florida
May 29 at 7:00 P M. 1984
1)
CONSULTANT
Seaburn and Robertson - Hydrologist
Study and Testimony
COST
$ 3,,000
2) Dr. Putnam - Biologist 27,000
Study and Testimony
3) Bionomics - Laboratory Testing -4,200
and Testimony
'4) Hydroqual - Limited Upstream Water 25,000
Quality Study and Testimony
5) Conklin, Porter, & Holmes - 1,500
Computer Model
TOTAL' $60,700
Seconded by Commissioner Yancey and carried.
On recommendation of the City Manager, Commissioner Smith moved to authorize
transfers in amount of $812,009.00 in the Sanford Airport Authority's FY 84 budget.
Seconded by Commissioner Keith and carried.
On recommendation of the City Manager, Commissioner Keith moved to authorize
transfer in amount of $8,716.00 for a double handball court at McKibbin Park. Seconded by
Commissioner Yancey and carried.
The City Manager reported on proposed state legislation to require each city and
county to designate multi-family residential zoning for groups of eight or fewer
individuals who are developmentally disabled as required by Federal Public Law 98-181, as a
condition to receive state revenue sharing. Commissioner Keith moved to authorize the City
Manager to notify the legis'latur~ that the City opposes such legislation. Seconded by
Commissioner Smith and carried.
The City Manager reported that Robert G. Feather has formed a partnership with
Health Care Industries, Inc., of Dayton, Ohio, and requests the City to issue and sell up to
$2,850,000.00 Industrial Development Revenue Bonds for the Sanford Shore Club, Inc. project
on former City property in the Lake Monroe Industrial Park for Phase I, to develop a 60 bed
skilled and intermediate care nursing facility and a 55 bed assisted living facility on 2.5
acres of the property. Commissioner Farr moved to adopt Resolution No. 1370, and authorize
the Mayor and City Clerk to execute said Resolution and a Memorandum of Agreement with
Sanford Shore Club, Inc. Seconded by Commissioner Keith and carried. Said Resolution No.
1370 being in words and figures as follows:
RESOLUTION NO. 1370
MINUTES
City Commissiom sanfor
May 29 at 7:00 P. M. 19 84
28'1
A RESOLUTION AUTHORIZING A MEMORANDUM OF AGREEMENT
WITH SANFORD SHORE CLUB, INC. WITH P~ESPECT TO THE
ACQUISITION, CONSTRUCTION AND EQUIPPING OF A PROJECT
CONSISTING OF A NURSING HOME FACILITY IN THE CITY OF
SANFORD, FLORIDA; THE PROPOSED ISSUANCE AND SALE OF
NOT TO EXCEED $2,850,000 IN AGGREGATE PRINCIPAL AMOUNT
OF CITY OF SANFORD INDUSTRIAL DEVELOPMENT REVENUE
BONDS (SANFORD SHORE CLUB, INC. PROJECT) FOR THE
PURPOSE OF FINANCING THE COST OF SAID PROJECT, ALL
PURSUANT TO THE FLORIDA INDUSTRIAL DEVELOPMENT
FINANCING ACT.
BE IT RESOLVED, by the members of the City Commission
of the City of Sanford, Florida:
SECTION 1. AUTHORITY FOR THIS RESOLUTION. This
Resolution is adopted pursuant to the provisions of the Florida
Industrial Development Financing Act, Part II, Chapter 159,
Florida Statutes, as amended, (the "Act") and other applicable
laws.
SECTION 2. FINDINGS It is hereby found,
ascertained, determined and declared that:
(A) the City of Sanford, Florida (the "Issuer") is a
municipality and political subdivision duly created and
existing under and by virtue of the laws of the State of
Florida. The Issuer is authorized and empowered by the Act
to provide for the issuance of and to issue and sell its
Industrial Development Revenue Bonds and to loan Bond
proceeds to Sanford Shore Club, Inc. (the "Company") to
enable it to pay all or any part of the cost of any
"project" (as defined in the Act); and
(B) in order to promote the economic growth of the
Issuer by fostering economic development within the
boundaries of the Issuer and in order to enhance the
economy of the State of Florida, to increase purchasing
power and opportunities for gainful employment, to improve
the economic prosperity and the general welfare of the
State of Florida and its people, it is desirable that:
(1) the Issuer provide for the issuance and
sale of its Industrial Development Revenue
Bonds (Sanf0rd Shore Club~ Inc. Project) in
an aggregate principal amount not to exceed
$2,850,000 (the "Bonds");
(2) the Issuer loan the proceeds thereof to
the Company for use as follows:
(a) to pay all or any part of the cost of
issuance of the Bonds;
(b) to pay all or any part of the cost of
acquiring a parcel of real estate located at 400
North Highway/1792, within the limits of the
Issuer upon which the Company will construct and
equip the facilities described below;
(c) to pay all or any part of the cost of
constructing and equipping certain improvements
on the aforementioned parcel of real estate,
including the construction of a 60-bed skilled
and intermediate care nursing home facility and
55 medically-assisted living units;
(d) to pay all or any part of the cost of
the acquisition and installation of certain
furnishings, fixtures, machinery, equipment and
appurtenances and facilities incidental thereto,
and other improvements necessary and convenient
therefor (the aforementioned parcel of real
estate and improvements to be constructed, and
such furnishings, fixtures, machinery, equipment
and appurtenances and facilities incidental
thereto, being referred to herein, collectively,
as the "Project"); and
(e) to pay any other "cost" (as defined in
the Act) of the Project; and
(C) the Company has shown that the primary purpose of
the Project is to be a "health-care facility" (as defined
282
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City Commission, Sanford, Florida
May 29 ak 7:00 P. M. 1¢~84
(E) the Company has shown that the Project will make
a significant contribution to the economic growth of the
Issuer, will provide gainful employment and will serve a
paramount public purpose by advancing the economic
prosperity and general welfare of the State of Florida and
its people; and
(F) the Issuer is able to cope satisfactorily with
the impact of the Project and is able to provide, or cause
to be provided when needed, the public facilities,
including utilities and public services, that will be
necessary for the Project and on account of any increase in
population or other circumstances resulting therefrom; and
(G) in view of rising construction costs, rising
interest rates and other factors, it is believed essential
that the acquisition, construction and equipping of the
Project commence at the earliest practical date, and the
Company is unwilling to make commitments therefor without
satisfactory assurances from the Issuer that, upon
satisfaction of all requirements of law and other
conditions to be met by the Company, the Bonds will be
issued and sold and the proceeds thereof will be made
available to finance the cost of the Project, to the extent
of such proceeds; and
{H) it is necessary and desirable and in the best
interest of the Issuer and the Company that the Issuer and
the Company enter into a Memorandum of Agreement (the
"Memorandum of Agreement") providing for the acquisition,
construction and equipping of the Project; and providing
among other things for the issuance and sale by the Issuer
of the Bonds; for the use and application of the proceeds
of the sale of the Bonds to pay all or any part of the
"cost" (as defined in the Act) of the Project, to the
extent of such proceeds; and for the loan of the proceeds
of the Bonds by the Issuer to the Company pursuant to a
loan agreement requiring the Company to repay the loan in
installments sufficient to pay the principal of, redemption
premiums (if any) and interest on the Bonds when and as the
same become due and payable,' to operate, repair and
maintain the Project at the Company's own expense, and to
pay all costs incurred by the Issuer in connection with the
financing of the Project which are not paid out of the
proceeds of the Bonds or otherwise; and
(I) the Company and its shareholders are financially
responsible and fully capable and willing to fulfill their
respective obligations under-the proposed loan agreement,
including the obligation to make loan repayments in the
amount and at the times to be required by the loan
agreement, the obligation to operate, repair and maintain
such Project at the Company's own expense, and to serve the
purposes of the Act and other responsibilities to be
imposed under the loan agreement; due consideration having
been given to the financial affairs of the Company and its
shareholders, including the ratio of current assets to
current liabilities, net worth, earnings trends, coverage
of all fixed charges, the nature of their business and the
.MINUTES
City. CommissiOn. Sfifif6~l';;F~fida
., :: ~.?..
May 29 at 7:00
Po Mo
19 84
industry in which they are involved, their inherent
stability and other factors determinative of the
capabilities of the Company and its shareholders,
financially and otherwise, to fulfill their obligations
consistently with the purposes of the Act; and
(J) the Bonds shall and will be payable solely from
the payments and revenues deriVed by the Issuer from the
loan agreement pursuant to which Bond proceeds are loaned
to the Company, and will not constitute a debt, liability
or obligation of the Issuer or the State of Florida or of
any political subdivision thereof. The Issuer shall not be
obligated to pay the principal of, redemption premiums (if
any) or interest on the Bonds except from the loan payments
and proceeds pledged therefor, and neither the faith and
credit nor the taxing power of the Issuer or the State of
Florida or any political subdivision thereof will be
pledsed to the payment of the principal of, redemption
premiums (if any) and interest on the Bonds.
SECTION 3. APPROVAL OF MEMORANDUM OF AGREEMENT. In
order to assure the location of and to induce the Company to
locate the Project within the boundaries of the Issuer, with
the resulting public benefits which flow therefrom, and to more
effectively serve the purposes of the'Act, the proposed
Memorandum of Agreement to be made between the Issuer and the
Company, in the form and with the contents presented at and
filed with the Minutes of this meeting, be and the same is
hereby approved.
SECTION 4. AUTHORIZATION OF EXECUTION'AND-DELIVERY OF
MEMORANDUM OF AGREEMENT. The Mayor of the Issuer is hereby
authorized and directed to execute the Memorandum of Agreement
in the name of and on behalf of the Issuer, and the Clerk of
the Issuer is hereby authorized and directed to attest the same
and to affix thereto the Official S~al of the Issuer, and the
Mayor is hereby~authorized to deliver the Memorandum of
Agreement to the Company. Such persons and all other officers
and employees of the Issuer are hereby authorized to execute
and deliver such further agreements, instruments and documents
and to take such further action as may be necessary and
desirable to effectuate and carry out the intent and purposes
of the Memorandum of Agreement, when executed and delivered by
the Company.
SECTION 5. EFFECT OF RESOLUTION. This Resolution is
intended to and shall constitute "a Bond Resolution or some
other similar official action" of the Issuer for purposes of
Section 103(b) of the Internal Revenue Code of 1954, as
amended, and the regulations, rulings and interpretative court
decisions thereunder.
284
MINUTES
City Commission, Sanford, Florida
May 29 at 7:00 P. M. 19 84
SECTION 6. REPEALING CLAUSE. All resolutions or orders and
parts thereof in conflict herewith, to the extent of such conflicts, are
hereby superseded and repealed.
SECTION 7. EFFECTIVE DATE. This Resolution shall take effect
immediately fipon its adoption.
PASSED AND APPROVED this
MAYOR, CITY OF SANFORD
ATTEST:
On recommendation of the City Manager, Commissioner Smith moved to authorize
salary reclassificatiQn of Bruce Mosely, Fire Department, from Firefighter C to D,
$16,818.29 annual. Seconded by Commissioner Yancey and carried.
The City Manager reported that the owner of property on Condemnation Report Number
84-1115, Group 75, has authorized the City to demolish the structure and bill them.
On recommendation of the City Manager, Commissioner Yancey moved to authorize
transfers from excess funds to create a reserve fund for termination benefits over the next
three years, as follows:
a. $200,000.00 in General Government to reserve account.
b. $20,000.00 in Utility Budget to reserve account.
c. ~10,000.00 in Refuse Budget to reserve account.
Seconded by Commissioner Smith and carried.
On recommendation of the City Manager, Commissioner Farr moved to authorize a
request from All Souls School to close Oak Avenue between Eighth Street and Ninth Street
from 8:30 to 2:30 P. M. on June 7, 1984, for a field day in the park across from the school.
Seconded by Commissioner Yancey and carried.
Commissioner Yancey moved to table consideration of the first reading of Ordinance
No. 1700, to annex a portion of the property lying between Country Club Road and West 25th
Street (C.R. 46A) and Wesg of and abutting Airport Boulevard. Seconded by Commissioner
Smith and carried.
On motion of Commissioner Yancey, seconded by Commissioner K~ith and carried,
Ordinance No. 1701, entitled:
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING
SECTION 1-9 OF THE CITY CODE, AS PREVIOUSLY AMENDED BY
ORDINANCE NUMBER 1031, TO PROVIDE A $2.00 ASSESSMENT
AS COURT COSTS FOR LAW ENFORCEMENT EDUCATION AND
TRAINING; PROVIDING FOR SEVERABILITY, CONFLICTS AND
EFFECTIVE DATE.
was introduced and placed on first reading and read in full.
MINUTES
City Commission, Sanford, Florida
May 29 at 7:00 P. M. 19 84
Residential Dwelling) District and MR-2 (Multiple-Family Residential Dwelling) District.
Seconded by Commissioner Yancey and carried.
There being no further business, the meeting was adjourned.
ATTEST:
Cit~v~erk -'/ (.._.~)
js
MAYOR