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110885-Special Session228 MINUTES City Commission, Sanford, Florida November 8, 19 85 the Cit, 12:00 o' The City Commission of the City of Sanford, Florida, met in Special Session in Manager's Conference Room at the City Hall in the City of Sanford, Florida, at P. M. on November 8, 1985. ~ Mayor-Commissxon~r Bettye O. Smith Commissioner Joh~ Y. Mercer Present: Commissioner Davi~ T. Farr Commissioner Bob Thomas City Attorney William L. Colbert City Manager Frank A.. Faison City Clerk H. N. Tatum, Jr. The g was called to order by the Chairman. The Ch~ announced that the meeting had been called to receive a report from the City Attorney on b~d~ validation proceedings and for Consideration of site acquisition for effluent disposal. ~ The City Attor reported that Circuit Judge C. Vernon Mize had executed the validation order for the W~ter and Sewer Bond Certificates of 1985 and same had been filed with the Clerk of the Circuit% Court. The City Attorney r~viewed the past events of the 201 Planning process several ~.ars ago for a regional waste~er treatment plant with the CountY and City of Lake Mary being invited to participate, hoover, neither showed positive interest. The rules from the Dep~tment of Environmental Regulation were changed and the City decided to go it alone. Advafi~ed wastewater treatment with ~e effluent disposal in the lake was considered, however the De~artment~:;~ of Environmental Regulation. would only participate in funding and approve land disposal. ~'~The City had performed a survey,\ title work and appraisals, and offered to purchase this 2,867 acres of property by ~livery of a contract for $5,567,000 which was not accepted. The City then increased the offe~by'\\ 10% but on November 5 the citY'Manager received a letter indicating that the proper~ was going to be sold to the County. The Department of Environmental Regulation has indicated that in the eVent of eminent domain p~'Qceedings, the City would stil~be elligible for grant reimbursement. The CitY,Manager recommended proceeding\\through condemnation of this parceli of property. '~ \ ~ Commis s ione~ Mercer moved to authorize the~City Attorney to proceed with condemnation process. '""~Seconded by Commissioner Farr~'~d\ unanimously carried. Resolution No.~',,.~1427 was read in full by the C~ty Attorney. ' Commissioner Fart moved on passage and adoptio~of Resolution No. 1427. Seconded by Commissioner Thomas and ~arried. Said Resolution No~ 1427 being in words and figur~s~ as follows: RESOLUTION NO. 1427 A RESOLUTION CITY et SANFORD, FLO $DA, DETERMINING THAT THE EXERCISE OF EMINENT DOMAIN pOwERS FOR A WASTEWATER EFFL~NT DISPOSAL SiTE IS FOR A PUBLIC USE PURPOSE, ESTABLISHING JUST COMPENSATION F~ THE PROPERTY TO BE CONDEMNED, DETERMINING TH~ APPRAISAL wAS.PERFORMED IN ACCORDANCE WIT~% MINUTES City Commission, Sanford, Florida 19 228 A AMENDED MINUTES city Commission, Sanford, Florida AS AMENDED PER SPECIAL MEETING OF February 3, 1986 November 8, 19 85 The City Commission of the City of Sanford, Florida, met in Special Session in the City Manager's Conference Room in the City Hall in the City of Sanford, Florida, at 12:00 o'clock P. M. on November 8, 1985. Present: Mayor-Commissioner Bettye D. Smith Commissioner John Y. Mercer Commissioner David T. Farr Commissioner Bob Thomas City Attorney William L. Colbert City Manager Frank A. Faison City Clerk H. N. Tamm, Jr. Absent: Commissioner Milton E. Smith The meeting was called to order by the Chairman. The Chairman announced that the meeting had been called to receive a report from the City Attorney on bond validation proceedings and for consideration of site acquisition for effluent disposal. The City Attorney reported that Circuit Judge C. Vernon Mize had executed the validation order for the Water and Sewer Bond Certificates of 1985 and same had been filed with the Clerk of the Circuit Court. The City Attorney reviewed the past events of the 201 Planning process several years ago for a regional wastewater treatment plant with the County and City of Lake Mary being invited to participate, however, neither showed positive interest. The rules from the Department of Environmental Regulation were changed and the City decided to go it alone. Advanced wastewater treatment with the effluent disposal in the lake was considered, however the Department of Environmental Regulation would only participate in funding and approve land disposal. The City had performed a survey, title work and appraisals, and offered to purchase this 2,867 acres of property by delivery of a contract for $5,567,000 which was not accepted. The City then increased the offer by 10% but on November 5 the City Manager received a letter indicating that the property was going to be sold to the County. The Department of Environmental Regulation has indicated that in the event of eminent domain proceedings, the City would still be elligible for grant reimbursement. The City Manager recommended proceeding through condemnation of this parcel of property. Commissioner Mercer moved to authorize the City Attorney to proceed with the condemnation process. Seconded by Commissioner Farr and unanimously carried. Resolution No. 1427 was read in full by the City Attorney. Commissioner Farr moved on passage and adoption of Resolution No. 1427. by Commissioner Thomas and voted on as follows: Commissioner Mercer Commissioner Smith Commissioner Farr Commissioner Thomas Mayor Smith Yea Absent Yea Yea Yea Said Resolution No. 1427 being in words and figures as follows: RESOLUTION NO. 1427 A RESOLUTION OF THE CITY OF SANFORD, FLORIDA, DETERMINING THAT THE EXERCISE OF EMINENT DOMAIN POWERS FOR A WASTEWATER EFFLUENT DISPOSAL SITE IS FOR A PUBLIC USE AND PURPOSE, ESTABLISHING JUST COMPENSATION FOR THE PROPERTY TO BE CONDEMNED, DETERMINING THE APPRAISAL WAS PERFORMED IN ACCORDANCE WITH APPLICABLE LAWS, DETERMINING THE EXERCISE OF EMINENT DOMAIN POWERS TO BE IN ACCORDANCE Seconded MINUTES City Commission, Sanford, Florida November 8, 229 1985 WITH APPLICABLE LAWS AND ESTABLISHING A LEGAL DESCRIPTION OF THE PROPERTY AND IDENTIFYING ITS OWNERS OF RECORD, ESTABLISHING THAT FEE SIMPLE TITLE IS SOUGHT TO THE PROPERTY, DETERMINING THAT THE CITY IS EXERCISING POWERS GRANTED BY THE FLORIDA STATUTES, AUTHORIZING THE CITY ATTORNEY TO PROSECUTE EMINENT DOMAIN PROCEEDINGS AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Sanford, Florida, is a municipal corporation organized and existing under the laws of the State of Florida and as such has the power of eminent domain vested in it by Chapter 166, Florida Statutes, and other applicable laws of Florida; and WHEREAS, the City of Sanford, Florida, is in the process of acquiring a wastewater effluent disposal site to conform to the ,requirements of the Federal Environmental Protection Agency and the State Department of Environmental Regulation so as to serve as a wastewater effluent disposal site for the citizens of Sanford; and WHEREAS, the City has fixed, surveyed and located the line or area of construction of the proposed wastewater effluent disposal site and intends in good faith to have wastewater effluent disposal facilities constructed within, over, across and upon the hereinafter described parcel; and WHEREAS, it is deemed an urgent public necessity for the preservation of health, safety and welfare of the citizens of Sanford, Florida, and the public to construct and place in operation said proposed wastewater effluent disposal facility as scheduled; and WHEREAS, it is necessary to acquire additional real property for the wastewater effluent disposal site; and WHEREAS, it has been determined that the City of Sanford, Florida, acquire the fee simple absolute title to the property hereafter described for the aforesaid uses and purposes; and WHEREAS, efforts on the part of the City of Sanford, Florida, to obtain by negotiations and purchase the hereinafter described necessary and required parcel of land has been unsuccessful and it is the opinion of the City Commission of the City of Sanford, Florida, that said necessary and required land should be appropriated as rapidly as possible under the laws of the State of Florida by eminent domain and in the manner described by law. WHEREAS, the City of Sanford, Florida, states that, based upon a valid appraisal, its estimate of just compensation (fair market value) for this parcel is $5,567,000.00 (FIVE MILLION FIVE HUNDRED SIXTY SEVEN THOUSAND DOLLARS); and WHEREAS, the City of Sanford, Florida, certifies that the work of its appraiser with respect to the property hereinafter 2 3 0 MINUTE S City Commission, Sanford, Florida November 8, 19 85 described with applicable laws. NOW, THEREFORE, OF SANFORD, otherwise, hereinafter has been performed in a competent manner and in accordance BE IT RESOLVED BY THE PEOPLE OF THE CITY FLORIDA, that the acquisition, by eminent domain or of the fee simple absolute title to the property described for the purpose of construction of a wastewater work of described applicable laws; and effluent disposal facility within the City of Sanford, Florida, has been found to be, and is found and determined to be, necessary, practical and to the best interests of the public and the City of Sanford, Florida, and the people of Sanford, Florida, and the same is for a public use and purpose; and BE IT FURTHER RESOLVED that the City establishes the just compensation (fair market value) of the property hereinafter described as follows: $5,567,000.00 (FIVE ~'MILLION FIVE HUNDRED.~'SIXTY SEVEN THOUSAND DOLLARS). BE IT FURTHER RESOLVED that the City certifies that the its appraiser with respect to the property hereinafter has been performed in a competent manner in accordance with right State 74, BE IT FURTHER RESOLVED that the City does exercise the of eminent domain in the manner prescribed by the laws of the of Florida, including but not limited to Chapters 166, 73 and Florida Statutes, to acquire land as rapidly as possible to have constructed manner at all together with thereto over, for operating times said all related and maintaining in a safe and sanitary wastewater effluent disposal facility equipment, facilities, and accessories upon and across said land. Said property over which said wastewater effluent disposal site is to extend is that parcel of land situate and being in Seminole County, Florida, to-wit: SEE ATTACHED EXHIBIT "A". BE IT FURTHER RESOLVED, that the particular estate or interest which the City seeks to appropriate in the above described parcel of land is fee simple absolute title for the purposes of constructing, operating and maintaining the wastewater effluent disposal facility. BE IT FURTHER RESOLVED, that the City does exercise the right of eminent domain in the manner prescribed by law and the statutes of the State of Florida to acquire the right and privilege to take the parcel of land hereinbefore described. BE IT FURTHER RESOLVED, that the City Attorney is hereby authorized and directed to prosecute eminent domain proceedings by petition and declaration of taking in eminent domain pursuant to MINUTES City Commission, Sanford, Florida November 8, 231 1985 Chapters 73, 74 and 166, Florida Statutes, as amended, and such other proceedings as may be necessary or required to acquire said property as aforesaid. BE IT FURTHER RESOLVED, that this Resolution shall become effective immediately upon its final passage and adoption. PASSED AND ADOPTED this 8th day of November, A.D. 1985. EXHIBIT "A" GENERATED METES AND BOUNDS DESCRIPTION PARCEL 1 A tract of land being a portion of Sections 22, 23 and 24, Township 19 South, Range 29 East and a portion of the Moses E. Levy Grant, Seminole County, Florida, said tract being more particulary described as commencing at the Southeast corner of said Section 22; thence North 00° 16' 39" West along the East line of said Section 22 for a distance of 35.75 feet to a point on the North right of way of State Road No. 46 and the Point of Beginning. Thence run Northwesterly along said right of way per State Road Department Right of Way Plans - Section 77030-2505 and along the arc of a curve concave Southerly and having as its elements a tangent bearing of North 81° 00' 32" West, a central angle of 08° 30' 20", a radius of 2932.79 feet, and an arc length of 435.37 feet to the P.T.; thence North 89° 30' 52" West, 2211.16 feet; thence departing said Right of Way run North 00° 04' 45" West, 1603.00 feet; thence North 29° 34' 57" East along the Easterly boundary of the Peter Miranda Grant 4812.13 feet; thence South 60° 28' 29" East along the Southerly boundary of the Moses E. Levy Grant for a distance of 1596.81 feet; thence North 29° 28' 43" East along a line being the Easterly boundary of state lands as surveyed by Arthur W. Steinman and Associates, Inc. by survey prepared September, 1976f, for a distance of 16,437.19 feet to a concrete monument; thence continue North 29° 28' 43" East along extension of the aforesaid line a distance of 300 feet more or less to the St. John's River; thence run Southeasterly along said river to the East line of the Moses E. Levy Grant; thence South 29° 30' 00" West along said line a distance of 4,830 feet more or less to a point on the North line of Lot 1, Block "E", Astor Farms, Section 1, as recorded in Plat Book 6, Page 13, Public Records of Seminole County, Florida; thence North 60° 24' 00" West along the North line of said Lot 1 a distance of 328.16 feet; thence South 29° 37' 27" West along the West line of said Lot 1 a distance of 634.91 feet; thence South 60° 23' 53" East along the South line of said Lot 1 a distance of 337.15 feet; thence South 29° 37' 56" West along the East line of Lot 8 of said plat for a distance of 634.92 feet; thence North 60° 23' 46" West along the South line of Blocks "E" and "F" of said plat for a distance of 1987.13 feet; thence North 29° 37' 12" East along the West line of Lot 7, Block "F" of said plat for a distance of 634.86 feet; thence North 60° 23' 53" West along the North line of Lots 6 and 5, Block "F" of said plat together with a Westerly extension thereof for a distance of 660.05 feet; thence South 29° 37' 06" West along the West line of said plat for a distance of 599.26 feet; thence North 60° 22' 54" West for a distance of 726.00 feet; thence South 29° 37' 06" West along a line 726.00 feet West of and parallel to the West line of said Astor Farms plat for a distance of 23.48 feet; thence North 60° 22' 54" West for a distance of 726.00 feet; thence South 29° 37' 06" West along a line 1452.00 feet Westerly of and parallel to the West line of said Astor Farms Plat for a distance of 3,402.52 feet; thence South 60° 23' 19" East along a line 726.00 feet Southerly of and parallel to the Southwesterly line of said Astor Farms Plat for a distance of 2634.13 feet; thence South 29° 30' 00" West along a line 1466.00 feet Westerly of and parallel to the East line of the Moses E. Levy Grant for a distance of 657.44 feet; thence South 89° 44' 39" West along a line 3024.02 feet North of and parallel to the South line of Government Lot 2, Section 24, Township 19 South, Range 29 East, Seminole County, Florida for a distance of 418.07 feet; thence.South 00° 15' 21" East for a distance of 103.02 feet; thence South 89° 44' 39" West along a line 2921.00 feet North of and parallel to the South boundary of said Government Lot 2, for a distance of 2492.00 feet;. thence South 29° 40' 08" West for a distance of 662.66 feet; thence North 60° 19' 52" West a distance of 726.00 feet; thence South 29° 40' 08" West along a line being 50 feet Easterly of and parallel to the centerline of an existing H-frame Florida Power and Light electric transmission line for a distance of 1817.69 feet; thence North 60° 19' 52" West for a distance of 100.00 feet; thence South 29° 40' 08" West along a line 50 feet Westerly of and parallel to said electric transmission line for a distance of 1317.87 feet; thence North 89° 20' 28" West along the South line of the Southeast 1/4 of Section 23, Township 19 South, Range 29 East, Seminole County, Florida, for a 232 MINUTES City Commission, Sanford, Florida November 8, 19 85 distance of 56.48 feet; thence North 00° 16' 39" West along the East line of the South 1/2 of the Southwest 1/4 of said Section 23 for a distance of 1319.42 feet; thence North 89° 08' 53" West along the North line of said South 1/2 of Southwest 1/4 for a distance of 2638.67 feet; thence South 00° 16' 39" East along the West line of said South 1/2 of Southwest 1/4 for a distance of 1292.56 feet to the Point of Beginning. Subject to: 1.) Road rights of way as recorded in Plat of Astor Farms, Section 1, Plat Book 6, Page 13, Public Records of Seminole County, Florida. 2.) 70 foot Florida Public Service Company right of way per Plat Book 6, Page 103, Public Records of Seminole County, Florida. 3.) 100 foot wide Florida Power and Light H-frame electric easement. (See Note No. 9) 4.) Easements of record. Containing: 2867 Acres, more or less. OWNER: NICHOLAS A. POPE, TRUSTEE 215 North Eola Drive Orlando, Florida 32801 LIENHOLDERS: FIRST AMERICAN BANK AND TRUST, TRUSTEE 140 North County Road Palm Beach, Florida 33480 FREEDOM SAVINGS AND LOAN ASSOCIATION 750 South Orlando Avenue Winter Park, Florida 32790 Commissioner Farr moved to authorize the City Attorney to proceed with the order of quick taking and acquire the property as soon as possible. Seconded by Commissioner Mercer and carried. The City Attorney reported that while the city was negotiating for the land the information was confidential pursuant to Florida Statutes but that it could now be released. Commissioner Mercer moved to release the information for public record. Seconded by Commissioner Farr and carried. There being no further business, the meeting was adjourned. ATTEST: A Y O R FORM 4 · MEMORANDUM OF VOTING CONFLICT LAST NAME--FIR~ST NAME--MIDDLE NAME Smith, Bettye D. MAILING ADDRESS t93 Country Place CITY COUNTY Sanford, Florida Seminole -~ ON WHICH VOTE OCCURRED ~-~oVember 11, 1985 NAME OF ~OARD. COUNClU COMMISSION. AU~HOmTY. OR coMMirr~E City Co~ission THE BOARD, COUNCIL,COMMISSION, AUTHORITY, OR COMMITTEE ON WHICH ! SERVE IS A UNIT OF: CITY D COUNTY D OTHER LOCAL AGENCY D STATE NAME OF POLmCAL SUBDIVISION OR STATE AGENCY City of Sanford WHO MUST FILE FORM 4 This form is for usc by any persOnlscrvi~g on either an aPPointed or elected board, council, commission, authority, or committee, whether state or local, and it applies equally to members of advisory'snd non-advisory bodies who are faced with a voting conflict of interest. As thc voting conflict requirements for public officers at thc local level differ from thc requirements for state officers, this form is divided into two parts: PART A is for usc by persons serving on local boards (municipal, county, special tax districts, etc.), while PART B is prescribed for all other boards, i.e., those at the state level. PART C of thc form contains instructions as to when and where this form must be filed. PART A VOTING CONFLICT DISCLOSURE FOR LOCAL PUBLIC OFFICERS [Required by Section ! 12.3143(3), Florida Statutes (Supp. 1984).] Thc Code of Ethics for Public Officers and Employees PROHIBITS each municipal, county, and other iocalpublic officer FROM VOTING in an official capacity upon any measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting in his official capacity upon any measure which inures to the special gain of any principal (other than a government agency as defined in Section 112.312(2), Florida Statutes) by whom he is retained. In any such case a local public officer must disclose the conflict: ~ (a) (b) PRIOR TO TH E VOTE BEING TAKEN by publicly stating to the assembly the nature of his interest in the matter on which he is abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by describing the nature of his interest as a public record in this part below. NOTE: Commissioners of a Community Redevelopment Agency created Or designated pursuant to Section 163.356 or Section 163.357, Florida Statutes (Supp. 1984), or officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting. In such cases, however, the oral and written disclosure of thi'spart must be made. l, the undersigned local public officer, hereby disclosc that on November 11, ,19 85 : (a) I abstained from voting on a matter which (check one): ~ x inured to my special pdvate gain; or inured my son's private gain inured to thc special gain of , , by whom I am retained. CE FORM 4 - REV: 10.-84 PAGE (b) Thc measure on which I abstained and thc nature of my interest in the measure is as follows: My son is the party requestin~ the lease. Date Filed Signature Please see PART C for instructions on when and where to file this form, PART B VOTING CONFLICT DISCLOSURE FOR STATE OFFICERS [Required by Section 112.3143(2), Florida Statutes (Sump. ?1984).] Each state public officer is permitted to vote in his official capacity on any matter. However, any state officer who votes in his official capacity upon any measure which inures to his special private gain or the special gain of any principal by whom he is retained is required to disclose the nature of his interest as a public record in Part B below within !$ days after the vote occurs. 1, the undersigned officer of a state agency, hereby disclose that on ,19 : (a) I voted on a matter which (check one): inured 'to my special private gain; or inured to the special gain of · by whom 1 am retained. (b) The measure on which I voted 'and the ~ature of my interest in the measure is as follows: Date Filed Signature Please see PART C below for instructions on when and where to f~e this form. PART C FILING INSTRUCTIONS This memorandum must be filed within fifteen (15) days following the meeting during which the voting conflict occurred with thc person responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the meeting minutes. This form need not be filed merely to indicate the absence of a voting conflict. NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES§ 112.317(1~3). A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND I.~AY aE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT. REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION. REDUCTION IN SALARY. REPRIMAND. OR A CiViL PENALTY NOT TO EXCEED $$.000. CE FORM 4 - REV. 10-84 PAGE 2