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