Loading...
120985-Regular SessionMINUTES City Commission, Sanford, Florida 255 December 9, 19 85 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 December 9, 1985. Present: Mayor-Commissioner Bettye D. Smith Commissioner John Y. Mercer Commissioner Milton E. Smith Commissioner David T. Farr Commissioner Bob Thomas City Attorney William L. Colbert City Manager Frank A. Faison City Clerk H. N. Tamm, Jr. The meeting was called to order by the Chairman. A Public Hearing was held in accordance with Notice published in the Evening Herald on November 22, 1985, as follows: NOTICE OF PROCEEDING FOR CLOSING, VACATING AND ABANDONING A ALLEY AND EASEMENT TO WHOM IT MAY CONCERN: You will take notice that the City Commission of the City of Sanford, Florida, at 7:00 o'clock P. M. on December 9, 1985, in the City Commission Room at the City Hall in the City of Sanford, Florida, will consider and determine whether or not the City will close, vacate and abandon any right of the City and the public in and to a alley and utility easement lying South of West First Street and between Mangoustine Avenue and Avocado Avenue, further described as follows: That certain East / West utility easement lying North of and abutting Lot 36 and between the West line of Lot 25 and the East line of Lot 18 extended Southerly, and That certain East / West alley lying between the East line of Lot 18 extended Southerly and the West Right-of- way line of Mangoustine Avenue, and That certain North / South alley described as all of Lot 18, All in Subdivision of Graceline Court, Plat Book 3, Page 99, Public Records of Seminole County, Florida. Persons interested may appear and be heard at the time and place specified. ADVICE TO THE PUBLIC: If a person decides to appeal a decision made with respect to any matter considered at the above meeting or hearing, he may need a verbatim record of the proceedings, including the testimony and evidence, which record is not provided by the City of Sanford. (FS 286.0105) City Commission of the City of Sanford, Florida By: H. N. Tamm, Jr. City Clerk Publish: November 22, 1985. The Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, the proposed alley and easement closing. The City Clerk reported Notices were sent to the property owners on November 20, 1985. Mrs. Beverly Hunt, 1215 West First Street, appeared to support the closing. On recommendation of the City Manager, Commissioner Smith moved to authorize the City Attorney to prepare the proper ordinance to close, vacate and abandon said alley and 256 MINUTES City Commission, Sanfotd, Florida December 9, 19 85 easement contingent upon the relocation to meet City specifications of the sanitary sewer line in said east-west alley. Seconded by Commissioner Farr and carried. Mr. Alvin Jones, Chairman of the Youth Advisory Committee, appeared to summarize the recommendations presented to the Commission at the December 2, 1985 Workshop Session which were as follows: The summary of the recommendations cover the need for an Aquatic facility, Gymnasium space, a network of Community Centers for leisure time programs, a Senior Center built with Grant monies, all for the purpose of providing coverage of all age groups. To further assist it was recommended that a "clearinghouse" agency meet twice a year to compare notes and prevent duplication of services. Last, but very important, a recreation volunteer screening mechanism and use of community professionals and experts in youth training. Commissioner Smith moved to accept the report in concept. Seconded by Commissioner Thomas and carried. Commissioner Mercer moved to approve the request of Dr. Londono to erect a two- strand barbed wire fence along Cornwall Road south of Sanora Subdivision. Seconded by Commissioner Farr and carried. Commissioner Farr moved to adopt the Interim Map - Land Use Plan and authorize same to be sent to the County for their comments. Seconded by Commissioner Smith and carried. The Commission considered a request from the Central Baptist Church to close Oak Avenue between 13th Street and 14th Street on December 21, 22 and 23, 1985 from 6:00 P.M. to 8:30 P.M. to permit their presentation of a Live Nativity Christmas Program. Commissioner Thomas moved to approve same. Seconded by Commissioner Mercer and carried. Mr. Alan Cooper, 133 Hidden Lake Drive, appeared to report hazardous driving conditions in Hidden Lake Subdivision. Mr. Copper recommended four-way stop signs at intersections, "No Parking" signs, double yellow lines along the main thoroughfare, white lines 12 feet from center of streets and possible sidewalks. Commissioner Farr moved to direct Staff to investigate and take care of the traffic problems in Hidden Lake Subdivision. Seconded by Commissioner Smith and carried. Petition for annexation was submitted from James A. and Louise Gray and Ollie J. and Patricia G. Rives, for a portion of that property lying between Palmetto Avenue and Sanford Avenue and between East 27th Street and East 26th Street, described as follows: Lots 99, 101, 103, 105, 107, and 109, FRANK L. WOODRUFF'S SUBDIVISOIN, according to the Plat thereof as recorded in Plat Book 3, Page 44, of the Public Records of Seminole County, Florida. Commissioner Farr moved to deny said request until such time as additional property owners join in the annexation request thereby making the annexation financially feasible. Seconded by Commissioner Thomas and carried. The Commission next considered an escrow agreement and resolution for refunding issues. The City Attorney explained that the Bond Issue validated and appeal expired this same day and all was not fully insurable now. The City Attorney ~ecommended a resolution to defease, or pay off, the outstanding bonds and the escrow agreement prepared by the Bond MINUTE S 2 5 7 City Commission, Sanford, Florida December 9, Counsel. On motion of Commissioner Mercer, seconded by Commissioner Smith and carried, Resolution No. 1431 was adopted by the Commission. Said Resolution being in words and figures as follows: RESOLUTION NO. 1431 A RESOLUTION OF THE CITY OF SANFORD, FLORIDA, APPROVING AN ESCROW DEPOSIT AGREEMENT FOR THE PURPOSE OF DEFEASING AND DISCHARING THE LIEN ON CERTAIN REVENUES OF THE CITY WITH RESPECT TO THE PRIOR ISSUANCE OF ITS WATER AND SEWER REVENUE CERTIFICATES, WITH RESPECT TO THE ISSUANCE OF ITS OUTSTANDING WATER AND SEWER REVENUE CERTIFICATES AND ITS OUTSTANDING PUBLIC IMPROVEMENT REVENUE BONDS; AUTHORIZING THE TRANSFER OF SUFFICIENT FUNDS TO SET ESCROW FOR SUCH PURPOSE FROM THE CITY'S WATER AND SEWER SINKING FUND, WATER AND SEWER OPERATING FUND AND REVENUE CERTIFICATE SINKING FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. WHEREAS, the City has previously issued its $1,325,000.00 Water and Sewer Revenue Certificates Series 1971, currently outstanding in the aggregate principal amount of $805,000.00, and its $800,000.00 Water and Sewer Revenue Certificates dated May 1, 1964, currently outstanding in the aggregate principal amount of $230,000.00; and WHEREAS, the City has previously issued its $1,000,000.00 Public Improvements Revenue Bonds dated September 1, 1965, currently outstanding in the amount of $225,000.00, and its $700,000.00 Public Improvements Revenue Bonds dated September 1, 1971, currently outstanding in the aggregate principal amount of $325,000.00; and WHEREAS, the outstanding Water and Sewer Revenue Certificates and the outstanding Public Improvements Revenue Bonds are collectively referred to herein as the "Refunded Bonds"; and WHEREAS, it is hereby determined to be in the best public interest of the City to defease and discharge the liens of the bondholders on the revenues of the Water and Sewer system and defease and discharge the lien of the bondholders on the Public Service taxes. NOW, THEREFORE, BE IT RESOLVED BY THE PEOPLE OF THE CITY OF SANFORD, FLORIDA: SECTION 1: AUTHORITY FOR THIS RESOLUTION. This Resolution is adopted pursuant to Chapter 166, Florida Statues and other applicable provisions of law. SECTION 2: AUTHORIZATION FOR REPAYMENT OF THE REFUNDED BONDS. It is hereby authorized that repayment of the refunded bonds by made in the manner provided herein. SECTION 3: AUTHORIZATION OF THE ESCROW DEPOSIT AGREEMENT. The Escrow Deposit Agreement substantially in the form attached hereto as Exhibit "A" is hereby approved and the Mayor is hereby authorized 19 85 258 MINUTES City Commission, Sanford, Florida December 9, 19 85 to execute said Escrow Agreement and the Clerk is hereby authorized to attest such signature with such modifications, changes and amendments including but not limited to monetary amounts deemed necessary by such officers acting on the advice of Counsel, the execution of such documents being conclusive evidence of such approval. SECTION 4: TRANSFER OF FUNDS TO ESCROW. It is hereby authorized to be transferred from the Water and Sewer Sinking Fund $464,000.00 and from the Water and Sewer Operating Fund $399,286.00, from the Public Improvement Revenues Sinking Fund $464,546.00, or such greater or lesser amounts as may be necessary to defease the "Refunded Bonds" and pay all costs and expenses associated therewith, to be deposited with the escrow holder under the EsCrow Deposit Agreement, and shall be used in the manner provided in the Escrow Deposit Agreement to repay the refunded bonds by investment of such funds in appropriate federal obligations so as to produce sufficient funds to make all the payments described in such Escrow Deposit Agreement. At the time of execution of such Escrow Deposit Agreement, the City shall furnish to the Escrow Agent named therein, appropriate documentation to demonstrate that the sum being deposited and the investment to be made will be sufficient for such purpose. SECTION 5: SEVERABILITY. If one or more of the covenants, agreements and provisions of this Resolution should be held contrary to any express provisions of law or contrary to the policy of express law, though not expressly prohibited, or against public policy or shall for any reason whatsoever be held invalid, if such covenant, agreement, or provision shall be null and void and shall be deemed separate from the remaining covenants, agreements or provisions of this Resolution. SECTION 6: Resolutions of the INCONSISTENT RESOLUTION. City inconsistent with the Resolution are hereby modified, supplimented, with the provisions herein contained. SECTION 7: EFFECTIVE DATE. The provisions of Resolution shall take effect immediately upon its passage. PASSED AND ADOPTED this 9th day of December, A.D. 1985. Ail prior provisions of this and amended to conform this ESCROW DEPOSIT AGREEMENT THIS ESCROW DEPOSIT AGREEMENT, dated as of December 23, 1985, by and between the CITY OF SANFORD, FLORIDA (the "Issuer") and The Citizens and Southern National Bank, a banking corporation organized under this laws of the United States of America, as Escrow Holder (the "Escrow Holder"); W I T N E S S ET H: WHEREAS, the Issuer has previously authorized and issued obligations set forth on Schedule A, hereinafter defined as the MINUTES 2 5 9 City Commission, Sanford, Florida _ December 9, "Refunded Bonds," as to which the current Total Debt hereinafter defined) is set forth on Schedule A; and Service (as WHEREAS, the Issuer has determined to provide for payment of the current Total Debt Service of the Refunded Bonds by depositing with the Escrow Holder an amount with investment earnings thereon at least equal to such sum (the "Escrow Deposit Income"); and WHEREAS, in order to obtain the funds needed for such purpose, the Issuer has authorized and is, currently with the delivery of this Agreement, transferring certain funds of the City to the Escrow Holder more fully described in the Resolution; and WHEREAS, the execution of this Escrow Deposit Agreement and full performance of the provisions hereof shall defease and discharge the Issuer from certain of the aforestated obligations; NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the Issuer and the Escrow Holder agree as follows: SECTION 1. mean: Definitions. As used herein, the following terms (a) "Agreement" means this Escrow Deposit Agreement. (b) "Annual Debt Service" means as to the Refunded Bonds the principal, interest, paying agent fees and Redemption Premiums, if any, on the Refunded Bonds coming due in such year as shown on Schedule A attached hereto and hereby made a part hereof. (c) "Escrow Account" means the account hereby created and entitled Escrow Account established and held by the Escrow Holder pursuant to this Agreement, in which investments will be held for payment of the Refunded bonds. (d) Bank. "Escrow Holder" means The Citizens and Southern National (e) 'Escrow Requirement" means, as of any date of calculation, the sum of an amount in cash and principal amount of Obligations of the United States of America in the Escrow Account which together with the interest due on the Obligations of the United States of America will be sufficient to pay as the installments thereof become due the Total Debt Service on the Refunded Bonds and all expenses then unpaid. (f) "Expenses" means the expenses set forth on Schedule attached hereto and hereby made a part hereof. B (g) "Issuer" means the City of Sanford, Florida. (h) "Obligations of the United States of America" means direct obligations thereof or obligations of its several agencies which are unconditionally guaranteed by the United States of America. (i) "Refunded Bonds" means collectively the outstanding bonds of the following issues: (1) $1,325,000 Water and Sewer Revenue Certificates, Series 1971; (2) $800,000 Water and Sewer Revenue Certificates, May 1, 1964; dated (3) $1,000,000 Public Improvement Revenue Bonds, dated September 1, 1965; (4) $700,000 Public Improvement Revenue Bonds, dated September 1, 1971. (j) "Resolution" means Resolution No. 1423 adopted by the Issuer on October 7, 1985, as amended and supplemented from time to time, authorizing the issuance of the Bonds. (k) "Total Debt Service" means, as of any date, the sum of the Annual Debt Service then remaining unpaid with respect to the Refunded Bonds. SECTION 2. Deposit of Funds. The Issuer hereby deposits $1,343,069.88 with the Escrow Holder for deposit into the Escrow Account in immediately available funds, which funds the Escrow Holder acknowledges receipt of, to be held in irrevocable escrow by the Escrow Holder separate and apart from other funds of the Escrow Holder and applied solely as provided in this Agreement. The Issuer 19 8~5 2 6 0 MINUTE S City Commission, Sanford, Florida December 19 85 represents that: (a) Such funds are derived from the net proceeds of the Bonds and other legally available funds of the City. (b) Upon their investment pursuant to the Agreement, such funds are at least equal to the Escrow Requirement as of the date of such deposit. SECTION 3. Use and Investment of Funds. The Escrow Holder acknowledges receipt of the sum described in Section 2 and agrees: (a) to hold the funds in irrevocable escrow during the term of this Agreement; (b) to immediately invest $1,343,069.88 of such funds by the purchase of the Obligations of the United States of America set forth on Schedule C attached hereto; (c) to deposit, as received, all receipts of maturing principal of the Obligations of the United States of America and all receipts of interest in the Escrow Account; and (d) to reinvest upon receipt thereof, in Obligations of the United States of America, any maturing principal and interest of such Obligations of the United States of America required to be reinvested pursuant to Section 4(c) hereof. SECTION 4. ~ayment of Bonds. (a) Refunded Bonds. On each of the dates set forth on Schedule A, the Escrow Holder shall pay to the paying agents for the Refunded Bonds, from the cash on hand in the Escrow Account, an sum sufficient to pay that portion of the Annual Debt Service for the Refunded Bonds coming due on such date, as shown on Schedule A. (b) ~xpenses. The Escrow Holder shall pay the expenses due such date to the appropriate payee or payees designated on Schedule or designated by separate certificate of the Issuer. on (c) ~urplus. On each interest payment date for the Refunded Bonds, after making the payments from the Escrow Account described in Subsection 4(a), the Escrow Holder shall, pursuant to Section 3(d) above, reinvest any remaining cash in the Escrow Account until the termination of this Agreement, and shall then pay any remaining funds to the Debt Service Fund created in the Resolution. (d) Priority of Payments. The holders of the Refunded Bonds shall have and there is hereby granted to them an express first lien on the funds and Obligations of the United States of America in the Escrow Account until such funds and Obligations of the United States of American are used and applied as provided in this Agreement. If the cash on hand in the Escrow Account is ever insufficient to make the payments under Subsections 4(a) and (b), all of the payments required under Subsection 4(a) shall be made when due before any payments shall be made under Subsection 4(b). SECTION 5. Reinvestment. (a) Except as provided in Sections 3 and 4 and in this Section, the Escrow Holder shall have no power or duty to invest any funds held under this Agreement or to sell, transfer or otherwise dispose of or make substitutions of the Obligations of the United States of America held hereunder. (b) At the request of the Issuer and upon compliance with the conditions hereinafter stated, the Escrow Holder shall sell, transfer, otherwise dispose of or request the redemption of any of the Obligations of the United States of America acquired hereunder and shall either purchase Refunded Bonds or substitute other Obligations of the United States of America for such Obligations of the United States of America. The City will not request the Escrow Holder to exercise, and the Escrow Holder shall not exercise any of the powers described in the preceding sentence in any manner which, if such exercise had been reasonably expected on the date of issuance of the Bonds would have caused them to be ".arbitrage bonds" within the meaning of Section 103(c) of the Internal Revenue Code of 1954, as amended, and the regulations thereunder in effect on the date of such request and applicable to obligations issued on the issue date of the- Bonds. The transactions may be effected only if (i) an independent certified public accountant shall certify that the cash and principal amount of Obligations of the United States of America remaining on hand after the transactions are completed will be not less than the Escrow Requirement, and (ii) the Escrow Holder shall receive an MINUTES City Commission, Sanford, Florida December 9, unqualified opinion from a nationally recognized bond counsel to the effect that the transactions, if they had been reasonably expected on the issue date of the Bonds would not have caused such Bonds to be "arbitrage bonds" within the meaning of Section 103(c) of the Internal Revenue Code of 1954, as amended, and the regulations thereunder in effect on the date of the transactions and applicable to obligations issued on such date. SECTION 6. No Redemption or Acceleration of Maturity. Except as set forth in Section 5 above, the Issuer will not accelerate the maturity of, or exercise any option to redeem before maturity, any Refunded Bonds, except for the redemption reflected in Schedule A attached hereto. SECTION 7. ~ndemni~y. The Issuer hereby assumes liability for, and hereby agrees (whether or not any of the transactions contemplated hereby are consummated) to indemnify, protect, save and keep harmless the Escrow Holder and its respective successors, assigns, agents and servants, from and against any and all liabilities, obligations, losses, damages, penalties, claims, actions, suits, costs, expenses and disbursements (including legal fees and disbursements) of whatsoever kind and nature which may be imposed on, incurred by, or asserted against at any time, the Escrow Holder (whether or not also indemnified against the same by the Issuer or any other person under any other agreement or instrument) and in any way relating to or arising out of the execution and delivery of this Agreement, the establishment of the Escrow Account, established hereunder, the acceptance of the funds and securities deposited therein, the purchase of the Obligations of the United States of America, the retention of the Obligations of the United States of America or the proceeds thereof and any payment, transfer or other application of funds or securities by the Escrow Holder in accordance with the provisions of this Agreement; provided, however, that theIssuer shall not be required to indemnify the Escrow Holder against its own negligence or misconduct. In no event shall the Issuer be liable to any person by reason of the transactions contemplated hereby other than to the Escrow Holder as set forth in this Section. The indemnities contained in this Section shall survive the termination of this Agreement. SECTION 8. Responsibilities of Escrow Holder. The Escrow Holder and its respective successors, assigns, agents and servants shall not be held to any personal liability whatsoever, in tort, contract, or otherwise, in connection with the execution and delivery of this Agreement, the establishment of the Escrow Account, the acceptance of the funds deposited therein, the purchase of the Obligations of the United States of America, the retention of the Obligations of the United States of America or the proceeds thereof or any payment, transfer or other application of moneys or securities by the Escrow Holder in accordance with the provisions of this Agreement or by reason of any non-negligent act, omission or error of the Escrow Holder made in good faith in the conduct of its duties. The Escrow Holder shall, however, be responsible for its negligent or willful failure to comply with its duties required hereunder, and its negligent or willful acts, omissions or errors hereunder. The duties and obligations of the Escrow Holder may be determined by the express provisions of this Agreement. The Escrow Holder may consult with counsel, who may or may not be counsel to the Issuer, and in reliance upon the opinion of such counsel shall have full and complete authorization and protection in respect of any action taken, suffered or omitted by it in good faith in accordance therewith. Whenever the Escrow Holder shall deem it necessary or desirable that a matter be proved or established prior to taking, suffering or omitting any action under this Agreement, such matter may be deemed to be conclusively established by a certificate signed by an authorized officer of the Issuer. SECTION 9. Resignation of Escrow Holder. The Escrow Holder may resign and thereby become discharged from the duties and obligations hereby created, by notice in writing given to the Issuer and published once in a newspaper of general circulation or a financial journal in the territorial limits of the Issuer, and in a daily newspaper of general circulation in the City of New York, New York, not less than sixty (60) days before such resignation shall take effect. Such resignation shall take effect immediately upon the appointment of a new Escrow Holder hereunder, if such new Escrow Holder shall be appointed before the time limited by such notice and shall then accept the duties and obligations thereof. SECTION 10. Removal of Escrow Holder. (a) The Escrow Holder may be removed at any time by an instrument or concurrent instruments in writing, executed by the holders of not less that fifty-one percent (51%) in aggregate 261 19 85 262 MINUTES City Commission, Sanford, Florida December 9, 19 85 principal amount of the Refunded Bonds then outstanding, such instruments to be filed with the Issuer, and notice in writing given by such holders to the original purchaser or purchasers of the Bonds and published once in a newspaper of general circulation in the territorial limits of the Issuer, and in a daily newspaper or financial journal of general circulation in the City of New York, New York, not less than sixty (60) days before such removal is to take effect as stated in said instrument or instruments. A photographic copy of any instrument filed with the Issuer under the provisions of this paragraph shall be delivered by the Issuer to the Escrow Holder. (b) The Escrow Holder may also be removed at any time for any breach of trust or for acting or proceeding in violation of, or for failing to act or proceed in accordance with, any provisions of this Agreement with respect to the duties and obligations of the Escrow Holder by any court of competent jurisdiction upon the application of the County or the holders of not less than five percent (5%) in aggregate principal amount of the Refunded Bonds then outstanding. SECTION 11. Successor Escrow Holder. '(a) If at any time hereafter the Escrow Holder shall resign, be removed, be dissolved or otherwise become incapable of acting, or shall be taken over by any governmental officical, agency, department or board, the position of Escrow Holder shall thereupon become vacant. If the position of Escrow Holder shall become vacant for any of the foregoing reasons or for any other reason, the Issuer shall, but only with the written approval of the original purchaser of the Refunded Bonds, or the corporate successor or successors of the original purchasers, which approval shall not be unreasonably withheld, appoint an Escrow Holder to fill such vacancy. The Issuer shall jointly publish notice of any such appointment made by them once in each week for four (4) successive weeks in a newspaper of general circulation published in the territorial limits of the Issuer and in a daily newspaper or financial journal of general circulation in the City of New York, New York, and, before the second publication of such notice shall mail a copy thereof to the original purchaser or purchasers of the bonds. (b) At any time within one year after such vacancy shall have occurred, the holders of a majority in principal amount of the Refunded Bonds then outstanding, by an instrument or concurrent instruments in writing, executed by either group of such bondholders and filed with the governing body of the Issuer, may appoint a successor Escrow Holder, which shall supersede any Escrow Holder theretofore appointed by the Issuer. Photographic copies of each such instrument shall be delivered promptly by the Issuer, to the predecessor Escrow Holder and to the Escrow Holder so appointed by the Bondholders. In the case of conflicting appointments made by the two groups of bondholders under this paragraph, the first effective appointment made during the one year period shall govern. (c) If no appointment of a successor Escrow Holder shall be made pursuant to the foregoing provisions of this Section, the holder of any Refunded Bonds then outstanding, or any retiring Escrow Holder may apply to any court or competent jurisdiction to appoint a successor Escrow Holder. Such court may thereupon, after such notice, if any, as such court may deem proper and prescribe, appoint a successor Escrow Holder. SECTION 12. Term. This Agreement shall commence upon its execution and delivery and shall terminate when the Refunded bonds and coupons, if any, applicable thereto have been paid and discharged in accordance with the proceedings authorizing the Refunded Bonds. SECTION 13. Severability. If any one or more of the covenants or agreements provided in this Agreement on the part of the Issuer or the Escrow Holder to be performed should be determined by a court of competent jurisdiction to be contrary to law, such covenant or agreements herein contained and shall in no way affect the validity of the remaining provisions of this Agreement. SECTION 14. Counterparts. This Agreement may be executed in several counterparts, all or any of which shall be regarded for all purposes as one original and shall constitute and be but one and the same instrument. SECTION 15. ~overnin~ Law. This Agreement shall be construed under the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers and their corporate seals to be hereunto affixed and attested as of the date first above written. MINUTES City Commission, Sanford, Florida December 9, 263 19 85 follows: Commissioner Fart moved to approve Salary Reclassification for one employee, as Bill Raines Public Works Dept., Street Div., from Maintenance Worker I D to E Seconded by Commissioner Smith and carried. $13,306.37 On motion of Commissioner Smith, seconded by Commissioner Thomas and carried, the first reading of Ordinance No. 1793 was tabled. On motion of Commissioner Farr, seconded by Commissioner Thomas and carried, Ordinance No. 1794, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, GRANTING TO FLORIDA POWER CORPORATION, ITS LEGAL REPRESENTATIVES, SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE, AND IMPOSING CERTAIN CONDITIONS RELATING THERETO; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. was introduced and tabled for first reading. A public hearing was held in accordance with Notice published in the Evening Herald on November 14, 21, 28 and December 5, 1985, 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 in the Commission Room at the City Hall in the City of Sanford, Florida, at 7:00 o'clock P. M. on December 9, 1985, to consider the adoption of an ordinance by the City of Sanford, Florida, as follows: ORDINANCE NO. 1789 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO ANNEX WITHIN THE CORPORATE AREA OF THE CITY OF SANFORD, FLORIDA, UPON ADOPTION OF SAID ORDINANCE, A PORTION OF THE PROPERTY LYING BETWEEN JEWETT LANE AND SEABOARD COASTLINE RAILROAD RIGHT-OF-WAY AND BETWEEN UPSALA ROAD AND OLD MONROE ROAD; SAID PROPERTY BEING SITUATED IN SEMINOLE COUNTY, FLORIDA, IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. WHEREAS, there has been filed with the City Clerk of the City of Sanford, Florida, a petition containing the names of the property owners in the area described hereinafter requesting annexation to the corporate area of the City of Sanford, Florida, and requesting to be included therein; and WHEREAS, the Property Appraiser of Seminole County, Florida, having certified that there is one property owner in the area to be annexed and that said property owner has signed the Petition for Annexation; and WHEREAS, it has been determined that the property described hereinafter is reasonably compact and contiguous to the corporate areas of the City of Sanford, Florida, and it has further been determined that the annexation of said property will not result in the creation of any enclave; and 264 MINUTES City Commission, Sanford, Florida December 9, 19 85 WHEREAS, the City of Sanford, Florida, is in a position to provide municipal services to the property described herein, and that the City Commissioners of the City of Sanford, Florida, deems it in the best interest of the City to accept said petition and to annex said property. NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF SANFORD, FLORIDA; SECTION 1: The the property described below situated in Seminole County, Florida, be and the same is hereby annexed to and made a part of the City of Sanford, Florida, pursuant to the voluntary annexation provisions of Section 171.044, Florida Statutes: S 1/2 of Lot 45 and all Lot 52, SMITH'S THIRD SUBDIVISION, according to the plat thereof as recorded in Plat Book 1, Page 86, of the Public Records of Seminole County, Florida. SECTION 2: That upon this ordinance becoming effective, the property owners and any resident on the property described herein shall be entitled to all the rights and privileges and immunities as are from time to time granted to residents and property owners of the City of Sanford, Florida, as further provided in Chapter 171, Florida Statutes, and shall further be subject to the responsibilities of residence or ownership as may from time to time be determined by the governing authority of the City of Sanford, Florida, and the provisions of said Chapter 171, Florida Statutes. SECTION 3: If any section or portion of a section of this ordinance proves to be invalid, unlawful or unconstitutional, it shall not be held to impair the validity, force or effect of any other section or part of this ordinance. SECTION 4: That all ordinances or parts of ordinances in conflict herewith be and the same are hereby revoked. SECTION 5: That this ordinance shall become effective immediately upon its passage and adoption. A copy shall be available at the Office of the City Clerk for all persons desiring to examine the same. All 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. ADVICE TO THE PUBLIC: If a person decides to appeal a decision made with respect to any matter considered at the above meeting or hearing, he may need a verbatim record of the proceedings, including the testimony and evidence, which record is not provided by the City of Sanford. (FS 286.0105) H. N. Tatum, Jr. City Clerk MINUTES City Commission, Sanford, Florida December 9, 265 1985 Publish: November 14, 21, 28, and December 5, 1985. introduced and placed on first reading at meeting of November 11, 1985, 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 ordinance. No one appeared. Commissioner Farr moved to approve the passage and adoption of Ordinance No. 1789. Seconded by Commissioner Thomas and carried. Thereupon, the Chairman announced that the City Commission of the City of Sanford, Florida, has passed and adopted said Ordinance No. 1789, entitled~ AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO ANNEX WITHIN THE CORPORATE AREA OF THE CITY OF SANFORD, FLORIDA, UPON ADOPTION OF SAID ORDINANCE, A PORTION OF THE PROPERTY LYING BETWEEN JEWETT LANE AND SEABOARD COASTLINE RAILROAD RIGHT-OF-WAY AND BETWEEN UPSALA ROAD AND OLD MONROE ROAD; SAID PROPERTY BEING SITUATED IN SEMINOLE COUNTY, FLORIDA, IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION .~ 171.044, · FLORIDA STATUTES; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. On motion of Commissioner Smith, seconded by Commissioner Thomas and carried, Minutes of November 8, 11, 18, 21, 25 and December 2, 1985 were approved. On motion of Commissioner Farr, seconded by Commissioner Smith and carried, Vouchers for the Month of November, 1985 were approved, as follows: VOUCHERS FOR THE MONTH OF NOVEMBER, 1985 General Fund, Sun Bank, N.A., Voucher No. 149 thru 156. Refuse Collection & Disposal Fund, Sun Bank, N.A., Voucher NO' 094 thr6 100. Water and Sewer Revenue Fund, Sun Bank, N.A., Voucher No. 1'08 thru 113. Policemen's Pension Fund, Sun Bank, N.A., Voucher No. 649. Firemen's Relief and Pension Fund, Sun Bank, N.A., Voucher No. 467. Central Paying Account, Sun Bank, N.A., Voucher No. 6395 thru 6920. Utility Trust Fund, Sun Bank, N.A., Voucher No. 182 thru 185. The Planning and Zoning Commission submitted recommendations of meeting dated December 5, 1985, as follows: MEMORANDUM DATE: TO: FROM: SUBJECT: December 6, 1985 City Clerk Zoning InspectOr Planning and Zoning Meeting - December 5, 1985 RECOMMENDATIONS Recommend the denial of the request to rezone from MR-1 to GC-2 zone, property located at 1310 S. Myrtle Avenue for the purpose of converting the building to the corporate headquarter offices of Rich United Corporation. Owner: Joyce Nicholson The Commission acknowledged receipt of same. Requests submitted for exempt licenses as follows: Sanford-Seminole Jaycees, to hold a circus at the Sanford Village Flea Market on December 13th thru 15th, 1985. 266 MINUTES City Commission, Sanford, Florida December 9, 19 85 Campbell-Lossing American Legion Post ~53, to hold a carnival at the American Legion Fairground, 3506 Orlando Drive, on December 10th thru 16th, 1985. carried. Commissioner Farr moved to approve same. Seconded by Commissioner Mercer and The Chairman announced a Special Meeting to be held in the City Commission Chambers on December 16, 1985 at 5:30 o'clock P. M. The Commission requested the Planning and Zoning Commission to review the different parking lot requirements regarding asphalt or concrete, allowing mulch in some areas and reconsider the number of spaces required in some shoping centers. Commissioner Mercer moved to approve a request from the Downtown Business Association to purchase, erect and maintain iron plant holders for the light posts in Magnolia Mall and on First Street, a total on nine posts. Seconded by Commissioner Farr and carried. There being no further business, the meeting was adjourned. ATTEST: ~MA Y O R