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
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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
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City Commission, Sanford, Florida
December 9,
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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
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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
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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
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City Commission, Sanford, Florida
December 9,
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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.
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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