103050-Regular Session152 MINUTES
FlnriM~ 30 October at 8:00 P.M. 50
City Commission, Sanford, _ ...... , 19
The City Commission of the City of Sanford, Florida, met in adjourned regular session
at the City Hall in the City of Sanford, Florida, at 8:00 o'clock P. M. October 30, 1950:
Present:
Commissioner Andrew Carraway, Mayor
" Randall Chase
F.A. Dyson
" John Krider
" W.H. Stemper
City Attorney A. Edwin Shinholser
City Manager Clifford McKibbin, Jr.,
City Clerk H. N. Bayer
Meeting called to order by the Chairman.
On motion of Commissioner Dyson, seconded by Commissioner Krider and carried, minutes
of regular meeting of October 9, next aporoved.
Commissioner Stemper next introduced Resolution No. 785, and after being read in full,
moved its passage and adoption.
Seconded by Commissioner Krider and carried by the following vote of the Commission:
Commissioner Carraway Aye
" Chase Aye
" Dyson Aye
" Krider Aye
" Stemper Aye
said Resolution No. 785 being in words and figures as follows:
Resolution No. 785.
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF SANFORD, FLORIDA, IN RECOGNITION
OF THE SERVICES OF EDWARD HIGGINB, EXPRESS-
ING REGRET AT HIS PASSING, AND EXTENDING
SYMPATHY TO HIS FAMILY.
WHEREAS, EDWARD HIGGINS was a resident of Sanford and Seminole County for more than
forty years prior to his death October 22, 1950, and during those years he initiated many,
and was a staunch supporter of all, moves for progress of the City, and
WHEREAS during the years between 1937 and 19~5 EDWARD HIGGINS actively participated in
the government of the City in the capacity of City Commissioner and, during six of such years,
as Mayor, rendering in such capacity unselfish and unst~nting service for promotion of the
welfare of the City, and
WHEREAS, the death of EDWARD HIGGINS constitutes a great loss to the people of the
City of Sanford and of Seminole County, and takes from them the energetic activity of one
whose interest was devoted to promotion of the best interests of this locality,
NOW, THEREFORE BE IT RESOLVED by the City Comr~ission of the City of Sanford, Florida,
that the City by and through its City Commission does hereby extend its condolences to the
family of EDWARD HIGGINB, and also its sincere symoathy in their great bereavement.
BE IT FURTHER RESOLVED that this Resolution be spread on the minutes of the City
Commission, and that copy thereof be sent to the family of EDWARD HIGGINS and to the local
newspapers.
PASSED AND ADOPTED this 30th day of October, 1950.
Andrew Carraway, Mayor
John Krider
(SEAL)
Randall Chase
F. A. Dyson
W. H. Stemper
As the City Commission of the --
Attest: H. N. Bayer, City of Sanford, Florida.
Clerk
MINUTES
City Commission, Sanford, · ~0 October at 8:00 P.M. 51
Florida, .................................................................... 19
Mr. Porter Lansing who was recently elected Preeldent of Florid~ Wildlife Federation,
next appeared before the Board and advised that the organization would move its headquarters
to Sanford during his term of office, and stated that any assistance from the City toward
furnishing them an office would be appreciated.
Matter taken under consideration.
J.W. Knowles, colored, next appeared with further reference to the property purchased
by Colored Welfare League for sum of $750.00 and conveyed to the City for colored recreation
purposes, which was recently sold by the City to Sanford Housing Authority for the low-rent
housing project site. He advised of loaning the League the sum of $125.00 to apoly toward
purchase of said prooerty, which he borrowed from Florida State Bank by giving his personal
note and paying interest thereon in sum of $16.25, which he had paid. He then requested the
City to re-imburse him for the amount of loan to the League plus the amount of interest he
had to pay the bank.
Thereupon after careful consideration, Commissioner Chasm moved that the City pay J. W.
Knowles the principal amount of loan to Colored Welfare League in sum of $125.00.
Seconded by Commissioner Krider and carried.
Commissioner Stemper next introduced the following Resolution and after being read in
full, moved its oassage and adoption.
Seconded by Commissioner Chase.
Said Resolution being in words and figures as follows:
RESOLUTION
RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF SANFORE, FLORIDA SUSPENDING FOR THE TI~
--- BEING CONSTRUCTION OF WAP~MEMORIAL STADIUM.
WHEREAS, the City of Sanford, Florida, has undertaken to construct s stadium in
memory of those who participated in the late World Wars, and,
WHEREAS, since the decision to construct War Memorial Stadium there has been a change
in economic conditions and our country is engaged in an extensive war defense program, which
has required the establishment of an agency known as National Production Authority for the
purpose of controlling the use of materials essential in said war defense program and said
Authority is allocating at this time essential materials for use in said defense program
and has banned construc%ion for amusement purposes including recreation and materials that
--- will be used in the construction of said stadium are critical materials necessary for the
National Defense Program and such materials have greatly increased in orice and in the opinion
of the City Commission of the City of Sanford, Florida, it would be unwise economically and
unpatriotic st this time to continue the construction of said stadium:
NOW THE?EFORE BE IT RESOLVED by the City Commission of the City of Sanford, Florida,
that work on the construction of said War Memorial Stadium in the City of Sanford, Florida,
be suspended u~tll the National Production Authority releases critical materials for that
purpose.
Passed and Adopted this
Day of October, 1950.
MAYOR
As the City Commission of San-
" /54 MINUTES
City Commission, Sanford, Florida, 30 °¢.~.0ber 8:00 ?.M. ..19 51
The Chairman then asked the City Attorney for an opinion as to what effect said Resolu-
tion would have upon the City's contract with Jarco Corporation for constructing the Stadium,
and he advised that if the City, of its own accord, passed such a resolution and thereby breached
the contrect, it would be liable for suit by the contractor.
Thereupon after considerable discussion, the roll was called on the passage and adoption
of the resolution, and same was defeated by the fol]owi~ vote of the Commission:
Commissioner Carraway Naye
" Chase Aye
" Dyson Naye
" Krider Naye
" Stemper Aye
Commissioner Krider next moved that an immediate investigation be made as to the status
of the construction of the stadium by contacting the Na~onal Production Authority to determine
whether or not it comes within the freeze order on construction materials.
Seconded by Commissioner Stemper and carried.
Ordinance No. 478, entitled:
AN ORDINANCE AMENDING SUB-SECTION (f) OF SECTION 103.4
OF ORDINANCE NUMBER 465, OF THE CITY OF SANFOPJ), FLORIDA,
PASSED AND ADOPTED THE 13th DAY OF FEBRUARY, 1950, SAID OR-
DINANCE ESTABLISHING A BUILDING CODE FOR THE CITY OF SANFORD,
FLORIDA, SAID SUB-SECTION REI~TING TO COSTS INCURP~D BY THE
CITY IN DEMOLITION OR REPAIR OF UNSALE BUII~DINGS, AS DEFINED
IN SAID ORDINANCE, AND SAID AMENDMENT PROVIDING FOR THE MANNER
OF COLLECTION OF SUCH COSTS INCURRED BY THE CITY.
introduced and placed on its first reading at regular meeting of October 9, was next placed on
its final reading.
Thereuoon the roll was called for final passage and adoption of said Ordinance No. 478,
the vote being es follows:
Commissioner Carraway Aye
" Chase Aye
" Dyson Aye
" Krider Aye
" Stemper Nays
Thereupon the Chairman announced that the City Com~.~lssion hsd oassed and adopted said
Ordinance No. 478, entitled:
AN ORDI~ANCE AMENDING SUB-SECTION (f) OF SECTION 103.$
OF ORDINANCE NUMBER $65. OF THE CITY OF SANFORD, FLORIDA,
PASSED AND ADOPTED THE 13th DAY OF FEBRUARY, 1950, SAID
ORDINANCE ESTABLISHING A BUILDING CODE FOR THE CITY OF
SANFORD, FLORIDA, SAID SUB-SECTION REIATING TO COSTS IN-
CURRED BY THE CITY IN DEMOLITION OR REPAIR OF UNSAFE
BUILDINGS, AS DEFINED IN SAID ORDINANCE, AND SAID AMEND-
MENT PROVIDING FOR TH~ MANNER OF COLLECTION OF SUCH COSTB
INCURRED BY THE CITY.
Ordinance No. 479, entitled:
AN ORDINANCE REQUIRING ALI, REGISTERED VOTERS OF THE CITY
OF SANFORD, FLORIDA, TO i{E-REGISTER BETWEEN NOVEMBER 15,
1950, AND DECEMBER 30, 1950,PRESCRIBING THE QUALIFI~ATIONS
OF SUCH VOTERS FOR RE-REGISTRATION, PROVIDING FOR NOTICE
OF THE RE-I~GISTRATION HEREBY REQUIRED AND FURTHER PROVI-
DING THE MANNER IN WHICH SUCH RE-REGISTRATION SHALL BE
CONDUCTED.
introduced and placed on its first reading at regular meeting of October 9, was nezt placed
on
its final reading.
Thereuoon the roll was called
for final passage and adoption of
said Ordinance No. ~79
the vote being as follows:'
Com~issloner Carraway Aye
" Chase Aye
" Krlder Aye
" Dyson Aye
" Stemper Aye
Thereupon the Chairman announced that the City Commission of the City of Sanford, Florida,
, MINUTES
City Commission, Sanford, Florida,_._~.~....P.~.~.~.~....~..'-..~.9._,~.~.I~.~ .......... 19 51
.__ H-40~5~
AN ORDINANCE REQUIRING ALL REGISTERED VOTERS OF THE CITY
OF SANFORD, FI,ORIDA, TO RE-REGISTER BETWEEN NOVEMBER 15,
1950, AI~ DECEMBER 30, 1950, PRESCRIBING THE QUALIFICATIONS
OF SUCH VOTERS F0R RE-REGISTraTION, PROVIDIMG FOR NOTICE OF
THE ~E-REGISTRATION HEREBY REQUI~ED AND FURT}~ER PROVIDING
THE M~_NNER IN WHICH SUCH RE-P~EGISTRATION SHALL BE CONDUCTED.
The following bid next submitted for paving Orange Avenue 25 feet in width with mixed-in
place asphalt and concrete curb and gutter between 24th and 25th Streets, of which the City
agreed to pay ~2,000.00 of the cost and balance to be paid by Sunshine Homes, Inc.,:
Hubbard Construction Comoany, Orlando
$7,897.00
Thereupon in view of no other bids having been submitted, Commissioner Stamper moved
that the contract be awarded to Hubbard Construction Company for sum of $?,897.00,
City pay $2,000.00 toward the cost.
and that
the
Seconded by Commissioner Chase and carried.
On motion of Commissioner Krider, seconded by Commissioner Stamper and carrieS, the
City Manager was next authorized to advertise for bids for furnishing two pumps for the
water plant of the following specifications: Single stage split-case bronze-fitted 6"
centrifugal pumps to deliver 1500 gallons per minute against 1~0 foot total dynamic head,
operating at 1350 RPM, using not in excess of 75 HP. Operating head to be within the range of
110 to 1~5 ft. TDH and nearly constant delivery desired thru said range.
On motion of Commissioner Chase, seconded by Comr~issioner Krider and carried, the Cpm-
mission next adopted the following policy for "Leaves of Absence" of employees.
VACATIONS:
Annual vacation leave of two-weeks shall be granted to the following employees:
Fire Department, Airport Utility Men, and Watcb0nen, Water Plant Operat&rs and Distribution
Department Employees, and Library Personnel, City Shop Personnel, Heads of all Departments.
The above classifications shell not be entitled to pay for overtime work, (Truck ~rivers
and other like classifications are now paid for overtime work and are not intitled to va-
cations). To qualify for two-weeks vacation leave, an employee of the above classifications
shall have been a me~er of the Civil Service for the preceeding twelve months; within the
discretion of the Department Head, any employee of above classifications who has been a
member of the Civil Service for six months or more may be granted a one-week vacation leave.
All vacations leaves will be scheduled by the Department Head consistant with needs for op-
erating the Department. Vacation leaves shall not be Cumulative; leaves earned but not taken
may be paid for at the employees rate of compensation only when specifically authorized by
the City Commission.
SICK LEAVE:
Any regular employee who has been continuously employeed twelve months or more by
the City, shall annually be entitled to two weeks sick leave. Employees with ten years service
with the City shall be entitled annually to thre~ weeks sick leave; those with fifteen years
service shall be entitled annually to four weeks sick leave. Sick leave time shal~ be charged
by half-day periods, but shall not be cumulative beyond a twelve month period. Two or more
consecutive half-holidayperiods claimed as sick leave must be supported by certificate from
the City Physician. In absence of such supporting certificate, the leave shall be considered
as time off without pay.
HOLIDAYS:
For purpose of this ordinance the following days shall be considered as Holidays:
New Years Day, Fourth of July, Labor Day, Armistie Day, Thanksgiving, Christmas. All Em-
ployees not on essential watch shall be granted leave for the Holidays, or such alternate
days as shall be designated for institutions such as banks, if such holiday falls on Sunday.
Essential watches shall include: Policemen, Firemen, Airport Watchmen, Garbage Collectors,
and Emergency crews. Men on essential watch duty on holidays or holiday alternate days, shall
be entitled to an additional day of vacation leave for each holiday on duty if man is otherwise
entitled to vacation leave; otherwise men on holiday duty shall be entitled to a full day's
oay as overtime pay.
On recommendation of Chief of Police, and on motion of Com~issioner Dyson, seconded by
Commissioner Krider ~d carried, the Commission next nut prized the transfer of liquor bar and
package store license from Mrs. Allie Pavllck and Frances Pavlick McNeeee, to Mrs. Allie Pavlick.
Application next received from W. M. Mixon for permit to sell beer and wines to be con-
sumed off premises at 1700 W. 13th Street, and on motion duly carried, same was ap0roved.
Application next rscelvsd from Mrs. Evellne M. J. King for transfer to her of liquor
bar and package store license of James LaSage at 112 W. First Street, and on recommendation of
Chief of Police, and on motion of Commissioner Krider, seconded by Commissioner Dyson and
FLORIDA FASHIONS,
Florida, with its
WITNESSETH:
]_56 MINUTES
City Commission, Sanford, Florida, ~0 0cto~el~..8 P.M. 19 51
Purst~ant to recommend~tions of the Plumbing Inspector and all local plumbers, and on
motion duly carried, the Commission next authorized an ordinance to be prepared amending the
Plumbing Code so as to permit 3" vents on bare,rooms or water closets in buildings not over two
stories in height, and 1½" type "M" copoer tubing vents on other individual waste.
Consideration next given to request for $300.00 for Sanford's participation in Ball
Production's of 13 movie shorts on "Florida the Wonderland", and on motion of Commissioner
Stemper, seconded by Commissioner Chase and carried, same was tabled.
On motion of Commissioner Krlder, seconded by Commissioner Stemper and carried, the
Commission next authorized an expenditure for the annual barbecue for City Personnel and
families on November 14.
Proposal next received from Geo. H. Williams, Jr., Certified Public Accountant, for
continuous audit services for fiscal year ending September 30, 1951, with final report, for
fee of $900.00, and same wse rejected with instructions to advertise for bids for both an
annual audit and a continuous audit.
In order to secure satisfactory title to the City owned prooerty described as S. 12ft.
of N. 154 ft of Block ll Tier 19, Sanford, which the City agreed to convey to Sanford Housing
Authority at price of $75.00, Commissioner Dyson next moved that the City consent to con-
demnation suit by the Authority.
Seconded by Commissioner Chase and carried.
On motion of Commissioner Stemper, seconded by Commissioner Chase and carried, the Com-
mission next confirmed the Mayor's apoointment of W. V. Bitting as a member of the Sanford
Housing Authority Commission to fill ~he vacancy created by the death of Commissioner Edward
Higgins, the term of office expiring on May 20, 1951.
On motlon of Commissioner Dyson, seconded by Commissioner Chase and carried, the Com-
mission next appointed Robert S. Brown as a member of the Zoning Board of Adjustment to fill
the unexpired term ending March 8. 1951, a vacancy created by the death of Edward Higgins.
The lease agreement with Florida Fashions, Inc., covering the Ship's Service Building
st airport was next submitted for consideration.
Thereupon Commissioner Klrder moved its approval and. that the Mayor and Clerk be authori-
zed to execute seme on behalf of the City.
Seconded by Commissioner Chase and carried.
said Lease Agreement being in words and figures as follows:
L-E-A-S-E
THIS LEA~E, Made and entered into in duplicate on the let day of November, 1950, be-
tween CITY OF SANFORD, FLORIDA, municipal corporation, hereinafter referred to as Lessor, and
INC., a corporation organized and existing under the laws of the State of
principal office at Sanford, Florida, hereinafter referred to as LESSEE,
to be
the Lessee the following described property, situated at what was formerly the
Tbmt the Lessor, for and in conslderatl~ of the rentals agreed to be oaid and covenants
performed by the Lessee, has leased and let and by these presents does lease and let unto
Sanford Naval Air
Station, in Seminole County, Florida, to-wit:
Building No. 17 (Ship Service Building)
together with the land immediately con-
tiguous to such building necessary to
the maintenance and operation thereof.
TO HAVE AND TO HOLD the above described property unto the Lessee for the period from
MINUTES
City Commission, Sanford, Florida,_.._O..9..~.~.!~....-.3.?....~.....8....?.~M.: ............ 19 .~0
157 '
of the term of this lease to renew the same for an additional term of five (5) years on the
same terms and conditions applicable hereto. Should lessee desire to exercise this option it
shall give written nO~ice to Lessor of its intent to renew, such notice to be delivered
to Lessor not less than nlnety (90) days prior to the expiration of the initial term of this
lease.
The Lessor an8 the Lessee ~o further covenant and agree to and with each other as
follows:
(1) The Lessee has inspected said property and ac~epts the same in its present condition
and agrees that all expense of repair and maintenance of said buildings and grounds shall be
borne by ~he Lessee, and that said Leased Buildings shall be kept in good condition and appear-
ance and in ~ccordance with the requirements of the Lessor and the Civil Aeronautics Administra-
tion.
(2) In the event the above described building, shali be so damaged by fire or the
elements as to be untenantable, Lessee ehalU in its discretion determine whether the expense
is too great to restore and repair said building, and should Lessee determine not to repair
same this lease shall cease and determine as to said building, an~ the rent shall~ate from
~he time same became untenantable, In the event after such damage by fire or the elements
as aforesaid Lessee determines to promptly repair the same, the rent shall be abated corres-
ponding with the time and extent to which said property cannot be used by Lessee after thedamage
occurred and before repair.
(3) Th~s lease and the Lessee shall be subject to the restrlcitions, term and conditions
of the Federal Government during the existence of any emergency declared bb the President of
the United States or the Congress thereof, and also subject to all conditions, covenants and
restrictions embodied in title to said property.
(4) The Lessee shall promptly pay all bills for utilities service.
(5) The Lessor shall have the right to enter the premises at any time during reasonable
business hours during the terms of this lease for the !~rpose of inspecting the real property
in order to determine whether the terms and conditions of said lease are being observed and
carried out by the Lessee.
(6) The Lessee shall during the term of said lease h~ve the right to make alterations,
attach fixtures and erect partitions and signs in and upon ~he premises, which fixtures,
alterations or signs so placed in or upon or attached to said premises shall be and remain
the property of the Lessee and may be removed therefrom upon the termination of the lease,
and the Lessee, if required by the Lessor, shall, upon the termination of said lease, restore
the same premises to the same condition as that existing at the time of the Lessee's entering
upon the same under said lease, reasonable and ordinary wear and tear and damage by the elements
or by circumstances over which the Lessee has no control, excepted, provided, however, that if
the Lessor requires such restoration the Lessee shal~ be given written notice thereof by the
Lessor at least thirty (30) days before the terminaZlon of this lease, and ~ovided further
tha~ no such restoraZion may be required as to any alteration or installation made by Lessee
during the term hereof with the prior written approval of Lessor.
(7) The Lessee shall not assign this lease or sublet any of said property without the
written consent of the Lessor.
(8) Default for a period of ten (10) days in the payment of any one of the aforesaid
monthly rentals or default after ~hlrty (30) days written notice mailed to the Lessee at its
1_58 MINUTES
City Commission, Sanford, Florida, October ~0 at 8 ~M. 1950
the Lessor shall have the right to enter upon said property and retake possession thereof without the
necessity to resort to process of law therefor.
(9) The Lessee shall surrender possession of all of the aforesaid property at the end of.
said term or the earlier
termination of said lease, unless said lease is renewed, in as good condition as the same now
is, ordinary wear and tear and damage by the elements excepted.
(10) Lessee agrees to indemnify Lessor and hold it harmless from loss by reason of any
claim for damages arising out of injury to any person or property on the leased premises, or from
Lessee's operations on the leased premises, during the term of this lease.
IN WITNESS WHEREOF, the Lessor has caused these presents to be executed in its name by
its Mayor and attested and its official seal to be hereunto affixed by its City Clerk, and the
Lessee has caused these its President and attested and
presents to be executed
in its name by
its corporate seal to be hereunto
written.
Signed, sealed and delivered
in the presence of:
Clifford McKib~In, Jr.,
S. W. ~asterby
As to Lessor
affixed by its Secretary, ali on the day and year first above
CITY OF BANFORD, FLORIDA
BY: Andrew Carraway, Mayor
Attest: N. N. Bayer, City Clerk
FLORIDA FASHIONS, INC.
George Touhy BY: Frsnk S. Shames,
N. E. Lazor ATTEST: Michael Glnson
As to Lessee "'
President
On motion of Commissioner Krider, seconded by Commissioner Stamper sod carried, the
Commission next authorized the ourchase from Shell Oil Come, any at ~rice of $$00.00, the under-
ground aviation gasoline tanks and fueling pumps located at the airport.
Request next received from Volie Williams, Jr., Attorney for Gulf Oil Corporation and
Mon~ez Harris, owners of prooerty abutting on East Street, that said street be closed and
vacated from Sanford Avenue east to Cross Street.
No action taken.
On motion of Commissioner Krider, seconded by Com~issloner Stamper and carried, the
Commission next approved the transfer to J. M. Blythe of the lease to Ball Brothers on part
of the water plant property located on South French Avenue.
On motion of Commissioner Stamper, seconded by Commissioner Chase and carted, the City
Clerk and Geo. H. Williams, Jr., Public Accountant, were ne~t authorized access to the safety
deposit box st Sanford At/antic National Bank for the ourpose of verifying the contents.
The followin~ copy of letter of susoension from Fire Chief Cleveland to John S. Lee,
Fireman 2nd Class, was next submitted for consideration:
Mr. John S. Lee,
Sanford, Florida.
Dear Sir:
October 25, 1950
Failure to report for duty and to answer rol] call
commencing October 22, ]-950, to this date, which is
in violation of Section 28 of Ordinance No. 359, and
also Section ~, rules and regulations of Fire Depart-
ment, Article 10, subsection 24.
By the authority vested in me under section 13 of Ordinance
No.3~9 of the City of Sanford, Florida, I hereby suspend you,
John S. Lee, Fireman 2nd Class, from scti~e duty with the Sanford
Fire Deosrtment for the following reasons:
MINUTES
October 30 at 8 P.M. 50
City Commission, Sanford, Florida, ............................................................................ 19
H-407~
3. Your inability to perform your necessary duties es a
Fireman due to having your driver's licenee revoked in
the Municipal Court of Sanford, Florida, on October 23,
1950.
A copy of this letter is being submitted to the City Manager for
submission to the City Commission for final action, or disposition.
Very truly yours,
S/ M. N. Cleveland, Sr., Chief
Sanford Fire Department
Copy to: Civil Service Board.
Thereupon after considerable discussion, Commissioner Stemper moved that upon recom-
mendation of Fire Chief Cleveland, John S. Lee be discharged from the Fire Depsrtment, and
same died for lack of a second.
Commissioner Krider then moved that the Fire Chief discharge John S. Lee for cause set
forth in the foregoing letter, or, appear before the Commission and show cause why he should
not be discharged.
Seconded by Commissioner Dyson and carried.
Request next received from Piggly-Wiggly S~ore at 300 E. Third St. for a reserved
space for taxi-cabs in front of their place of business, and same was denied because of space
being available for taxi-cabs in their private parking lot.
There being no further business the meeting adjourned.
ATTEST: