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051391-Regular Meeting558 -: MINU Ci_ty Commission, Sanford. F1 The City Commission of the City of Sanford, Florida met in Regular Meeting on Monday, May 13, 1991 at 7:00 P.M. in the City Commission Room, City Hall, Sanford, Florida. Present: Mayor-Commissioner Bettye D. Smith Commissioner Whitey Eckstein Commissioner Robert B. Thomas Commissioner A. A. McClanahan Commissioner Lon Howell City Attorney William L. Colbert City Manager William A. Simmons City Clerk Janet R. Donahoe The Chairman called the meeting to order. Mayor Smith proclaimed May 12 through May 17, 1991 as "National Preservation Week", and read a proclamation regarding same. James Brooks, 1013 South Myrtle Avenue, appeared and presented a petition which he reported was signed by 600 Goldsboro residents. He stated that there is a severe problem with open ditches, where mosquitos breed, there is inadequate drainage, there is a lack of curbs and sidewalks, and that there have been drownings in Goldsboro as a result of said open ditches. Further, because there are no sidewalks, children are forced to walk in the street. City Manager reported that subsequent to the meeting in Goldsboro, Staff has begun doing some work on 7th Street, that the Public Works Director has toured the area, and has begun to create a list of needs, with primary concentration on drainage. Further, there is no sanitary sewer system, and that in planning for stormwater drainage, the City does not want to install storm drainage improvements in such a way that would conflict with future ability to provide sanitary sewers where same is lacking. Also, the City will begin some individual ditch work upon determining what type of hydraulic gradeline will be working in the main Cloud Branch/Mill Creek streams, that correction of major problems will require a higher level of funding, which the City will not be able to do until after stormwater utility is in place and has a proven revenue stream. Further, he is personally committed to starting the process for final completion of correction of deficiencies. The Commission next reviewed the Condemnation Summary Status Report; no action was required or taken. A public hearing was held to consider the condemnation of structures or buildings on Condemnation Report No's 91-02 through 91-11, and Report No's 91-13 and 91-14. The Chairman announced that the Commission would hear from property owners or representatives thereof. A review of the reports was as follows: REPORT NO. ~91-02 991-03 991-04 #91-05 991-06 991-07 ADDRESS 1208 West 7th Street 1405 West 7th Street 610 Hickory Avenue 1404 West 17th Street 1017 Olive Avenue 1320 Shepherd Avenue 091-08 ~91-09 091-10 ~91-11 091-13 ~91-14 320 Upsala Road 106 Mulberry Avenue 1419 West 10th Street 1021 Avocado Avenue 1411 Southwest Road 1608 Persimmon Avenue OWNER(s) Paulene Samuel DeLainey/Gentry Daniel Calhoun Preston/Hatcher Haynes/White Rejected Stone Full Missionary Baptist Church South Seminole LTD Manuel & Maria Almeida Mary Robinson Nathaniel Thompson Stevens/Robinson Eddy/Edward MINUTES City Commission, Sanford, Florida ~48~/ 13, 559 M~rcelle Stevens, 1411 Southwest Road, Condemnation Report No. 91-13, appeared and acknowledged the condition of the property as reflected on the Condemnation Report, and requested a 60 day extension to repair and bring the property up to code. City Manager recommended that the City Commission condemn all properties on the Condemnation List in order to officially start the condemnation process, for ultimate demolition if the property owners do not avail themselves of time to make corrections between now and the final (15) fifteen day notice. After consideration, Commissioner Thomas moved that finding the afore-mentioned buildings or structures to be unsanitary, unsafe and dilapidated, that said buildings or structures be condemned and the owners given 60 days in which to repair or demolish said structures; and if the structures are not repaired or demolished within said 60 days, to authorize the City to demolish same and levy a lien against the property. Seconded by Commissioner Howell and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye The next item of business was consideration of requests for time extensions on Condemnations as follows: (1) Condemnation Report 990-9, 613 East 3rd Street, Rivera/Fujii, owner. (2) Condemnation Report ~90-13, 606 South Park Avenue, United Companies Financial Corp/Helen Stairs, owners. (3) Condemnation Report 989-5, 713 East 10th Street, Maurice Fields, owner. On motion of Commissioner Eckstein, seconded byCommissioner Howell and carried by the vote of the Commission, as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye the Commission authorized: (1) Condemnation Report ~90-9, 30 day extension. (2) Condemnation Report $90-13, 60 day extension. (3) Condemnation Report 985-5, 90 day extension. The next item of business was consideration.of a request from Building Official to commence demolition procedures on Condemned Structures as follows: (1) Condemnation Report. #91-1, 1226 - 1228 West 13th Street, Morris Roundtree, owner. (2) Condemnation Report 990-8, 412 & 414 Cypress Avenue, Johnson/Allen, owners. (3) Condemnation Report 989-27, 1118 West 14th Street, Beaseley, owner. On recommendation Of City Manager, Commissioner Howell moved to authorize Public Works to proceed with demolition of condemned structures (1) through (3), as requested. Seconded by Commissioner and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye 199] 560 MINU S .....-.: City Commission, Sanford, Florida May 13, 19 91 A public hearing was held in accordance with Notice published in the Sanford Herald on April 29, 1991, as follows: NOTICE OF PROCEEDING FOR CLOSING VACATING AND ABANDONING AN ALLEY 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 May 13, 1991, 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 an East-West alley lying between W. 1st Street and W. 2nd Street and between Mangoustine Avenue and Avocado Avenue, further described as follows: That 20 foot alley lying North of Lots 30 through 35 and East of Mangoustine Avenue, also the North 1/2 of said 20' alley lying South of Lots 14 through 17, Graceline Court, according to the plat thereof as recorded in Plat Book 3, Page 99, of the Public Records of Seminole County, Florida. Ail 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) Publish: April 29, 1991 Janet R. Donahoe City Clerk The City Clerk reported that notices were sent to owners on April 25, 1991. The Chairman announced that the Commission would hear from those persons present to speak in favor of, or in Opposition to, the prOposed alley closing. No one appeared. City Manager and Plans Review Committee recommended that only the western portion of the alley, lying north of Lots 30, 33, 34 and 35, be vacated, retaining a 20' easement; and that if the owner of Lot 36 requests the 10' immediately north of Lot 36 to be vacated, to also vacate same, and the northern 10' abutting Lots 14 thru 17, and retaining a 20' easement. Further, contingent upon owner of Lot 36 providing the City a 15' wide maintenance easement from the top bank of Mills Creek. Commissioner Thomas moved to authorize City Attorney to prepare the property ordinance to close, vacate and abandon the portion of the alley as advertised, retaining same as a utility easement, subject to the above stipulations. Seconded by Commissioner Howell and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye A public hearing was held in accordance with Notice published in the Sanford Herald on May 2, 1991, as follows: NOTICE OF A PUBLIC HEARING TO CONSIDER AN APPEAL OF THE DENIAL OF A CONDITIONAL USE IN A NON-CONFORMING DISTRICT Notice is hereby given that a Public Hearing will be held at the Commission Room in the City Hall in the City of Sanford, Florida, at 7:00 o'clock P.M. on May 13, 1991, to consider an Appeal of the Denial, by the Planning and Zoning Commission on April 4, 1991, of a Conditional Use in a non-conforming district for multiple-family use of property located in an SR-1, Single Family Residential Zoning District. Said property being more particularly described as follows: MINUTES City Commission, Sanford, Florida May 13, Lot 2 and N 1/2 of Lot 3, Block 8, Tier 4, Town of Sanford, as recorded in Plat Book 1, Page 59 of the Public Records of Seminole County, Florida. The City Commission may, after Public Hearing, affirm, deny, or modify the decision, finding and recommendation of the Planning and Zoning Commission, and the action of the City Commission shall be final. Ail 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 CONSIDE~ AT THE ABOVE MEETING OR HEARING, HE MAY NEED A VERBATIM RECURD OF THE PROCEEDINGS, INCLUDING THE TESTIMONY AND EVIDENCE, WHICH RECORD IS NOT PROVIDED BY THE CITY OF SANFORD. (FS 286.0105) Janet R. Donahoe City Clerk Publish: May 2, 1991 The Chairman announced that the Commission would hear from those persons present to speak in favor of, or in opposition to, said conditional use permit. Helen Stairs, broker of record for Stairs Property Management, 101 West First Street, 1301 Seminole Boulevard (residence), appeared and reported that she represents the owner, United Mortgage Company, and the prospective buyer. She stated that the previous owner allowed the property to be foreclosed on. Further, on or about 1927 the property was built as six-unit apartment complex, and it is apparent that the building is not economically and structurally feasible to convert from an apartment complex to a single-family dwelling, that said property is in jeopardy of demolition, and, therefore, requested permission to operate the building as a six-unit apartment. She addressed concerns of the Planning and Zoning Commission as follows: 1) On-street parking; there is ample space for six cars in the rear of the building along with a dumpster, and perhaps three additional spaces along the side, 2) The $50,000.00 referred to in the Purchase Agreement was to show the bank and/or seller that the buyer would immediately put $50,000.00 into the project, in addition to the deposit, and they will hold the paper for one year, and 3) Quality of tenants; the targeted market will be aeronautical students, and individuals 55 years and older. Further, if market allows, rental rates will range from $350.00 to $375.00, and a $500.00 security deposit and first and last month's rent will be required. City Planner Jay Marder appeared and reported that Staff believes this to be a very good situation in terms of preserving the historical integrity of the area because this building was clearly designed for a six-unit rental building, and, therefore, said use would be appropriate. City Manager reported that the property was posted late today, that the public hearing was previously advertised in the paper, and recommended that the public hearing be continued. City Attorney reported that because the posting did not occur until today, it would be appropriate to continue the public hearing until the next meeting. Further, it would appear that the Commission has the ultimate authority to grant the relief requested in the non-conforming use status, and that it would also be possible, with concurrence of the property owner, to record a document in the public records which would put a potential purchaser on notice as to the conditions and restrictions that would apply to said property. 1991 562 City Commission, Sanford. Flo)~":': 19 91 City Manager reported that Staff will work with Ms. Stairs to develop an agreement between now and the next Regular City Commission Meeting. The Chairman announced that the public hearing will be continued until May 20, 1991, Regular Meeting. A public hearing was held in accordance with Notice published in the Sanford Herald on May 2, 1991, 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 May 13, 1991, to consider the adoption of an ordinance by the City of Sanford, Florida, title of which is as follows: ORDINANCE NO. 3061 AN ORDINANCE OF THE CITY OF' SANFORD, ADOPTING PERSONNEL RULES AND REGULATIONS; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. 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) Janet R. Donahoe City Clerk Publish: May 2, 1991 Ordinance No. 3061, entitled: AN ORDINANCE OF THE CITY OF SANFORD, ADOPTING PERSONNEL RULES AND REGULATIONS; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. introduced and placed on first reading at meeting of April 22, 1991, was next placed on second 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, proposed Ordinance No. 3061. No one appeared. Commissioner McClanahan moved on the second reading and adoption of said Ordinance Seconded by Commissioner Thomas and carried by the vote of the Commission as No. 3061. follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Thereupon, the Chairman announced that the City Commission of the City of Sanford, Florida, had passed and adopted Ordinance No. 3061, entitled: AN ORDINANCE OF THE CITY OF SANFORD, ADOPTING PERSONNEL RULES AND REGULATIONS; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. MINUTE S 5 6 5 City Commission, Sanford, Florida May !3, The next item of business was consideration of a request from Brent Adamson, President, Sanford-Seminole Jaycees, Inc. to lease the Jaycee Park Building, as discussed at tonight's Work Session. Commissioner Thomas moved to authorize City Attorney to prepare a new lease with Sanford-Seminole Jaycees, Inc. for the Jaycee Park Building, and to include a provision to specifically dismiss any consideration that there be any future repayment of funds should the lease be terminated. Seconded by Commissioner McClanahan and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye The next item of business was consideration of a request from the Elks Lodge, to waive Civic Center rental rates, for an event on September 7, 1991, where alcoholic beverages will be served. On recommendation of City Manager, Commissioner Howell moved to deny said request; Elks Lodge to pay alcoholic beverage rate, which would amount to $550.00 plus 6% sales tax, and to hire one off-duty police officer. Seconded by Commissioner McClanahan and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye The next item of business was consideration of a request from Sanford Christian Worship Center, for a two-year waiver of paved parking and retention pond requirements at 1509 West 13th Street, which the City Commission approved on February 27, 1989, conditioned upon reevaluation of said parking lot utilization if there was a significant increase church membership, and submittal of a design acceptable to Engineering and Planning Department prior to the installation of mulch. On recommendation of City Manager, Commissioner McClanahan moved to approve said two-year waiver, conditioned upon re-evaluation of said parking lot utilization if there is a significant increase in church membership. Seconded by Commissioner Eckstein and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye The next item of business was consideration of a request from Florida Power & Light for a 5 foot by 25 foot utility easement on a portion of Site ~10, to facilitate additional poles and guideline anchor supports for area up-grading. On recommendation of City Manager, Commissioner McClanahan moved to authorize the execution of said Utility Easement as Seconded by Commissioner Thomas and carried by the vote of the Commission as requested. follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye 1991 The next item of business was consideration of a request from Scenic Improvement Board for funding in amount of $3,700.00, for Civic Center Beautification/Landscaping project, as discussed at tonight's Work Session. Commissioner Thomas moved to approve said funding in amount of $3,700.00, for Civic Center Beautification/Landscaping project, to be funded from existing Public Works Department budget. Seconded by Commissioner Howell and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye The Commission next considered a request from Edward Meixsell, to extend the "HARCAR" Lease for a period of 20 years or four consecutive options of five (5) years each, for Water Well #8 Site. On recommendation of City Manager, Commissioner Howell moved to deny Seconded by Commissioner Thomas and carried by the vote of the Commission as said request. follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye The next item of business was consideration of a request from Richard Casselberry, for a Conditional Use Permit for the property located at 400 South Palmetto Avenue, as discussed at tonight's Work Session. Commissioner Howell reported that said property was originally built as a single family dwelling, and moved to deny said request for Conditional Use Permit for property located at 400 South Palmetto Avenue. Seconded by Commissioner Thomas. After discussion, Commissioner Eckstein moved to table consideration of said request for a Conditional Use Permit. Seconded by Commissioner McClanahan. Said motion failed by the vote of the Commission as follows: Mayor Smith Nay Commissioner Eckstein Aye Commissioner Thomas Nay Commissioner McClanahan Aye Commissioner Howell Nay Mayor Smith called for the vote on the original motion to deny said request for Conditional Use Permit for property located at 400 South Palmetto Avenue. Said motion passed by the vote of the Commission as follows: Service). Avenue. follows: Mayor Smith Aye Commissioner Eckstein Nay Commissioner Thomas Aye Commissioner McClanahan Nay Commissioner Howell Aye The next item of business was consideration of a request from Arthur and Teresa McClenaghen d/b/a Quick Dogs, for an open Air Restaurant at 420 French Avenue (Sanford Tire Commissioner Eckstein moved to approve said Open Air Restaurant at 420 French Seconded by Commissioner McClanahan and carried by the vote of the Commission as Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye MINUTES City Commission, Sanford, Florida 565 ~991 The next item of business was consideration of a request to install a street light on Palmetto Avenue between 4th Street and 5th Street. On recommendation of City Manager, Commissioner McClanahan moved to approve the installation of said street light as requested. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye The Commission next considered a request from Seminole County for an exclusive perpetual easement from Rinehart Road (C.R. 46 A to SR 46) over a corner of the City's wellfield property, for right-of-way for public road and public utility purposes. On recommendation of City Manager, Commissioner McClanahan moved to authorize the execution of the Standard Option to Obtain Easement Form as requested, and directed Staff to coordinate a special location for the easement to avoid eXisting utilities. Seconded by Commissioner Eckstein and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye The next item of business was consideration of an offer from June Porzig and Lisa Porzig Finnerty, to sell property located at 507 South Oak Avenue to the City of Sanford, The Commission took no action. On motion of Commissioner Thomas, seconded by Commissioner Howell and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Ordinance No. 3060, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO ANNEX WITHIN THE CORPORATE AREA OF THE CITY OF SANFORD, ~PON ADOPTION OF SAID ORDINANCE, A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN BRIARCLIFFE STREET AND OSCEOLA DRIVE AND MARSHALL AVENUE AND EL CAPITAN DRIVE EXTENDED NORTHERLY; 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. was introduced and placed on first reading. The next item of business was consideration of a request from the Utility Director, to build additional office space and parking facility behind the Main Fire Station on 14th Street; estimated cost totalling $91,500.00. On recommendation of City Manager, Commissioner Thomas moved to approve said request. vote of the Commission as follows: Seconded by Commissioner Eckstein and carried by the Mayor Smith Commissioner Eckstein Commissioner Thomas Commissioner McClanahan Commissioner Howell Aye Aye Aye Aye The next item of business was consideration of a request from the Parks Director, to increase the price of ~bemetery spaces, and establish cremation spaces and fees, as described in memo dated April 15, 1991, from Parks Director. Commissioner Eckstein moved to approve said request. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: ,.566 MINU ,S , City Commission, Sanford, Florida Mau 13, 1991 The next item of business was consideration of a request to install a street light on Palmetto Avenue between 4th Street and 5th Street. On recommendation of City Manager, Commissioner McClanahan moved to approve the installation of said street light as requested. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye The Commission next considered a request from Seminole County' for an exclusive perpetual easement from Rinehart Road (C.R. 46 A to SR 46) over a corner of the City's wellfield property, for right-of-way for public road and public utility purposes. On recommendation of City Manager, Commissioner McClanahan moved to authorize the execution of the Standard Option to Obtain Easement Form as requested, and directed Staff to coordinate a special location for the easement to avoid existing utilities. Seconded by Commissioner Eckstein and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye The next item of business was consideration of an offer from June Porzig and Lisa Porzig Finnerty, to sell property located at 507 South Oak Avenue to the City of Sanford. The Commission took no action. On motion of Commissioner Thomas, seconded by Commissioner Howell and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Ordinance No. 3060, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, TO ANNEX -WITHIN THE CORPORATE AREA OF THE CITY OF SANFORD, UPON ADOPTION OF SAID ORDINANCE, A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN BRIARCLIFFE STREET AND OSCEOLA DRIVE AND MARSHALL AVENUE AND EL CAPITAN DRIVE EXTENDED NORTHERLY; 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. was introduced and placed on first reading. The next item of business was consideration of a request from the Utility Director, to build additional office space and parking facility behind the Main Fire Station on 14th Street; estimated cost totalling $91,500.00. On recommendation of City Manager, Commissioner Thomas moved to approve said request. Seconded by Commissioner Eckstein and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye The next item of business was consideration of a request from the Parks Director, to increase the price of cemetery spaces, and establish cremation spaces and fees, as described in memo dated April 15, 1991, from Parks Director. Commissioner Eckstein moved to approve said request. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: MINUTES City Commission, Sanford, Florida May 567 19 9] Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye The next item of business was consideration of a request from Building Official to board up properties as follows: A. 610 Hickory Avenue, and B. 111 Cedar Avenue. On recommendation of City Manager, Commissioner Department to board up properties as requested. by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Howell moved to authorize Public Works Seconded by Commissioner Thomas and carried America, for construction of reclaimed water distribution system, and Amendment No. 31 to Construction Services Contract with Conklin, Porter and Holmes, for construction services on the reclaimed water distribution system project. On recommendation of City Manager, Commissioner Howell moved to approve said contract in amount of $463,575.66 with Utility Systems of America, for construction of reclaimed water distribution system, and said Amendment No. 31 in amount not to exceed $17,761.00 plus reimbursable expenses, for construction services. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye The Commission next considered a request from Police Chief, to purchase an electronic dog training collar. Commissioner McClanahan moved to approve said request to purchase said collar in amount of $1,800.00, from Lakeland Kennels Training Center. Seconded by Commissioner Eckstein and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye The next item of business was consideration of a Contract with Ladd & Lady Trucking in amount of $12,660.00, for demolition and removal of debris regarding condemned structure located at 2018 Mellonville Avenue, Sara Jacobson, owner. Commissioner McClanahan moved to take no action. Seconded by Commissioner Howell. Commissioner McClanahan withdrew his motion. The Commission concurred that the owner is making progress to repair, and took no action. On motion of Commissioner Thomas, seconded by Commissioner Howell and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye The next item of business was consideration of Contract with Utility Systems of City Commission, Sanford, Florida May 13, 19 91 Resolution No. 1597 was adopted. Said resolution being in words and figures as follows: RESOLUTION NO. 1.577 A RESOLUTION PROVIDING FOR THE ACQUISITION AND CONSTRUCTION OF EXTENSIONS, IMPROVEMENTS AND ADDITIONS TO THE WATER AND SEWER SYSTEM OF THE CITY OF SANFORD, FLORIDA; PROVIDING FOR THE ISSUANCE OF NOT EXCEEDING $12,000,000 WATER AND SEWER REVENUE BONDS, SERIES 1991, OF THE CITY TO PAY THE COST OF SUCH PROJECTS; PRO- VIDING FOR THE RIGHTS OF THE HOLDERS OF SUCH BONDS; PROVIDING FOR THE PAYMENT THEREOF; MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; PROVIDING CERTAIN OTHER MATTERS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY THE PEOPLE OF THE CITY OF SANFORD, FLORIDA: SECTION 1. AUTHORITY FOR THIS RESOLUTION. This resolution is adopted pursuant to Chapter 166, Part II, Florida Statutes, and other applicable provisions of law. SECTION 2. DEFINITIONS. Unless the context otherwise requires, the terms defined in this section shall have the meanings specified in this section. Words importing singular number shall include the plural number in each case and vice versa and words importing persons shall include firms and corporations. Except as otherwise provided herein, all defined terms in the Original Resolution shall have the same meanings.when used herein. "Acquired Obligations" shall mean and include any of the following securities, if and to the extent the same are at the time legal for investment of funds of the Issuer: (i) any bonds or other obligations which as to principal and interest constitute direct obligations of, or are uncondi- tionally guaranteed by, the United States of America, includ- ing obligations of any Federal agency or corporation which has been or may hereafter be created pursuant to-an act of Congress as an agency or instrumentality of the United States of America to the extent unconditionally guaranteed by the United States of America or any other evidences of an owner- ship interest in obligations or in specified portions thereof (which may consist of specified portions of the interest thereon) of the character described in this clause (i) held by a bank or trust company as custodian,.under which the owner of the investment is the real party in interest and has the right to proceed directly and individually against the obligor on the obligations described in this clause (i), and which underlying obligations are not available to satisfy any claim of the custodian or any person claiming through the custodian or to whom the custodian may be obliqated; and // (ii) any bonds or other obligations of any state or governmental unit thereof, the interest on which is excluded from gross income for federal income tax purposes and which are rated at such time in the then highest rating category of two or more nationally recognized municipal rating agencies; and (iii) any bonds or other obligations of any state of the United States of America or of any agency, instrumentality or local governmental unit of any such state (a) which are not callable at the-option of the obligor prior to maturity or as to which irrevocable notice has been given by the obligor to call such bonds or obligations on the date specified in the notice, (b) which are fully secured as to principal and interest and redemption premium, if any, by a fund consisting only of cash or bonds or other obligations of the character described in clause (i) hereof which fund may be applied only to the payment of such principal of and interest and redemp- tion premium, if any, on such bonds or other obligatiQn~ on the maturity date or dates thereof or the specified redemption date or dates pursuant to such irrevocable instructions, as appropriate, and (c) as to which the principal of and interest on the bonds and obligations of the character described in-- clause (i) hereof which have been deposited in such fund along with any cash on deposit in such fund is sufficient to pay principal of and interest and redemption premium, if any, on the bonds or other obligations described in this clause (iii) on the maturity date or dates thereof or on the redemption date or dates specified in the irrevocable instructions referred to in subclause (a) of this clause (iii), as appro- priate. MINUTES City Commission, Sanford, Florida May 13, 569 1991 "ACt" shall mean Chapter 166, Part II, Florida Statutes, and other applicable provisions of law. "Additional Parity Obligations" shall mean additional obligations issued in compliance with the terms, conditions and limitations contained in the Original Resolution and in this Resolution and which (i) shall have a lien on the Pledged Revenues equal to that of the Series 1986 Bonds and the Series 1989 Bonds, (ii) shall be payable from the Net Revenues on a parity with the Series 1986 Bonds and the Series 1989 Bonds and (iii) rank equally in all respects with the Series 1986 Bonds and the Series 1989 Bonds. "Amortization Installment" with respect to any Term Bonds of a Series, shall mean an amount so designated for mandatory principal installments (for mandatory call or 6therwise) payable on any Term Bonds issued under the provisions of this Resolution or any subsequent resolution authorizing Additional Parity Obligations. '"'Authorized Newspapers" shall mean a financial newspaper of general circulation in the Borough of Manhattan, City and State of New York (including, at such times as they are published, The New York Time~, The Daily Bond Buyer, or The Wall Street Journal) and a newspaper of general circulation in the City of Sanford, Florida, which in each case, is customarily published at least once a day for at least five days (.other than legal holidays) in each calendar week, printed in the English language. "Average Annual Bond Service Requirement" shall mean, as of each date on~hich ~ series of Bonds is issued, the total amount of Bond Service Requirement which is to become due on all Bonds deemed to be Outstanding immediately after the issuance of such series of Bonds divided by the total number of years for which Bonds are deemed to be Outstanding, except that with respect to any Bonds for which Amortization Installments have been established, the amount of principal coming due on the final maturity date with respect to such Bonds that are to be redeemed from Amortization Installments to be made in prior Bond Years. "Bond Anticipation Notes" shall mean notes of the Issuer issued in anticipation of any Series of Bonds and shall be secured by a first lien on the proceeds of the Bonds for which such Bond '' Anticipation Notes were issued. "Bond Counsel" shall mean a firm of nationally recognized attorneys at law experienced in the issuance of bonds the interest on which is excluded from gross income of the Holders thereof for purposes of Federal income taxation under the Internal Revenue Code of 1986, as amended. "Bond Service Fund" shall mean such Bond Service Fund created and established pursuant to Section 16 of the Original Resolution. "Bond Service Requirement" shall mean, for any Bond Year, at any time, the amount required to be deposited in such Bond Year into the Bond Service Fund, as provided in the Original Resolution. For purpose of calculating Bond Service Requirement with respect to Designated Maturity Obligations, the unamortized principal coming due on the final maturity date thereof shall not be included and in lieu thereof there shall be added to Bond Service Require- ment for the Bond Year in which such final maturity occurs and to each Bond Year thereafter through the 25th anniversary of the final maturity of such Designated Maturity Obligations (the "Reamorti- zation Period") the amount of substantially level principal and interest payments (using the same interest rate actually applicable to such unamortized Bonds before maturity) that if paid in each year during the Reamortization Period would be sufficient to pay in full the unamortized portion of such Designated Maturity Obligations by such anniversary (the "Amortization Payment"); provided, however, for the current Bond Year interest coming due on such Designated Maturity Obligations shall be deducted from the -~iz&tion Payment. With respect to Variabl~--'~te Bonds, the interest rate used to calculate the Bond Service Requirement shall be assumed to be one hundred ten percent (110%) of the greater of (a) the daily average interest rate on such Variable Rate Bonds during the twelve months ending with the month preceding the date of calculation or (b) the most recent effective interest on such Variable Rate Bonds prior to the date of calculation. If such Variable Rate Bonds were not outstanding for a full twelve months ending with the month immediately preceding the date of Calcu- lation, the rate described in clause (b) of the immediately preceding sentence shall be used. If Bonds are Option Bonds, the date or dates of tender shall be disregarded, unless actually tendered and not remarketed, and the stated maturity dates thereof shall be used for purposes of this calculation, if such Option Bonds are required to be paid from Pledged Revenues under the Original Resolution or hereunder on such date of tender. 570 City Commission, Sanford, Florida May 13, 19 91 i'~Bond Year'' shall mean the period commencing on October 2 of each year ending with the succeeding October "Bonds" shall mean (i) the Bonds authorized under the Original Resolution, including but not limited to the Parity Bonds and the Series 1991 Bonds and (ii) any additiOnal Parity Obligations issued .. hereafter in accordance with the provisions of the Original Resolution and this Resolution. "Capital Appreciation Bonds" shall mean the aggregate principal amount of the Bonds that bear interest payable Solely at maturity or upon redemption prior to maturity ~n the amounts determined by reference to the Compounded Amounts, all as ~hall be determined by subsequent resolution of the Issuer. In the case of Capital Appreciation Bonds that are convertible to Bonds with interest payable prior to maturity or redemption of such Bonds, such Bonds shall be considered Capital Appreciation Bonds only during the period of time prior to such conversion. "Capital Appreciation Income Bonds" shall mean those Bonds initially issued as Capital Appreciation Bonds and which become Current. Interest Bonds when the original issue amount and the Compounded Amount equals $5,000 principal amount or an integral multiple thereof as determined by subsequent resolution of the Issuer. "Clerk" shall mean the City Clerk of the Issuer. "Compounded Amounts" shall mean the amounts as to which reference is made that establish the amounts payable at maturity or upon redemption prior to maturity on the Capital. Appreciation Bonds. Such amounts shall be determined by subsequent resolution of the Issuer. "Connection Charges""shall mean the charges imposed on those connecting to the System for the actual cost of physically connecting into the System. "Construction Fund" shall mean the Construction Fund created and established pursuant to Section 16 of the Original Resolution. "Consulting Engineers" shall mean one or more qualified and recognized consulting engineer or firm of consulting engineers having favorable repute, skill and experience with respect to the planning and"operation of the System who shall be retained from time to time by the Issuer, to perform the acts and carry out the duties as herein and in the Original Resolution provided for the ConSulting Engineers. "Contributions in Aid of Construction" shall mean any amount or item of money, services, or property received by the Issuer, any portion of which is provided at no cost to the utility, which represents an addition or transfer to the capital of the System, and which is utilized to offset the acquisition, improvement or construction costs of the System. "Cost of Operation and Maintenance" of the System shall mean-- the then current expenses, paid or accrued, ~n the operation, maintenance and repair of the System, as calculated in accordance with generally accepted accounting principles, but shall not include expenses not annually recurring, such as any reserve for renewals and replacements, extraordinary repairs or any allowance for depreciation, and Bond Service Requirement or any payments in lieu of taxes. "Current Interest Bonds" shall mean the aggregate principal amount of the Bonds that bear interest payable semiannually on such dates as shall be determined by subsequent resolution of the Issuer. "Designated Maturity Obligations" shall mean all of the Bonds of a Series or a particular maturity thereof, so designated by the Issuer by resolution prior to the issuance thereof, for which no Amortization Installment has been established. ,, "Expansion Facilities shall mean, collectively, the Sewer Expansion Facilities and the Water Expansion Facilities. "Fiscal Year" shall mean the period commencing on October 1 of each year and ending on the next succeeding September 30 or such other annual period as may be prescribed by-law from time to time for the Issuer. "Gross Revenues or Revenues shall mean all income or earnings, including Connection Charges, received by the Issuer or accrued to the Issuer from the ownership, use, or operation of the MINUTES City Commission, Sanford, Florida May 13, 571 1991 System and all parts thereof, including investment income, if any, earned on any fund or account created pursuant to the Resolution or the Original Resolution and on any fund or account established by the Issuer for the System, except that interest earned on the Construction-Fund shall remain in the Construction Fund, all as calculated iR accordance with generally accepted accounting principles, but "Gross Revenues" or "Revenues" shall not include proceeds from the sale or other disposition of the System or any part thereof, condemnation awards or proceeds of insurance ~eceived with respect to the System. Notwithstanding the foregoing, "Gross Revenues" or-."Revenues" shall not include Contributions in Aid of Construction, Sewer System Development Charges, Water System Development Charges. "Holder of Bonds" or "Bondholder" or any similar term shall mean any person who shall be the registered owner of any .outstanding Bond. "Interest Account" shall mean the special account of the same name created with the Bond Service Fund created and established pursuant to Section 16 of the Original Resolution. "Investment Securities" means any investment authorized under the laws of the State of Florida as shall be more specifically specified by subsequent resolution of the Issuer. "Issuer" shall mean the City of Sanford, Florida. "Maximum Bond Service Requirement" shall mean, as of any particular date of calculation, the greatest amount of aggregate Bond Service Requirement for the then current or any future Bond Year, except that with respect to any Bonds for which Amortization Installments have been established, the amount of principal coming due on the final maturity date with respect to such Bonds shall be reduced by the aggregate principal amount of such Bonds that are to be redeemed from Amortization Installments which were to be made in prior Bond Years. "Net Revenues" of the System shall mean the Revenues or Gross Revenues after deduction of the Cost of Operation and Maintenance. "Option Bonds" shall mean Bonds subject to tender for payment prior to their maturity at the option of the Holder thereof. "Operating Reserve Fund" shall mean the Operating Reserve Fund created pursuant to Section 16 of the Original Resolution. "Outstanding" or "Bonds Outstanding" Shall mean all Bonds which have been issued pursuant to the Original Resolution, except: (i) Bonds canceled after purchase in the open market or because of payment at or redemption prior to maturity; (ii) Bonds for the payment or .redemption of which cash funds or Acquired Obligations or any combination thereof shall have been theretofore irrevocably set aside in a special account with an escrow agent (whether upon or prior to the maturity or redemption date of any such Bonds) in an amount which, together with earnings on such Acquired Obligations, will be sufficient to pay the principal of and interest on such Bonds at maturity or upon their earlier redemption; provided that, if such Bonds are to be ~edeemed before the maturity thereof, notice of such redemption shall have been given a. ccording to the requirements of this Resolution or irrevocable instructions directing the timely publication of such notice and directing the payment of the principal of and interest on all such Bonds at such redemption dates shall have been given to the Escrow Agent; and (iii) Bonds which are deemed paid pursuant to this Resolution or in lieu of which other Bonds have been issued under Sections ll and 13 hereof. "Parity Bonds" shall mean the outstanding Water and Sewer 7 Revenue Bonds, Series 1986, and the outstanding Water and Sewer . Revenue Bonds, Series 1989. .. "Paying Agent" shall mean any authorized depositary designated by the Issuer to serve as a Paying Agent or as the place of payment for any Series of Bonds issued hereunder that shall have agreed to arrange for the timely payment of the principal of interest and redemption premium, if any, on such Series of Bonds to the owners thereof, from funds made available thereof by the Issuer and any successors designated by subsequent resolution of the Issuer. Nothing shall prohibit the Issuer from serving as Paying agent hereunder. 572 MINUTt S Ci.t.y ._(.~.9..n..~mission. Sanford. Flori~ ........ I'43y ] 3, "Pledged Revenues" shall mean (i) the Net Revenues of the System, (ii) until released as provided herein, the Public Service Taxes, (iii) the Sewer System Development Charges Bond Service Component and' (iv) the Water System Development Charges Bond Service Component. Notwithstanding the foregoing, moneys on deposit in each account in the Reserve Fund shall be pledged only to the payment of the Series of Bonds for which such account was established, all as more fully provided in Section 20 of the Original Resolution. "Principal Account" shall mean the special account of the same name created within the Bond Service Fund. "Project" or "Projects" shall mean any actual, proposed or potential addition, extension, supplement or replacement of the System or joint ownership of similar properties or any interest therein or any right to use the capacity from any facilities or services thereof, or any other lawful purpose related to the System, all as determined by the Issuer. "Project Certificate" shall mean that certificate of the Qualified Independent Consultant filed with the Issuer at or prior to the delivery of any Series of Bonds setting forth (i) the estimated total cost of.the Project, (ii) the estimated cost of the Sewer Expansion Facilities portion of the Project, (iii) the Sewer Expansion Percentage, (iv) the estimated cost of th~ Water Expansion Facilities portion of the Project, and (v) the Water Expansion Pefcentag~l "Project Costs" shall mean all costs authorized to be paid from the Construction Fund pursuant to Section 18 of the Original Resolution to the extent permitted under the laws of the State of Florida. It is intended that this definition be broadly construed to encompass all costs, expenses and liabilities of the Issuer related to the System which on the date of the Original Resolution, this Resolution or in the future shall be permitted to be ~unded with the proceeds of any Series of Bonds pursuant to the laws of the State of Florida. "Prudent Utility Practice" shall mean, in respect of any particular utility industry, any of the practices, methods and acts which, in the exercise of reasonable judgement, in the light of the facts, including but not limited to the practices, methods and acts engaged in or approved by a significant portion of such utility industry prior thereto, known at the time the decision was made, would have been expected to accomplish the desired result at the lowest reasonable cost consistent with reliability, safety and expedition. It is recognized that Prudent Utility Practice is not intended to be limited to the optimum practice, method or act to the exclusion of all others, but rather is a spectrum of possible practices, methods or acts which could have been expected to accomplish the desired result at the lowest reasonable cost consistent with reliability, safety and expedition. "Public Service Taxes" shall mean that tax imposed by the Issuer on the purchase of electricity, as authorized pursuant to Section 166.231, Florida Statutes and Sections 26-19 through 26- 27, Code of the City of Sanford. "Public Service Taxes Fund" shall mean the Public Service Taxes Fund created pursuant to Section 16 of the Original Resolution. "Qualified Independent Consultant" shall mean one or more qualified and recognized independent consultants,' having favorable repute, skill and experience with respect to the acts and duties of the Qualified Independent Consultant to be provided to the Issuer, as shall from time to time be retained by the Issuer to perform the acts and carry out the duties herein provided for such consultants. "Redemption Account" shall mean the special account of the same name created within the Bond Service Fund. "Registrar" shall mean the trust company or bank with trust powers appointed from time to time by subsequent resolution of the Issuer to serve under this Resolution. Nothing herein shall prohibit the Issuer from serving as Registrar hereunder.~ "Renewal, Replacement and Improvement Fund" shall mean the Renewal, Replacement and Improvement Fund created and established pursuant to Section 16 of the Original Resolution. MINUTES City Commission, Sanford, Florida 573 19 91 "Reserve Fund" shall mean the Reserve Fund created and established pursuant to Section 16 of the Original Resolution and all accounts therein. "Reserve Requirement" with respect to the Series 1991 Bonds, shall mean the lesser of (i) the Maximum Bond Service Requirement for the Series 1991 Bonds, (ii) 125% of the Average Annual Bond Service Requirement for the Series 1991 Bonds or (iii) the largest amount which shall not adversely affect the exclusion of interest on the Series 1991 Bonds from the gross income of the Holders thereof for purposes of Federal income taxation. "Resolution" shall mean this resolution as from time to time amended or supplemented, in accordance with the terms hereof. "Revenue Fund" shall mean the Revenue Fund created and established pursuant to Section 16 of the~Original Resolution. "Serial Bonds" shall mean the Bonds of a Series, which mature on more than one date. "Series" or "Series of Bonds" or "Bonds of a Series" shall mean all Bonds designated as being of the same Series issued and delivered on original issuance in a simultaneous transaction, and any Bonds thereafter delivered in lieu thereof or in substitution therefor pursuant to the Original Resolution and this Resolution. "Series 1986 Bonds" shall mean the outstanding City of Sanford, Florida, Water and Sewer Revenue Bonds, Series 1986, dated August 1, 1986. "Series 1989 Bonds" shall mean the outstanding City of Sanford, Florida, Water and Sewer Revenue Bonds, Series 1989, dated September 1, 1989. "Series 1991 Bonds" shall mean the outstanding City of Sanford, Florida, Water and Sewer Revenue Bonds, Series 1991. "Sewer Expansion Facilities" shall mean improvements, extensions and additions to the Sewer System, together with all lands or interest therein, including plants, buildings, machinery, franchises, pipes, mains, fixtures, equipment and all property real or personal, tangible or intangible, heretofore or hereafter constructed or acquired in order to meet the increased demand upon the Sewer System, whether actual or anticipated, created by new users connecting to the Sewer System. "Sewer Expansion percentage" shall mean that number, expressed as a percentage, which represents that portion of the total cost of any Project which is attributable to Sewer Expansion Facilities, if any, as shall be determined by the Qualified Independent Consultant and set forth in the Project Certificate. "Sewer System" shall mean the complete sewer system now owned, operated and maintained by the Issuer, together with any and all improvements, extensions and additions thereto thereafter constructed or acquired, together with all lands or interests therein, including plants, buildings, machinery, franchises, pipes, mains, fixtures, equipment and all property, real or personal, tangible or intangible, now or hereafter owned or used in connection therewith. "Sewer System Development Charges" shall mean the impact fees and charges levied upon and collected from new users of the Sewer System to the extent the same are lawfully available for the acquisition and construction of Sewer Expansion Facilities and for Sewer System Developer Charges Bond Service Components. "Sewer System Development Charges Bond Service Component" shall mean with respect to any Series of Bonds as of any particular date of calculation, the Sewer Expansion Percentage, if any, multiplied by the aggregate Bond Service Requirements for said Series of Bonds. "Sewer System Development Charges Fund" shall mean the Sewer System Development Charges Fund created pursuant to Section 16 of the Original Resolution. "State" shall mean the State of Florida. ,'Subordinated Debt" shall mean any obligations payable from the Subordinated Debt Service Fund pursuant to Section 16 of the Original Resolution. "Subordinated Debt Service Fund" shall mean the Subordinated Debt Service Fund created and established pursuant to Section 16 of the Original Resolution. 574 City Commission, Sanford, Florida May 13, "System" shall mean, collectively the water system and the sewer system of the Issuer. Upon compliance with the provisions of Section 26 of the Original Resolution, the term "System" may be deemed to include other utility functions added to the System, such as the acquisition, distribution and sale of natural gas, the providing of cable television services, the providing of tele- communication services or other utility functions that are, in' accordance with Prudent Utility Practice, reasonably related to the services provided by the System. Notwithstanding the f~regoing definition of the term System, such term shall not include any properties o°r interests in properties of the Issuer which the Issuer determines shall not constitute a part of the System for the purpose of this Resolution. "System Development Charges" shall mean, collectively, the Sewer System Development Charges and the Water System Development Charges. "System Development Charges Bond Service Components" _shall mean, collectively, the Sewer System Development~ Charges Bond Service Component and the Water System Development Charges Bond Service Component. "Term Bonds" shall mean the Bonds of a Series, all of whiCh shall be stated to mature on one date for which Amortization Installments have been established. "Variable Rate Bonds" shall mean obligations issued with a variable, adjustable, convertible or other similar rate which is not fixed in percentage at the date of issue for the entire term thereof.. "Water Expansion Facilities" shall mean improvements, extensions and additions to the Water System, together with all lands or interest therein, including plants, buildings, machinery, franchises, pipes, mains, fixtures, equipment and all property, real or personal, tangible or intangible, heretofore or hereafter constructed or acquired in order to meet the increased demand upon the Water System, whether actual or anticipated, created by new users connecting to the Water System. "Water Expansion Percentage" shall mean that number, expressed as a percentage, which represents that portion of the total cost of the Project which is attributable to Water Expansion Facilities, if any, as shall be determined by the Qualified Independent Consultant and set forth in the Project Certificate. "water System" shall mean the complete ~ater System now owned, operated and maintained by the Issuer, together with any and all improvements, extensions and additions thereto, thereafter constructed or acquired, together with all lands or interests therein, including plants, buildings, machinery, franchises, pipes, mains, fixtures, equipment and all property, real or personal, tangible or intangible, now or hereafter owned or used in connection therewith. "Water System Development Charges" shall mean the impact fees and charges levied upon and collected from new users of the Water System to the extent the same are lawfully available for the acquisition and construction of Water Expansion Facilities and for Water System Development Charges Bond Service Components. "Water System 'Development Charges Bond Service Component" shall mean with respect to any Series of Bonds as of any particular date of calculation, the Water Expansion Percentage, if any, multiplied by the aggregate Bond Service Requirements for said Series of Bonds. SECTION 3. FINDINGS. and declared that: It is hereby ascertained, determined (A) The Issuer now owns, operates and maintains the System and will continue to derive revenue from the rates, fees, rentals and other charges made and collected for the service of such System, which Revenues and the other revenues pledged pursuant to the provisions of the Original Resolution are not now pledged or encumbered in any manner, except for the payment of the Parity Bonds. (B) It is necessary and desirable to acquire, construct and erect additions, extensions and improvements to the System (the "Projects"), as more particularly set forth in ~he plans and specifications on file or to be on file with the Clerk. (C) The cost of such Projects shall be paid frOm the proceeds of the Series 1991 Bonds. MINUTES City Commission, Sanford, Florida 13; .575 (D) The principal of and interest and redemption premium, if any, on the Series 1991 Bonds and the Parity Bonds and all reserve and other payments shall be payable solely from the Pledged Revenues as provided herein and in the Original Resolution. The Issuer shall never be required to levy ad valorem taxes on any real or personal property therein to pay the principal of and interest on the Series 1991 Bonds or to make any other payments provided for herein. The Series 1991 Bonds shall not constitute a lien upon any properties owned by or located within the boundaries of the Issuer. (E) The estimated Pledged Revenues will be sufficient to pay the principal of and interest and redemption premium, if any, on the Parity Bonds and the Series 1991 Bonds, as the same become due, and-to make all required deposits or payments required by this Resolution and the Original Resolution. (F) The Original Resolution, in Section 20(Q) thereof, provides for the issuance of Additional Parity Obligations under the terms, limitations and conditions provided therein. (G) The Issuer has complied with the terms, conditions and restrictions contained in the Original Resolution. The Issuer is, therefore, legally entitled to issue the Series 1991 Bonds as Additional Parity Obligations within the authorization c~ntained. in the Original Resolution. (H) Th~ Series 1991 Bonds herein authorized shall be on a parity and rank equally, as to lien on and source and security for payment from the Pledged Revenues and in all other respects, with the Parity Bonds. SECTION 4. AUTHORIZATION OF CONSTRUCTION OF PROJECTS. There is hereby authorized the construction of the Projects pursuant to the Consulting Engineers' reports or plans and specifications on file or to be on file with the Clerk. SECTION 5. RESOLUTION TO CONSTITUTE CONTRACT. In consider- ation of the acceptance of the Bonds authorized to be issued here- under by those who shall hold the same from time to time, this-' Resolution shall be deemed to be and shall constitute a contract between the Issuer and such Holders. The covenants and agreements herein set forth to be performed by the Issuer shall be for the equal benefit, protection and security of the legal Holders of any and all of the Bonds, all of which shall be of equal rank and without preference, priority or distinction of any of the Bonds over any other thereof, except as expressly provided therein and herein. SECTION 6. AUTHORIZATION OF SERIES 1991 BONDS. Subject and. pursuant to the provisions hereof, obligations of the Issuer to be known as "Water and Sewer Revenue Bonds, Series 1991". (the "Series 1991 Bonds") are authorized to be issued in the aggregate principal amount of not exceeding $12,000,000. SECTION 7. DESCRIPTION OF SERIES 1991 BONDS. The Series 1991 Bonds shall be issued in fully registered form; may .be Capital Appreciation Bonds and/or Current Interest Bonds; shall be dated; shall be numbered; shall be in the denomination of $5,000 each, or integral multiples thereof for the Current Interest Bonds and in $5,000 maturity amounts for the Capital Appreciation Bonds or in $5,000 multiples thereof, or such other denominations as shall be approved by the Issuer in a subsequent resolution prior to the delivery of the Series 1991 Bonds; shall bear interest at such rate or rates not exceeding the maximum rate allowed by Florida law, the actual rate or rates to be determined by the governing body of the Issuer prior to or upon the sale of the respective Series of Bonds; may be issued with variable, adjustable, convertible or other rates with original issue discounts and as zero interest rate bonds; such interest to be payable semiannually at such times ~s are fixed by resolution of the Issuer if Current Interest Bonds and shall mature annually on such date in such years and amounts as will be fixed by resolution of the Issuer prior to or upon the sale of the respective Series of Bonds; and may be Serial and/or Term Bonds. Each Current Interest Bond shall bear interest from the interest payment date next preceding the date on which it is authenticated, unless authenticated on an interest payment date, in which case it shall bear interest from such interest"payment date, or, unless authenticated prior to the first interest payment date, in which case it shall bear interest from its date; provided, however, that if at the time of authentication payment of any interest which is due and payable has not been made, such Current Interest Bond shall bear interest from the date to which interest shall have been paid. The Capital Appreciation Bonds shall bear interest only at maturity or upon redemption prior to maturity in the mount determined by reference to the Compounded Amount. .576 City Commission, Sanford, Florida 19 _ 91 The principal of and the interest and redemption premium, if any, on the Series 1991 Bonds shall be payable in any coin or currency of the United States of America which on the respective dates of payment thereof is legal tender for the payment of public and private debts. The interest on the Current Interest Bonds shall be payable by the Paying Agent on each interest payment date to the person appearing on the registration books of the Issuer hereinafter provided for as the registered Holder thereof on the fifteenth (15th) day of the month preceding each interest payment date, by check or draft mailed to such registered Holder at his address as it appears on such registration books. Payment of the principal of all Current Interest Bonds and the Compounded Amount with respect to the Capital Appreciation Bonds shall be made upon the presentation and surrender of such Bonds as the same shall become due and payable. Notwithstanding any other provisions of this section, the Issuer may, at its option, prior to the date of issuance of any Series of Bonds, elect to use an immobilization system or pure book-entry system with respect to issuance of such Series of Bonds, provided adequate records will be kept with respect to the ownership of such Series of Bonds issued in book-entry form or the beneficial ownership of bonds issued in the name of a nominee. As long as any Series 1991 Bonds are outstanding in book-entry form the provisions of Sections 8, 9, 10 and 13 of this Resolution shall not be applicable to such Bonds. The details of any alternative system of issuance, as described in this paragraph, shall be set forth in a resolution of the Issuer duly adopted at or prior to the sale of such Series of Bonds. SECTION 8. EXECUTION OF SERIES 1991 BONDS. The Series 1991 Bonds shall be signed by, or bear the facsimile signature of, the Mayor of the Issuer and shall be signed by, or bear the facsimile signature of, the Clerk and a facsimile of the official seal of the Issuer shall be imprinted on the Series 1991 Bonds. In case any officer whose signature or a facsimile of whose. signature shall appear on any Series 1991 Bonds shall cease to be such officer before the delivery of such Series 1991 Bonds, such signature or such facsimile shall nevertheless be valid and sufficient for all .purposes the same as if he has remained in office until such delivery. Any Series 1991 Bond may bear the facsimile signature of or may be signed by such persons who, at the actual time of the execution of such Series 1991 Bond, shall be the proper officers to sign such Series 1991 Bonds although at the date of such Series 1991 Bond such persons may not have been such officers. SECTION 9. AUTHENTICATION OF SERIES 1991 BONDS. Only such of the Series 1991 Bonds as shall have endorsed thereon a cer't-ifi- cate of authentication substantially in the form hereinbelow set forth, duly executed by the Registrar, as authenticating agent, shall be entitled to any benefit or security under this Resolution. No Series 1991 Bond shall be valid or obligatory for any purpose unless and until such certificate of authentication shall have been duly executed by the Registrar, and such certificate of the Registrar upon any such Series 1991 Bond shall be conclusive evidence that such Bond has been duly authenticated and delivered under this Resolution. The Registrar's certificate of authenti- cation on any Bond shall be deemed to have been duly executed if signed by an authorized officer of the Registrar, but it shall not be necessary that the same officer sign the certificate of authen- tication of all of the Series 1991 Bonds that may be issued here- under at any one time. SECTION 10. EXCHANGE OF SERIES 1991 BONDS. Any Series 1991 Bonds, upon surrender thereof at the principal corporate trust office of the Registrar, together with an assignment duly executed by the Bondholder or his attorney or legal representative in such form as shall be satisfactory to the Registrar, may, at the option of the Bondholder, be exchanged for an aggregate principal amount of Series 1991 Bonds equal to the principal amount of the Bond or Bonds so surrendered. The Registrar shall make provision for the exchange of Series 1991 Bonds at the principal corporate trust office of the Registrar. SECTION 11. NEGOTIABILITY, REGISTRATION AND TRANSFER OF SERIES 1991 BONDS. The Registrar shall keep books for the regis- tration of and for the registration of transfers of Series 1991 Bonds as provided in this Resolution. The transfer of any Series MINUTES City Commission, Sanford, Florida May 13, 1991 1991 Bonds may be registered only upon such books and only upon surrender thereof to the Registrar together with an assignment duly executed by the Bondholder or his attorney or legal representative in such form as shall be satisfactory to the Registrar. Upon any such registration of transfer the Issuer shall execute and the Registrar shall authenticate and deliver in exchange for such Bond, a new Bond or Bonds registered in the name of the transferee, and in an aggregate principal amount equal to the principal amount of such Bond or Bonds so surrendered. ~ In all eases in which Series 1991 Bonds shall be exchanged, the Issuer shall execute and the Registrar shall authenticate and deliver, at the earliest practicable time, a new Bond or Bonds of the same type (i.e. Current Interest Bonds will be exchanged for Current Interest Bonds and Capital Appreciation Bonds will be exchanged for Capital Appreciation Bonds) in accordance with the provisions of this Resolution. All Series 1991 Bonds surrendered in any such exchange or registration of transfer shall forthwith be canceled by the Registrar. The Issuer or the Registrar ma~_~ake a charge for every such exchange or registration of transfer of Series 1991 Bonds sufficient to reimburse it for any tax or other governmental charge required to be paid with respect to such exchange or registration of transfer, but no other charge shall be .. made to any Bondholder for the privilege of exchanging or regis- tering the transfer of Series 1991 Bonds under the provisions of this Resolution. Neither the Issuer nor the Registrar shall be required to make any such exchange or registration of transfer of Series 1991 Bonds during the fifteen days immediately preceding an interest payment date or redemption date. SECTION 12. OWNERSHIP OF SERIES 1991 BONDS. The person in whose name any Bond shall be registered shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of or on account of the principal or redemption price of any such Bond, and the interest on any such Series 1991 Bonds shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond including the premium, if any, and interest thereon to the extent of the sum or sums so paid. SECTION 13. SERIES 1991 BONDS MUTILATED, DESTROYED, STOLEN OR LOST. In case any Bond shall become mutilated, or be destroyed, stolen or lost, the Issuer may in its discretion cause to be executed, and the Registrar shall authenticate and deliver, a new Bond of like date and tenor as the Bond so mutilated, destroyed, stolen or lost (i.e., Current Interest Bonds shall be issued in exchange for Current Interest Bonds and Capital Appreciation Bonds shall be issued in exchange for Capital Appreciation Bonds), in exchange and substitution for such mutilated Bond upon surrender and cancellation of such mutilated Bond or in lieu of and substitution for the Bond destroyed, stolen or lost, and upon the Holder furnishing"the Issuer and the Registrar proof of his owner- ship thereof and satisfactory indemnity and complying with such other reasonable regulations and conditions as the Issuer and the Registrar may prescribe and paying such expenses as the Issuer and the Registrar may incur. All Series 1991 Bonds so surrendered shall be canceled by the Issuer. If any of the Series 1991 Bonds shall have matured or be about to mature, instead of issuing a substitute Bond, the Issuer may pay the same, upon being indemni- fied as aforesaid, and if such Bond be lost, stolen or d~stroyed, without surrender thereof. Any such duplicate Series 1991 Bonds issued pursuant to this Section shall constitute original, additional contractual obli- gations on the part of the Issuer whether or not the lost, stolen or destroyed Series 1991 Bonds be at any time found by anyone, and such duplicate Series 1991 Bonds shall be entitled to equal and proportionate benefits and rights as to lien on and source and security for payment from the funds, as hereinafter pledged, to the same extent as all other Series 1991 Bonds issued hereunder SECTION 14. PROVISIONS FOR REDEMPTION. The Series 1991 Bonds shall be subject to redemption prior to their maturity, at the option of the Issuer, at such times and in such manner as shall be .- fixed by resolution of the Issuer prior to or at the time of sale of the Series 1991 Bonds. Notice of such redemption shall, at least thirty (30) days prior to the redemption date, be filed with the Registrar; and mailed, first class mail, postage prepaid, to all Holders of Series 1991 Bonds to be redeemed at their addresses as they appear on the registration books hereinbefore provided for on the fifteenth (15th) day of the month preceding each interest payment date, but failure to mail such notice to one or more Holders of Series 1991 578 MINU s City Commission, Sanford, Florida B~n-~h~a-i~~ ~not affect the validity of' th~-~0~'~e~in~-f0r- s~&~ redemption with respect to Holders of Series 1991 Bonds to which notice was duly mailed hereunder. Each such notice shall set forth the date fixed for redemption, the redemption price to be paid and, if less than all of the Series 1991 Bonds of one maturity are to be called, the distinctive numbers of such Series 1991 Bonds to be redeemed and in the case of Series 1991 Bonds to be redeemed in part only, the portion of the principal amount thereof to be redeemed. When notice of redemption is given, Series 1991 Bonds called for redemption will become due and payable on the redemption date at the redemption price stated in such notice. When a notice of redemption is given and funds sufficient for redemption are deposited with the Registrar, interest on the Series 1991 Bonds to be redeemed will cease to accrue on the date fixed for redemption, such Series 1991 Bonds shall cease to be entitled to any lien, benefit or security under this Resolution and the Holders of such Series 1991 Bonds will have no right in respect thereof except to receive payment of the redemption price. Upon surrender of any Series 1991 Bond for redemption in part only, the Registrar shall authenticate and deliver to the Bond- holder thereof, the cost of which shall be paid by the Issuer, a new Series 1991 Bond of an authorized denomination equal to the unredeemed portion of the Series 1991 Bond surrendered. SECTION 15. FORM OF SERIES 1991 BONDS. The text of the Series 1991 Bonds, together with the certificate of authentication, shall be in substantially the following form, with such omissions, insertions and variations as may be necessary, desirable, autho- rized or permitted by this Resolution or by any subsequent resolu- tion adopted prior to the issuance thereof, or as may be necessary if the Bonds or a portion thereof are issued as Capital Apprecia- tion Bonds, Option Bonds, Designated Maturity Obligations, Variable Rate Bonds, or as may be necessary to comply with applicable laws, rules and regulations of the United States and of the Sta~ in effect upon the issuance thereof. The text of any Series of Bonds, other than the Series 1991 Bonds shall be as determined by subse- quent resolution of the Issuer. SECTION 16. APPLICATION OF PROVISIONS OF ORIGINAL RESOLUTION. The series 1991 Bonds, herein authorized, shall for all purposes (except as herein expressly provided) be considered to be Addi- tional Parity Obligations issued under the authority of the Origi- nal Resolution, and shall be entitled to all the protection and security provided therein for the Parity Bonds, and shall be in all respects entitled to the same security, rights and privileges enjoyed by the Parity Bonds. The covenants and pledges contained in the Original Resolution shall be appiicable"to the Series 1991 Bonds herein authorized in like manner as applicable to the Parity Bonds. The principal of and interest on the Series 1991 Bonds shall be payable from the Bond Service Fund established in the Original Resolution on a parity with the Parity Bonds, and payments shall be made into such Bond Service Fund by the Issuer in amounts fully sufficient to pay the principal of and interest on the Parity Bonds and the Series 1991 Bonds as such principal and interest become due. SECTION 17. APPLICATION OF BOND PROCEEDS. The proceeds, including accrued interest and redemption premium, if any, received from the sale of the Series 1991 Bonds shall be applied by the Issuer simultaneously with the delivery of such Series 1991 Bonds'' to the purchaser thereof, as follows and as further provided in a supplemental resolution of the Issuer. A. The accrued interest on the Series 1991 Bonds shall be deposited in the Interest Account in the Bond Service Fund created pursuant to the Original Resolution and shall be used only for the purpose of paying interest becoming due on the Series 1991 Bonds for which it was so deposited. B. Unless otherwise provided in a supplemental resolution of the Issuer or unless provided for through the purchase of municipal bond insurance, a letter of credit or any combination thereof, as set forth in Section 20(B)(2) of the Original Resolution, a sum equal to the Reserve Requirement on such Series 1991 Bonds shall be deposited in the respective account in the Reserve Fund established for the Series 1991 Bonds and shall be used only for the purposes provided therefor. -- C. A sum as specified by a supplemental resolution of the Issuer shall be deposited in the Construction Fund and shall be used to pay Project Costs in the manner authorized by Section 18 of the Original Resolution. Such sum shall be used together with other available moneys by the Issuer solely to acquire, construct and erect the Projects, including the reimbursement to the Issuer of moneys spent on the Projects in anticipation of the sale of the Series 1991 Bonds. The Issuer agrees and covenants to commence and proceed with due diligence to complete the construction, erection and acquisition of the Projects. MINUTES City Commission, Sanford, Florida 5.79 May 1319 91 D. To the extent not reimbursed therefor by the original purchaser of such Series 1991 Bonds, the Issuer shall pay all costs and expenses in connection with the issuance and sale of the Series 1991 Bonds. E. The remaining moneys from such Series 1991 Bonds shall be deposited as provided in supplemental resolutions of the Issuer. SECTION 20. COVENANTS OF THE ISSUER. The provisions of Section 20 of the O~iginal Resolution shall be deemed applicable to this Resoihtion and shall apply to the Series 1991 Bonds issued pursuant to this Resolution as though fully restated herein. SECTION 21. DEFAULTS; EVENTS OF DEFAULT AND REMEDIES. The provisions of Section 21 of the Original Resolution shall be deemed applicable to this Resolution and shall apply to the Series 1991 Bonds issued pursuant to this Resolution as though fully restated herein. SECTION 22. AMENDING AND SUPPLEMENTING OF RESOLUTION WITHOUT CONSENT OF HOLDERS OF BONDS. The provisions of Section 22 of the Original Resolution shall be deemed applicable to this Resolution and shall apply to the Series 1991 Bonds issued pursuant to this Resolution as though fully restated herein. SECTION 23. AMENDMENT OF RESOLUTION WITH CONSENT OF HOLDERS OF BONDS. The provisions of Section 23 of the Original Resolution shall be deemed applicable to this Resolution and shall apply to the Series 1991 Bonds issued pursuant to this Resolution as though fully restated herein. SECTION 24. DEFEASANCE. The provisions of Section 24 of the Original Resolution shall be deemed applicable to this Resolution and shall apply to the Series 1991 Bonds issued pursuant to this Resolution as though fully restated herein. SECTION 25. GOVERNMENTAL REORGANIZATION. The provisions of Section 25 of the Original Resolution shall be deemed applicable to this Resolution and shall apply to the Series 1991 Bonds issued pursuant to this Resolution as though fully restated herein. SECTION 26. ADDITIONAL UTILITY FUNCTIONS. The provisions of Section 26 of the Original Resolution shall be deemed applicable to this Resolution and shall apply to the Series 199! Bonds issued pursuant to this Resolution as though fully restated herein. SECTION 27. CAPITAL APPRECIATION BONDS'. The provisions of Section 27 of the Original Resolution shall be deemed applicable to this Resolution and shall apply to the Series 1991 Bonds issued pursuant to this Resolution as though fully restated herein. SECTION 28. TAX COVENANTS. With respect to any Series 1991 Bonds for which the Issuer intends on the date of issuance thereof for the interest thereon to be excluded from gross income for pur- poses of Federal income taxation: (A) The Issuer shall not use or permit the use of any proceeds of the Series 1991 Bonds or any other funds of the Issuer, directly or indirectly, to acquire any securities or obligations, and shall not use or permit the use of any amounts received by the Issuer with respect to the Series 1991 Bonds in any manner, and shall not take or permft to be taken any other action or actions, which would cause any Series 1991 Bonds to be an "arbitrage bond" within the meaning of Section 148, or "federally guaranteed" within the meaning of Section 149(b), of the Internal Revenue Code of 1986, as amended (in this Section called the "Code"), or otherwise cause interest on the Series 1991 Bonds to become subject to Federal income taxation. (B) The Issuer shall at all times do and perform all act~ and things permitted by law and this Resolution which are necessary or desirable in order to assure that interest paid on Series 199~ Bonds will be excluded from gross income for purposes of Federal income taxes and shall take no action that would result in such'' interest not being so excluded. SECTION 29. DESIGNATED MATURITY OBLIGATIONS. No Designated Maturity Obligations may be issued under this Resolution or may be issued as Additional Parity Obligations without the consent of all companies which have issued a policy of municipal bond insurance insuring any Series of Bonds if the principal amount of Designated Maturity- Obligations maturing in any one year exceeds ~5% of Maximum Bond Service Requirement. 580 MINU S City Commission, Sanford, Florida May 13, 19 91 SECTION 30. OPTION BONDS. No option Bonds may be issued under this Resolution or may be issued as Additional Parity Obli- gations unless the Issuer shall have provided for a liquidity facility to purchase such Option Bonds in the event of a tender for payment at the option of the Holder thereof. Any such liquidity facility must, on the date of issuance of such option Bonds, be rated in one of the two highest rating categories of both'Standard & Poor's Corporation, or any successors thereto, and Moody's Investors Service, Inc. or any successors thereto. SECTION 31. EXPENDITURES PRIOR TO ISSUANCE OF SERIES 1991 BONDS. The Issuer is hereby authorized to expend legally available funds of the Issuer for the Project in anticipation of the issuance of the Series 1991 Bonds. Upon the issuance of the Series 1991 Bonds, the Issuer may be reimbursed for any expenditures made in anticipation of the issuance of such Series 1991 Bonds. SECTION 32. VALIDATION AUTHORIZED. The City Attorney is hereby authorized and directed'to institute appropriate proceedings for the validation of the Bonds and the proper officers of the Issuer are hereby authorized to verify on behalf of the Issuer any pleadings in such proceedings. SECTION 33. NOTES AUTHORIZED FOR INTERIM FINANCING. Pursuant to authority granted by Section 215.431, Florida Statutes, the Issuer is authorized t~ issue its negotiable notes from time to time for the purposes authorized by this Resolution and~for the purpose of obtaining interim financing. Any such notes authorized by the Issuer shall be issued upon the adoption of a resolution by the Issuer §pecifying the amount of notes to be issued, the maturity of such notes, the denomination, date and rate of interest which shall be borne by such notes which shall not be'greater than the highest rate authorized by law. Any such notes issued may be sold in the manner provided by Section 215.431, Florida Statutes. SECTION 34. SEVERABILITY. If any one or more of the covenants, agreements or provisions of this Resolution should be held contrary to any express provision of law or contrary t{~-the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separate from the remaining covenant~, agreements or provisions of this Resolution or of the Series 1991 Bonds issued hereunder. SECTION 35. INCONSISTENT RESOLUTIONS. Ail prior resolutions of the Issuer inconsistent with the provisions of this Resolution are hereby modified, supplemented and amended to conform with the provisions herein contained. SECTION 36. EFFECTIVE DATE. The provisions of this Reso- lution shall take effect immediately upon its passage. PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF this ?~ day of ~~ , 1991. SANFORD, FLORIDA Mayor ATTEST: ~ 1 erk MINUTES City Commission, Sanford, Florida May 15, 19 91 Orr motion of Commissioner Howell, seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Resolution No. 1598 was adopted. Said resolution being in words and figures as follows: RESOLUTION NO. 1598 A RESOLUTION OF THE CITY OF SANFORD, FLORIDA, AUTHORIZING THE FILING OF AN APPLICATION TO THE DEPARTMENT OF ENVIRONMENTAL REGULATION. BUREAU OF LOCAL GOVERNMENT WASTEWATER FINANCIAL ASSISTANCE FOR A STATE REVOLVING FUND LOAN IN THE AMOUNT OF $4,983,000 FOR WASTEWATER TREATMENT FACILITIES EXPANSION, RECLAIMED WATER TRANSMISSION FACILITIES (WESTERLY EXPANSION) AND SANFORD OUTFALL WET WEATHER DISCHARGE LINE; ESTABLISHING PLEDGED REVENUES FOR THE REPAYMENT OF SAID LOAN; DESIGNATING THE CITY MANAGER AS THE AUTHORIZED REPRESENTATIVE TO FILE THE APPLICATION, TO PROVIDE ASSURANCES OF COMPLIANCE WITH LAWS, RULES, REGULATIONS, POLICIES AND CONDITIONS RELATING TO THE LOAN, AND TO EXECUTE THE LOAN AGREEMENT ON BEHALF OF THE CITY. NOW, THEREFORE, BE IT RESOLVED BY THE PEOPLE OF THE CITY OF SANFORD, FLORIDA: 1. An Bureau of Local authorized. The interest rate of Service October application to the Department of Environmental Regulation, Government Wastewater Financial Assistance is hereby amount of the loan to be applied for is 4,983,000 at an 4.23 per cent with amortization over a term of 20 years. The funds are to be used for wastewater treatment facilities expansion, reclaimed water transmission facilities (Westerly expansion) and Sanford outfall wet weather discharge lane. 2. The City of Sanford Water and Sewer Systems subordinated Debt Fund established by Resolution No. 1425 passed and adopted on 7, 1985, is pledged to the extent necessary to provide deb= service on the loan. 3. The City Representative to file Manager is designated as the Authorized the loan application, to provide assurance of compliance with laws, rules, regulations, policies and conditions relating to the loan, and to execute the loan agreement and any other necessary documents on behalf of the City. PASSED AND ADOPTED this ./~ day of ~'~L~--- , A.D. 1991. ATTEST: ~/ City Clerk 582 On motion of Commissioner McClanahan, seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Resolution No. 1599 was read and adopted. follows: Said resolution being in words and figures as RESOLUTION NO. 1599 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SANFORD, FLORIDA AUTHORIZING THE NEGOTIATION OF A LOAN IN AGGREGATE AMOUNT NOT TO EXCEED $4,983,000 FROM THE DEPARTMENT OF ENVIRONMENTAL REGULATION OF THE STATE OF FLORIDA; APPROVING THE EXECUTION AND DELIVERY OF A STATE REVOLVING FUND LOAN AGREEMENT; PROVIDING CERTAIN OTHER MATTERS IN CONNECTION WITH THE MAKING OF SUCH LOAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Sanford, Florida (the "City") has made application to the State of Florida Department of Environmental Regulation (the "Department") for a loan for a project more fully described herein; and WHEREAS, pursuan~ to Section 403.1835, Florida Statutes, the Department is authorized to make loans to local government agencies to finance or refinance the construction of wastewater pollution control facilities; and WHEREAS, it is hereby determined that a need exists to borrow funds (the "Loan") to finance the cost of the acquisition, construction and equipping of the qualifying project described in the Loan Agreement referred to in Section 2 of this Resoiution (the "Project"); and WHEREAS, it is determined to be in the best interest of the City to borrow funds from the Department to finance the cost of the acquisition, construction and equipping of the Project. BE IT RESOLVED BY THE PEOPLE OF THE CITY OF SANFORD, NOW THEREFORE, FLORIDA, as follows: SECTION 1. Due lower interest rates to the ability of the City to receive the benefit of from the Department as opposed to other sources of funds, it is hereby determined that it is in the best interest of the City that the Loan to the City be made as opposed to the City borrowing funds pursuant to a public sale. SECTION 2. The Mayor, the City Manager and the Clerk are hereby authorized and directed to execute and deliver a State Revolving Fund Loan Agreement (the "Loan Agreement"), to be entered into by and between the City and the Department in substantially the form attached hereto as Exhibit A with such changes, insertions and omissions as may be approved by the Mayor, the City Manager and the evidence of such approval. SECTION 3. The amount Clerk, the execution thereof being conclusive of the Loan of the City ~videnced by the Loan Agreement shall not exceed $4,983,000. MINUTE S 5 8 3 City Commission, Sanford, Florida ~ay 13, 19 91 follows: SECTION 4. Pursuant hereby authorized to grant subordinate lien on the Net such Loan Agreement, the City shall and is to the Department a )unior, inferior and Revenues of the System payable solely from amounts deposited and to be deposited in the subordinated Debt Service Fund created pursuant to Resolution No. 1423 of the City, as amended and supplemented (collectively, the "Bond Resolution"). The Loan evidence by such Loan Agreement and all obligations of the City pursuant ~o such Loan Agreement, including the lien on the Net Revenues of_the System provided for in such Loan Agreement, shall be junior, inferior and subordinate in all respects to the lien thereon of the holders of any Bonds 'issued pursuant to the Bond Resc!ution and any additional Parity Obligations issued in conformance with the terms of such Bond Resolution. SECTION 5. Ail capitalized undefined terms used herein shall having the meanings set forth in the Bond Resolution. SECTION 6. The Mayor, the City Manager and the Clerk or any other appropriate officers of the City are hereby authorized and directed to execute any and all certificates or other instruments or documents required by the this Resolution, the Loan Agreement or any other document required by the Department as a prerequisite or precondition to making the Loan, and any such representation made therein shall be deemed to be made on behalf of the City. All action taken to date by the officers of the City in furtherance of the making of the Loan is hereby approved, confirmed and ra:ified. SECTION 7. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED on this day of , 1991. CITY OF SANFORD, FLORIDA ATTEST: ~ity Clerk ~/ Mayor i~""t6:4~he City~'db~ission of the City of Sanford, Florida The Commission next considered board appointments/re-appointments/resignations as cemetery Advisory Board: City Clerk reported that a vacant term expired March 10, 1991, and that the Cemetery Advisory Board recommends the appointment of Patricia Speer, 106 Virginia Avenue, for term to expire March 10, 1994. Commissioner Howell moved to appoint Patricia Speer, 106 Virginia Avenue, to the Cemetery Advisory Board, for term to expire March 10, 1994. Seconded by Commissioner Eckstein and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye 584 MINU S City corhmission, SanfOrd, Flo~al May -' i991 April 18, Be Sanford Housing Authority: City Clerk reported that Teri Buratti submitted her resignation dated April 18, 1991, effective immediately, and that her term expires May 20, 1991. Commissioner Howell moved to accept Teri Buratti's resignation, thanked her for service on said Committee, and to appoint Robbie Robertson to the Sanford Housing Authority for the remainder of the term, plus the new term. Seconded by Commissioner McClanahan and carried by the vote of the Commission as follows: Ce Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Citizens' Advisory Commission on Transportation: City Clerk reported that Teri Buratti submitted her resignation dated April 18, 1991. Commissioner McClanahan moved accept Teri Buratti's resignation, and thanked her for her service on said Committee. Seconded by Commissioner Howell and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Recommendations submitted from Planning and Zoning Commission Meeting of Thursday, 1991, as follows: FROM THE LAND DEVELOPMENT COORDINATOR Apri/ 24, 1991 TO: SUBJECT: City Clerk~ Regularly Scheduled Meeting of the Planning and Zoning Commission, Thursday, April 18, 1991 at 7:00 P.M. in the City Commission Chambers, City Hall, Sanford, Florida RECOMMENDATIONS Unanimously recommended the approval of the request for a Conditional Use for property located at the intersection of 25th Street (46A) and Airport Blvd. in a GC.2, General Commercial Zoning District, for the purpose of the sale of alcoholic beverages (beer and wine) for consumption on premises with a 90 seat restaurant and pub. Owner: Doyle Blake Ent., Inc. Representative: Doyle Blake By a vote of four to three recommended the approval of the request-for a Conditional USe for property located at the corner of park Avenue and 25th Street, 2481 Park Avenue, in a GC-2, General Commercial Zoning District, for the purpose 'of the sale of alcoholic beverages (beer and wine) for consumption on premises with a 42 seat restaurant. Owner: Steven Hardin/Joseph Elbanna Representative: Joseph Elbanna There was discussion from the adjacent residential property owners concerning noise and trash. Mr. Elbanna agreed to have a fence installed around the dumpster if littering was a problem. MINUTES City Commission. Sanford, Florida ~ay 13, 585 19 9] On recommendation of Planning and Zoning Commission, Commissioner McClanahan moved to approve sale of Beer and Wine for COP (Class 5) at both locations as described in Items (1) and (2), above. Seconded by Commissioner Eckstein and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye The next item of business was consideration of an ordinance to establish the City as the unified Solid Waste Management and Recycling provider within the City. On recommendation of City Manager, Commissioner Howell moved to authorize City Attorney to prepare the proper ordinance for same. vote of the Commission as follows: Seconded by Commissioner Thomas and carried by the Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye The Commission acknowledged one lump sum contract invoice in amount of $18,508.49 approved for payment. The next item of business was consideration of an ordinance to create Stormwater Utility. On recommendation of City Manager, Commissioner Eckstein moved to authorize City Attorney to prepare the proper ordinance for same. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Nay The next item of business was consideration of acquisition of the ZOM Property for a Reclaimed Water Irrigation Facility/Park Site. On recommendation of City Manager, Commissioner McClanahan moved to direct Staff to "opt out" of said contract, and authorized the Mayor to execute appropriate documentation regarding same. Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye The Commission next considered Consent Agenda items as follows: A. Requests for payment of statements. (1) From Jammal & Associates for: Contamination Assessment at Police Department Site .... $ 8,623.00 (a) (b) UST Leak Soil Initial Remedial Action at Civic Center.$ 630.00 (c) Master Wastewater Pump Station ........................ $ 458.00 (d) Car, Utility Department Site .......................... $ 277.50 (2) From City Attorney for Professional Services for the B. (1) month of April, 1991 ....................................... $ 3,140.50 Bid ~90/91-36, Fitness Equipment, (Fire Department). Memo and bid tabulation submitted as follows: ,586 MINU S City Commission, Sanford, Florida May !3, 19 91 City of Sanford Fire Department TO: City Manager ~ FROM: Assistant Fire chief R.M.Neel f~ ~L-- DATE: 05./02/91 SUBJECT: Bid #90/91-36 (Fitness Equipment) The Fire Department recommends that the City accept the bid which meets specifications from Fitness Showcase in the amount of $2,270. for fitness equipment. The reasons are as follows: 1. Low bidder, Buckeye Barbell, provided no support information to indicate compliance with specifications. 2. The low bidder does not have a local office or representative to service or set up the equipment. Funds are available in account #001-0000-594-03-00. Office Memorandum BID TITLE_ 90/91-36 BID NUMBER OPENING DATE_03/28/91 TIME 2:00 BID TABULATION FITNESS EQUIPMENT r~,~ ~ ~,~. ^ P~m~ ~,~,,, ~z ~,~ ~m~ OPENED BY: WALTER SHEARIN TABULATED BY: D.J.LUCE, LT. VERIFIED BY: POSTING TIME/DATE FROM: ; / ,,.UNTIL__ ,/ .PAGE_ ] OF ~ PAGE(S} ' MULTI USE WIND WALK BIDDERS TERMS MACHINE MACHINE DELIVERY ', ,-SeH"~:'EI~F~,, ~~ ~ ,~~~ 30 DAYS ' WORTHINGTON ~ , 695. , 289. 24.9. '' ~ I I ¢ .o . I REMARKS: CI,~CLgD PRICg INDICATES AWARD 001-0000-594-03-00 7 REQUESTS - 2 RESPONSES City Manager recommended acceptance of low bid, meeting specifications, from Fitness Showcase in amount of $2,270.00. (Lower bidder provided no support information to indicate compliance with specifications, and has no local office or representative to service or set up the equipment.) MINUTES City Commission, Sanford, Florida May 13, 587 _ 19 91 (2) Bid #90/91-39, Interior Refurbishment of two Groundwater Storage Tanks, (Utility Department). Memo and bid tabulation submitted as follows: May 3, 1991 ~~~ To: City Manager From: Utility Director Re: Bid #90/91-39 Interior Refurbishment of Two (2) Ground Storage Tanks (Water) Bill - On 04/30/91, bids were opened for the interior refurbishment of two (2) prestressed concrete water storage tanks. One tank is located at our Main Water Treatment Plant - Golf Course (north tank) and one is located at our Number 2 Plant (north tank) on Highway 17-92 south of Airport Boulevard. The work involves cleaning, minor concrete patching and painting the interior of the tanks. Bid packages were mailed out to 21 contractors with 10 responses. The attached bid tabulation lists the various contractors with their associated bid prices. The low bid came in substantially below original estimates and over $9,000 less than the next lowest bid. The low bidder, Victory Painting from Tarpon Springs, did not visit the site before they submitted their bid. They did come out on 05/01/91 to inspect the job. The owner, Mr. Elenis, after inspecting the job stated that he did not include painting the baffle wall in his original price but will perform all the work as specified at their bid price. Due to the nature of this project and the potential for poor quality work, it is recommended that the City hire an outside professional inspector to ensure that the contractor meets specifications. Cost for this type of inspection is approximately $4,000. It is recommended that this bid be awarded to the low bidder, Victory Painting, in the amount of $39,444.00 and that an outside inspector be hired for approximately $4,000. Funds for this work are available in account numbers 451-4521-536-46-04 ($30,000) and 451-4522-536-46-04 ($30,000). PM/dh Attachment ,'2,~ GROUND STORAGE TAN~ ·~'' · r%~ ~ L~-% i I~1~ "Walter She~rin TWO ~ID TITLE ,,~,,~,~,m~,.,~ ~ OPENED BY: ........... BID NUMBER 90/91-39. mma~.~,~,,,,~,~r5 'TABULATED BY:.Paul Moore OPENING DATE 04~30101TIME .2,00 D.m~~a~m~m~-~ VERIFIED BY: Jim. Cohen POSlING TIME/DATE FROM:~ / UNTIL /. , PAGE ~ OF "~ PAGE{SI BIDDERS TERMS ~K, 1 ~..2 TOTA~ START DAT~ COMPLETE Lynch Construction Orlando $1%194.20 $22,194.20 $39,388.4C 30 days 30 days Ridge Painting Co. Lake Alfred 20,932.00 27,280.00 48,212.0C May. 15 Aug. 15 Hi Line Contractors Orlando . 20,092.00 .26,096.0C 46,188.0( Mayl5 June 15 . .. Monoko, Inc. Tarpon Springs 19,442.00 22,441.0C 41,883.0( May 15 July 15 10 'days WinterNati°nalspringsBridge Paint:~g 1~,735.00 20,100.0~ ....... 34,835.0( After~' 30 da_~s ~icto~7 Painting ~ %~T~_arpon Sp...rin3s _.~ 10,375.0.0 9,069.0C ~ ilO.days 30 days .... Sieg & Sons, Inc. Deland ~ 12,776.00 15,776.0C 28,552.0( As needed 30 days Service Painting · Orlando . 23,500.00 30,900.0C 54,400.0( June 3 August 9 1 C~ Enterprises Apopka 14,777.00 15,777.0C 30,.554.0( 30 days ,90 days Frontier Enterprises Tarpon Springs 21,863.10 34,241.4C 56,104.5( Irm~diatel ~30 days 21REQUESTS-10RES~ES ~J~DSAVAILABLE IN ACCOUNTS~ 451-4521-536-46-04 & 451-4522-536-46-04 City Manager recommended acceptance of lowest bid, from Victory Painting'~- in amount of $19,444.00, and authorization to hire outside inspector in amount of approximately $4,000.00 to ensure that contractor meets specifications. 588 ]%/I'T"I%TT T~ ~ .............. ' :'- .,LV.~.,~.A · ~ ..L ~ k,~ City Commission, Sanford, Florida (3) Bid ~90/91-41, Roof Repair - Fort Mellon Picnic Pavilion, (Parks Department). Memo and bid tabulation submitted as follows: MS~ORANDUM DATE: May 1, 1991 Direct°r °f Parks ~' ~ TOT: City Manager ~'~' ' SUBJECT: City of Sanford Bid 90/91-41 RE: Roof Reapir Ft. Mellon Picnic Pavillion Director of Parks recc~mends award of bid in the amount of $2,400.00 to Big Oak Construction of Sanford as low bidder and meeting specifications. Amount: Budgeted $2,500.00 Acct. 001-5051-572-62-00 Buildings JRJ/kvo Copy: Walter Shearin, Purchasing Agent BID 'I"ABULATIO N lie TITLE R._i_~f Repair (Ft._MaliGn Park) .~,~A~l~lm~z~aoum OPENED llf2NUMBER 90/9L-.41 ..... ru~,r,t,~.~u,~-..n~r.n~r~ TABULATED BY: am ~ern±qan 'GIFTING TIME/DATE FROM: .... · .... /- UNTIL,, / J~AGE-_ ..... OF ' PAGE(S) BIDDERS TERMS AMOUNT START COMPLETE A~ cock ~ nford, FL 3400.00 May 13 May 17 I S~nford, FL 2400.00 , ~. 15 days " ,, T( am Construct%on -- , ~2 tamonte Spgs, FL 2617.00 May 15 May 20 A~ plied Rite S~ nford, FL N/B REIIARK$: CX. ICLID PI~XCIt INDICATES AWARD 8 ReqUests - 4 Respo~pses . Amount Appropriated in Budget $2,500.00 Acct.# 001-5051-572-62-00 Buildings '- City Manager recommended acceptance of lower bid., which met specifications, from Big Oak Construction in amount of $2,400.00. MINUTES City Commission, Sanford, Florida 589 19 9] C., Approval of Vouchers for the month of April, 1991. D. Approval of Minutes of April 22, 1991 Work Session, and April 22, 1991 Regular Meeting. On motion of Commissioner Thomas, seconded by Commissioner McClanahan and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye the Commission: A. B. Approved payment of statements (1) through (2). ~ (1) Accepted low bid, meeting specifications, from Fitness Showcase ina mount of $2,270.00. (2) Accepted lowest bid, from Victory Painting in amount of $19,444.00, and authorized Staff to hire outside inspector in amount of approximately $4,000.00 to ensure that contractor meet specifications. (3) Accepted lower bid, which met specifications, from Big Oak Construction in amount of $2,400.00. Approved Vouchers for the month of April, 1991. Approved Minutes of April 22, 1991 Work Session, and April 22, 1991 Regular Meeting. Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye Commissioner Thomas reported that a light is needed at 9th Street and Holly Avenue to Pecan Avenue and 8th Street. City Manager reported he will review and provide an inventory of lights in the area, and recommendation regarding same. City Manager reported that the Rotary Club has requested a waiver of Civic Center rental fees, and required two-off duty police officers, for an installation banquet on June 24, 1991. On recommendation of City Manager, Commissioner Eckstein moved to deny request to waive Civic Center rental fees; Rotary Club to pay alcoholic beverage rate in amount of $550.00, and to require hiring one off-duty police officer. Seconded by Thomas and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye The next item of business was consideration of a request to purchase (6) six additional police cars. On recommendation of City Manager, Commissioner Eckstein moved to authorize the purchase of (6) six additional police cars; (4) four or (5) five to be purchased with available COP interest funds for FY 1991/92, in amount not to exceed $60,000.00, as allowed under Section 3.4 of the Lease Purchase Agreement; the balance to be funded from a portion of surplus monies in police budget, and law enforcement trust fund, and authorization to amend the Project Equipment List "Exhibit B". Seconded by Commissioner Thomas and carried by the vote of the Commission as follows: 590 City Commission, Sanford, Florida Iqay 1L ~99! On request and recommendation of City Manager, Commissioner Thomas moved to authorize Staff to begin procurement procedures to purchase equipment for Solid Waste Management, with total acquisition in amount of $384,410.00. Seconded by Commissioner Howell and carried by the vote of the Commission as follows: Mayor Smith Aye Commissioner Eckstein Aye Commissioner Thomas Aye Commissioner McClanahan Aye Commissioner Howell Aye There being no further business, Attest: the meeting was ~djgurned.g ~, t~'A ~.,j 0 'R '