HomeMy WebLinkAboutMinutes Council 020165QUORUM:
MINUTES OF
MEETING OF
DECEMBER 14,
1964:
PALM BEACH GARDENS
POLICE DEPARTMENT
REPORTS FOR DECEM-
BER, 1964; JANUARY,
196-5 AND FOR=
PALM BEACH GARDENS
VOLUNTEER FIRE DE-
PARTMENT REPORTS
FOR DECEMBER,
X11 2 YEAR
PALM BEACH GARDENS
BUILDING DEPART-
MENT REPORTS FOR
DECEMBER, ,
JANUARY,
AND YEAR 4:
CITY OF PAIN BEACH GARDENS
MINUTES OF REGULAR MEETING OF CITY COUNCIL
HF.T,D ON MONDAY, FEBRUARY 1, 1965,
The regular meeting of the City Council was held at the Howell
Watkins Junior High School, Palm Beach Gardens, Florida, on Monday,
February 1, 1965, at 8:00 P.M.
Vice Mayor Horace S. Miller called the meeting to order. The
City Clerk called the roll of City Commissioners and announced that
a quorum of the City Council was present.
The City Clerk read in full the Minutes of the regular meeting
of the City Council held on December 14, 1964. Upon motion duly
made, seconded and unanimously adopted, these minutes were approved
as written.
The City Clerk then read the reports of the Palm Beach Gardens
Police Department for the months of December, 1964 and January, 1965,
as well as the annual report for 1964. These reports were approved
as read.
The City Clerk then read the report of the Palm Beach Gardens
Volunteer Fire Department for December, 1964 and the annual report
for 1964. These reports were approved as read.
The City Clerk then read the reports of the Palm Beach Gardens
Building Department for the months of December, 1964 and January,
1965, as well as the annual report for 1964. These reports were
approved as read.
Minutes of Regular Meeting of
City Council of February 1, 1965 Page 2
C0 ESPONDENCE: The City Clerk then read in full correspondence received by the
City Council since the preceding meeting, including a letter from the
CRUSADE FOR CHRIST dated January 20, 1965.
PURCHASE OF Upon motion duly made, seconded and unanimously adopted, the
EQUIPMENT FOR
PALM BEACH GARDENS action of Vice Mayor Horace S. Miller in purchasing hose, adapters
VOLUNTEER FIRE DE-
PARTMENT? WORKMEN'S and other incidental fire fighting equipment, in order to equip the
COMPENSATION AND
PUBLIC LIABILITY LaFrance Pumper, for the sum of $1,149.56, was ratified and affirmed.
INSURANCE:
Again, upon motion duly made, seconded and unanimously adopted, the
action of the Vice Mayor in securing workmen's compensation and
public liability insurance coverage for the members of the Palm
Beach Gardens Volunteer Fire Department from Southeast Title and
Insurance Company, effective at 4:00 P.M. on February 1, 1965, and
the expenditure of the sum of $229.80 as insurance premiums therefor,
was ratified and affirmed.
PURCHASE OF Upon motion duly made, seconded and unanimously adopted, the
POLICE CAR:
action of the City Council in purchasing a 1965 four -door Dodge
automobile as a police car, for the sum of $2,280.75,was ratified
and affirmed.
PURCHASE OF Upon motion duly made, seconded and unanimously adopted, the
TREASURY BILLS
AND CERTIFICATES action of Vice Mayor Horace S. Miller and City Clerk W. L. Cargill
OF DEPOSIT:
in purchasing out of 1964 ad valorem tax receipts $60,000.00 in
United States Treasury bills and $90,000.00 in certificates of
deposit in First Maxine Bank, Riviera Beach, Florida, for a total
price of $149,053.06, was ratified and affirmed.
Minutes of Regular Meeting of
City Council of February 1, 1965
Page 3
UT�ITIES LEASE Vice Mayor Miller reminded the City Council that the City had
GRE
leased the utilities system from Bankers Life and Casualty Company
between January 2, 1963 and December 31, 1964, and that this lease
had now expired. He stated that negotiations between the City and
Bankers Life had resulted in a new lease for a six -month period,
with an option for an additional six -month period. This agreement
also provided for a franchise to be granted by City to Bankers Life
at the termination or expiration of this lease. Vice Mayor Miller
OPERATION OF
SEWAGE TREATMENT
PIANT; NEW PALM
BEACH GARDENS HIGH
SCHOOL:
om
recommended that the City Council enter into this lease. After further
discussion, the following resolution was made, seconded and unanimously
adopted.
BE IT RESOLVED, by the City Council of PAIN BEACH
GARDENS, that the CITY OF PALM BEACH GARDENS enter
into a utilities lease agreement with Bankers Life
and Casualty Company, a copy of which agreement is
attached hereto and made a part hereof, and
BE IT FURTHER RESOLVED that Vice Mayor Horace S.
Miller and City Clerk W. L. Cargill be, and the
same hereby are, authorized and empowered to
execute said agreement by and in behalf of the
CITY OF PALM BEACH GARDENS.
Vice Mayor Miller informed the Council that Royal American
Industries, Inc., had entered into a contract of sale with the Board
of Public Instruction of Palm Beach County, Florida, for the sale to
the latter of 20.087 acres in the immediate vicinity of the sewage
treatment plant for the purpose of constructing a new high school.
The Board of Public Instruction had requested that the City operate
Minutes of Regular Meeting of
City Council of February 1, 1965
PROPOSED CHANGES
TO CITY TRAFFIC
SYSTEM:
APPOINTMENT OF
DEPUTY SUPER-
VISORS OF REGIS-
TRATION:
u
Page 4
the sewage treatment plant in such a manner as not to interfere with
the school; and Vice Mayor Miller recommended that a resolution to
this effect be adopted. Whereupon, the following resolution was
duly made, seconded and unanimously adopted:
WHEREAS, the Board of Public Instruction of Palm
Beach County, Florida, desires to construct a new
high school within the territorial limits of the
City of Palm Beach Gardens, and specifically in the
vicinity of the existing sewage treatment plant, and
WHEREAS, the City is desirous of having this new
high school located within its boundaries and in
the general area of the sewage treatment plant,
BE IT, THEREFORE, RESOLVED, that, in consideration
of the Board of Public Instruction of Palm Beach
County locating its high school within the terri-
torial limits of the City, the City will, and hereby
commits itself to, operate its sewage treatment plant
in such a manner as to in no way interfere with the
operation of this new school plant.
Vice Mayor Miller informed the City Council that he had received
a report from the Safety Committee of the Palm Beach Gardens Home
Owners Association dated November 16, 1964, and that he had discussed
this report with Captain Charlie A. Root. Vice Mayor Miller stated
that a number of recommendations made by the Safety Committee had
already been put into force, and that certain other of the recommendations
would be adopted shortly. However, he stated that, in the opinion
of the Palm Beach Gardens Police Department, changes in the speed
limits on streets located within the City should not be reduced be-
low those limits set forth under existing ordinance.
Vice Mayor Miller stated that there was a need for additional
Deputy Supervisors of Registration. Whereupon, Michael E. Jackson,
Minutes of Regular Meeting of
City Council of February 1, 1965
OATHS OF OFFICE:
ADJOURNMENT:
Page 5
William D. Stellman and Leon H. Crawford volunteered their services
in this capacity. Vice Mayor Miller recommended that they be appointed
as Deputy Supervisors of Registration. Whereupon, the following
resolution was made, seconded and unanimously adopted:
BE IT RESOLVED by the City Council of PALM BEACH
GARDENS that Michael E. Jackson, William D. Stellman
and Leon H. Crawford be, and the same hereby are, ap-
pointed as Deputy Supervisors of Registration,
effective immediately.
The Oaths of Office of Michael E. Jackson, William D. Stellman and
Leon H. Crawford, as Deputy Supervisors of Registration, are attached
hereto.
There being no further business to come before the meeting, upon
motion duly made, seconded and unanimously adopted, it was duly adjourned.
ATTEST:
W. L. CARGILL,J CiAy lerk
APPR
ItORACE S. MILLER, Vice Mayor
(Absent)
NORMAN DJ. ROWLA.ND
r6rI&I
WALIAM L. CARGILL ' "
PAUL D. DOOLEN
L. J. L HAN
HORACE S. MILLER �-1.
UT4;TtXS LEASE AND.FIWCHISE AGRHZWT
THIS LEASE AGRUWNT made this 1st day of ftbruary, 1965.
]PARTIES: The parties to this agreement are HANKERS LIFE AND CASUALTY COMPM,
an Illinois corporation duly licensed to do business in Florida, hereafter
referred to as "BANKERS," and CITY Of PALM BE&CH CAIDINS, a municipal cor-
poration organiaad and existing under the Laws of Florida, hereafter referred
to as "CITY." Wherever used herein, the terms "HANKERS" and "CITY" include
the parties to this agreement, as well as their successors and assigns.
WNSIAERATION: The consideration for this agreement shall be the mutual covenants,
representations, and warranties of the parties to this agreement, and each of
than, as welt as the rent hereinafter reserved.
STATM SNT 0F,,,.7ACT&: Since January 2, 1943, CITY has been leasing from BANKERS the
water distribution and sewage treatment pleats, pipelines and mains, wells,
lift stations and servicing facilities and equipment, together with the natural
gas pipelines and mains, regulator stations, servicing facilities and equipment
for the sale and distribution of natural got from the Florida Gas Transmission
Company. Both BANKERS and CITY are desirous of removing this leans arrangement,
and of providing BANKERS with the right to secure a franchise from CITY for
the operation of the utilities system at the expiration of such a lease, upon
the terms and conditions hereafter set forth:
$Ri.IPERTY ,LEAASM BOXERS hereby agrees to lease to CITY, and CITY hereby agrees
to rent from BANKERS, the following described property, to-wit:
WATER AND SEWAGE
?i LITY PLANT. 1. That certain water distribution and sewage disposal plant,
together with the 20.58 acre parcel of land on which time same is situated
and described as follows:
The westerly 1,280.80 feet of the easterly 1,380.40 feet of the
northerly 700 feet of the southerly 1,950 feet of Section 12,
Township 42 South, Range 42 East, Palo Beach County, Florida,
containing 20.58 acres, more or less;
WATER AND SEWAGE
UTILI17t SYSTB : 2. All presently existing and installed water mains (both trunk
and distribution), metering equIpment, wells, together with all presently exist-
ing and installed sanitary lines (both trunk and collection), force mains and
lift stations (master and normal);
NATURAL CAS
UTIUTY Synw. 3. All presently existing send installed natural Vs trunk
(feeder) and distrihotton mains, regulator stations, service lines, customer
and regulator meter installations, together with all that certain machinery
downstrom from the Florida G" Transmission Company metering equipment (in-
cluding, but not limited to, the odoriser tank and equipment.
ShBSIQN: CITY shall be entitled to possession of the leased property
described above immediately upon cncement of the term of this lease.
TM AND
ROMWA
$: ' The terms of this lease shall be six (6) months, cueing on
January 2, 1565 and expiring on June 30, 1965, provided, however, that CITY
may renew this lease for an additional period of six (6) months (said renewal
period to commence on July 1, 1565 and expire on Dec —htr 31, 1965) by first
sending B&NMS written notice of its election to renew this lease no later
than thirty (30) days prior to the expiration of the initial term.
A�1 DITI00% ,MW: As react for the leased pr --ie*s and facilities set .forth herein,
CITY covenants and agrees to pair to BAnxaltS a guaranteed minims net rental
of Ten Dollars ($10.DO) per month for the initial tam of this lease (and a
like guaranteed minimum rental for the renewal period, if any). In addition
to said guaranteed minimum rental and as additional, rental hereto, CITY
covenants and agrees to pay to BAhii68hhS such additional sum as will provide
a fair return on the replacement or reproduction value of the leased promises
and facilities, provided, however, that in no case shall such additional rental
exceed the not revenue derived from the operations of the aforesaid buildings,
equipment, machinery, and facilities, less the sum of One Hundred Dollars
($100.00) per month which both CITY and BA RS agree to allow CITY as a
matngswent fee. This additional rental will he paid by CITY to BAMRS as
soon after the preceding thirty -day period as is possible, and sheen be
accompanied by such documentary evidence submitted by CITY's accountants as
will demonstrate to BASMS' satisfaction that Bkxmmx is receiving the maximum
additional rent to which it is entitled. RANKRRS agrees to accept such
documentary evidence as conclusive proof of the additional rental being paid
by CITY; and, under no conditions shall BAh1hGBRS be entitled to audit CITY's books.
2
i0tPAVA: CITY covenants and agrees to maintain and keep repaired any and
all buildings, equipment, machinery, erect facilities leased to it by BAiR3
hereunder and to keep the saw in good condition and repair at all times.
Such repairs shall Include, but shall not be limited to, the replacement
of all worn, damaged, and /or defective parts or mechanisms, airing, and pipes
or pipeline *. CITY shall make all such repairs at its om cost and expe=nse
from revenue derived from operations of the aforesaid buildings, equipment,
machinery, and facilities. At the expiration of the initial period of this
Iesse, and of any removal period, all buildings, equipment, machinery and
facilities leased hereunder, imluding air replacements or substitution& thereof
or repairs thereto as" by CITY, shall be and become the property of and belong
to Booms.
P SU$UM'. CITY covenants stud agrees that it will at all times during the
Initial tasm of this lease, and during ash► renewal period, have and keep all
buildings, equipment, machinery, and facilities insured against loss or damage
due to fire and other casualty, in an amount not less than their full insurable
vapor and with an insurancs company aeaeptable to BUNMRS. CITY likewise
covenants and agrees to carry requisite Workman's Compensation insurance,
and general liability Insurance, with $100,0001$300,000 limits, and to require
any and all of its subcontractors to do likewise, In each and every case,
CITY covenants and agrees to hold WWMM harmless from and against any and
all liabilities, claim and demands of every kind and nature whatsoever,
arising out of or In any lay appertaining to CITY'S mazwomant and /or operation
of the leased pr±!fsea, buildings, equipment, machinery, and facilities.
4 sION or
UTZIT . SYSM It is anticipated by and between CITY and DANXKU that CITY
will be called upon, from time to times, during the initial term of this lease,
and during say removal period, to extend its utilities system and operations
into areas of PAIM BRACH GARDZM$ not presently sae serviced either in whole or
in part. It is likewise anticipated by and between CITY and BAXKUS that it
will tree necessary to Improve the existing water plant. The parties hereto,
and each of these, covenant and agree that any and all such extensions of
and improvements to utilities, whether water, sowase, or natural gas, as
3
well as any and all modifications and /or repairs to existing utilities, shall
be done by CITY. CITY shall purchase for its own account and at its cost
and expense derived from operations of the aforesaid buildings, equipment,
machinery, and facilities, whatever supplies, tools and materials are required
for the aforementioned extension, Improvement, modifications and /or repairs.
At the expiration of the initial term,, or the renewal period, all unused
inventory of supplies, tools, acrd materials shall be turned over to and
become property of SANRBRS at CITY's cost. All work performed or to be
performed in accordance with the agreement shall be done in a competent and
efficient manner; and CITY shall and does covenant and grant the quality
and workmanship of any such *urrovemment.
CITY shall finance the aforesaid extensions of or Improvements
to utilities in the following manner:
(1) When any such extension or extensions shall require the
construction or erection of trunk lines or mains, plants, swells, savage lift
stations, or Mural gas regulator stations, BANKKBS agrees to furnish and
CITY agrees to accept, any and all such meanies as are required to that end.
(2) Men any such extension or extensions, improvement or
improvements shall require the construction or erection of distribution mains
or collection lines, or any utilities installations other than those specified
in the preceding subparagraph, CITY covenants and agrees to make, '+_ose and
collect special assessments against and upon the property owners whose real
estate is benefited thereby in the manner provided by law. Such assessments
shall be prorated among the property owners based upon not only the acreage
involved but also the total benefit derived. In any case, the total smount
of such assessments shall be sufficient to finance the extensions of the
utilities systems as called for by this subparagraph to the full extent per-
mitted by law.
Upon expiration of the initial terms of this lease, or any renewal
period, any and all extensions (whether constructed or erected in accordance
with subparagraph (1) or subparagraph (2) above), modifications, improvemmsnts
and /or repairs, upon and to the utilities system (water, sewage and natural
gas) shall became the property of and berg to BAs( U.
V
s
FaA1MIS-g: Whenever this lease expires or is terminated, CITY, by
ordinance shall grant to BANKERS, and BANKERS shall accept from CITY, a
franchise to operate the aforesaid utilities system for a term not longer
than thirty (30) years. Said franchise shall provide for such utilities
of return
rates as will provide a fair rate /to BANKERS on the replacement or repro-
duction value of said utilities. Said franchise may be accepted by BANKERS,
in its own name or in the name of its nominee.
DUA%T: if CITY shall violate or default in any of the covenants,
conditions, or agreements herein contained, and any such violation or default
shall continue for a period of fifteen (15) days after BANKERS notifies
CITY in writing of such violation or default, then and in that event BANKERS
shall have the option to declare this utilities lease agreement forfeit and
at an end and the balance of the lease term, whether initial or renewal,
terminated, and thereafter to re -utter the leased premises and to repossess
the leased plant, equipment, machinery, and facilities (including any extensiaua,
modifications, improvements and /or repairs to any or all of came), with or
without legal process, using such reasonable force as may be necessary to
i
effect this purpose. However, any such violation or default by CITY shall
in no mast terminate the right to a franchise herein granted to BANKERS,
Irrespective of whether B&MMM enforces its rights with respect to such
violation or default as set forth above. CITY further covenants and agrees
that, in addition to all other monies payable or to be paid hereunder, it
will pay to B&NEMS each additional sums as a Court of competent jurisdiction
may adjudge reasonable as attorney's fees and expenses in any snit or action
instituted by MMRS to enforce the provisions of this agreement, or any
of thew.
TIPHIM&TION: lutything to the contrary herein notwithstanding, either CITY
or BANKERS may terminate the lease heroin provided prior to the expiration
Of the initial term (or the renewal period, if any) by giving the other party
a
written notice of such termination not less than sixty (60) days prior to the
data said termination is to become effective. However, from and after the
date said termination is to become effective, CITY shall expect BANKERS to
operate said utilities plant under the franchise heroin provided and BANKERS,
P
on its part, *ball be entitled to resolve such a franchise from CITY.
A "mss CITY covenants and agrees that it will not sisll, assign.
or otberxiae dispose of this utilities lasse agreement in aMq oamxer swbat-
soaver Witbeut the prior Written ewaent of UNKERS, and tbAL SAY &ttaopt
on the part of the Cr Y to do so :ball be a breach and violation of this
agreement, entitling BANZM to declare this lease forfeit in tbs some manner
as set forth above.
Ik R: Nothing stated mein shall deny BA11>fJ1Rg the right to waive any
violation or breach of the covenants, editions or agraomiants barein contained.
but any amch waiver or waivers of any such violation or breach *hall not be
conatrwd as a waiver of any suet violation or breaaht nor shall the
consent or approval of MMiS to any act of CITY requfto somMSI consent
or approval to aay sabeequannt 0*-4-lar act by CITY.
IN WrMSS WIERtLI9I', the parties hereto have set tbeir bands
.. .....
Ad seals the day first above :written.
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Rovard IL cavil
Anti it sisCant Se
- . AiaYai rF
BAiilC8R8 AND CKSUKLTY COX" iY
BYL. J. Lebane, Vice ..
Chairman
CITY "L* il1CR g
sy- I
�/
e tier, vice Mayor
6
CITY OF PALM BEACH GARDENS
OATH OF OFFICE
STATE OF FLORIDA )
COUNTY OF PALM BEACH )
We, the undersigned, and each of us, do solemnly swear that we will support
and protect and defend the Constitution and government of the United States and
of the State of Florida against all enemies, domestic or foreign, and that we,
and each of us, will bear true faith, loyalty and allegiance to the same; and
that we are entitled to hold office under the Constitution of the United States
and the Constitution and Laws of the State of Florida, and that we, and each
of us, will faithfully perform all of the duties of the office of Deputy
Supervisor of registration of the CITY OF PALM BEACH GARDENS, FLORIDA, upon
which we, and each of us, are about to enter, sso' help us God. t
i�'1�r�i P �p /J" \J�. ( ,s� % ✓ ?✓' t_.`�j""� ..., - l.<. f , >-' ] Zr'��� �r �- �.L..."`° �""L /e,J
ATTEST: ' L � A� �a, Mn �
W. L. Carg ,, " e, Cleric`
DATED: February 1, 1965
r
U STATE OF FLORIDA )
COUNTY OF PALM BEACH )
Before me this day personally appeared MICHAEL E. JACKSON, WILLIAM D.
STELLMAN and LEON H. CRAWFORD, who, being first duly sworn, depose and say
that they will faithfully and impartially execute the duties of Deputy
Supervisor of Registration of the CITY OF PALM BEACH GARDENS, FLORIDA, to
the best of their ability and understanding.
William L. Cargill J 1
City Clerk