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HomeMy WebLinkAboutMinutes Council 011061CITY OF PALM BEACH GARDENS MINUTES OF CITY COUNCIL - TUESDAY, JANUAHY 10, 1961 A meeting of the City Council was held at 1001 Park Avenue, Lake Park, Florida, on Tuesday, the 10th day of January, 1961 at 10:00 o'clock A.M. The meeting was called to order by the Mayor. QUORUM: The Clerk declared a quorum of the City Council to be present. DEDICATION OF The Mayor presented to the Council an offer dated December 27, _ PUBLIC 1960 from Bankers Life and Casualty Company to dedicate lands USE: for public use in the City of Palm Beach Gardens in accordance with their letter of transmittal and map attached thereto. A discussion of offer was entered into by the Council and the Mayor related his discussions with the City Attorney in regard to the rights of a City through its public works department under Chapter 167 of the Florida statutes to -1,erform certain public works - (1) That a City may regulate, improve, alter, extend and open streets, construct drains and sewers and charge those who benefit such reasonable assessments as may be agreed upon, (2) That if at any time the Council shall deem it necessary or expedient for t-ie preservation of public health, it may come upon lards in the corporate limits lying lower than established street grades, and ditch, drain, fill and otherwise improve the same and lvy special assessments for the work unless other- wise agreed upon. (3) That in the event the City through its public works department perform any work as outlined it would be necessary to obtain waivers of any damage resulting to Bankers Life and Casualty Company in coming on their property, and that an agreement could be entered into for work performed in lieu of special assessments. After further discussion of the offer, and advice and suggestions of the City Attorney, the following resolution was moved, seconded and unanimously adopted: (1) That the City would regulate, and through its public works system improve, alter, extend and open streets, construct drains and sewers and charge those who benefit such reasonable assessments as may be agreed upon. (2) That because of the improvements in Plat #1 of PALN< BEACH GARDEN &STATES, the settlement of families, homes and schools therein, and the now proposed dedication of land, that the City deems it necessary for the preservation of the public health to perform through and by its public works department, the ditching, draining, filling, and otherwise improving of lands in corporate limits lying lower than established street grades, and particularly those lands adjacent and contiguous to the subject of offer to dedicate of Bankers Life and Casualty Company. IT WAS FURTHER moved, seconded and adopted that inasmuch as the offer of dedication f ;.iled to provide for waiver of damage to the lands of Bankers Life and Casualty Company, and that no provision having been made in the offer of dedication for payment of work performed by the public works department in lieu of special assessment that offer of dedication was unacceptable in its present form and that the Mayor be instructed to advise the Bankers Life and Casualty Company of its action, ant] that an offer of dedication would be unacceptable unless it provided for: (1) Waiver of any action for damage Bankers Life and Casualty Company may have against the City for coming on its lands with equipment. (2) Waiver of right of special assessment. (3) Agreement for payment of work performed and to be performed by the public works department on the proposed project, and others of lake nature on a cost -plus nature, and that the Mayor inform the said. ccrnptny by letter of its action. Upon motion, the meeting thP-Aiinnn Adinnrned_\_ ATTEST: ' NORMAN B. RUdLPM, CLERK P OLEN ,/ HORACE S. MILLER *CHARLES A. CUNNINGHAM *This member has failed to take the oath of office. C 0 U N C I L EMPORARY OFFICES 1001 Park Avenue Lake Park, FforA. Tel. VI 8 -1401 0 Ill CITY OF PALM BEACH GARDENS Bankers Life and Casualty Company 1001 Park Avenue Lake Park, Florida OFFICIALS Mayor . . . H. B. Thompson City Clerk ... N. D. Rowland City Trees. . . . Ruth Kerr January 100 1961 Be: OFFER TO DEDICATE LAND - PLAT #3 PROPOSED JOB 38-1 Gentlemen: The Council of the City, after discussing the offer referred to above have requested me to advise you that pursuant to Chapter 167 of the Florida statutes in relation to powers of municipalities, it is provided in substance: (1) That a City may regulate, improve, alter, extend and open streets, con- struct drains and sewers and charge those who benefit such reasonable assessments as may be agreed upon. (2) That if at any time the Council shall deem it necessary or expedient for the preservation of public health, it may come upon lands in the corporate limits lying lower than established street grades, and ditch, drain, V-31 and otherwise improve the same and levy special assessments for the work unless otherwise agreed upon. That because of the improvements in Plat #1 of PALL BEACH GARDEN ESTATES, the settle- ment of families, homes, and schools therein and the now proposed dedication of land, the City deems it necessary for the preservation of the public health to perform through and by its public works department the powers set forth in paragraphs marked 1 and 2 herein. That, as a consequence, it will be necessary for the City through and by its public works department to come upon lands the subject of the offer and lands adjacent or contiguous thereto and alter and extend streets, construct drains and sewers and on Bankers land- lying lower than established street grades, ditch, drain, fill and other- wise improve the same so that the comprehensive development plan of streets, ease- ments, waterways and approaches for the City, proposed by Brockway, Weber and Brock- way, Engineers, West Palm Beach, Florida, and numbered TL 1117, July 1958, and as from time to time amended and as referred to in the Offer of Dedication may be carried out. The City, therefore, gives notice that before Bankers' Offer of Dedication is accept- able, it will, be necessary for your company, as recommended by the City Attorney, - Bankers Life and Casualty Company 1/10/61 Page 2 (1) To come to an agreement on payment of work performed and to be performed by the public works department on the proposed project and others of like nature. (2) Waiver of any action for damage Bankers might have against City for coming on its lands with equipment. (3) Waiver of right of special assessment against other properties. Very truly yours, \HPIMERT 01� PAI Iii R� UCH GARDENS By. 1 y P. ``PHOM OR H13T : ys -3 CORPORATION 2133M, ACCOM TO M ERA'BEACH BANK, RIVIERA BEACH, FLORIDA Yam am anthorii4d to rseounima =7 fe - ) of tba agent"" enbscribed below In the psymsst of foods or tha teansaetloa" of s" bees for this acw ®t- It is arrcad that aL transsctiana Mtev�em son and the mdanlanad sbalI be sosernad by the contract %rAnted on the reverse side of this acrd. _� r- • 1 1 _ �W do -n NAME �J�,• s NAMR OP COftPORAiI :.rrr� rrzir r�a�E ir� L• Sw E6 MINE It ADDRESS BUSINESS REFERENCES DATE FIRST DEPOSIT S i# i I CERTIFY that the following is a true copy of certain resolutions of the T :f of ------- -- - - - - -- QTY - -OF_P- i_£�!!CB Gomm --- ---------------------------------- - - - - -P _ACCOi31 ' (Name of Corporation m full) 1001 Park A"nV$ s Lake Park* Florida a corporation duly organized and existing under the laws of _____Flor'da - - - - - - - - -- — -------------------------- (Name of State where organ-0 LEdw Park, Florida g ' P P place of business in ------------------------------------ - - ---------------- having its rtnct al (Name of City or Town and State) duly adopted in accordance with the by -laws 'at, and recorded in the minutes of a meeting of the said board on Janvat- ----------------------------------------------------------------------------- - - - - -, 1s�?�__. --- - - - - -- ------------------------ _______________________ _ (Date of Meeting) and not subsequently rescinded or modified: ( 1 ) RESO LL VED, that ------i L--$-H- ---m - -- -- -- -- ------------------------------------------- e hereby authorized to open and from time to time to reconcile an account or accounts for and in the name of the corporation with, the Riviera Beach Bank of Riviera Beach, Florida, and from time to time to deposit funds of the co oration therein, the same to be subject to withdrawal by checks, drafts or orders signed by Arnr- _t>— rr__thn_� NOWUN D. BO ND,* TERM" B. T""ON$ L, Jo LEMAN, C. T. HYLAND and RDTH Wit as 5fgn0=1-- $& ha oragai - #.}a C+ ig R01E.m--- GAMY (Specify in what manne—ingly or jointly) ----------- _-- -------- —______________________________ --- — ---------------- — -------- ---- ____ and that the said Bank may rely upon the authority herein conferred upon said designated person(s) until de- livery to it of a certified copy of a resolution of this Board revoking or modifying the same; and that such authority shall include checks drawn to the order of any of said persons. D (Specify in what mannei —singly or .jointly) be and hereb are, authorized to borrow money from time to tune on behalf of this corporati rom the Riviera Beach at its office at Riviera Beach, Florida, and with or without security, exe in connection therewith such docum notes as may be necessary to procure the same. (3) RESOLVED, that ------ - - ---- -- ---------- - - ---- ------------------------ --------------------- - -- ]s (Specify .n what m ..,y or /ointlyl are hereby authorized to sign negotiable or n gotiable ins nts, indemnity or other agreements, assign- ments, endorsements, hypothecations, or other documents in c ction with transactions between or through said Bank and this co orc___to Sell, reregister, pledge, transfer, ver or make negotiable for the benefit of the corporation s security for the corporation's loan any registered o eglstered collateral or other assets owned corporation, and to execute any documents necessary in connect ith transactions between or t4wdo said Bank, and this corporation and that the said Bank may rely upon the au herein confer pon suc r designated persons) until delivery to it of a certified copy of the resolution of this xwrrsr,',�- or modifviria the same- i „ i IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of the said corpora- tion; this day of 1M f Secretary }'O ijM I \\ \`7.87 Sall 98