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HomeMy WebLinkAboutMinutes Council 032161` CITY OF PALM BEACH GARDENS MINUTES OF CITY COUNCIL - TUESDAY, MARCH 21st, 1961 A meeting of the City Council was held at 1001 Park Avenue, Lake Park, Florida, on Tuesday, the 21st day of March, 1961, at 10:00 o'clock A. M. The meeting was called to order by the Mayor. QUO-RUM: The Clerk declared a quorum of the City Council .present. OFFER OF The Mayor presented to the Council the latest offer of Bankers Life DEDICATION: and Casualty Company dated March 1st, 1961, to dedicate lands for public use in the City of Palm Beach Gardens in accordance with a letter of transmittal and map attached thereto dated February 15th, 1961. DEDICATION A discussion was entered into of the new offer together with the NEVI OFFF_;R: former offer of dedication dated December 27, 1960, the rejection of the former offer, and the demands of the City as exemplified by DISCUSSION the Council Minutes of January 10th, 1961; and it appearing to the Council that the demands of the City have been complied with, and the company has agreed in its offer of dedication - (1) To dedicate certain lands for public use, to -wit: Plat No. 3, Job #38 -1, dated 2- 15 -61, and upon completion of the plat for- mally dedicate lands set aside for use of the public in accord- ance with the statutes of the State of Florida, and the Charter of the City. WAIVER (2) To waive any right of action against the City in coming on lands OF owned by Company with the equipment of the City to extend and open ACTION: streets, said waiver being in addition to the other powers of the City arising out of the general powers of municipalities, and /or specifically provided by statute and Charter of the City. AGREEMENT (3) That it will compensate the City for the Cityts costs plus A% FOR PAYMOT for any work performed by the Public Works Department of the OF WORK AND City in improving, altering, extending and opening streets and WAIVER OF constructing drains and sewers on lands the subject of the offer, SPECIAL and for ditching, draining and filling lands owned by the Company ASSESSMENT lying lower than established street grades adjacent and contig- RIGHTS: uous to the subject lands owned by Bankers where the City deems such work necessary to abate nuisances that now or hereafter might affect the public health; said payment of costs to be in lieu of and in waiver of such special assessments as might arise or be levied for such work by virtue of the Charter of the City and /or statute of the State of Florida, and thereby cause a burden or lien upon lands owned by the company for such public works im- provements, and it also specifically waives any and all rights to have any portion of said costs spread upon other specific property or upon the general tax roll of the City. WHEREAS: It is to the interest and benefit of the City and the public at large that the gift proposal and dedica- tion be accepted subject to, and in accordance with the terms and conditions thereof; dated March 1, 1961. THEREFORE, BE IT RESOLVED: That the CITY OF PALM BEACH GAR- DENS does hereby accept the proposed gift.subjectto all the terms and conditions thereto expressed•, and GRANT IN AID: (4) That the additional added to the cost of the work performed by the City is in the nature of a grant -in- aid to the City for the express purpose of enabling the City to set up a specific fund to be applied by the City on its public utility and public works system indebtedness. TIME OF (5) That the Company will pay amounts accruing for work PAYMENT performed upon demand within fifteen (15) days there - AND RIGHT of and in addition to any usual or ordinary remedies, OF LIEN it will accord to the City a right of lien for amounts OR SET OFF: arising hereunder upon all lands owned by the Company within the State of Florida, or at the City "s option the City may offset such burden against any.debt owed by the City to Bankers. INSPECTION (6) That the Companyieserves right of inspection of accounts; OF and it further appearing to the Council that acceptance ACCOUNTS: of the offer would be in the public interest, provide a method of payment of its utility and public works system, and that the City has exclusive jurisdiction over its streets, the extension and improvements thereon, and that the work and improvements arising out of the proposed dedication performed, and to be performed by the public works department of the City, are necessary to abate nuisances that now or hereafter might affect the public health - NOW, THEREFORE: Upon motion duly made and seconded, the following resolution was unanimously adopted: ACCEPTANCE WHEREAS: BANKERS LIFE AND CASUALTY COM]P=,'an Illinois corp- OF OFFER OF oration, doing business in Florida, has by written proposal DEDICATION: received by, and filed with the City Clerk of the CITY OF PALM BEACH GARDENS, offered to donate and dedicate to the City for the use and benefit of the public, those certain lands, waterways and easements designated on a map attached to said offer, including approaches thereto and appurten- ances used in connection therewith (said map being de- scribed as "Plat No. 3, Proposed Job A 38 -1 ", dated 2- 15 -61, Palm Beach Gardehs Engineering Department files); and WHEREAS: It is to the interest and benefit of the City and the public at large that the gift proposal and dedica- tion be accepted subject to, and in accordance with the terms and conditions thereof; dated March 1, 1961. THEREFORE, BE IT RESOLVED: That the CITY OF PALM BEACH GAR- DENS does hereby accept the proposed gift.subjectto all the terms and conditions thereto expressed•, and Y BE IT.FURTHER RESOLVED: That the Mayor and the Clerk of the CITY OF PALM BEACH GARDENS, be and they are hereby authorized to.do all acts and execute all instruments appropriate and necessary in carrying out the terms of the proposals. Upon motion, the meeting thereupnn %Ainni-nPA_ A ST: NORMAN D. ROfn LAND, CLERK 0 *This member has failed totake the oath of office. PAUL D. DOOLEN blel,4 HORACE S. MILLER * CHARLES A. CUNNINGHAM C O U N C I L • 6 -- ACCEPTANCE OF OFFER BY CITY WHEREAS, BANKERS LIFE AND CASUALTY COMPANY, an Illinois corporation, doing business in Florida, has by written proposal received by, and filed with the City Clerk of the CITY OF PALM BEACH GARDENS, offered to donate and dedicate to the City for the use and benefit of the public, those certain lands, water- ways and easements designated on a map attached to said offer, including approaches thereto and appurtenances used in connection therewith; (said map being described as "Plat No. 3, Proposed Job A 38-1 ", dated 2- 15 -61, Palm Beach Gardens Engineer- ing Department files); and WH : It is to the interest and benefit of the City and the public at large that the gift proposal and dedication be accepted subject to the terms and conditions thereof; dated March 1, 1961. THEREFORE, BE IT RESOLVED: That the CITY OF PALM BEACH GARDENS does hereby accept the proposed gift subject to all the terms and condi- tions therein expressed; and BE IT FURTHER RESOLVED: That the Mayor and the City Clerk of the CITY OF PALM BEACH GARDENS, be and they are hereby authorized to do all acts and execute all instruments appropriate and necessary in carrying out the terms of the proposals. DATED at Lake Park, Florida, County of Palm Beach, this 21st day of March, 1961. Effective December 27, 15 jTEST: J J . NORMAN D. ROWIAND, CITY CLERK Ayes Nays c. y • 6 -- ACCEPTANCE OF OFFER BY CITY WHEREAS, BANKERS LIFE AND CASUALTY COMPANY, an Illinois corporation, doing business in Florida, has by written proposal received by, and filed with the City Clerk of the CITY OF PALM BEACH GARDENS, offered to donate and dedicate to the City for the use and benefit of the public, those certain lands, water- ways and easements designated on a map attached to said offer, including approaches thereto and appurtenances used in connection therewith; (said map being described as "Plat No. 3, Proposed Job A 38-1 ", dated 2- 15 -61, Palm Beach Gardens Engineer- ing Department files); and WH : It is to the interest and benefit of the City and the public at large that the gift proposal and dedication be accepted subject to the terms and conditions thereof; dated March 1, 1961. THEREFORE, BE IT RESOLVED: That the CITY OF PALM BEACH GARDENS does hereby accept the proposed gift subject to all the terms and condi- tions therein expressed; and BE IT FURTHER RESOLVED: That the Mayor and the City Clerk of the CITY OF PALM BEACH GARDENS, be and they are hereby authorized to do all acts and execute all instruments appropriate and necessary in carrying out the terms of the proposals. DATED at Lake Park, Florida, County of Palm Beach, this 21st day of March, 1961. Effective December 27, 15 jTEST: J J . NORMAN D. ROWIAND, CITY CLERK Ayes Nays