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