HomeMy WebLinkAboutMinutes Council 021060CITY OF PAW BEACH r.ARIENS
SPECIAL MEETING OF CITY COUNCIL
Special meeting was held at 800 - loth Street, Lake Park, Florida 'Wednesday,
February 10th, 1960, at 2.30 FM.
The meeting was called to order by the Mayor.
The Clerk declared a quorum to be present.
ANNEXATION OF BILLS- GOOLSBY TRACT: The Clerk stated that special order of busi-
ness upon the agenda was the ordinance to
annex the Bills- Goolsby tract to the City, of Palm Beach Gardens.
The ordinance was read a second and third time; and upon unanimous vote, was
adopted.
C -17 CANAL; EAST BERM: The Mayor reported the substance of a meeting between
representatives of the Central and Southern Florida
Flood Control District, and John MacArthur, Norman D. Rowland and Herbert
B. Thompson, representing respectively Bankers Life and Casualty Company,
Florida Construction Company, and the City of Palm Beach Gardens, held in
the Flood Control District office on January 27, 1960. In substance, the
Mayor reported the Flood Control District agreed that beautification of the
east berm of the C -17 canal would be permitted, apparently, if the City of
Palm Beach Gardens would agree to maintain the slope, see that excess spoil
was removed, and guarantee that the slope would be sprigged, and so forth,
in much the same fashion as the west berm of the C -17 Canal.
The following resolution was thereupon voted unanimously by the council
members present.
RESOLUTION: WIMEEAS the Central and Southern Florida Flood Control
District requires, as a requisite to permitting the grading
and beautification of the east berm of C -17 Canal on the stretch start-
ing immediately north of Lake Park Nest Road, and thence running north-
ward and eastward a distance of approximately 2,000 feet, on the land
contiguous to the Bills- Goolsby tract just annex to City of Palm Beach
Gardens, and
WHEREAS the City of Palm Beach Gardens by its duly constituted City
Councilmen accedes to the conditions imposed by the said Flood Control
District,
THE?EFOP,E BE IT RESOLVED the City of Palm Beach Gardens undertakes
the perpetual maintenance of said berm, and the sprigging and excess
spoil removal hereinbefore referred to, and accepts responsibility for
J the continued maintenance of said berm.
Thereupon the meeting adjourned.
City Clerk
CITY OF
CITY CO
The
City of P
holding o
800 - Ten
and rati.f
attached.
T)ATE :
BEACH GARIENS
WAIVER OF NOTICE AND RATIFICATION OF MINUTES
dersigned, being a member of the City Council of the
M IEACH G,ARIENS, does hereby waive notice of the
the meeting of said City Council, held at 3:30 PM,
Street, Lake Park, Fla. on February 10th, 1960;
s the minutes thereof, to which this waiver is
1
U
(MTT or .A
aTr COUR
MACE GUMM
the rbreigned, being a member of the City Council. Of the
city of F BuM LIMNS* does hereby waive notice of the
holding 4 the meeting of ss4.d City Coil, }sold at 3 +30 P9,
800 - Tens 5t"et,, L is Park, Fla* an Febroarr nth, 1.960E
Brad r+etlf' es the minutes thereof, to which this waiver is
attached.
a, v
AGREEMENT FOR DEED
PARTIES: The Parties to this Agreement are:
`,
(1) BANKERS LIFE AND CASUALTY COMPANY, an Illinois Corporation,
duly admitted to do business in the State of Florida, having
its principal office at 10001 Lawrence Avenue, Chicago, Ill.;
and having a Florida office at i0 t lark Avenue, Lake Park,
hereinafter called
"BANKERS "; and
(2) The City of PALM BEACH GARDENS, a municipal corporation,
created by Act 59 -1707 of the Florida State Legislature;
and having its temporary address at 800 - 10th Street,
Lake Park, Florida, hereinafter called the
+tCITY't
GENERAL PURPOSES: HANKERS owns all or substantially all of the land constituting
the corporate area of the City of PALM BEACH GARDENS; and
also owns, or controls, substantial tracts of land adjacent thereto. BANKERS
has sold certain land adjacent to the CITY, and expects to sell other land in
connection with which the purchasers desire assurance that they will be
provided with potable water, and adequate sewage disposal. BANKERS, and
certain allied interests, have, in certain instances, given assurance that
such facilities would be available.
BANKERS has under construction and nearing completion, a water treatment
and sewage disposal plant. Certain purchasers from BANKERS of land have
defrayed or agreed to defray, by grants -in -aid, portions of the cost of these
plants and of the trunk distribution systems and facilities.
BANKERS desires to sell to the CITY the sewage disposal and water treat-
ment plant above referred to, together with the trunk distribution system
pertaining thereto; at its net book value; and to have the City take over
BANKERS$ obligations to provide sewage and water service as aforesaid.
PROPERTY CONVEYED: BANKERS agrees to sell, and the CITY agrees to buy:
(1) That certain 30 acres of land (more or less) located in the southeast
quarter of Section 12, Township 42 South, Range 42 East, viz., the
westerly 1,306.80 feet of the easterly 1,406.80 feet of the northerly
1,000 feet of the southerly 1.960 feet of said section,
(2) The water treatment and sewage disposal plants located thereon, together
with all the property, real or personal, pertaining thereto.
(3) The wells, transmission mains, lift stations and other facilities per -
taining thereto within or outside the limits of said city, and/or any
interests therein or easements pertaining thereto owned by said BANKERS.
CONS11ERATIONS; PRICE,;_ TEM: The price shall be BANKERS' outlay, estimated
at 450,000; but allowing to the CITY credit for
grants -in -aid which BANKERS has received or shall receive from persons to whom
BAWRS shall have sold or shall sell land to be se r-Aced by said system. The
net cost, as above described, to be paid by the CITY, shall be adjusted to
accord with an audit of the books and accounts of BANKERS and /or Florida
Construction Company as of April 30, 1960, and shall not exceed 75% of the
total replacement value of said system.
Subject to the rights of stay later herein specified, the CITY agrees
to pay BANKERS for the above - described plants and system in twenty (20) equal
installments falling due January 1st, 1962, and annually on the 1st of January
for the succeeding 19 years. The CITY agrees to pay interest on the unpaid
balance semiannually at the rate of 41,% per annum; said semi - annual payments
coming due on the lst day of January and the 1st day of July of each ,year, said
interest to commence running from June 302 1960.
F1
wg' agreement for
_. spankers /City
_KOR.ATORIUM: The parties agree however, that neither the operations of the CITY
Forts operations of these plants are likely to be self - sustaining
until the population of the CITY amounts to 2,000 people, and the connections
to the plants shall be 1,500 or more. It is therefore agreed that the due
�.i dates may be deferred until the above - described population level and number
of connections (including connections outside the corporate limits of the
CITY) have been reached; but that such balances (but not with interest upon
interest) shall become due together with the final installment for retirement
of the balance upon this obligation.
GRANTS -IN -AID: the CITY agrees that it will not extend sewage disposal or water
ervice to any territory without charging grant -in -aid of at
least x•1,000 per acre until this obligation to pay for this system, and any other
debts upon the plants, shall have been satisfied. The CITY also agrees that as
long as this obligation shall be outstanding, the proceeds of any such grants -
in -aid shall be applied first to defray the cost of any trunk or transmission
lines required of it for each specific grant -in -aid; after which one -half of
the balance of any such grant -in -aid shall be used to reduce or retire this
obligation toIBANKERS; and the remainder shall be set up as a reserve to
defray operating losses, and to establish an obsolescence reserve for
modernization and /or major upkeep or replacement of the above - described
plants and distribution system.
BANKERP agrees that where and when it shah. sell real estate susceptible
of service four sewage and water by the CITY, the conveyance shall stipulate that
the purchaser shall secure such service from the CITY; and .shall require the
said purchasers to make grants -in -aid, as above set forth, or may collect said
grants- in -aidll ;together with its collection of the sale price of said land; and
in such case shall retain one -half of said grants -in -aid to apply against the
CITY'S obligation for the purchase of said plants, and shall fonTard a balance
of said grant -in -aid to the CITY to be used for the purposes hereinbefore set
forth.
BANKE�S agrees that the obligation to pay grants -in -aid for sewer and
water is a reasonable and equitable charge upon the land; and BANK'eF:RS agrees
that it will to its best offices to secure such grants -in -aid until the cost
of the plant and distribution system has been defrayed, and until reasonable
reserves havel, been set up as protection against initial loss in operation, and
for obsolescence and replacement.
AIMNDMENTS: This Agreement shall be subject to ratification of the City Council
of the City of PALM BEACH GARDENS. It may be amended by agreement
of the parties, evidenced by a writing, signed in the same fashion as this
document.
FORI�,CLOSURE : Th
to
entitled to p
cerning forec
have such pla
its interest
.,, a, +-
NARGITIAL CAPTION
the general t
parties agree that should the City default in its obligations
pay principal or interest as herein required, BANKERS shall be
-oceed in foreclosure as provided in the Florida Statutes con -
.osure of mortgages in equity, or may, at its option, elect to
its operated by a trustee appointed by court order to protect
mtil said default shall be remedied. °•,*_ — _ _?° _n =' ^-^ ^I
11 r„ - -4 — d fnr 1r) naa ra frnm 4-1— A,4-- I,e,.d A +1,
The marginal captions in this contract are for covenience
only; and neither modify, limit nor extend the meanings of
IN WI IESS WHEREOF, the parties hereunto set their hands and seals
at Lake Park, :Florida, this 10th day of Feb. A.D. 1960.
?,ITNBSS:
C. T.
Secretary
ilk
ATTEST:
/s/ NORMAN D ROWLA0
Norman D. Roland, City Clerk
BANKERS LIFE AND CASUALTY COMPANY
/s/ JOHN MAC ARTHUR
President
The City of PALM REACH GARDENS
/s/ HLRPERT B. THOMPSON
HERT3L;RT B. THdLPSON,' Mayor
-2-
F q
- _ Agreement fox Deed
Bankers/City
STATE OF
COUNTY OF
e, /r
be the indiv
CASUALTY COM
before me th,
respectively
instrument i.
to said inst:
inatrwrent i
VITNE!
STATE OF
COUNTY OF
me well)Lnow
executed the
executed sai
v,¢
.r rz
IDA }
)
M BEACH )
me personally appeared and
to 16e well known, and known to me to
d described in and who executed the foregoing instrument as
nt and Secretary of the above named BANMRS LIM, AND
ANY, an Illinois Corporation, and severally acknowledged to and
t they executed such instrument as such President and Secretary,
of said corporation, and that the seal affixed to the foregoing
the corporate seal of said corporation and that it was affixed
ument by due and regular corporate authority, and tha said
the free act and deed of said corporation.
S my hand and official seal, this day of ,
A t /c.Q11/t-
Notary Public
My commission expires: Notary Public, State fit Florida at I.aro
My commission expires Sept. 7, 1963
Bonded by Mass. Bonding & insurance Co.
DA }
I BEACH
me personally appeared
of d AVL l�f to
and known to me to be the person t�Iscribed in and who
oregoing instrument and acknowledged to and before me that he
instrument in the capacity and for the purpose therein expressed.
my hand and official seal, this /o ; day of
A. D. 19 6;2) .
Notary Public
My commission expires: Notary Public. State df Florida of Large
My commission expires Sept. 7, 1963
Bonded by Mass. Banding & insurance Co.
Agreement ft,~
Bankers /City 11
I
MORATORIUM: The parties agree however, that neither the operations of the CITY
no the operations of these plants are lilmly to be self - sustaining
until the population of the CITY amounts to 2,000 people, and the connections
to the plants shall be 1,500 or more. It is therefore agreed that the due
dates may be deferred until the above- described population level and number
of connections (including connections outside the corporate limits of the
CITY) have ben reached; but that such balances (but not with interest upon
interest) sh ll become due together with the final installment for retirement
of the balance upon this obligation.
GRANTS -IN -AID: The CITY agrees that it will not extend sewage disposal or water
service to any territory without charging grant -in -aid of at
least $1,000 er acre until this obligation to pay for this system, and any other
debts upon tH plants, shall have been satisfied. The CITY also agrees that as
long as thislobligation shall be outstanding, the proceeds of any such grants -
in -aid shall ibe applied first to defray the cost of any trunk or transmission
lines required of it for each specific grant -in -aid; after which one -half of
the balance of any such grant -in -aid shall be used to reduce or retire this
obligation tc BANKERS; and the remainder shall be set up as a reserve to
defray operating losses, and to establish an obsolescence reserve for
modernization, and /or major upkeep or replacement of the above- described
plants and distribution system.
BANKS agrees that where and when it shall sell real estate susceptible
of service f r sewage and water by the CITY, the conveyance shall stipulate that
the purchase s shall secure such service from the CITY; and shall 76%kri -Te the
said purchaseJlrs to make grants -in -aid, as above set forth, or may collect said
L- grants- in -ai, together with its collection of the sale price of said land; and
L in such case shall retain one -half of said grants -in -aid to apply against the
CITY'S obligation for the purchase of said plants, and shall forward a balance
of said grants-in-aid to the CITY to be used for the purposes hereinbeiore set
forth.
BANKEIG agrees that the obligation to pay grants -in -aid for sewer and
water is a reasonable and equitable charge upon the land; and BANKERS agrees
that it will use its best offices to secure such grants -in -aid until the cost
of the plant and distribution system has been defrayed, and until reasonable
reserves have been set up as protection against initial loss in operation, and
for, obsolescence and replacement.
AMENEMENTS: This Agreement shall be subject to ratification of the City Council
of he City of PALM BEACH GAREENS. It may be amended by agreement
of the par-tie ,evidenced by a writing, signed in the same fashion as this
document.
FORECLOSURE: The parties agree that should the City default in its obligations
tol pay principal or interest as herein required, BANKERS shall be
entitled tooceed in foreclosure as provided in the Florida Statutes con-
cerning foreclosure of mortgages in equity, or may, at its option, elect to
have such plants operated by a trustee appointed by court order to protect
its interest until said default shall be remedied.
MARGINAL CAPTIONS: The marginal captions in this contract are for convenience
r�-� --r only; and neither modify, limit nor extend the meanings ^9S
the general t xt.
IN WI WHEREOF, the parties hereunto set their hands and sel3u.
at Lake Park,i Florida, this 16 (* day of ''c 0. A.D. 1960.
AGREEMENT TO FURNISH WATER
AND SEWAGE SERVICE
PARr1ES: The parties to this agreement are
Keating Palm Beach Properties, Inc.
hereinafter described as:
"Keating"
and
The City of Palm teach Gardens
hereinafter called:
"City"
(Wherever used herein, the terms "Keating" and "City" shall be deemed to
Include not only the parties to this instrument but also their legal repre-
sentatives, assigns, and successors. Wherever used the singular number
shall also include the plural and the plural the singular, and the use of
any gender shall be deemed applicable to all genders).
GENERAL CIRCUMSTANCES AND PURPOSES: As a condition to the purchase by Keating
from Bankers Life and Casualty Company, an
Illinois Corporation, of certain land located in the east half of SEC. 13,
Township '42 South, Range 42 East, Palm Beach County, Florida, more particularly
described in Exhibit "A" attached hereto, the Seller agreed to furnish or
caused to be furnished, sewage and water service to the border of the described
property, and also to purchase or cause to be purchased, the mains, pipes, and
other normal equipment of the distribution system, or systems, which Keating
might install for the retail distribution of said water and collection of said
sewage.
Bankers Life and Casualty Company have now sold to the City of Palm Beach
Gardens, the water treatment and sewage disposal plants and trunk connecting
mains leading to the Keating tract, which plants will henceforth be operated
by or on behalf of said City. Bankers has agreed to pay or credit to the City,
grants -ins -aid for the cost and maintenance of said plants, and to defray the
operating deficits which will arise until the minimum number of connections
to support the plants (estimated at 1500 connections) are available.
-1-
. /'Mw
Banlo rs guarantees the continued operation of the said plants for a period
of thirty 30) years.
The Cit ,under the terms of its corporate charter, agrees that water and sew-
age servicB in normal amounts will be made available and continued for the
benefit of purchasers and occupants of land within the territory described in
Exhibit "All for the said period of thirty (30) years, at the rates and charges
hereinafter set forth:
RATES AND CHARMS:
(A) Water rates - residential use:
0 0 5,000 gallons $2.50 (minimum monthly charge) 1
5, 1 gals. to 50,000 gals. $ .40 per 1,000 gals. �
(� (
50,001 n 111001000 n .35 n
Exc ss over 100,000 gals. .30 p
. J (B) Meter connection charges - 5 /8ths -inch meter . . . . $40.00
3/4ths -inch n . . . . . 60.00
1 -inch meter . . . . . 80000
Over 1 -inch meter . (by arrangement)
Sewer rates: The sewer rate is a function of the Water rate.
Less than 5,000 gallons water used per month $2.50 (minimum month-
ly charge)
r 5,000 gallons per month . . . additional 50¢ charge
Ea ,,h additional toilet or bathroom in
excess of two (2) . . . . . 50¢ per month
Su charge for disposail . . . . . 50¢ per month
Advance D3posit required: 5 /8ths -inch meter . $10.00
3Aths -inch meter . . . . 15.00
1 -inch meter ... 20.00
f o:
Over 1 -inch meter . .(by arrangement)
,vial users: Water and sewage service will be provided to
commercial users at rates arrived at by
Ividu,al contract, but in harmony with a schedule above set
nth for residential users.
- 2 -
HATE F7EVIS ON: The above rates are guaranteed for a period of three (3)
years. At the and of that time the rates shall be subject
to amendment upon equitable terms so as to provide an income which would
be sufficient, were there 1500 connections to the system,to yield an
amount sufficient to operate the plant to provide 5% interest on the cost
thereof;) and to set up a reasonable resei=vc for depreciation and obsoles-
cence of the plants and the system, based on an assumption of fifteen (15)
years' obsolescence for the plant and thirty (30) years' obsolescence for
the system, based on certified audits of original outlays and operations to
date,
PURCHASE OF RETAIL EIISTIZIBUTION SYSTEM: The City assumes the liability of
Bankers, the purchase from Keating,
the water and sewer lines and facilities within the tract described in
Exhibit 'fA ", at Keating's costs, by paying to Keating an amount equal
to 50% of the gross revenues obtained from the use of said water and
sewage facilities, until the Keatings have been reimbursed in full.
EXCLUSIVE LICENSE., Keating agrees, in wholesaling or retailing the property
described in Exhibit "At', to execute or require a covenant
binding each and every property purchaser to use the water and sewage
service furnished by the City, and no other; with the sole proviso that
residen shall be entitled to drill wells not exceeding 30 feet in depth
and 12" in diasater to provide water for sprinkling and /or irrigating
resident al lawns, plantings, shrubbery and trees.
SINKING FU The City agrees to accumulate out of grants -in -aid and current
income in excess of operating cost, annually;
(A) 3-l/3% of its original total cost to be applied to reduction of any bond-
ed indebtedness until such indebtedness shall be extinguished.
(B) 6 -2 of the cost of its sewage disposal and water treatment plants
until a reserve equal to the original cost of these plants shall have
been accumulated.
(C) An ount equal to 3-113% of the original —st of &I-1 distribution
line as a reserve for replacement and redesigning necessitated by
dep ciation and obsolescence.
- 3 -
(D) The
maj
or
AMNUMENT A
be ampl
and the
nature
of pare
hereon,
which m
parties
sewage
c onvev
ment pl
certain
ing the
the sal
ties, w
ance of
moneys in reserves (B) and (C) above may be utilized for
it repairs and replacements, but not for ordinary operating
iaintenance purposes.
SD BEFINEMENT: The parties agree that this memo sets forth their
respective undertakings in general form. It may
'ied,,.particularized and modified by agreement between the parties
successors in interest; but that it partakes of the general
' an agreement running with the land; and that the purchasers
Ls of land in the area described in Exhibit "Af? who have relied
shall have acquired vested rights to the services described
r not be curtailed or extinguished by subsequent acts of the
le re to.
3N: The City acknowledges that its assumption of the obligation
of Bankers Life and Casualty Company to provide water and
:rvice to the Keating tract, is part of the consideration for the
:e to said City by Bankers of the sewage disposal and water treat -
zts. The City acknowledges that it has received and will receive
;rants -in -aid to assist it in paying for the plants and conti.nu-
operation.
.g agrees that setting of reasonable rules and regulations for
of its properties, which will assure maximum use of the facili-
and is part of its undertaking, in order to secure the continu-
ater and sewage service for the subject property.
HEFEUNTO the parties have set their hands and seals at the places and on the
dates appearing below their respective signatures.
Attest:
Dated;
STATE OF
COUNTY C
Befor
and S.
me to be
KEATING PALK BEACH PRO��ES INC.
Vice- Pres.
Assistant Secretary (SEAL)'
April 15. 19 60.
FLORLDA )
pp ) SS
each ) - -- -
me personally appeared John K. Brennan
S. Brennan , to me well known, and known to
the individuals described in and who executed the foregoing
e-
instrume t as Vice - President and Assistant Secretary of
the above named KEATING PALM BEACH PROPERTIES,INC. , a Corporation,
and severally acknowledged to and before rae that they executed such
Vice Asst.
instrument as such/President and / Secretary, respectively, of said
corporation, and that the seal affixed to the foregoing instrument is the
corpora.te seal of said corporation and that it was affixed to said
instrumnt by due and regular corporate authority, and that said instrument
is the -free act and deed 4bf said corporation.
4JTTNE S my hand and official seal, this 15th day of April >
A.D. 19 60 "7 -
Notary 1i.t,'�/ -
Nay comission expires: Notary PO State of Flofida at Large,"' ____
My Com ssion Expires Feb. 12, 1961 - -
Bonded by American Surety Co. of N, Y._
City O P .BED\
r ' 11W I.LI
f / BY:
Attu. t: HER B.- THOA\jSjY, I�yor''
City Clerk
Dated: 19
STATE OT FLORID,& )
} ss
COUNTY CF )
Before me personally appeared HERHERT B. THOMPSON
as Mayor to me well known and known to me to be the person
described in and who executed the foregoing instrument and acknowledged to and
before ire that he executed said instrument in the capacity and for the pur-
pose therein expressed. LL//
WITNESS my hand and official seal, this day of
A.D.
.' Notary Public
My comiss
ion expires•,t„�, �
Expires Sept 7, 1863
bonded by Mass. Bonding & Insurance Co.
o era
(end)
m
THAT ce
ship 42
ly desc
parcel of land located in the east half of Section 13, Town-
L, 'Mange 42 East, Palm Beach County Florida, more particular -
as:
The Northeast Quarter and the Southeast Quarter of said Section 13,
less the following described parcels of land:
(1) The best 991.36 feet of the South 430 feet of said
Northeast Quarter;
(2) the West 350 feet of the South 350 feet of said
Southeast QaartAri;
(3) The East 200 feet of the South 550 feet of the West
three - quarters of said Southeast Quarter;
(4) the West 100 feet of the South 550 feet of the East
one - quarter of said Southeast Quarter;
(5 ) the right -of -way for Military Trail (State Road No. 809)
over the West 50 feet of said Northeast Quarter and
Southeast Quarter;
(6 the right -of -way for Fake Park West Road over the
South 50 feet of said Southeast Quarter;
(7 ) the easterly 150 feet of the aforesaid Section 13.
SUBJECT T0: An easement 100 feet in width over the North 100 feet
of the South 430 feet of the Northeast quarter of
said section 13.
--_- w- - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
EXHIBIT " A "