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Home My WebLink About1/25/1952as Section $$01-108, State Road 5, extending from the North City limits of the .City of Vero Beach, FRIIIAY, JANUARY 25, 1952 The Board of County Commissioners of Indian River County met at the Court House • of said road until title to all land necessary for said road has been conveyed to or vested in . in special meeting at 11:00 o'clock A. M., Friday, January 25, 1952, with the following members present: W. C. Graves, Jr., Chairman; H. C. Watts, J. J. P. Hamilton, Aubrey L. Waddell and Allison Warren. Also present were Sherman N. Smith, Jr., Attorney; E. E. Carter, Road and Bridge Superintendent; L. B. OtSteen, Sheriff; and Douglas Baker, Clerk. Chairman Graves announced this meeting was called for the purpose of right of way matters relating to U. S. #1. On motion of Commissioner Waddell, seconded by Commissioner Watts and unanimously carried, the Board of County Commissioners accepted the offer of the Royal Park Service Company for the conveyance of their property for right of way for U. S. Highway No. 1, State Road No. 4., at a price of $20,000.00, such payment to be made prior to the time work begins on improving this road and the Chairman was authorized to convey this acceptance to the Royal Park Service Company by letter. • and it is hereby requested to advance to Indian River County from any available State Road funds On motion of Commissioner Waddell, seconded by Commissioner Watts and unanimously carried, the Board agreed to advance to Louis H. Wodtke the costs of obtaining plans and specifi-, cations for remodeling the front of his building if required for widening and improving U. S. Highway No. 1, State Road No. 5: such advance to be credited towards the total sure that the County has agreed to pay Mr. Wodtke and such costs to be incurred only after the County receives assur- ance from the State Road Department of the advance of funds required at this meeting. R E S O L U T I O N -- Requesting State Road Department advance Funds for Purpose _ of Acguiring Rights of Way, State Road On motion Commissioner Waddell, by Commissioner Hamilton, the follow- of seconded ing Resolution was unanimously adopted: WHEREAS, the Board of County Commissioners has determined that the reconstruction of a certain road within Indian River County, Florida, is desirable, said road being designated as Section $$01-108, State Road 5, extending from the North City limits of the .City of Vero Beach, to the South City limits of the City of Vero Beach; and, WHEREAS, the State Road Department of Florida will not approve the reconstruction of said road until title to all land necessary for said road has been conveyed to or vested in . the State of Florida by the County and said lands have been physically cleared of all occupants, tenants, buildings and other improvements which may be situated upon or encroaching withing the limits of the lands required for said road; and, WHEREAS, it is incumbent upon the County of Indian River to acquire the rights of way for said road, remove buildings and improvements therefrom and assume the costs and expenses of surrendering title to said rights of way to the State Road Department, at the expense of the County of Indian River; and, WHEREAS, the County of Indian River does not possess the financial ability to provide the funds necessary for acquiring the said rights of way and doing all other things necessary to deliver the various rights of way to the State Road Department; Now, therefore, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Flor- ida, at its Special Session held on Jan. 25, 1952, that the State Road Department of Florida be and it is hereby requested to advance to Indian River County from any available State Road funds such monies as may be necessary for the purpose of acquiring the rights of way for said State Road, including the removal of property, and other costs and expenses of surrendering title to said rights of way and the Board of County Commissioners does hereby covenant and agree that all funds accruing tolthe Department for expenditure in Indian River County under the provisions of Section 16, Article IX of the Constitution of Florida, Chapter 26, 321, Laws of Florida, Acts of the Extraordinary Session of 1949, or any similar law, shall be used by the Department to re- imburse itself in full for all monies so advanced, said Department being hereby fully empowered and authorized to apply such funds as and when same are remitted to the Department to reimburse the Department for monies so advanced until all monies so advanced are repaid in full. BE IT FURTHER RESOLVED, that the State Road Department of Florida is hereby authorized, requested and :empowered to advance and pay directly all such costs, funds and ex- penses as are found to be necessary in connection with the purchase or condemnation of the various rights of way hereinabove set forth and as are approved for payment by this Board act- ing by and through its Chairman. BE IT FURTHER RESOLVED, that all funds which shall be remitted to said Department for expenditure in Indian River County under the provisions of said laws are hereby pledged to the repayment of the monies advanced by the Department and that such funds shall remain subject to the pledge hereby made until all monies so advanced are repaid in full. BE IT FURTHER RESOLVED, that the form of Agreement with said Department hereto attached be and the same is hereby approved and that the Chairman and the Clerk of this Board be and they are hereby authorized and directed to execute an Agreement in such form with the Department in the name of and on behalf of this County. BE IT FURTHER RESOLVED, that this Resolution.supercedes the Resolution of this Board adopted on December 4, 1951. BE IT FURTHER RESOLVED, that certified copies of this Resolution shall be fur- nished to the State Road Department of Florida, State Board of Administration and to the Comp- troller of the State of Florida. AGREEMENT BETWEEN THE STATE ROAD DEPARTMENT OF FLORIDA AND INDIAN RIVER COUNTY, STATE OF FLORIDA, FOR ADVANCEMENT OF FUNDS FOR ACQUIT SITION OF RIGHTS OF WAY: THIS AGREEMENT, made and entered into this 25th day of January, 1952, by and be- tween the STATH ROAD DEPARTMENT OF FLORIDA, hereinafter referred to as the "Department", and INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter re- ferred to as the "County", WITNESSETH: WHEREAS, the County has agreed to acquire the necessary rights of way for that certain State Road, or portion of State Road in said County, designated as Section 8801-108, State Road 5, extending from the North City limits of the City of Vero Beach, Florida, to the South City limits of the City of Vero Beach, Florida; and WHEREAS, the County is financially unable at this time to provide all the neces- sary funds to acquire said rights of way and other expenses of surrendering said title to said rightsnof way and has requested the Department to advance available State Road funds in an amount necessary for such acquisition, but not to exceed Seventy -Five Thousand Dollars ($?5,000.00); and, WHEREAS, the Department deems it advisable and to the best interests of the State to advance State Road Funds for the acquisition of the rights of way of the aforesaid road. NOW, THEREFORE, the premises considered and in consideration of the sum of One Dollar ($1.00) moving between the parties, receipt whereof is hereby acknowledged, it is agreed by the parties hereto as follows: 1. The Department hereby agrees to advance to the County from atailable State Road r 0 1 40 0 40 funds, such sum or sums as may be necessary, but not to exceed Seventy -Five Thousand Dollars 475,000.00) for the acquisition of the right of way for the road hereinabove designated and other expenses of surrendering title to said rights of way, all monies so advanced to be repaid to the Department in full by the Department's reimbursing itself therefor out of funds remitted to the Department for expenditure within the County, under the provisions of Section 16, Article IR, of the Constitution of the State of Florida, Chapter 26,321, Laws of Florida, Acts of the Extra- ordinary Session of 1949, or any similar law, as and when such funds are remitted to the Depart- ment from time to time. 2. The County agrees that if .acquisition of said rights of way shall be conducted under the Supervision of and subject to the approval of the Department's Right -of Way Division. The Department shall make payment out of said advanced State'Road funds directly to the proper persons for Right of Way parcels or interests therein, purchased or condemned, including Attorney's fees and Court costs and all other costs and expenses necessary in connection with the purchase or condemnation of said rights of way, said payments to be made upon vouchers duly audited and approved by the State Comptroller and by State warrants issued in payment thereof, drawn by the Comptroller and countersigned by the Governor. 3• The County, by and through its Board of County Commissioners, hereby covenants and agrees that all funds accruing to the Department for expenditure in Indian River County under the provisions of said laws shall be used by the Department to reimburse itself in full for all monies advanced under the provisions of this Agreement and until all monies so advanced are re- paid in full, such funds shall be and remain pledged and are hereby pledged to the repayment thereof. STATE ROAD DEPARTMENT OF FLORIDA By Chairman Attest: Secretary INDIAN RIVER COUNTY AND BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY ChaiNrinan Attest: CLERK Notary Public Bond for Beverly F. Jones in the sum of $500.00 with St. Paul Mer- cury and Indemnity Company as surety, was approved January 17, 19529 by Douglas Baker, Clerk Circuit Court, as provided by law. Notary Public Bodenstein in $500.00 Central Surety Bond for Doris the sum of with and Insurance Corporation as surety was approved by Douglas Baker, Clerk Circuit Court, as pro- vided by law. There bean no further business, an motion made, seconded and carried, the Board ATSd rn�l.� HA R N LERK -.-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - TUESDAY, FEBRUARY 5. 1952 The Board of County Commissioners of Indian River County met at theCourt House ® in regular meeting at 10:00 o'clock A. M., Tuesday, February 5, 1952, with the following members present: W. C. Graves, Jr., Chairman; H. C. Watts, J..J. P. Hamilton, Aubrey L. Waddell and Allison Warren. Also present were George Heath and Sherman N. Smith, Jr., Attorneys from the firm of Mitchell, Smith and Mitchell; L. B. O'Steen, Sheriff; E. E. Carter, Road and Bridge