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HomeMy WebLinkAbout11/5/1957:5226 TUESDAY, NOVEMBER 5, 1957 �! The Board of County Commissioners of Indian River County, met at the Courthouse, Vero Beach, Florida in a regular meeting held at 9:00 o'clock A. M. Tuesday, November 5, 1957., i All members were present. Also present were Ed Schmucker, Road & Bridge Superintendent, Sherman N. Smith, Jr., Attorney and Katherine Morrison, Secretary. The Chairman asked if there were any changes or additions to be made to the minutes of September 3rd and 20th and October 1 and 15th. There being none and upon Motion made by Commissioner W. C. Graves, Jr., seconded by Commissioner Macdonald and unanimously carried, z the minutes were approved as read. Homer C. Fletcher appeared before the Board and asked that he be allowed an item in his budget to include the cost of the aerial maps to be made by the U. S. Department of Agri- culture. He estimated the cost for this county to be around $750.00, Upon Motion made by Commissioner W. C. Graves, Jr., seconded by Commissioner McCullers and carried, the Board granted the request of the Tax Assessor, to amend his budget to include the item of $750.00 for payment toward the cost of a new aerial survey by the Federal Government. r� d N O T I C E I VERO BEACH PRESS40LIRNAL NOTICE IS HEREBY GIVErt l I� that the Board of County Com Published Weeklymissioners of Indian River County,i A Florida, will receive sealed bidsi! to the hour of 9 o'clock A. M. on Vero Beach, Indian River County, Florida Tuesday, November 5,, 1857, and I that at said time publicly offer 'the Same at a meeting of said Board 'i STATE OF FLORIDA to be held in the County Commis - COUNTY OF INDIAN RIVER: $loners Room, Indian River Coun- ty Courthouse', Vera Beach, Flor-` Before the undersigned authority �dajhelofr.; gn ty personally appeared J. J. Schumann, who � thesale to said County llowing described personal on oath says that he is Business Manager of the Vero Beach.Press-Journal, a weekly o erty: p 3 newspaper published at Vero, Beach in Indian River County, Florida; that the attached I one. (i) new 1958 Model Sta- tion Wagon 9 passenger ca- pacity four door 8 cylinder en - copy of advertisement, being'; a gine standard transmission, — — Chevrolet Model 210 .or Ford p Model Country Sedan 'or equal 1 -- --- — ____ _-- equipped with spare tire. and in the matter of 14 wheel turn indicators and back- up lights: p The County will furnish all tax V — -- --- -- — exemption certificates to which it `( is entitled and the price bid shall be the net price payable by the p — -- ---- in the — ---- --- -----� Court, was pub- ounty delivered at 'Vero' Beach. e Board reserves the right to er elect ation any and desireall d respective fished 1n said newspaper in the issues of _______ -_- �- ---—_---_------------_--_-_-_- orm p - " _ _ is xs,Ali_b eo�tact -, the ire E i Affiant further says that•III -- - �_ - - - -- I,�velope* sed rely outs aled and l t'he said Vero Beach Press -Journal is a newspaper published at ! marked on the outside. Bid fo 3 Vero Beach, in said Indian Inver County, Florida, and that the said newspaper has heretofore Station Wagon." been continuously published in said Indian River County, Florida, weekly and has been entered i BOARD OF COUNTY COMMIS - as second class mail matter at the post office in Vero Beach, in said Indian River County Florida, i:. SIONERS OF INDIAN RIVER for a period of one year next preceeding the first publication of the attached copy of advertisement; COUNTY, FLORIDA I and affiant further says that he has neither paid nor promised any person, firm or corporation By J. J. ' P. Hamilton, Chairman. any discount, rebate, commission or refund for the purpose of securing this advertisement for October 17, 24, 1957. publication in the said newspaper. Sworn to and subscribed before me this — __ — day'' of 11 I r i. Clerk of the circuit Co Indian River Cour ,Florida (SEAL) Pursuant to the foregoing notice requesting bids, said notice was read and the Board then received and publicly opened bids as follows: Roland Miller Chevrolet Co. . . . . . . . . . . . Bid Amount $2,014.41 Arnold Ford Sales . . . . . . . . . . . . . . . . Bid Amount $2,098.98 After some discussion in the matter and upon Motion made by Commissioner W. C. Graves, Jr., seconded by Commissioner Macdonald and unanimously carried, the low bid by Roland Miller 0 1 1 C 1 • 1 1 40 0 E El 41 E Chevrolet in the amount of $2,014.41 was unanimously accepted. VERO BEACH PRESS JOURNAL Published Weekly Vero, Beach,. Indian River! County, Florida STATE OF FLORIDA . COUNTY OF INDIAN RIVER' Before the undersigned authority personally appeared J. J. Schumann, who on oath says that he Is Business. Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a )&Axt.»l in the matter of A in the Court, was pub-, fished in said newspaper in the issues of Affiant further says that the said Vero Beach Press Journal is a newspaper published at Vero Beach, In said Indian River County, Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, In said Indian River Count;!, Florida, for a period of one year next preceeding the first publication of the attached copy of advertisement; it and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. sworn to and subscribed before me this day of t7 444U\ A. D. Jo _AAL Clerk of the Circuit (dirt, Indian River Cgimty, Florida (SEAL) I 3 GIVEN Commis- sioners NOTICE I I I NOTICE IS HEREBY GIVEN 14 ,that the Board of County Commis- sioners of Indian River County, e Florida, will receive sealed bids to f 9. .I k the hour of 9:00 o'clock . A.M. on !Tuesday, November 5, 1957, and at said time publicly open the same at a meeting of said Board to be held in the County Commissioners' Room, Indian River I County Court- 1house, Vero Beach, Florida, for the �Purchase from said County of the following described personal prop- erty, to -wit: 1. — One lot of metal scrap and junk now located at the County barn, North Gifford Road, Indian River County, Florida. Said junk shall be sold as a whole and each bid shall state the price offered therefor and shall have sub- mitted therewith a check to the (County in the amount of 10 percent [of said bid. The balance of said bid !shall be due and pa yable 10 days �frorh the date of acceptance of s aid offer. Each bidder shall agree to move the junk within 30 days; otherwise the deposit or purchase II Price paid shall be forfeited to the :County and the same will be read- vertised and sold again. The county I reserves the right to reject all bids should the same be too low. Each bid should be in an envelope se - rely sealed and plainly marked on the outside, "Bid for Metal Junk." For further information, contact the County Engineer. This 1st day of October, 1957. 1 BOARD Or COUNTY COM- MISSIONERS or INDIAN RIVER COUNTY, FLORIDA By: Douglas Baker, Clerk It9ctober 3, 10, 1, 1957. _J Pursuant to the foregoing notice requesting bids for the sale by the County of one lot of junk, said notice was read and the Board then received and publicly opened bids as follows: George Martin . . . . . . . a * 0 0 a 0 0 . Bid amount $413.13 Ben Potter . . . . . . . . . . . . . . . . Bid amount $500.00 Upon Motion made by Commissioner Ma cdonald, seconded by Commissioner W. C. Graves, Jr.. and unanimously carried, the high bid by Ben Potter in the amount of $500.00 was accepted. VERO REACH PRESS40URNAL Published Weekly Vero Beach, Indian River County, Florida 4T"Ticv, IS , HEREBY GIVEN STATE OF FLORIDA COUNTY OF INDIAN RIVER: that General. Development Corp., a, �Florida corporation, Chas filed a Petition with the Board of County Before the undersigned authority personally appeared J. J. Schumann, who 'Commissioners 1of- Indian River on oath says that he is Business Manager of, the Vero Beach Press -Journal, a weekly County, Florida,- requesting said Board to adopt a resolution clos- newspaper published at Vero Beach in Indian River County, Florida; that the attached'in a .g,' v catihg and abolishing all that part of a public. road and railroad crossing from state Road COPY of advertisement, being a s65( o to State, Road 5 near and ximately paralleling t b e apps in the matter 'of So, line of I�d,�n, rover County, Florida, and requesting\said Board to renounce and, disclaim any OFFIC11kL RECORD 4r, 3 0 0 K 45 FACE 3 in the right of said Countyfor the public ,in and to said public road and railroad, crossing above delineated on a 'plat as a street, road or high Court, was pub- - way, 'or railroad crossing. Said Board will hold, a public hearing " 7-1 7 VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida STATE OF FLORIDA COUNTY OF INDIAN RIVER: Before the undersigned authority personally appeared J. J. Schumann, who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a — -.— ----_----------- -- .---.------..__ in the matter of __ ------ ---------- in the -...__ .. ____. Court, was pub- lished insaidnewspaper in the issues of _------------- ------------ — __-- _-------- ---- — Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore been t ously published in said I din R County, Florida, weekly and has been entered as d class mail matter t the h post office m VeroBeach in said Indian River County; Florida, far period of ane year next prorceding the first publication of the attached copy of advertisement Nd affiant further says that he has neither paid nor promised any person, firm or corporation y discount, rebate, commission or refund for the purpose of securing this. advertisement for publication in the said newspaper. Sworn to and subscribed before me day of ..__. -. A. D ..... L. " ch., k E th C cult Co Of FICIAL RECORD 25 w 53 N O T I C E NOTICE IS HEREBY. GIV.EN:'I'. that General Develop-",Conp . Florida c p t' h S f l d a' Petition wth the Boa d of C ty i Commissioners of Induan Ri County, Florida, requesting saIdO Board to adapt a resolution closk4 Ing, eating and abolishing allfl that part ofptiblie road and I railroad crossing from State Road I 605: to State Road s near and �.. apPr_imately Paralleling t 11 a i. South line in of Ind; - ver County Florida, and requesting. said Boartl to 'cro'ne, and msenum any fit right of said County for the public in. and to said public road and railroad c ssing above delineated" an a plat asa 6t, -t, road or high-'' wayorailroad ossing. Said Il Board hold a plibiv, hoaxing ltheqn at 9:00 .',look k A M n INovember 11 1957, 'n theffi of said .Boa d of County Li m n in the Indian R Caunt, iC -thou V Dirac rtoi tda. f Person'. tsted y appear and Ire }eeard at that tbme. BOARD OF COUNTY COM -1k MISSIONERS OF HJDIAN if RIVER COUNTY. FLORIDA i By'. T J, P. Hamilton, Chair ..an October 3, 1957. Pursuant to the foregoing Notice and upon Motion made by Commissioner W. C. Gravel Jr., seconded by Commissioner McCullers and unanimously carried the following resolution waf unanimously adopted. R E S 0 L U T I 0 N -- Closing RR Crossing Upon Motion duly made and seconded, the following Resolution was passed and adopted.', WHEREAS, in the opinion of this Board of County Commissioners in and for Indian River County, Florida, it is deemed advisable and necessary for the County of Indian River to obtain from John W. Ma rtin, as Trustee of the property of Florida East Coast Railway Company, and not individually, the right and privilege to use for public road crossing pur- poses only that part of the right of way and property of said Florida East Coast Railway Company in the County of Indian River, Florida, at the location described as follows: A parallelogram shaped parcel of land being 80 feet inwidth northerly and southerly extending easterly and westerly across the right of way and over the tracks of the Railway, with center line intersecting the center line of the Railway's northbound maintrack at a point located 4523 feet more or less southerly from the Railway's Mile Post No. 232 from Jacksonville, Florida. according to the further terms and conditions as set forth by and described in copy of pro- posed agreement now on file in the office of the Clerk of the Board of County Commissioners of Indian River County: AND, WHEREAS, said Trustee of Florida East Coast Railway Company has submitted form of contract between said Trustee and the County of Indian River for the licensing of said property. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners in and for Indian River County, Florida, as follows: 1. That the County of Indian River, a political subdivision of the State of F acting by and through its Board of County Commissioners, in and for Indian River County, Florida, does hereby agree to and enters into an agreement with John W. Martin, as Trustee of the property of Florida East Coa st Railway Company, and not individually, wherein and whereby Indian River County, Florida, is given the right and privilege to use for public road crossing purposes only that part of the right of way and property of said Railway at the lo- cation herein described, upon the.conditions and terms, all as set forth and contained in copy'.,of proposed agreement attached hereto and made a part hereof. 2. That Donald Macdonald, as Chairman of this Board of County Commissioners in and for Indian River County, Florida, with the attestation of Douglas Baker, as Clerk.of this Board, be and they hereby are each authorized and directed to execute said agreement for and on behalf of the County of Indian River, Florida, and to submit the same for execution by the Trustee of Florida East Coast Railway Company. 3. That this resolution shall take effect immediately upon its passage. 7 1 1 0 1 0 • u 1 1 1 The County Attorney read the agreement betwean the Florida East Coast Railway Compan and Indian River County with respect to opening a new crossing between the Old Dixie Highway and U. S. #1 in the South End of the County.. After considerable discussion in the matter and upon Lotion made by Commissioner W. C. Graves, Jr., seconded by Commissioner Macdonald and V unanimously carried, the Board agreed that if and when General Development Corporation make j a deposit to the Trustees for the Florida East Coast Railway Company to cover the estimated r� costs of constructing the new Railway crossing, then the Chairman and Clerk are authorized and instructed to execute the agreement with the Railroad for the new crossing. Upon Motion made by Commissioner Macdonald, seconded by Commissioner W. C. Graves, Jr., and unanimously carried the following Resolution was unanimously adopted. R E S O L U T I O N -- Agreement with Railroad THIS AGREEMENT, made in duplicate this 17 day of January, 1958, by and between John W. Martin, as Trustee of the property of Florida East Coast Railway Company, and not indivi- dually, hereinafter called Trustee, and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, acting by and through its Board of County Commissioners in and for Indian River County, Vero Beach, Florida, hereinafter called Second Party. W I T N E S S E T H: That the said Trustee, for and in consideration of the covenants and agreements here3 contained to be performed and kept by the Second Party, does hereby give and license unto the said Second Party -:the right and privilege to use as a crossing for road crossing purposes only, that part of the right of way and property of said Railway in the County of Indian River, Florida, at the location described as follows: A parallelogram shaped parcel of land being 80 feet in width northerly and southerly extending easterly and westerly across the right of way and over the tracks of the Railway, with center line intersecting the center line of the Railway's northbound main track at a point located 4523 feet more or less southerly from the Railway's Mile Post No. 232 from Jacksonville, Florida. As shown on print of the Railway's plan Corr. File 232-1, dated July 31, 1957, attached hereto and made a part hereof. TO HAVE AND TO USE the said rights, privileges and licenses solely unto the Second Party for so long as said crossing is used for public road purposes, subject only to termina- !,-tion as provided in paragraph 12 hereof. In consideration of the rights, privileges and licenses hereby given by the Trustee unto the Second Party, the Second Par.ty covenants and agrees with the Trustee as follows: 1. That said crossing shall be used for public road crossing purposes only across the Railway's right of way and tracks,.and no pipe, wire, rail or other line or structure be placed in or on said right of way or crossing without the previous consent in writing of said Railway Trustee. 2. Second Party agrees that it will, at its sole cost, furnish all material, equip- ment and labor required for, and will perform all work in connection with the construction, opening, widening, improving, extending and maintaining said road crossing on the right of way of the railway, including the portions of said crossing across the existing and future tracks of the Railway and over and between the cross -ties therein, which portions of said crossing shall be constructed and maintained under the supervision of an authorized representative of the Railway, and Second Party agrees to reimburse the Railway for all cost of such supervision - and Second Party further agrees to bear all cost of any necessary changes required in the Rail-' way's facilities or those of any other party, including any changes in any pole and wire line installed on the Railway's right of way whether owned by the'Railway or otherwise, and Second Party agrees to furnish all material and labor required for, and to install and maintain in good operating condition, all necessary drainage facilities required on account of the con- struction, location or existence of said road crossing, all to be subject to the approval of '¢ an authorized representative of the Railway. 3. If to comply with the requirements and orders of the laws of the State of Florida or other governing body having power to promulgate or enforce regulations or any agreement with the Railway pertaining thereto, it becomes necessary hereafter to modify or change the number, elevation, alignment or otherwise modify or change the location of said Railway's tracks, works or operation on its right of way or modify or change the elevation, alignment R or location of the said crossing across the right of way and tracks of the Railway, all costs ,N and expense of any nature whatsoever that may be required by such changes, modifications or additions by the presence of said right of way and crossing shall be paid for solely and entire4 ly by the Second Party and the maintenance and operation of such right of way and crossing r under each modified or changed condition shall be borne solely and entirely by the Second Party and such changes, modifications or additions may be accomplished only in accordance with plans and specifications approved by the Railway, and the execution of the work under such'. plans and specifications shall be subject to the supervision, inspection and approval of the Railway. 4. The Railway reserves the right to make any desired changes at any time in its existing tracks or other facilities, or to install, maintain and operate any additional track or tracks or other facilities on its right of way at said road crossing, and Second.Party agrees to bear the entire expense of any changes in paving or additional paving required on account of such changes or installations made by the Railway. 5. Any crossing protection of any type or class whatsoever that may be required at this public road crossing by ordinance of other regulation of Second Pa rty, or by other governt mental body or bodies having power to promulgate or enforce regulations, or that may be re- quired by the Railway, will be provided and installed at the sole cost and expense of Second Party. k 6. Second Party agrees to relieve the Railway from assessments or other changes of any kind whatsoever against the Railway at any time for any public improvements installed on or adjacent to said crossing or arising out of the existence of said crossing. 7. All expense in connection with any changes made in the Railway's automatic block signal transmission line and signals, or in changing any other pole and wire lines now located on the Railway's right of way, whether owned by the Railway or otherwise, shall be wholly borne; by Second Party, all such costs incurred by the Railway or -its tenants, or corporation holding'!I:' W contract or statutory easements for such wires and poles shall be wholly paid by Second Party J r 1 1 0 1 1 0 J J u 11 promptly upon receipt of bills for such costs. 8. Second Party,:,at its expense, will install and maintain any necessary drainage facilities required on account of the location and existence of said crossing and such install ation, the adequacy thereof for the drainage required, and the maintenance thereof, shall be subject at all times to the approval of the Railway's authorized representative. 9. Second Party shall not take any action that will prevent or tend to prevent the operation of trains over said crossing. 10. The provisions and stipulations of this agreement are a part of the considerat of the licensing of the above privileges and crossing, and in the event the said Second Party shall fail to comply with any of the covenants and conditions, then this license shall be voidl and said described crossing shall terminate, with full right on the part of the Trustee to re-enter and repossess the same if he shall elect to do so. 11. Second Party hereby grants unto Florida East Coast Railway Company and its Trustee all necessary permits for the installation, construction, erection, repair and main- tenance of any of the facilities, work or fixtures mentioned or contemplated in and by this agreement, and Florida East Coast Railway Company or its Trustee shall give Second Party forty-eight (48) hours' notice of intention to perform any such installation, construction, repair, erection and maintenance. 12. This agreement is terminable by the Trustee, or his successors or the assigns of the Trusteeship Estate, at their option, upon the discharge of the Trustee as such any fixed period of time or any other thing herein to the contrary notwithstanding, and in the absence of such concellation, all rights of said Trustee hereunder shall inure to the benefit of his successors, or the assigns of the Trusteeship Estate. 13. It is further mutually understood, and agreed by and between the parties hereto that at the termination or the cancellation of this agreement, for any cause, or upon ter- mination of Second Party's use of the crossing herein licensed, Second Party shall remove, at its entire cost and expense, all improvements placed by it upon the said Railway's right of. I� • way and restore the ground to its original condition. 14. By the execution and acceptance of this agreement Second Party agrees that the existing public road crossing located 1710 feet southeasterly from the within described public road crossing shall be closed and discontinued, and that all cost incurred in connection with 'I be borne by Second said closing shall Party. IN WITNESS WHEREOF, THE Parties hereto have caused these presents to be duly executec i in duplicate, each the day and year first above written. II Signed (John W. Martin) As Trustee of the property of Florida p� East Coast Railway Company of ! INDIAN RIVER COUNTY, A POLITICAL SUBDIVIS] OF THE STATE OF FLORIDA, ACTING BY AND THROUGH ITS BOARD OF COUNTY COMMISSIONERS i By DONALD MACDONALD Chairman Attest: Douglas Baker Clerk Fr" i -d C38 Mr. Cooksey, Attorney for Mr. & Mrs. Whittier, appeared before the. Board and said he would like to know to what extent the County will go in defense of the suit brought by Mr. & Mrs. W. H. Surrency against the County and the Whittiers. After considerable discussion, in the matter, a Committee consisting of Robert Graves, D. B. McCullers, J. J. P. Hamilton and Sherman N. Smith, Jr. was appointed to look into the matter and make the decision as to what to do in this suit. Upon Motion made by Commissioner W. C. Graves, Jr., seconded by - Commissioner Macdonald and unanimously carried, the foregoing was unanimously adopted, that the Board would stand upon the decision of this committee. Mrs. C. C. Petersen, representing the Women's Club of Sebastian again appeared before the Board wanting to know what the Board had decided about moving or not moving the Women's Club building. After some discussion in the matter Mrs. Petersen was asked if it would be alright to table this matter until the road was completed and then the Board would let them know what they could do in the matter. Mrs. Petersen agreed and the matter was tabled for the time being. VERO BEACH j PRESS -JOURNAL i II, NOTICE Published Weekly Notice is hereby given- that the 4 Board of County, Commissioners of Indian River County, Florida, will ..f I bids to e hour b "sled th Vero Beach, receive se ,Indian River County, Florida �� j 10:00 dciock A. M.., p n Tuesday, _ i 'V 1957 an^i at said time ovember 5, ., STATE OF FLORIDA + publicly' open the same at"a meet- ; COUNTY OF INDIAN RIVER: ing of said Board to be held in the County Commissioners, Room, In - Before the undersigned authority personally appeared J. J. Schumann, who than- River County Courthouse, '' on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly Vero Beach, Florida,for the pair, chase from said. County of the fol - newspaper published at Vero Beach in Indian River County, Florida; that the attached lowing described property, situated in Indian Rit er County, Florida, to wit: ' copy of advertisement, being a —`'�- -- -- The west half of the South j east quarter of the Northeast quarter of Section 25, Town-; _-_- — in the matter of _ ��+-�-- — ship,33 South, Range 39 East> comprising apprb7rimately 20' acres. :Each bid shallstate the price q -----'�-----�-offered therefor, which sum shall be payable by deposit of 10 per= cent. of" the amount thereof, with -------------- --- - in ! the ------ --- -- --- Court, was pub- the balance thereof to be paid in cash within 15 days, from the date lished in said newspaper in the issues of —___ C acceptance o-, the bid the ___ i County. No bid will . be consisi the for less than $4,000.00 and the Coun- ty reserves the 'right to reject a1 E_ 4_ bids should the same be too low.. . i 'Each bid should be in an envelope,. Affiant further says that the said Vero Beach Press Journal is a newspaper published at securely sealed, and plainly marked Vero Beach, in said Indian River County, FIorida, and that the said newspaper has heretofore on the outside "Bid for Land -- been continuously published in said Indian River County Florida, weekly and has been entered This 15th day of October, 1957.. i as second class trail matter at the post office in Vero Beach, in said Indian Rivet County, Florida, BOARD OF COUNTY- COMMIS - for a period of one year next preceeding the first publication of the attached copy of advertisement; SIONERS OF INDIAN RIVER and affiant further says that he ,has neither paid dor promised any person, firm or corporation COUNTY, FLORIDA any discount, rebate, com#nisa on or refund for the purpose of s B J. J. P. Hamilton; Chairman securing this advertisement for Y porn g publication in said n w the d e a illy p �p p�r � �OCt, 17, 24, 1957.. � y Sworn to and subscribed before me this — day of —'' -- A. D. f. Clerk of the Circuit urt, Indian RiverCt ty, Florida --- (SEAL) Pursuant to the foregoing Notice, said Notice was read and all bids received were opened and publicly read as follows: Henry Wolfson . . . . . . . . . . . . . . . . . Bid Amount $4,500.00 Thomas Waggaman . . . . . . . . . . . . . . . . Bid Amount 6,555.00 Henry Wolfson . . . . . . . . . . . . . . . . Bid Amount 5,000.00 Jonas Brotman . . . . . . . . . . . . . . . . . Bid Amount 5,000.00 After some discussion in the matter and upon Motion made by Commissioner W. C. Graves;, Jr., seconded by Commissioner McCullers, Jr., and unanimously carried, the high bid by Thomas Waggaman was accepted. E 1 0 1 i 1 1 0 L.] 1 n U 1 0 1 J Upon Motion made by Commissioner W. C. Graves, Jr., seconded by Commissioner Mc - Cullers and unanimously carried, the following Resolution was unanimously adopted: R E S O L U T I O N -- General Development Corp. Closing Railroad Crossing. BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida, that this Board does herewith find and determine as follows: 1. That General Development Corp., a Florida corporation, filed a Petition before this Board on the 3rd day of September, 1957, at a meeting of said Board, requesting this Board to adopt a Resolution closing, vacating and abolishing all that part ofa public road and railroad crq(ssing, from State Road 605 to State Road 5near and approximately parallelling the South line of Indian River County, Florida and renouncing and relinquishing the rights -of Indian River County, Florida, or the public in and to said public road and railroad crossin above delineated on a plat as a street, road or highway or railroad crossing. 2. That this Board has published Notice thereof one time in the Vero Beach Press Journal, a newspaper of general circulation in Indian River County, Florida, said publication being published at least two weeks prior to the date stated therein for such public hearing. 3. That said road, street, highway and railroad crossing above described is not a State or Federal road maintained by the State of Florida and that said street, road, highway or railroad crossing delineated on said recorded plat is not located within the incorporated limits of any municipality and is located in Indian River County, Florida. 4. That said road, street, highway and railroad crossing hereinabove described is not now and has never been used as a road, street, highway or railroad crossing for public travel and has never been used as a public road, street, highway or railroad crossing. 5. That a public hearing thereon has been held by the Board of County Commissioners of Indian River County, Florida, in the office of said Board in the Indian River County Court -u house, Vero Beach, Florida, on November 5, 1957, at 9:00 o'clock A.M. BE IT FURTHER RESOLVED that this Board does herewith close, vacate and abandon the said road, street, highway and railroad crossing as the same is hereinabove described and as the same is laid out and delineated on the said plat and does hereby renounce and disclaim any right of Indian River County, Florida, and the public in and to all lands comprising said street, road, highway and railroad crossing. E 1 1 0 1 0 1 1 E RESOLUTION -- Sale of Property in Oslo Upon Motion made by Commissioner W. C. Graves, Jr., seconded by Commissioner Mc - Cullers and unahimously carried the following Resolution was adopted: WHEREAS, this Board has heretofore determined that it is to the best interest of the County to sell and convey the property hereinafter described; and WHEREAS, notice thereof was published once a week for at least two weeks, to -wit: October 17 and 24, 1957 in the Vero Beach Press Journal, a newspaper of general circulation published in this County calling for bids for the purchase of the property hereinafter described as will more fully appear by proof of publication of said Notice filed in the of said County; and WHEREAS, sealed bids were received and publicly opened and it has been determined that the bid of the person hereinafter named was the highest bid and the County having deter- mined that said property is not needed for County purposes and that said bid is a fair and reasonable price and should be accepted, NOW, THEREFORE: BE IT RESOLVED, by the Board of County Commissioners of Indian River County, Florida,) that this Board does herewith accept the bid of Sixty-five Hundred Fifty -Five for a total sum of $6,555.00 to be paid to the County for the purchase of the following described property situated in Indian River County, Florida, to -wit: and, The West half of the Southeast quarter of the Northeast Quarter of Section 25, Township 33 South, Range 39 East, comprising approximately 20 acres. BE IT FURTHER RESOLVED, tha t upon receipt by the Clerk of the purchase price, a Deed of Conveyance of said lands to said purchaser shall be made, executed and delivered. Upon Motion made by Commissioner Robert Graves, seconded by Commissioner McCullers and unanimously carried, the Board agreed that the County pay to the Indian River Farms Drainage District the total sum of $6,555.00 for settlement in full of County Drainage Tistric taxes owing on county lands described as follows: 1. The SW2 of the SE2 less 400 feet, Sec. 2, Twp. 33, Rge. 39. 2. The West 2 of the NEk of Sec. 11, Twp. 33, Rge. 39. and that the Clerk be directed to make this payment and secure receipts in full for these taxes and the Clerk be further requested to give the Drainage District a list of all County owned lands owned, held and used by the County for public use and purposes with the request that the Drainage District exempt these lands from drainage District taxes. A committee consisting of Commissioner W. C. Graves, Jr., County. Attorney, Sherman N. Smith, Jr., and Representative Buck Vocelle, was appointed to study the tax problem. Sheriff Sam Joyce appeared before the Board and asked that the County pay maint bills for the jail. Upon Motion made by Commissioner W. C. Graves, Jr., seconded by Comm- issioner Macdonald and carried, the Board authorized the payment by the County of all main- tenance bills for the jail. SEVERIN HANSON -- PROOF OF PUBLICATION OF THE NOTICE OF ADOPTION OF RESOLUTION, CLOSING, VACATING AND ABANDONING PLAT OF ROSELAND AS RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF BREVARD COUNTY, FLORIDA, IN PLAT BOOK 1, PAGE 78. RECOIR ' `' BEACH PRESS -JOURNAL GOOK 24 PAGE 1i Published Weekly � Vera Beach, Indian Riven County, Florida � NOTICE Is HEREBSY GIVEN`. That the Board of County Coln missioners of Indian Rive County, STATE OF FLORIDA 0orida,;has adopted a resolution COUNTY OF11,1NDIAN R I1 Epl: vacating, abaitdos ing, discontinuing 1L and closing any existing `public or Before ',!the and 'e oed authority personally appeared J. J. Schumann, who. I private street, alleyway, road. on oath says that he isBu�iriess Manager of the Vero Beach Press -Journal, a weekly highway or other place -'used for travel or any portion thereof and newspaper published at; Vero'; Beach in Indian River County, Florida; that the attached has renounces and disclaimed any + right of the County and the pub - advertisement, being a _— pub - lit. in and n any land delineated' copy of �d" upon or connected with , Wee Plat of Roseland, as recorded in the office of .the Clerk of the Circuit . In the matter Of - Court of Brevard County, Florida, in Plat Book d page 78, said lands + w.+r� now being situated in Indian River �+ County, Florida, -and said Board has adopted a resolution vacating 1' and ,annulling said plat. i in the dourt, was pub- BOARD OF COUNTY , COMMIS SIONERS OF: INDIAN RIVER,; fi COUNTY, FLORIDA lished in said newspaper in tale issues Of DOUGLAS BAKER, Clerk j Oct. ` 10, 1957. X 2— Affiant fuFther says that, the said Vero Beach Press- Ournal is a news0aper published at Vero Beach, in said Indian River County, Florida, and that the $al$ newspaper has' heretofore �I been continuous published ini said Indian River Cou4ty, �''lorlda, weekly and, has been entered as second class all matter at the post office in Vero 1 eb, in said iadian iAver Ctlunty Florida W � for a period of ne year neict preceeding the first pubic" of the attached oopy, of advertTzgement 14y ® ' and affiant furt�ier says that a has neither paid n" promised any . person, firm bit 'cofparation # s i (m t:7 CJ e i a any discount, rebate, commission or refund for the purgose' of securing"'Ithis adtiertiss=npnt 'for, Z!3 g ,r ? publication in t}�e said nespa.14 er. ° Sworn to and subscribed before me :' n? Cs'1 CTI I day of this _, r nk A. D. /ji11r.rn Clerk of the Circuit CoUR, Indian RtVer County, arida; (SEAL) Attorney Smith stated that he had been unable to obtain right of way deeds for two parcels of land along the Winter Beach Road. Upon Motion made by Commissioner W. C. Graves, Jr., seconded by Commissidner **Cullers and unanimously carried, the Board authorized the County Attorney to start condemnation proceedings on these two parcels. R E S O L U T I O N -- Condemnation Winter Beach Road WHEREAS, the Board of County Commissioners, acting for and upon .behalf of Indian River County, Florida, have entered into an agreement with the State Road Department to obtain on behalf of the County for the State of Florida, for the use and benefit of the State Road Department, all of the rights of ways, easements and lands for the construction of State Road No. S-632, Section 8859-150 in Indian River County, Florida, which road extends from State Road No. 5, westerly to State Road S-505; and WHEREAS, said County has been unable by donation or purchase to acquire the remain- ing parts thereof; Now,.therefore, BE -IT RESOLVED by the Board of County" -.-Commissioners of Indian River County, Florida, tha t Shereman N. Smith, Jr., the attorney for this Board in said County, is herewith author- E 1 1 1 11 I. 1 0 0 1 1 1 • 11 ized and directed to prepare and file in the Circuit Court of Indian River County, Florida, any and all documents required in order that said lands required for said rights of ways shall be condemned in eminent domain proceedings and the title to said lands vested in said State, including a Declaration of Taking, as authorized by Chapter 74, Florida Statutes, and said attorney is further authorized and directed to prosecute said proceedings in the name of Indian River County, Florida, to final judgment. The County Attorney stated that the Trustees had been releasing easements on Murphy Act lands and then the County was having a hard time getting the rights of ways back. He further stated that if the county would send a map to the Trustees showing which side of the road the ditches were on then they would know which they could release and which not to release. The Board appointed the Road and Bridge Superintendent to work with the County Attorney on such a map to be sent to the Trustees. Mrs. Anne Christensen County Welfare Case Worker appeared before the Board and gave a report of her activities for the Month of October. Mrs. Christensen also stated that she would need help for the next two months of November and December. The Board authorized her to obtain such help and to pay said help $100.00 per month, this upon Motion ma de by Commissioner W. C. Graves, Jr., seconded by Commissioner McCullers and carried. VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida STATE OF FLORIDA COUNTY OF INDIAN RIVER: Before the undersigned authority personally appeared J. J. Schumann, who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a __--------___-------_--------- — ---_ Y in the matter of in the Court, was pub - fished in said newspaper in the issues of __—_______________------ -___--_______—___--_ Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida, for a period of one year next preceeding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and rs�ubscribed before me Q Q this ' ` day of r , Clerk of the Circuit Couff, Indian River Counj, Florida (SEAT,) - NOTICE NOTICE IS :HEREBY GIVEN that the Zoning Commission of In- dian River County,, Florida, has I made its Final Report recom- mending -changes ecommending--changes and additions to the Zoning Resolution of Indian River County, Florida; which said I changes and additions are sub- stantially as follows; 1. That the Zoning Map be changed in order that the follow- ing described; property, situated in Indian River County, Florida, to - wit: All of: the area South of a line 150 feet South of Church Road and East, of a line 150 feet East of. the Old Dixie Highway and North of a lime 150 feet North of Glendale Road and West of the Florida East Coast Railway be changed from R-1, Single Family District, to M-1, 'Industrial District. 2. That the Zoning Map be changed in order that the follow- ing described property, situated in Indian River County, Florida, to. wit: All of the area from Glen- dale Road to Citrus Road on Clemann Avenue; be changed from C-1, Commercial) District, to ;R-1, :Single _Family Dis-I trice. I 3. That the Zoning Map bel changed in order that the follow. ng described property, situated I, in Iridian River :County, Florida, to -wit All of the area ?�, mile west of Clemann Avenue between Rose- dale and Glendale; 6e changed from R-1, Single Fam- ily District, to R -1-A, Single Fam- ily District. 4. That the Zoning Map be changed in order that the follow. ing described ' property, situated in 'Indian River' County, Florida, -to-wit: All .of the area North of a Llune 330 feet Nort1j, of State Road 60 between Range Line _ (respect to said Final Report or with respect to any other change In _ zoning -of said above described property or any lesser or greater area in the vicinity of said prop- erty as shall appear proper. HOARD OF COUNTY COMMIS- SIONERS OF INDIAN RIVER COUNTY, FLORIDA By J. J. P. Hamilton, Chairman October 17, 1957 R E S O L U T I O N -- Zoning Changes Upon Motion made by Commissioner Macdonald, seconded by Commissioner McCullers and unanimously carried, the following Resolution was adopted: WHEREAS, the Zoning Commission of Indian River County, Florida, did, after public notice and hearing, make its final report recommending changes and additions to the Zoning Resolution of Indian River County, Florida; and WHEREAS, this Board did publish its Notice of said recommended changes and additions and did, pursuant thereto, hold a public hearing in relation thereto at which parties in interest and citizens were heard, i+ NOW, THEREFORE: ! BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida, ii that the Zoning Resolution of Indian River County, Florida and the accompanying Zoning Map be 8 changed as follows, to -wit: d 1. That the Zoning Map be changed in order that the following described property, situated in Indian River County, Florida, to -wit: All of the area South of a line 150 feet South of Church Road and East of a line 150 feet East of the Old Dixie Highway and North of a line 150 feet North of Glendale Road je k and West of the Florida East Coast Railway; be changed from R-1, Single Family District, to M-1, Industrial District. 2. That the Zoning Map be changed in order that the following described property, situated in Indian giver County, Florida, to -wit: All of the area from Glendale Road to Citrus Road on Clemanns Avenue; be changed from C-1, Commercial District, to -R-1, Single Family District. 3. That the Zoning Map be changed in order that the following described property, situated in Indian River County, Florida, to -wit: h All of the area 1/2 mile West of Clemanns Avenue between Rosedale and Glendale; be changed from R-1, Single Family District, to R -1-A, Single Family District. i 4. That the Zoning Map be changed in order that the following described property, si� tuated in Indian River County, Florida, to -wit: i All of the area North of a line 330 feet North of State Road 60 between Range Line Road and Ranch Road; a be changed from R-3 Transient District, to R-1, Single Family District. The County Attorney presented a quit -claim deed from Joseph W. Walton and wife to the County, giving to the County the right of way -for a public road. Upon Motion made by Commissioner Macdonald, seconded by Commissioner W. C. Graves, Jr. and unanimously carried the Board accepted said deed conveying said right of way to said county, and the Clerk was author- ized to put same on record. The Board authorized County Attorney Sherman N. Smith, Jr., to prepare a notice for a public hearing to establish a bulkhead line for Indian River County... 1 1 1 1 LJ �J 1 1 0 1 0 1 1 0 Dave Robinson together with a delegation representing the Vero Beach Country Club appeared before the Board with reference to the paving of 30th Street on the East side of U. S. #1. Also present were several of the property owners along the street. After considerable) discussion in the matter and upon Motion made by Commissioner Robert Graves, seconded by Commissioner McCullers and unanimously carried, this Board agrees with the property owners on 30th Street and the Vero Beach Country Club that the existing paving project of this street shall stop at the West line of the golf course property with the view of putting the bridge across the main canal to permit access to this street from the South and the County Engineer is directed to present to the Board an estimate of the cost of such a bridge after which the Board will consider the matter with the interested parties to determine how the bridge can be financed. That the Board concurs in the long range plan of a future bridge to the East of the Golf course so the public road through the golf course property can be eventually abandoned. The Attorney, Sherman N. Smith, Jr., stated that the Zoning Commissions were in need of soneone to take minutes for them and requested that Katherine Morrison take such minutes and be paid for same. The County Engineer requested that he and Eugene Hamilton be allowed expenses to attend a meeting in Tampa of the Portland Cement Company. The Board authorized such expenses.�� Ed Schmucker told the Commissioner he would like to advertise and buy a new LoBoy and Tractor unit. Upon Motion made by Commissioner Macdonald, seconded by Commissioner McCullers and unanimously carried, the Engineer was authorized to advertise for bids on this equipment. The following Notary Public Bonds in the amount of $500.00 each were approved by Douglas Baker, Clerk as required by law. Jane Weber w/ American Surety Co. of New York as surety. Barbara Biganoisse w/ American Surety Co. of N. Y. as surety. Garland Hayes, Jr. w/ American Fire & Casualty Co. as surety. L. A. Nusser w/ American Surety Co. of N. Y. as surety. Alex MacWilliams, Jr. w/ American Surety Co. as surety. The following Resolution was introduced by Commissioner McCullers, seconded by Commissioner J. J. P. Haipilton and unanimously adopted: R E S O L U T I O N -- Item to Item Transfers WHEREAS, there is a total surplus of $750.00 in the Road & Bridge Fund of�Indian River County under some items and which surplus exists after the payment of all necessary expenditures under such items for the current fiscal year; and f WHEREAS, there is a deficiency in funds necessary to provide for the proper and authorized expenditures under some items in the Road & Bridge Fund; and, WHEREAS, said items mentioned are a part of the same fund and the transfer from one item to another item in the same fund and is not a transfer from one fund to another fund; therefore, BE IT RESOLVED that there.is herewith transferred the sum of $750.00 from some items where there is a surplus to the items where there is a deficiency, according to detailed statement attached, all in the Road & Bridge Fund of the current budget of Indian River County as provided by law. r Item to Item Transfers EXPENDITURES A/C Name 421. Maintenance of Buildings Reserve for Contingencies - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - .P u The Several bills and accounts against the County, having been audited, were examined and found correct, were approved and warrants issued in settlement of same. Such bills and accounts being on file in the office of the Clerk of the Circuit Court, the warrantslE so issued from the respective funds being listed in the Supplemental Minute Book as provided z by the rules of the State Auditor, reference to such record and the list so recorded being made a part of these minutes. their The t*oc County Depositor%sfiled monthly statements, showing receipts anis disburse- ments of the various funds, which have been audited, were found to be correct. There being no further business, on motion, made, seconded and carried, the Board then adjourned. CHAIRMAN ATTEST: SECRETAR TUESDAY, DECEMBER 3, 1957 The Board of County Commissioners of Indian River County, met at the Courthouse, Vero Beach, Florida in a regular meeting held at 9:00 o'clock A. M. Tues day, December 3, 1957. All members were present. Also present were Ed Schmucker, Road & Bridge Superintendent. Sherman N. Smith, Jr., Attorney and Katherine Morrison, Secretary. The Chairman asked if there were any changes or additions to be made to the minutes of November 5, 1957, there being none and upon Motion made by Commissioner W. C. Graves, Jr., seconded by Commissioner Donald Macdonald the minutes were approved as read. Homer Fletcher, Tax Assessor appeared before the Board and requested permission to adjust the valuation and extended tax on the following described property on the 1957 tax roll, Lot 1 & Sk of Lot 2, Block 2, Tropicolony S/D for the reason that the house on said lot was constructed after January 1, 1957 and therefore not assessable as improved property. Upon Motion made by Commissioner W. C. Graves, Jr., seconded by Commissioner Robert Graves and unanimously carried, permission was granted to adjust the valuation on said lot. 0 1 0 1 1