HomeMy WebLinkAbout3/3/1959R N
Vi1
amount of $82,590.41, and asking the wishes of the Board in regard to awarding the contract.
Upon Motion made by Commissioner McCullers, seconded by Commissioner Hamilton and unanimously
carried, the Board concurs with the low bid by Swords Bros. McDougal Co. and asked the Clerk
to so advise the State Road Department.
Mr. Schmucker reported he had a letter from the Florida East Coast Railway Company
advising the Board that the County would have to put closing gates and lights up if we opened
a crossing at 11th Street North of Sebastian. The Board said in that case we would have to
do without the crossing.
Mr. Art Karst requested that the Lateral B Road name be changed to King's Highway.
The Board upon Motion made by Commissioner Hamilton, seconded by Mr. McCullers and unanimously
carried, agreed that all that part of the Public Road formerly known as Lateral B, extending
from State Road 60 South to the South County line be nemed, known and designated as King's
Highway.
There being no further business, upon motion made seconded and carried, the Board
then adjourned.
1"I"GI tOMIN,1
TUESDAY, MARCH 3, 1959
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, March 3, 1959.
Present were Robert W. Graves, Chairman; D. B. McCullers, Jr., J. J. P. Hamilton and Donald
Macdonald. Mr. H. H. Gifforls chair was empty due to his death on February 26th and no one
as yet has been appointed to fill his place. Also present were Ed Schmucker, County Engineer,]
Sherman N. Smith, Jr., Attorney and Katherine Morrison, Deputy Clerk.
Upon Motion made by Commissioner Hamilton, seconded by Commissioner McCullers and
carried, the minutes of regular meeting of February 3rd and regular meeting of February 17th
were approved.
A letter was received and read from Mr. W. J. Roschach, Pres. of Tropicolony, Inc.
with regard to a zoning change.on State Road 60 (North side only) between Range Line Road and
Ranch Road. The Board requested Sherman N. Smith to dictate a letter to the Secretary ans-
wering Mr. Roschach's letter.
Commissioner Macdonald stated that the appraisal has been made on the Roseland
Airport property which the County would like to obtain for a public park and that we will
have thirty days from the time we receive the official appraisal from the Federal Government
in which to send in our bid. He further stated the Government will accept 50%h of the
appraised value from the County for the land. He further sta ted with the application we
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would have to outline the improvements we expected to make in this area.
The Attorney for
the Board stated that he would get right to work on this matter as soon as the appraisal is
received.
Mr. Macdonald further stated that Mr. Kjorswick owned a part of the land we needed
for a roadside park at the Sebastian River and he would contact Mr. Kjorswick and see if he
could obtain a deed from him for the portion we need.
Chairman Graves said he had been contacted by Mr. Goodrich and that a joint meeting
would be held March 10th at 2 o'clock P. M. at the Red Cross Building betwwen members of
the Pilot Club, Board of County Commissioners, Hospital Board members and any others interested
in a nursing home or Old Folk's Home.
Attorney Smith stated that the Condemnation Suit for 16th Street right of way has
set for trawl on March 10th and that we have only three parcels to be tried. One for Kolb
the County appraiser has appraised at $66.15, his appraiser has appraised at $165.00, and they
will settle out of Court for $116.50. The second one for Mr. Fessel, the County appraisal was.
$397.00, his appraiser's figure was $1298.00 and they will settle out of Cpurt for $850.00.
The third one for Mike Woodard, the County appraisal was $404.00, his appraiser's figure was
$2,091.00 and they will settle for $1243.00. After some discussion in the matter, the Board
stated they would settle with Mr. Kolb for $116.50, but asked Mr. Smith to see if the other
.two would cut the amount they would settle for by about half over and above the County appraise
value.
Attorney Smith presented a Resulution requesting the Issuance of Hospital Bonds
by the Board of County Commissioners of Indian River County in the amount of $750,000.00.
After considerable discussion in the matter and upon Motion made by Commissioner Macdonald,
seconded by Commissioner Hamilton and unanimously carried, the following Resolution was adopted
RESOLUTION -- Providing for the issuance of $750,000.00
Hospital Bonds of Indian River County, Florida
and prescribing the Maturities, Form and other
details of said bonds.
WHEREAS, the Board of County Commissioners of the County of Indian River, Florida,
has heretofore determined that it is necessary to issue bonds of the County of Indian River,
Florida, in the principal amount of $750,000.00 in order to construct and establish a public
hospital in said County and carry out the purposes for which the levy of a specail tax and the
issuance of bonds was approved by the qualified electors residing in said County who were
freeholders at the general election held in said County on the 4th day of November, 1958; now
therefore
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA:
Section 1. Pursuant to the election held in said County on November 4, 1958 and
Chapter 155, Florida Statutes, there shall be issued $750,000.00 of Hospital Bonds of the
County of Indian River, dated February 1, 1959, numbered 1 to 750, inclusive, in the denomi:
of $1,000 each, and maturing in numerical order on February 1 of each year in the years and
amounts as follows:
YEAR
AMOUNT:
YEAR
AMOUNT
1963
$20,000
1974
$359000
1964
20,000
1975
353,000
1965
253,000
1976
353,000
1966
25,000
1977
403,000
1967
25,000
1978
40,000
1968
25,000
1979
40,000
1969
309000
1980
45,000
1970
30,000
1981
45,000
1971
30,000
1982
45,000
1972
30,000
1983
503,000
1973
30,000
1984
509000
The bonds maturing in 1963 and 1964 shall not be redeemable prior to their stated
dates of maturity. The bonds maturing in the years 1965 to 1984, both inclusive, shall be
redeemable prior to their stated dates of maturity, at the option of the County, in whole or
in part but in inverse numerical order if less than all, on February 1, 1964, or on any interest,
date thereafter, at the principal amount thereof, plus accrued interest to the date fixed for
redemption, plus the following premiums, expressed as a percenta ge of the par value of any
such bonds so redeemed, if redeemed in the following years:
Four per centum (4%) in 1964 to 1967, inclusive;
Three per centum (3%) in 1968 to 1971, inclusive;
Two per centum (27.) in 1972 to 1975, inclusive;
One per centum (1%) in 1976 to 1980, inclusive;
Without premium if redeemed in 1981 or thereafter prior to maturity.
In the event that the County determines to exercise the right to redeem said bonds,
notice of intention to redeem shall be given in the manner provided in the form of the bonds
hereafter set forth in this resolution. Said bonds shall bear interest payable semi-annually
on February 1 and August 1 of each year at such rate not exceeding the legal rate of six per
centum per annum as may be obtained upon the sale thereof, and both principal and interest
shall be payable at the Chemical Corn Exchange Bank, New York City, New York.
Section 2. Said Bonds shall be registerable at the option of the holder as to
principal only at the office of the Clerk of the Board of County Commissioners as registrar, or
such other registrar as shall hereafter be legally appointed in the manner provided herinafter
in the form of said bonds.
Section 3. Each of said bonds shall be signed by the Chairman of the Board of County's
Commissioners, by his manual or facsimile signature, and shall have the corporate seal of said
Board, or a facsimile thereof, affixed thereto or imprinted theron and attested by the Clerk
of the Board by his manual or facsimile signature; provided however, that either said Chairman
or said.Clerk shall manually apply his signature. Said bonds, the interest coupons to be
attached thereto, and the registration certificate and validation certificate to be endorsed
thereon shall be in substantially the following form:
UNITED STATES OF AMERICA
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
HOSPITAL BOND
The County of Indian River, in the State of Florida, acknowledges itself indebted,
and for value received, hereby promises to pay to bearer, solely from the special taxes herein-
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after referred to, the principal sum of
ONE THOUSAND DOLLARS
on the first day of February, 19 , together with interest thereon from the date hereof at
the rate of
per centum per annum, payable semi-annually, on the first day
of February and on the first day of August of eacy year, upon presentation and surrender of
the annexed interest coupons as they severally become due. Both principal and interest are
payable in lawful money of the United States of America at the Chemical Corn Exchange Bank,
New York City, New York. The bonds of the issue of which this bond is one maturing in the
years 1963 and 1964 are not redeemable prior to their stated dates of maturity. The bonds
of the issue of which this is one maturing in the years 1965 to 1984, both inclusive, are
redeemable prior to their stated dates of maturity, at the option of the County, in whole or
in part but in inverse numerical order if less than all, on February 1, 1964, or on any
interest payment date thereafter, at the principal amount thereof, plus accrued interest to
date fixed for redemption, plus the following premiums, expressed as.a percentage of the par
value of any such bonds so redeemed, if redeemed in the following years:
Four per centum (44�) in 1964 to 1967, inclusive;
Three per centum (3%) in 1968 to 1971, inclusive;
Two per centum (2%) in 1972 to 1975, inclusive;
One per centime (1%) in 1976 to 1980, inclusive;
Without premium if redeemed in 1981 or thereafter prior to maturity;
Notice of such prior redemption shall be published at least once at lea st thirty
days prior to redemption date in a financial paper published in the City of New York, New
York. Said bonds shall cease to bear interest after the date fixed for the redemption if
payment of the redemption price thereof has been duly provided for.
This bond is one of an issue of bonds of like tenor, date and amount, except as to
maturity, aggregating the sum of $750,000, issued by the Board of County Commissioners of
Indian River County, Florida, for the purpose of financing the cost of acquiring, construct-
ing and equipping a Public hospital for said County, under authority of and in strict com-
pliance with the Constitution and statutes of the State of Florida, particularly Chapter 155,
Florida Statutes, and the issuance hereof has been approved by the majority of the votes cast
at an election held in said County on November 4, 1958, at which election a majority of the
freeholders who were qualified electors residing in said County participated.
The principal of and interest on this bond are payable solely from the special taxes
authorized to be levied therefor by said election held in said County on November 4, 1958, and
the resolution of the Board of County Commissioner of Indian River County adopted on March 3,
1959.
IT IS HEREBY CERTIFIED that all acts, conditions and things required by the Consti-
tution and laws of the State of Florida to happen and be done precedent to and in the issuance
of this bond have happened and have been done and performed in regular and due form and time,
as prescribed by law; and that the total indeptedness of said County, including the issue of
bonds of which this is one, does not exceed any constitutional or statutory limita tion.
This bond may be registered as to principal only in accordance with the provisions
endorsed hereon.
IN WITNESS WHEREOF THE Board of County Commissioners of Indian River County, Florida,
has caused this bond to be executed by its Chairman, by his manual or facsimile signature, and
the corporate seal of said Board, or a facsimile thereof, to be hereto affixed or imprinted
hereon, and attested by its Clerk, by his manual or facsimile signature, and has caused the
attached interest coupons to be executed by the facsimile signatures of said Chairman and
Clerk, as of the first day of February, 1959.
(SEAL)
Attest:
Chairman, Board of County Commissioners
of Indian River County, Florida
Clerk, Board of County Commissioners
of Indian River County, Florida.
(Form of INTEREST COUPON)
Coupon No. $
On the first day of , 19 , Indian River County, Florida, promises to pay
to bearer in lawful money of the United States of America, at the Chemical Corn Exchange. Bank,
New York City, New York, Dollars, ($ ), being six months interest due
on that date on its Hospital Bond, dated February 1, 1959, and numbered
Chairman, Board of County Commissioners
of Indian River County, Florida
Clerk, Board of County Commissioners
of Indian River County, Florida
To be inserted in coupons on redeemable bonds:
(unless said bond shall have been .duly called for prior redemption and payment
thereof duly made or provided for).
(FORM OF VALIDATION CERTIFICATE)
This bond is one of a series of bonds that were validated and confirmed by decree of
the Circuit Court of the Ninth Judicial Circuit of Florida, in and for Indian River County,
rendered on the day of
, 1959.
Clerk, Board of County Commissioners Chairman, Board of County Commissioners
of Indian River County, Florida of Indian River County, Florida
(REGISTRATION PROVISION)
This bond may be registered as to rpincipal only under the signature of the Clerk
of the Board of County Commissioners of Indian River County, Florida, or such other registrar
as shall hereafter be appointed, and shall thereafter be transferable only by written assign-
ment of the registered owner or his attorney duly acknowledged or proved, such transfer to be
endorsed hereon and entered on the books of said registrar kept f6r that purpose. This bond
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may be discharged from such registration by being transferred to bearer, after whichl:it shall
again be transferable by delivery, but it may be again registered as before. Such registra-
tion as to principal only shall not restrain the negotiability of the coupons by delivery.
Date of Name of
Registration ; Registered Holder Signature of Registrar
Section 4. It is hereby found, determined and declared.by this Board of County
Commissioners that the assessed valuation of the taxable property in the County of Indian
River Florida, for the year 1958 was Twenty Six Million, Nine Hundred Seventy Six Thousand
and Four Hundred Forty Nine Dollard ($26,976,449.00); and that the levy of a five mills on
the dollar tax on the assessed valuation of all taxable property in said County, based upon
assessed valuation of all taxable property of said County for the year 1958, would have
yielded the sum of One Hundred Thirty Four Thousand Eight Hundred Eighty Two and 24/100 Dol
($134,882.24) in the year 1958.
Section 5. That as long as any of the bonds authorized by this resolution, or the
interest thereon, are outstanding and unpaid, the County shall be irrevocably and uncondi-
tionally obligated to the full extent necessary to comply with the provisions of this resolu-
tion, tolevy in each year a tax on all taxable property within said County, excluding all
property now exempt by law and exdluding homestead property, in an amount of not exceeding
five mills on the dollar on the assessed valuation of such taxable property in said County,
hereinafter referred to as 01five mills tax1B, subject, however, to the provisions of Section 7
hereof.
Such five mills tax shall be and constitute a special tax for the purposes provided
in this resolution and shall be levied as a separate tax apart from all other taxes levied
and collected by said County, and shall be used only for the purposes and in the manner pro-
vided in this resolution.
Section 6. There is hereby created a fund for the payment of the principal e,f and
interest on said bonds, and for the creation and maintenance of reserves therefor, which
shall be known as the "Sinking Fund".
All proceeds derived from the levy and collection of said five mills tax authorized
by this resolution shall be deposited in said Sinking Fund and said Sinking Fund shall be and
constitute a trust fund and shall be used only for the purposes and in the manner provided in
this resolution. The moneys in said Sinking Fund at any time shall be used only for the
following purposes and in the following order and priority:
(1) For the payment in each year of the principal of and interest on the bonds
issued pursuant to this resolution as the same shall mature and.become due, and such payments
shall be a first, prior and paramount lien on all moneys in said Sinking Fund;
(2) For the creation and maintenance of a Reserve Account -in said Sinking Fund and
County shall deposit in said Reserve Account from the moneys in the Sinking Fund, after making
or reserving funds for all payments required under subsection (1) above, the following amounts:
The sum of Eighteen Thousand Dollars ($18,000) not later than September 30, 1960;
The sum of Eighteen Thousand Dollars ($18,000) not later than September 30, 1961;
The sum of Eighteen Thousand Dollars ($18,000) not later than September 30, 1962.
Thereafter said County shall on September 30 of each year deposit in said Reserve
from the moneys in said Sinking Fund, but only after all payments required under subsection (1)
above have been made, such sums as shall be sufficient to maintain in said Reserve Account an
aggregate amount not less than Fifty -Four Thousand Dollars ($54,000); and no further sums shall
be required to be deposited in said Reserve Account in said Sinking Fund wheneverand as long
as the aggregate amoujnt of ;moneys on deposit in said Reserve Account is not less than the
sum of Fifty -Four Thousand Dollars ($54,000).
The moneys in said Reserve Account shall be used only for the payment of the Princ
of and interest on said bonds when the other moneys in the Sinking Fund are insufficient to
make such payments. Any withdrawals from said Reserve Account for said purposes shall be
restored from the first moneys available in said Sinking Fund therefor after the making of
all required payments under subsection (1) above.
No further payments shall be required to be made into either said Sinking Fund or the
Reserve Account therein whenever the amount of moneys on deposit in said Sinking Fund and said
Res erve Account therein, and irrevocably on deposit in trust for the payment of the principal
of and interest on the bonds issued pursuant to this resolution, are sufficient to pay in full
the amount of principal due or to become due thereafter on all bonds issued pursuant to this
resolution then outstanding, and all interest or redemption premiums due or to become due on
said outstanding bonds thereafter to the dates of stated maturity or prior redemption thereof.
(3) In each year, after the making or reserving of sufficient moneys for the making
of all payments under subsections (1) and (2) hereof, required for such year, including any
deficiencies for payments for prior years, any moneys remaining in said Sinking Fund may be
used by the County for the purpose of paying the cost of the operation and maintenance of the
public hospital to be financed by the issuance of the bonds authorized by this resolution or
for any other lawful purpose; provided, however, that such moneys in such Sinking Fund shall
never be used for any purposes except the purposes provided in subsections (1) and (2) hereof
in any year unless all payments required for debt service in such year as provided in subsectio
(1) hereof, including any deficiencies for debt service for prior years, have been made in full
and all payments required to be made into the Reserve Account in said Sinking Fund for such
year as provided in subsection (2) hereof, including any deficiencies for payments into said
Reserve Account in said Sinking Fund for prior years, have been made in full;
(4) The moneys in said sinking Fund, except the Reserve Account therein, shall not
be invested or reinvested at any time. The moneys in the Reserve Account in said Sinking Fund
may be invested or reinvested only in direct obligations of the United States of America.
Section 7. In the event that, based upon the percentage of the amount of such five
mills tax levied for the immediately preceding year and actually collected in cash in such
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immediately preceding year, it shall not be necessary in any year for the County to levy the
full and maximum amount of five mills on the dollar on the assessed valuation of taxable pro-
perty in the County as required by Section 5 hereof in order to produce sufficient amounts to
comply fully with subsections (1) and (2) of Section 6 hereof, then the County may reduce the
amount of such levy of such five mills tax in such year to such lesser millage and amount,
based as aforesaid on the percentage of the amount of such five mills tax levied for the
immediately preceding year and actually collected in cash in such immediately preceding year,
which will produce the amount necessary to make all the payments provided for and comply
fully with the provisions of subsections (1) and (2) of Section 6 hereof in such year; pro-
vided, however, that the County shall always be irrevocably and unconditionally obligated in
each year to increase said levy of said five vills tax to said full five mills, whenever
necessary to make all required payments under subsections (1) and (2) of Section 6 hereof,
including any deficiencies for prior payments.
Section 8. In the event that all principal of and interest on the bonds authorized
by this resolution shall not for any reason be paid at the maturity thereof, then said County
shall be irrevocably obligated to continue in each year the levy of said tax of five mills
on the assessed valuation of taxable property in said County to the full amount of five mills
so long as any of such bonds and the interest thereon are outstanding and unppid.
Section 9. The County Attorney, is hereby authorized and directed to take the
necessary proceedings for the validation of said bonds by the Circuit Court of Florida in and
for Indian River County, and the Chairman of this Board is hereby authorized to sign and
verify the petition for such validation and any other papers which may be required to be filed
in said proceedings.
Resolved and adopted at Vero Beach, Florida, by the Board of Cougty Commissioners
of Indian River County, Florida, on this 3fd day of March, 1959.
S/ Robert W. Graves
Chairman, Board of County Commissioners
of Indian River County, Florida
Attest:
---- s5L-DsU-SI-1s-Mor------------
Clerk, Board of County Commissioners
of Indian River County, Florida
Approved as to form and correctness:
s/ Sherman N. Smith, Jr.
County Attorney
_, The County Attorney, Sherman N. Smith, Jr. presented an agreement between the
Florida East Coast Railway Company and Indian River County for a Railroad Crossing in Se
The Cost of putting in the crossing will be around $22,000.00. Upon Motion made by Commiss
Hamilton, seconded by Commissioner Macdonald and unanimously carried, the following Resolution
was adopted, with the further provision that General Development Corporation would deposit
$22,000.00 with the Florida East Coast Railway to cover the cost of this crossing.
R E S O L U T I O N -- Railroad Crossing
BE IT RESOLVED by the Board of County Commissioners in and for Indian River County,
a political subdivision of the State of Florida;
1. That the said Board of County Commissioners consents to and agrees to enter into
an agreement with J. Turner Butler and William A. Hallowes, as Trustees of the property of
Florida East Coast Railway Company, and not individually, wherein and whereby said County of
Indian River is given the right and privilege to use as a public road crossing that part of the
Railway's right of way in Indian River County, at the location more particularly described in
agreement attached hereto and as per Railway's plan Corr. File 216-1, dated January 16, 1959,
attached hereto and made a part hereof.
2. That the Chairman, with the attestation of the Clerk, be and they are each hereby'w�
authorized and directed to execute the said agreement for and on behalf of the County of
Indian River, a political subdivision of the State of Florida.
3. That this resolution shall take effect immediately upon its passage.
AGREEMENT --
Railroad Crossing
THIS AGREEMENT, Made in duplicate this Ord day of March, 1959, by and between J.
TURNER BUTLER and WILLIAM A. HALLOWES, as Trustees of the property of Florida East Coast Railway
Company, and not individually, hereinafter called Trustees, and INDIANRIVER COUNTY, a political
subdivision of the State of Florida, acting by and through its Board of County Commissioners
(Address: Vero Bee-ch,Florida), hereinafter called Second Party.
W I T NF,E S S E T- H:
That the said Trustees, for and in consideration of the covenants and agreements here]
contained to be performed and kept by the Second Party, do 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 rectangular shaped parcel of land 20 feet in width northwesterly and
southeasterly extending northeasterly and southwesterly across the right
of way and over the tracks of the Railway at Cimmings, Florida, with
longitudinal center line intersecting the center line of the Railway's
northbound main tract at a point located 3,116 feet southerly from the
Railway's Maile Post No. 216 from Jacksonville, Florida.
As shown on print of the Railway's plan Corr. File 216-1, dated January
16, 1959, 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 prior ter-
mination as provided in para graphs 9 and 12 hereof.
In consideration of the rights, privileges and licenses hereby given by the Trustees
unto the Second Party, the Second Party covenants and agrees with the Trustees 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 shall
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be placed in or on said right of way or crossing without the previous consent in writing of jII
said Railway Trustees.
2. Second Party agrees that it will, at its sole cost, furnish all material,
equipment and labor required for and will perform all work required in connection with the
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construction, opening or improvements at this crossing from right of way line to right of way
line of the Railway, including the portions of said crossing across the Railway's existing a
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or any future tracks, from head of tie to head of tie, which portion of said crossing is to
be paved with rock and asphalt, with timber flangeways on each side of rails and header timbers',
between flangeways along each edge of paving, said timber flangeways to be installed by
Railway forces at Second Party's expense, the remaining portion of said crossing from head of
tie to head of tie is to be constructed and maintained by Second Party, under the supervision 11
of an authorized representative of the Railway. Second Party agrees to bear all cost of any
necessary changes in the Railway's track, driveways or other facilities, and any changes re-
quired in any pole and wire lines installed on the Railway's right of way, due to the existence
of said cr6ssing, whether owned by the Railway of otherwise, and Second Party further agrees tc
furnish material and labor required for and to install and maintain in good operating condition
all necessary drainage facilities or -the extension of any existing drainage facilities re-
quired on account of the location or existence of said crossing, all 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 Flor
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 opera tion on its right of way or modify or change the elevation, alignment or location
of the said crossing across the right of way and tracks of the Railway, all cost and expense j
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 entirely by the
Second Party, -..and such changes, modifications br additions may be accomplished only in ac-
cordance with plans and specifications approved by the Railway, and the execution of the work
under such plans and apecifications shall be subject to the supervision, inspection and appro-
val 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 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. Second Party agrees to relieve and release the Railway from assessments or other
charges 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.
6. 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 or wire lines now located
on the Railway's right of way, whether owned by the Railway or otherwise, resulting from the
installation of any part of said crossing shall be wholly borne by Second Party, all such costs�;ix
incurred by the Railway or its tenants, or corporation holding contract or sta tutory ease -
menta for such wires and poles shall be wholly paid by Second Party promptly upon receipt of
bills for such costs.
7. Second Party, at its expense, will install and maintain any necessary drainage
facilities required on account of the location and existence of said crossing, such installa-
tion, the adequacy thereof for the drainage required and the maintenance thereof are to be
subject at all times to the approval of the Railway's authorized representative.
S. Second Party sahll not take any action that will prevent or tend to prevent the
operation of trains over said crossing.
9. 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 void
and said described crossing shall terminate, with full right on the pXX part of the Trustees
and Railway to re-enter and repossess the same if they shall elect to do so.
10. Second Party agrees that automatic crossing protection consisting of automatic
flashing lights, bells.and gates will be installed at this public road crossing as a part of
! this project, at the sole cost of Second Party, and that such installation will be made by
the Railway and Second Party agrees to reimburse the Railway for all cost thereof.
11. Second Party hereby grants unto Florida East Coast Railway Company and its Trus
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tees all necessary permits for the installation, construction, erection, repair and maintena
of any of the facilities, work or fixtures mentioned or contemplated in and by this agreement,
I and Florida East Coast Railway Company or its Trustees shall give Second Party forty-eight
(48) hours' notice of intention to perform any such installation, construction, repair, erecti
III and maintenance.
12. This agreement is terminable (without prior notice to Second Party) by the
Trustees or their successors, including Receivers in Equity, or the assigns of the Estate, at
their option, upon the discharge of the Trustees as such, or upon the discharge of -any succeed-
ing Receiver or Receivers in Equity, any fixed period of time or any other thing herein to
the contrary notwithstanding, and in the absence of such cancellation, all rights of said
Trustees hereunder shall inure to the benefit of their successors or the assigns of the 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 -
urination of Second Party's use of the crossing herein licensed, Second Party shall remove,
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PN at its entire cost and expense, all improvements placed by it upon the said Railway's right of
way and restore the ground to its original condition.
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y� IN WITNESS WHEREOF, the parties hereto have cause these presents to be duly executed
te, each the day and year first above written.
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Signed, sealed and delivered in the presence of:
s/ Luke G. Galant
s/ Dora H. Horton
As to Trustees
s/ Katherine Morrison
s/ Ralph Harris
As to Second Party
J. TURNER BUTLER and WILLIAM A. HALLOWES
as Trustees of the property of Florida
East Coast Railway Company.
By: s/ J. Turner Butler SEAL
Trustee
INDIAN RIVER COUNTY, acting by and throuo
its Board of County Commissioners in and'
for INDIAN RIVER COUNTY (SEAL)
By: s/ Robert W. Graves
Chairman
Attest: s/ Douglas Baker
Clerk
The Attorney for the Board presented the following Letter of !Agreement pertaining
to right of way and upon Motion made by Commissioner Macdonald, seconded by Commissioner
McCullers and unanimously carried, the Board agreed to said terms and ordered the Chairman
sign said letter:
February 26, 1959
Mrs. Ludwig Bondy
Glendale Boulevard
Vero Beach, Florida
In re: Glendale Road - SRD 27
Dear Mrs. Bondy:
In consideration of your conveyance of the right of way described in the above
deed, Indian River County, acting by and through this Board of County Commissioners,
agrees with you as follows:
That the County will construct or replace whatever drainage structures there are
on this property being to ken on this right of way in order to provide drainage
as it exists prior to the construction of Glendale Road.
This agreement is approved by the Board of County Commissioners at its meeting as
shown on its minutes.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
BY s/ Robert W. Graves
CHAIRMAN
The recommendations of the Planning and Zoning Board for Public Hearing were dis-
cussed and upon Motion made by Commissioner McCullers, seconded by Commissioner Macdonald and
unanimously carried, the Board directed Public Heari_g`..be held before the Planning & Zoning
Board for a change in zoning for the South 333 feet of Lots S and 9, Section 36, Twp. 31 S,
Range 39, E. Indian River County, a part of which has been platted into a subdivision known as
Riverside Estates, be changed from F-1 Agricultural District to R-1 Single Family Districtl
and the Board further directs public hearing be held before the Planning and Zoning Board, on
all the property lying East of the Old Dixie Highway and lying West of the right of way of
the Florida East Coast Railway, and lying South of a line 150 feet North of Glendale and lying
North of the South Relief Canal, be changed from R-12 Single Family District to C -1-A, Re-
stricted Commercial District.
A letter was read from Julius C. Johnson requesting crossing.lights at North Gifford
and U. S. #1 and S. Gifford and U.S. #1, and also some school zone and congested area signs
in this same area. The Board asked the County Engineer to put up some congested area signs
and check on the school signs and put those up if needed.
A list of the confederate Pensioners in this County was presented to the Board for
approval and upon Motion made by Commissioner Macdonald, seconded by Commissioner McCullers and
unanimously carried, this list consisting of only one name, that of Mrs. Annie Ruffner of
Sebastian, Florida, was approved.
Upon Motion made by Commissioner Hamilton, seconded by Commissioner McCullers and
unanimously carried the following Resolution was adopted:
RESOLUTION -- Horace H. Gifford
WHEREAS, the Honorable HORACE H. GIFFORD was duly elected as a member of the Board
of County Commissioners of Indian River County, Florida, with his term of office to begin in
January, 1959; and,
WHEREAS, his untimely death did terminate his service to the people of this County
after serving for approximately two (2) months; Now, therefore,
BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida,
for themselves individually and for and upon behalf of the citizens of Indian River County,
Florida, that this Board does herewith express its profound and heartfelt sympathy" to the
1widow and children of the said Horace H. Gifford in this, their time of bereavement, not only
for their loss of their husband and father, but also for.the loss by the people of this County
of this loyal and faithful public servant; and,
BE IT FURTHER RESOLVED that certified copies of this Resolution be furnished to the
family and to the press and radio.
The County Engineer reported that the soil cement road we are putting in on the North
Gifford Road should be finished except for the Asphalt topping by Wednesday and tha t he would
send a bill to the Board of Public Instruction for the cost of the cement used in putting in
the driveway for the Gifford School.
The Board requested the County Attorney to see about getting the Condemnation proceed -
Ings started for Glendale Road within the next thirty days.
The County Engineer stated that Mr. Ginther would like to have the Board give tenta-
tive approval to a proposed plat of Bonny -Vista Acres wherein he will not dedicate a park
area but will put in two picnic tables and two open grills and keep the grass mowed in the park
area to be dedicated in the subdivision directly south of his to be known as Indian River Height,
The Board asked the Engineer if this arrangement would be alright with him and he stated it
(would, so upon Motion made by Commissioner Macdonald, seconded by Commissioner McCullers and
(carried, the Board tentatively approved the Plat of Bonny -Vista Acres with this arrangement.
Mrs. Anne Christensen, County Welfare Case Worker gave a report of her activities
for the Month of February and said report was ordered filed.
Mrs. Anne Christensen stated that Viola Wooden and her husband of Gifford would like
to give the County their home in Gifford if the County would take care of them till their death
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as they are unable to care for themselves. The Attorney stated this could be done and the
Commissioner's agreed to these terms, and authorized the Attorney to draw up the deed for
their signature.
Frank Zorc was in about Rosedale Road and the Board assured him that they would
send a road scraper up there as soon as possible.
Homer Fletcher, Tax Assessor appeared before the Board requesting an adjustment
on the property owned by Mr. Morris Adcock being Lots 9 and 10, Block 3, Townsite of Roseland
for the reason that Order of Circuit Court in and for Indian River County, Florida in Chancery
No. 4603-E in final decree, entered February 19, 1959. The Board so approved.
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 warrants
so issued from the respective funds being listed in the Supplemental Minute Book as provided
by the rules of the State Auditor, reference to such record and the list so recorded being
made a part .of these minutes.
The County Depository filed its monthly statement, showing receipts and disburse-
meats 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.
ATTEST:
CHAIRMAN
TUESDAY, MARCH 17, 1959
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, March 17, 1959.
All members were present. Also present were Ed Schmucker, County Engineer, Sherman N. Smith,
Jr., Attorney and Katherine Morrison, Deputy Clerk.
The Chairman stated they would dispense with the reading of the minutes until the
next regular meeting.
The Chairman further stated that no word has been received from the Governor
as to an appointment replacing Commissioner H. H. Gifford.
Mr. and Mrs. Vern Whittier appeared before the Board thanking the County for their
efforts in taking active part in the Surrency vs. County Suit. They further stated that Mrs.
Surrency through her attorney was appealing the case and they wanted to know whether or not
the County would continue with the appeal. After some discussion in the matter and the A ttor
for the Board sta ted that it would not --cost thei.:Cgunty near as much in the appeal as in the