HomeMy WebLinkAbout6/2/1959The County Engineer further stated that the Drainage District would go along with
moving of the ditch on the North end of Indian River Flying Service.
There being no further business, upon Motion made, seconded and carried, the Board
then adjourned.
ATTEST:
TUESDAY, JUNE 2, 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, June 2, 1959.
All members were present, except D. B. McCullers, Jr. Also present were Sherman N. Smith, Jr.,
Attorney, Ed Schmucker, County Engineer and Katherine Morrison, Deputy Clerk.
Upon Motion made by Commissioner Hamilton, seconded by,:Commissioner Macdonald and
carried, the minutes of regular meeting of May 5th were approved and of May 19th were approved
as corrected, wherein Paragraph 6 of said minutes were corrected to read after the words " Mr.
Sooner with the Army Corp. of Engineers..." "regarding our request for a public park site on
the beach".
Regarding Public Hearing held May 5th pertaining to proposed zoning changes, the pro-
posed zoning change for property lying East of the 0 d Dixie Highway and lying West of the
Railway and from Glendale to the South Relief Canal was further discussed and upon Motion made
by Commissioner Hamilton, seconded by Commissioner Macdonald and unanimously carried, the follo
ing Resolution was adopted:
R E S O L U T I O N
WHEREAS, the Zoning Commission of Indian River County, Florida, did after public
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 inter-
est and citizens were heard; Now, therefore,
BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida,
that the Zoning Resolution of Indian River County, Florida, and the accompanying Zoning Map,
be changed as follows:
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 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-1, Single Family District, to C-1 A. Restricted Commercial District as to
each and every part thereof excepting only where any parcel of propertyfronts on the Old Dixie
Highway and there has not been conveyed a right of way of forty feet East from the centerline
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of that highway, then as to each and all such parcels this zoning change shall not become
effective until such right of way is conveyed.
Resolution.
All within the meaning and intent and as -,-set forth and described in said Zoning
Mr. Billman appeared before the Board and stated that he had bought an old Sub-
division known as Lone Palm Park and also bought a ten acre piece of land adjoining which he
was platting. He stated that he had put the mads, drainage ditches, etc. in the new subdivis
which he put on record and was appearing before the Board and requesting that the County open
up the streets, ditches, etc. in the old subdivision which he bought. The Board discussed
the matter somewhat and decided that Commissioners Waddell and Graves would go with the County
Engineer and look over the ground and report back to the Board at the next regular meeting.
A Resolution was read from the School Board requesting 40 acres of land owned by
the County South and West of the present High School Building to be used for the purpose of
building a new High School. The Commissioners decided to table this matter until they could
get with Mr. J. A. Thompson, Superintendent of Public Instruction and view the land owned by
the County.
Sheriff Sam Joyce appeared before the Board requesting an Item to Item Transfer for
additional funds in his budget with which to purchase auto equipment. Upon Motion made by
Commissioner Waddell, seconded by"'Commissioner Macdonald and unanimously carried, the following
R, solution was adopted:
R E S O L U T I O N
WHEREAS, there is a total surplus of $41639.00 in the Fine & Forfeiture 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
WHEREAS, there is a deficiency in funds necessary to provide for the proper and
authorized expenditures under some items and in the Fine and Forfeiture 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 $4,630.00 from some
where there is a surplus to the items where there is a deficiency, according to detailed state -1
ment attached, all in the Fine & Forfeiture Fund of the current budget of Indian River County
as provided by law.
Item to Item Transfers
EXPENDITURES
ASC
824.
361.
Name
Sheriff's Equipment
Inquest- Physicians fees
TRANSFERS
To From
$4490.00
140.00
Sheriff's Reserve for Contingencies
County's Reserve for Contingencies
$4490.00
140.00
$4630.00 $4630.00
The County Attorney told the Board that he had not been able to secure a railroad
crossing at 16th Street and presented a Resolution which he had prepared which he thought might
be helpful in getting the Railroad to agree to said crossing. After some discussion in the mat
and upon Motion made by Commissioner Hamilton, seconded by Commissioner Waddell and unanimously
carried, the following Resolution was adopted:
R E S O L U T I O N
WHEREAS, the City of Vero Beach, Indian River County and the State Road Department of
Florida have heretofore designated and established 16th Street in the City of Vero Beach,
Florida, as a public road, which said public road is shown, designated and established by plat
of survey thereof filed by the State Road Department of Florida in the office of the Clerk of
the Circuit Court of Indian River County, Florida, in Plat Book 4, page 98 and,
WHEREAS, a part of said public road crosses the right of way of the Florida East Coast
Railway; Now, therefore,
BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida,
that the Florida East Coast Railway Company and J. Turner Butler and William A. Hallowes, as
Trustees of the property of Florida East Coast Railway Company, and their officers, agents and
employees be herewith notified in writing by the Board of County Commissioners of Indian
River County, Florida, that a public road crossing across the right aE way of said railway
as hereinbefore set forth is required and they are hereby required to build said crossing and
to construct, maintain and keep in good condition said highway crossing, such crossing to be
constructed with as little slant as practicable within thirty (30) days from the time of
service of this notice; and,
BE IT FURTHER RESBLVED that in the event said railway company, its owners or operators,
shall fail or refuse to construct such crossing within the time specified herein, that then the
County Commissioners of Indian River County, Florida, shall proceed to have said crossing
built and upon completion thereof, shall file in the dffice of the Clerk of the Circuit Court
of said County an itemized statement of the expenses for labor and material, sworn to by the
superintendent of the work, which statement shall be by said Clerk forthwith recorded in the
Lien Record Book and shall thereupon become a lien upon the road -bed and rolling stock of said
railway, all as provided by law.
The Board discussed the idea of having a survey made for additional right of way to
be required for an overpass at 16th Street Railroad crossing and upon Motion made by Commis
Macdonald, seconded by Commissioner Waddell and unanimously carried, the following Resolution
was adopted:
That the State Road Department of Florida be requested to give the County the right of
way plan showing sufficient right of way to permit the construction of an over -pass across the
Florida East Coast Railroad at 16th. Street, with the understanding that the County would now
acquire this right of way and thus it would be available if and whn an over -pass could be
constructed.
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The Board discussed asking the State Road Department to let the contract on 16th St.1
let the Contractor do all except the railroad crossing. After some further discussion
and upon M tion made by Commissioner Macdonald, seconded by Commissioner Waddell and unanimously
carried, the following Resolution was adopted:
That the State Road Department of Florida be requested to immediately let the Con -
tract for the construction of 16th Street irrespective of the fact that the permit for the
railroad crossing has not been obtained, in order that the contractor could begin construction
of all of this road except the railroad crossing itself wit1j the understanding on the part of
the County that a railroad crossing will be obtained. In support of this request the County
ants out to the State Road Department, the fact that this road passes by and serves two public
schools in the County both of which will be closed for the summer on June 5, 1959, and a great
deal of the problems of traffic and inconvenience to the public by this construction could
avoided if the Contractor could begin work immediately.
The County Attorney stated he was ready to file condemnation suit on 6th Avenue,
and upon Motion made by Commissioner Macdonald, seconded by Commissioner Waddell and unanimously]
d, the following Resolution was adopted:
RESOLUTION
WHEREAS, the Board of County Commissioners, acting for and upon behalf of Indian
River County, Florida, has determined that it is a matter of public necessity that 6th Avenue,
from U. S. Highway No. 1 North to State Road 60 should be opened up, established and
all the rights of ways,easements and lands acquired for the construction of that street in
Indian River County, Florida; and
WHEREAS, said County has been unable by donation or purchase to acquire the re-
ining parts thereof; Now, therefore,
BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida,
that Sherman N. Smith, Jr., the attorney for this Board, is herewith authorized and directed to
and file in the Circuit Court of Indian River County, Florida, any and all pleadings,
ess and documents required in order that all of the lands, rights of ways and easements
required for the construction of said road shall be condemned in eminent domain proceedings and
the title to said lands vested in said County, including a Declaration of Taking as authorized
Chapter 74, Florida Statutes, and said Attorney is further authorized and directed to
secute said proceedings in the name of Indian River County, Florida, to Final judgment.
The County Attorney further stated that the tentative plans for purchase of a marl
it had not as yet materialized that a contract had been forwarded to Mr. Frazier's brother
in California.
The Attorney read a Resolution passed by the Board of Trustees for the Indian
ver County, Florida, public hospital, requesting the Board of County Commissioners of -
Indian River County to immedicately adopt a resolution authorizing the sale of $750,000.00
ital bonds. Upon Motion made by Commissioner Macdonald, seconded by Commissioner Hamilton
unanimously carried, the following Resolution was unanimously adopted:
RESOLUTION AUTHORIZING THE SALE OF
$750,000 HOSPITAL BONDS AND PUBLICATION
OF NOTICE THEREOF.
WHEREAS, this Board has by resolution duly adopted on March, 1959, authorized the
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issuance of $750,000 Hospital Bonds of Indian River County pursuant to an approving vote of the
freeholder electors at an election duly called and held on November 4, 1958; and
WHEREAS, the issuance of said Hospital Bonds has been validated and confirmed by
decree of the Circuit Court of the Ninth Judicial Circuit of Florida in and for Indian River
entered on May 12, 1959; and
WHEREAS, it is now deemed advisable and in the public interest to offer said Hospital
Bonds for public sale at the earliest opportunity; now therefore
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA:
Section 1. That the Hospital Bonds in the aggregate principal amount of $750,000
mentioned in the preambles hereof shall be offered for public sale on June 16, 1959, and sealed
bids shall be received by this Board at 9:00 o'clock A. M. on said date and said Hospital Bonds
forthwith awarded and sold to the successful bidder therefor.
Section 2. That the notice of sale of said $750,000 Hospital Bonds in the form
annexed hereto as "Exhibit At' and made a part hereof, shall be published in the Vero Beach Press
Journal, and in the Daily Bond Buyer, and the proper officials of the County are hereby
authorized and directed to cause such publication to be made in the manner required by law.
Section 3. This resolution shall take effect immediately upon its adoption.
NOTICE OF SALE
COUNTY OF INDIAN RIVER, FLORIDA
$750,000
HOSPITAL BONDS
Sealed proposals will be received by the Board of County Commissioners of the County
of Indian River, Florida, until and publicly opened at nine 1'clock A. M.. (Eastern Standard
Time), on the 16th day of June, 1959, at the office of the Circuit Court Clerk, ex officio
Clerk of the Board of County Commissioners, in his office in the Courthouse at Vero Beach,
Florida, for the purchase of all, but not less than all, of Seven Hundred Fifty Thousand
Dollars ($750,000) principal amount of Hospital Bonds of said County, in the denomination
of One Thousand Dollars ($1,000) each, dated February 1, 1959, and maturing in numerical order,
on February 1 in the years and amounts as follows:
Year Amount
Year
Amount
Year
Amount
1963 $20,000 1970 $30,000 1977 $40,000
1964 203,000 1971 30,000 1978 40,000
1965 252000 1972 30,000 1979 40,000
1966 25,000 1973 30,000 1980 45,000
1967 25,000 1974 353,000 1981 459000
1968 25,000 1975 352000 1982 453,000
;1969 30,000 1976 359000 1983 509000
1984 509000
The bonds maturing in 1963 and 1964 are not redeemable prior to their stated dates
of maturity. The bonds 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 numbrical_ 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 the date fixed for re-
demption, 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 (47.) 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 centum (1%) in 1976 to 1980, inclusive;
Without premium if redeemed in 1981 or thereafter prior to maturity.
Principal and semi-annual interest (February 1 and August 1) payable at the principal
office of the Chemical Corn Exchange Bank, New York City, New York.
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No bids will be considered for less than ninety-eight per cent (98%) of the par G
value thereof and accrued interest. Bidders may specify not more than three different rates II
of interest but the same single rate of interest must be named for all of the bonds maturing in
the same year, and no interest rate shall exceed six per centum (6%) per annum expressed in
multiples of one-eighth or one -twentieth of one per centum. A repeated rate of interest C
shall not be considered a different rate of interest.
The award of the bonds will be made on the basis of the lowest net interest cost
to the County. Comparison of bids, in determining such lowest net interest cost will be made
by taking the aggregate amount of interest at the rate or rates spedified, computed from
February 1, 1959, to the respective maturity dates of said bonds, and deducting therefrom the
amount of premium specified, if any, or adding thereto the discount, if any.
The principal of and interest on said bonds are payable solely from the special
taxes authorized to be levied therefor at an election held in said County on November 4, 1958,
and a resolution of the Board of County Commissioners of Indian River County adopted on March
3, 1959. The bonds are to be issued for the purpose pf paying the cost of constructing and
equipping a public hospital for said County.
Each bid must be accompanied by a certified or cashier's or treasurer's check drawn
upon an incorporated bank or trust company in the amount of $15,000 payable to the order of the'
County. No interest will be allowed upon the good faith deposit of the successful bidder.
The legality of said bonds will be approved by Messrs. Caldwell, Marshall, Trimble
& Mitchell, 115 Broadway, New York City, whose opinion as to the legality of said bonds will
be delivered free of charge to the pruchaser or purchasers of said bonds together with an
executed no -litigation certificate in the customary form dated as of the date of the delivery
of and payment for said bonds.
All bids must be unconditional. Bids should be enclosed in a sealed envelope,
marked on the outside "Bid for Indian River County Hospital Bonds" and addressed to the
Circuit Court Clerk, ex officio Clerk of the Board of County Commissioners.
The County reserves the right to reject any and all bids and any bid not complying
with the provisions hereof will be rejected. More definite and detailed information may be
had upon application to the undersigned.
/s/ Robert W. Graves
Chairman, Board of County Commis-
sioners of Indian River County, F
The County Engineer stated he had received a letter from American Telephone & Tele-
graph Company requesting permission to go under the pavement at any time that they so need to
on 6th Avenue in Whispering Palms Subdivision. After some discussion in the matter and upon
Motion made by Commissioner Waddell, seconded by Commissioner Hamilton and unanimously carried,
the Board passed the following resolution for adoption:
That based upon the request of American Telephone and Telegraph Co. by letter of
May 12, 1959, signed by A. A. Sargent, its right of way superintendent, the County does here-
with agree that in consideration of the construction of the extension of 6th Avenue through Wh
Whispering Palms S/D across the easement and right of way for the Delando-West Palm Beach
Line - Markers 339-340, the County agrees that the American Telephone and Telegraph Company
shall continue to have the right to have access to its cable and if necessary, such access
may be an opening in the pavement for this street, provided however, that in the event such
opening is made said street shall be placed in its original condition by the American Telephone)
& Telegraph Company.
The County Engineer said that the owners of Frossard-Glendale S/D wanted permission
to place a water plant on two lots in their subdivision but would not be the required distance
away from a residence. He further stated that the plant would only serve their subdivision
at present but if the need called for it they might want to expand. After some discussion in
the matter and upon Motion made by Commissioner Waddell, seconded by Commissioner Hamilton and
unanimously carried, the Board agrees that permission be granted for a water plant to serve
the Frossard-Glendale S/D on Lots 7 & 8, Block 1, to serve this subdivision only, and
that in the event that this plant is to be expanded to serve a greater area, then the County
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for distance from a residence must be observed for a larger plant.
The County Engineer stated that he had the plans for the nursing home complete with
specifications and ready for advertising for bids. The Board authorized that he advertise
for bids to build this home returnable July 7th. Mr. Graves further asked that the Engineer
a set of the plans to the Pilot Club to look over.
The Indian River Citrus Bank of Vero Beach, Florida, and the Florida National Bank
at Vero Beach, Florida, having filed proper applications requested to be named and designated
as County depositories. Upon Motion made by Commissioner Macdonald, seconded by Commissioner
Hamilton and unanimously carried, these two banks were named as depositories for Indian River
County.
BAIRD STREET -PROOF OF PUBLICATION OF THE
NOTICE OF ADOPTION OF RESOLUTION CLOSING,
VACATING AND ABANDONING BAIRD STREET
l VERO BEACH PRESS -JOURNAL �.
Published Weekly
Vero Beach, Indian River County, Florida
OFFICIAL RECORD
COUNTY OF INDIAN RIVER: 'J
STATE OF FLORIDA 100(k 9 PabE 64
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 M�
in the matter of _ 'U g: • R a"
in the
lished in said newspaper in the issues of
Court, was pub -
ter; ► 9 s'y — -
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 neat 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 di4666W rebate, commission or refund for the purpose of securing this advertisement for
:pubIioation iti'the; saki newspaper.
Sworn to`.an� subscrffied,,before.nze this �- day, A. D. .
1 ® t,
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(Business Manager)
Tc
11q4_4
(Clerk of 09 Circuit Court, Indian River County, Florida)
(S'fJ.T
NOTICE
Notice is hereby given that the
Board of County Commissioners o
Indian River County, Florida, has
adopted a Resolution vacating,
abolishing and ;abandoning all of
Baird Street located between Se-
bastian Avenue and the Sebastian
River, as shown upon the Plat of
the Town of. Roseland, as per plat
thereof recorded in .the office .of
the Clerk of the Circuit Court of
St. Lucie County, Florida, in Plat
Book 1, page 43, and renouncing
'and relinquishing, the rights of In-
dian River County, Florida, or the
public in and to any and all parts
osaid street, road and highway
atove described.
BOARD OF 'COUNTY COM-
MISSIONERS OF INDIAN RIV-
ER COUNTY, FLORIDA
By ROBERT W. GRAVES,
Chairman
' May 14, 1959.
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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 disbursements
of the various funds, which.have been audited, were found to be correct.
There being no further business, on motionmade, seconded, and carried, the Board
then adjourned.
ATT
EST•
LERK
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