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HomeMy WebLinkAbout5/2/1961TUESDAY, MAY 2, 1961 The Board of County Commissioners of Indian kiver.County, rnet at ;the Courthouse, Vero Beach, Florida in a regular meeting held at 9:00 o'clock �.Lz, Tuesday, May 2, 1961. All members were present. Also present were Sherman N. Smith, Jr., Attorney far the Board, Ed Schmucker; County Engineer and Katherine Morrison, Deputy Clerk. The Chairman asked if there were any corrections or addition/ tel ?on Motion made by Commissioner McCullers, seconded by Commissioner Mac- donald and a-donaldand unanimously carried, the minutes were approved as read. \ o 0 \) \ 5 w § m m <0 / \ o -71 \ - ;$E § r }r ° \ Z >\ XI / 0 w •§ « Cr& 0 XI td CD En s 0 ; E - C 170 \ / } \ $ q CD B i /a2 / / ) - VS m / - n mYi \\\ C ,-f- ° G 2 ) �2 M _» / ° P. 6• 0 \ \ \ r m 2 / § } =x0 368 The foregoing Notice for bids was read by the Chairman and all bids received were opened as follows: Burroughs Corporation Bid on a 22" carriage Machine and 19 accumulated totals $6,246.25 Burroughs Alternate Bid on 11 accumulated totals Style 1306- $5,524.25 National Cash Register Bid on Machine as advertised $7,920.29 After some discussion in the matter Motion was made by Commissioner Mac- donald, seconded by Commissioner McCullers and carried, to table and hold both bids in abeyance to give both companies time to set up their machines and demonstrate them to this board on a tentative date of Wednesday May 10th. Flip Lloyd of Llyod and associates appeared before the Board and re- quested the Board set a right of way width for Old Dixie Highway adjacent to Highland Park Subdivision so the balance of the Murphy Act right of way not needed for road right of way could be released. After some discussion, the following Motion was made by Commissioner Macdonald, seconded by Comm- issioner Waddell and unanimously carried: That the County does herewith fix and establish the right of way width of Old Dixie Highway, State Road 605, and the right of way for 16th Street as it concerns and affects Lots 8, 9, 10, Block 19, Highland Park Subdivision, Vero Beach, Indian River County, Florida, as a total width of 80 feet, that is 40 feet either side of the centerline of these roads, and does herewith agree that any right of way over and above the right of way specified herein, existing- by virtue of the operation of the Murphy Act, may be released. Forrest McCullars appeared before the Board and stated that he is Chairman of the Emergency Planning Committee, which is a State Agency, and requested the use of the basement in case of enemy attack. Motion was made by Commissioner Macdonald, seconded by Commissioner McCullers and carried, that the basement of the Courthouse could be used as a shelter in case of attack. Mayo' Rohme of Sebastian appeared before the Board and requested an additional $1,000.00 for the Volunteer Fire Department of Sebastian in the next year's budget. The Board stated they would keep this in mind but in- formed Mayor Rohme that they were thinking of creating.Special Fire Districts. Mr. Ben Walker appeared before the Board and stated that he owned some land adjacent to the Railroad and what would be Kingsberry Road if the road was put through. He said he would be glad to deed the necessary right of way for Kingsberry Road and the other land owner would also deed the right of way for the road to be opened from Kings Highway to U.S. #1 but they would like to get a railroad crossing at that. point. Upon Motion made by Commissioner Hamilton, seconded by Commissioner Macdonald and_un- animously carried, the following Resolution was adopted: RESOLUTION NO. 61- 2u WHEREAS, Ben Walker has appeared before this Board requestin a right of way for property owned by him lying West of the Florida East Coast Railway right of way on what would be an extension of Kingsbury Road East across the railway to present U. S. 1, including a private crossing; Now, therefore, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida, that this Board does herewith endorse and approve said request and urges the railway to grant to Ben Walker and the other affected property owners a private railway crossing for such purpose. _upervisor of the Colored recreational park at Blue Cypress Lake appeared before the Board and stated that the Whittier's had leased their club a plot of ground on her land for a recreational area for colored, and requested the Board have the gate across the road removed and put in three bridges into the property. Mr.Macdonald stated that in his opinion the County had spent all the money on that road that it will be entitled to for many years, and that the County has no jurisdiction to remove the gate. He further stated that the County had provided a park for colored between the Ocean and the River near Wabasso which they are not using, and that he is against spending any money for a private club. Motion was made by Commissioner Macdonald, seconded by Commissioner McCullers and unanimously carried, that no money would be spend to improve the road known as the Old Military Trail. Dick DeKold appeared before the Board and stated that when 16th Street was paved he had a paved driveway into his property which was torn out and has not been 'replaced. The Engineer stated it would only take a small amount of concrete to put the driveway back in. Motion was made by Commissioner Macdonald, seconded by Commissioner McCullers and carried, that the driveway for Mr. DeKold on the right of way for 16th Street be repaired. Mr. Sudbrock appeared before the Board and stated that the Okeechobee County Commissioners will recommend that the County survey the right of way for Oslo Road as far as their County goes and accept whatever right of way to be donated. Trooper Chancey of the Highway Patrol appeared before the Board and sta ted that very shortly they would have to be moved from the room they are now in and would like to know what space would then be available. The Board stated this would have to be worked out after the move. Mr. Williams from Tropicolony appeared before the Board with regard to draining Tropicolony. Sherman Smith stated that the Special Act had been passed by the Legislature whereby we could set up Special Districts for drainage, etc. Motion was made by Commissioner Waddell, seconded by Commissioner Hamilton and carried, that the County Engineer make a cost survey of draining Tropicolony and figure it on a per parcel cost. Mr. Victor Tamkun of Micro Tech Services, Inc. appeared before the Board and stated that he had some master micro -films of Plats of Indian River County which are still in -St. Lucie County and would like to make for the Clerk's Office a record of these plats. After some discussion in the matter Motion was made by Commissioner Macdonald, seconded by Commissioner McCullers and carried, that Mr. Tamkun should make Plat Book 1 for the Clerk's office to be in a good binder and two copies, one. for the Engineer's office and one for the Assessor's office in cheap binders' • Mr. Huff of General Development Corporation appeared before the Board and requested an extension of their surety bonds for completion of work in Vero Highlands and Vero Shores. The following Motion was made by Commissioner McCullers, seconded by Commissioner Waddell'and unanimously carried: That the Board has considered the request of General Development Corporation to extend the time for performance of work required to be. done by virtue of the following Bonds purchased by General Development Corporation in connection with the County's subdivision requirements, which Bonds are as follows: Continental Casualty Company,Surety on Subdivision Bond 4210795 on Ver Beach Highlands, Unit #2; Continental Casualty Company, surety on Subdivision Bond 42102391 on Vero Beach Highlands Unit 41; and Continental Casualty Company, surety on Subdivision Bond #210363, on Vero Shores Subdvision, Unit #1; and that the County is agreeable to extending the time for performance under these Bonds to May 1, 1962, provided there is furnished to the County the written consent of the surety to this ex- tension. Dave ;iobison appeared before the Board and requested some further additions and alterations.',lotion was made by Commissioner Macdonald, seconded 'tiy Conn issioner licCullers and carried, and the following additions were a 'Droved: Install partt.on on second floor similar to addition to Tax Collect's office - $24.. Install tackboard, box -in exposed conduit - $47.43. AWfini.sh and replace 31 existing venetian blinds - $245.52. Furnish ani install 9 new aLum slat blinds - $1.37.50. Furnish and install plastic coenter top in Eng. office - $93.41. Furnish and install asphalt tile in library witness room - :172.70. Faint Exterior of original part of Courthouse to match new - $302.50 & Exterior of S. Addition to match new $220.00. Paint door in old ;-art of courthouse to match - $100.00. Two drawing Boards - $55.00. Also new I.B.M. electric typewriter and new Dictaphone for Engineer's office. Tony Jackson appeared before the Board and requested that some work be done on several roads in Gifford. The Board requested the County Engineer do what he could in that area. Mr. Kelly of Rivenbark S/D appeared before the board and stated they would like to get 14th Street paved and all owners were agreeable except for one. The Board told Mr. Kelly there was nothing they could do to help him at this time. Mrs. Anne Christensen, Welfare Case Worker appeared before the i:oard and gave a report of her activities for the Month of April, and said report was ordered filed. Homer Fletcher appeared before the Board and requested a correct on on the 1960 tax roll. Motion was made by Commissioner ;tacdonald, seconJed by Commissioner Waddell and carried, that the following correction be made on the 1960 tax roll. Jones Re -Sub Subdivision, Lot 2 - Building demolished on this lot in year 1959; permit to demolish was not secured until May 17, 1960, therefore, building was included in assessment for year 1960 in error. Motion was made by Commissioner Waddell, seconded by Commissioner Macdonald, and carried, with Commissioner ticCuilers voting against,that tentative approval be given to accept a Plat of some land in the Nd 'half of Government Lot 2, Section 21 and the N half of the SE quarter of the NE quarter of Section 20, lying East of State Road 5 in Township 31 S, Range 39 East, with a 15 foot right of way along the water and without a park dedication. The owner of this tentative Plat is Peter Cantino. The County Engineer stated he would like to have the record cleared in that, on July 5, 1960 the Board approved the payment of $1,000.00 to Mrs. Baumker for a right of way on 12th Street and U. S. 41. Since that time.he found after a title search that no additional right of way was needed, therefore, the payment of $1,000.00 was never made. Motion was • made by Commissioner Waddell, seconded by Commissioner Macdonald and un- • animously carried, that the Board's action in this matter on July 5, 1960, be rescinded. The County Engineer 'stated that the State Road Department was not leaving sufficient room, on their right of way plans for Oslo Road, between the ditch and the pavement. Motion was made*by Commissioner Waddell, seconded. by Commissioner Macdonald and' unanimously carried, that the State Road Department be requested to align State Road S-606 sufficiently to the • North so that between the paved portion of the road and the drainage ditch there will be a travelway for'the maintenance of.the drainage ditch b'y the dragline. Motion was made by Commissioner Macdonald, seconded by Commissioner McCullers and unanimously carried, that. the County Clerk be authorized to schedule and authorize meetings in the Courthouse. Letter was read from J. xasco Woods, Attorney for Willie Shelton request:.n� return of Court costs and fail -Bond Fees for the reason that tate case u;_nst ;Tillie Shelton was nolle prossed. notion was made by Coaun ssa.oner Waddell, seconded by Commissioner HcCullers and carried, that 011.,y i__iL S Ci:>SI_U ai7t1 t:ac CLC1"k' S costs Le 2ia,.d. jade_ G y Coy. ss: on Wadde11, seconded by Conun_ss: ones C 't.,�.a that file ioli� ,�euty Sheriff's rovcd: - t . auL i re Grine Ins. Co. uS Lhe noun OOu.00. oT-iCr Co::.'_ SS__Oncr ..nG '. I12 ._07 RESOLUTION NO. 61- 29 WIE1tEAS, there is a total surplus of $3107.50 in the General REvenue Fund of Indian River County under some items and which surplus exists after the payment or all necessary expenditures under such items for tie current fiscal year, and WHEREAS, there is a deficiency in funds necessary to provide for the proper and authorized expenditures under some items in the General Revenue 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 $3107.50 from some items where there is a surplus to the items where there is a deficiency, according to detailed statement attached, all in the General Revenue Fund of the current budget of Indian River County as provided by law. Item to Item Transfers EXPENDITURES A/C Name to 241. General Maintenance $400.00 269. Adm. Co. Commissioners 2,500.00 270-5. Small Claims 200.00 685. Publicity 7.50 241-4 Incidentals 683. County Parks Reserve for Contingencies TOTAL $3,107.50 TRANSFERS RESOLUTION NO. 61-30 From $ 400.00 7.50 2,700.00 $3,107.50 WHEREAS, there is a total surplus of $10,500.00 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 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 $10,500.00 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. Item to Item Transfers EXPENDITURES TRANSFERS A/C Name To From 452. Expense Procuring R/W .$10,000.00 1,834. Equipment 500.00 Reserve for Contingencies $10,500.00 TOTAL $10,500.00 $10,500.00 i•ein was also made Ly Commissioner adde1L, seconded by Commissioner Xacdonail and unanimously carried, that the Clerk inform the Small Claims Judge tnat this hoard will not pay any further bills unless authorized be- fore ,:urcoase. The ;oilovling 1Notiou was made by Commissioner Waddell, seconded Ly Commis:anc LcLa1crs and unanimously carried: That this Board goes on record tat. :.11 the event of. tue change in the level of assess:aent.of :(yanty for Ad Vajorem tax purposes, that then this Board will ff; total hul et wt.!:1 not more than a 1070 ncrease for the tax year i ,411:ehsca prorain becomes effective. Thu Following Notion was made by Commissioner Macdonald, seconded by Commssoner McCullers and unanimously carried: That the Bond Register and dil r hooks and records formerly of the County, be delivered to thc .;oL;L:..al District Toard of Trustees fn vi.ew of ti L: ti e Jec..ons 00 tLiC norney ,Jrierai dud Speci cts tLO ,e.:,slatre, all the functions of the Conty ub1oc Hosital are now vested. in the board c:JJ: Trustees. aoa m„sdr... Cc_m.LI.Lssoner Waddell, .,>econded by ComiaissThner .:acdon-Ada c?„rid, the foltowia road resolUtions were. adopted: COUNTY COMMISSIONERS' RESOLUTION No. 61 - 31 On motion of Commissioner Waddell , seconded by Commissioner Lacdoriaid the following resolution was adopted: WHEREAS, the State Road Department of Florida has authorized and requested INDIAN RIVER County to furnish the necessary rights of way, borrow pits and ease- ments for that portion of Section 88500, State Road 508, including North Winter Beach Road between Old State Road 5 and State Road 5 which has been surveyed and located by the State Road Department as shown by a map on file in the office of the Clerk of the Circuit Court of said County, and in the office of the said Department at Tallahassee, and WHEREAS, the said Depurtment will not begin construction of said portion of said Section in said County until title to all land necessary for said portion of said Section has been conveyed to or vested in said State by said County, aDDd said lands are physically cleared of all occupants, tenants, fences, buildings and/or other structures and improvements upon or encroaching within the limits of the land required for said portion of said Section; and WHEREAS, the said County is financially unable at this time to provide the necessary funds to acquire said rights of way, borrow pits and easements; now there- fore, be it RESOLVED, that the State Road Department of Florida be and it is hereby re- quested to pay for the rights of way, borrow pits and easements for said road, in- cluding the removal of buildings, fences and other structures aid improvements there- on, and for other expenses of acquiring title to said rights of way, borrow pits and easements by purchase or condemnation, from such fands and under such conditions as are set out in the contract hereto attached; and be it further RESOLVED, that said County, through its Board of County Commissioners, comply with the request of said Department and procure, convey or vest in said State the free, clear and unencumbered title to all lands necessary for said portion of said Section, and deliver to the State Road Department said lands physically clear of all occupants, tenants, fences, buildings and/or ether structures and improvements situate upon or encroaching within the limits of the lands required for said portion of said Section, and that the Chairman and the Ciera of this Board be and they are hereby authorized and directed to execute and deliver on behalf of sa'.d County to said De- partment the Contract in the form hereto attached; and be it farther RESOLVED, that the attorney for this Boari be, and he is hereby authorized and directed to proceed to take the necessary steps for the County to acquire in the name of said County by donation, purcaase, or condemnation said rights of way, borrow Pits and easements for said portion of said Cectioo, and to prepare in the name of said County by its County Commissioners all condemnation papera, affidavits and pleadings, and prosecute all condemnation proceedings to judgment; and furnish to the Department the abstract search provided for in said Contract. STATE OF FLORIDA COUNTY OF PIAN I HEREBY CERTIFY that the foregoing is a true and correct copy of resolution passed by the Board of County Commissioners of Indian a::.ver County; Florida, at meeting held the 2nd day of hay Minut.es. , A.D. 19 til, and recorded in the Commissioners' 1N WITNESS WHEREOF, -I hereunto set my hand and official seal this 3 day of Nay , A; :.D. 1961 . T.ERK OF THE `BOARD CF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA COUNTY COMMISSIONERS' RESOLUi'ION No. 61-32 On motion of Commissioner INIu , seconded by Commissioner the following resolution was adopted; WHEREAS, the State Road Department of Florida has authorized and requested VIM ENOS County to furnish the necessary rights of way, borrow pits and ease- ments for Us* intim limettlia WON MOW 7 iM, 1a.lidfnR II ssi Seal Wawa au Mats load OM* Moat 5 la grallas3,10amehlp l* */ Immo 3, irl, which has been surveyed and located by the State Road Department as shown by a map on file in the office of the Clerk of the Circuit Court of said County, and in the office of the said Department at Tallahassee, and WHEREAS, the said Department will not begin construction of said portion of said Section in said County until title to all land necessary for said portion of said Section has been conveyed to or vested in said State by said County, and said lands are physically cleared of all occupants, tenants, fences, buildings and/or other structures and improvements upon or encroachirwithin the limits of the land required for said portion of said Section; and WHEREAS, the said County is financially unable at thin time to provide the necessary funds to acquire said rights of way, borrow pits and easements; now.there- fore, be it RESOLVED, that the State Road. Department of Florida be and it is hereby re- quested to pay for the rights of way, borrow pits and easements for said road, in- cluding the removal of buildings, fences and other structures and improvements there- on, and for other expenses of acquiring title to said rights of way, borrow pits and easements by purchase or condemnation, from such funds and under such conditions as are set out in the contract hereto attached; and be it further RESOLVED, that said County, through its Board of County Commissioners, comply with the request of said Department and procure, convey or vest in said State the free, clear and unencumbered title to all lands necessary for said portion of said Section, and deliver to the State Road Department said lands physically clear of all occupants, tenants, fences, buildings and/or ether structures and improvements situate upon or encroaching within the limits of the lands required for said portion of said Section, and that t..e Chairman and the Clerk of this Board be and they are hereby authorized and directed to execute and deliver on behalf of said County to said De- partment the Contract in the form hereto attached; and be it further RESOLVED, that the attorney for this Board be, and he is hereby authorized and directed to proceed to take the necessary steps for the County to acquire in the name of said County by donation, purchase, or condemnation said rights of way, borrow pits and easements for said portion of said Section, and to pr'pare in the name of said County by its County Commissioners all condemnation papers, affidavits and pleadings, and prosecute all condemnation proceedings to judgment; and furnish to the Department the abstract search provided for in said Contract. STATE OF COUNTY OF a���wwww I HEREBY CERTIFY that the foregoing is a true and correct copy of resolution passed by the Boar of County Cnmissioners of ] iD RiVounty, Florida, at meeting held the day oft , A.D. 19 , and recorded in the Commissioners' Minutes. IN WITNESS WEE. OF, I hereunto set my hand and official seal this 3 day of , A. D. 19 Oil (SEAL) eZal CLERIi�E ARD CF CO Y COMMiS:;IONER9`,` OF �Qil��!! COUNTY, FLOBIDA COUNTY COMMISSIONERS' RESOLUTION No. 61 - 33 On motion of Commissioner Waddell , seconded by Commissioner Plaedonald the following resolution was adopted; WHEREAS, the State Road Department of Florida has authorized and requested !MOV MUMS County to furnish the necessary rights of way, borrow pits and ease - North ments for that portion of Section 885OO,/4ifford Mood, including Mbr'th Gifford load 'between Old State Mood 5 and State load 5 on the South line of Section 23, Tainehip 32 South, Sas 39 Sot, which has been Surveyed and located by the State Road Department as shown by a map on file in the office of the Clerk of the Circuit Court of said County, and in the office of the said Department at Tallahassee, and WHEREAS, the said Departient will not begin construction of said portion of said Section in said County until title to all and necessary for said portion of said Section has been conveyed to or vested 1n said State by said Couuty, and said lands are physically cleared of all occupants, tenants, fences, buildings and/or other structures and improvements upon or encroaching within the limits of the land required for said portion of said Section; and WHEREAS, the said County is financially unable at this time to provide the necessary funds to acquire said rights of way, borrow pits and easements; now there- fore, be it RESOLVED, that the State Road Department of Florida be and it is hereby re- quested to pay for the rights of way, borrow pits and easements for said road, in- cluding the removal of buildings, fences and other structures and improvements there- on, and for other expenses of acquiring title to said rights of way, borrow pits and easements by purchase or condemnation, from such funds and under such conditions as are set out in the contract hereto attached; and be it further RESOLVED, that said County, through its Board of County Commissioners, comply with the request of said Department and procure, convey or vest in said State the free, clear and unencumbered title to all lands necessary for said portion of said Section, and deliver to the State Read Department said lands physically clear of all occupants, tenants, fences, buildings and/or other structures and improvements situate upon or encroaching within the limits of the lands required for said portion of said Section, and that the Chairman and the Cler'x of this Board be and they are hereby authorized and directed to execute and deliver on behalf of said County to said De- partment the Contract in the form hereto attached; and be it farther RESOLVED, that the attorney for this Board be, and he is hereby authorized and directed to proceed to take the necessary steps for the County to acquire in the name of said County by donation, purchase, or condemnation said rights of way, borrow pits and easements for said portion of said Section, and to prepare in the name of said County by its County Commissioners all eonLem:ation papers, affidavits and pleadings, and prosecute all condemnation proceedings to judgment; and furnish to the Department the abstract search provided for in said Contract. STATE OF ) COUNTY OF WM) I HEREBY CERTIFY that the foregoing is a true and correct copy of resolution passed by the Board of County Commissioners of Imam River County, Florida, at Meeting the 2 day of My, A.D. 19 6], and recorded in the Cor^�nissioners'• Min j, D .wryNEss F', hereunto set my hand and official seal this 3 day oP agy, A. D. 19 61. Gc e se CLERK OF THE BOARD OF COUNTY COMNISSIONEE OF MEW ma COUNTY, FLORIDA COUNTY CORMS IONEas' RESOLUTION No. 61 - 34 On motion of Commissioner , seconded by Commissioner1 the following resolution was adopted: • WHEREAS, the State Road Department of Florida has authorized and requested 111511 County to furnish the necessary rights of way, borrow pits and ease- ments for ` softies et WSW m�� i s LetWOMIng Waft WS lelww �t SOW ad i MS NNM Mi i w lee WOO lime K IWOSome 33 am 3b, liumodip 10014 Sew 39 WS, which has been surveyed and located by the State Road Department as shown by a map on file in the office of the Clerk of the Circuit Court of said County, and in the office of the said Department at Tallahassee, and WHEREAS, the said Department will not begin construction of said portion of said Sectiou in said County until title to all land necessary for said portion of said Section has been conveyed to or vested in said State by said County, and said lands are physically cleared of all occupants, tenants, fences, buildings and/or other structures and improvements upon or encroaching within the limits of the land required for said portion of said Section; and WHEREAS, the said County is financially unable at this time to provide the necessa`y funds to acquire said rights of way, borrow pits and easements; now'there- fore, be it RESOLVED, that the State Road Department of Florida be and it is hereby re- quested to pay for the rights of way, borrow pits and easements for said road, in- cluding the removal of buildings, fences and other structures and improvements there- on, and for other expenses of acquiring title to said rights of way, borrow pits and easements by purchase or condemnaticn, from such rands and under such conditions as are set out in the contract hereto attached; and be it further RESOLVED, that said County, through its Board of County Commissioners, comply with the request of said Department and procure, convey or vest in said State the free, clear and unencumbered title to all lands necessary for said portion of said Section, and deliver to the State Road Department said lands physically clear of all occupants, tenants, fences, buildings and/or ether structures and improvements situate upon or encroaching within the limits of the lands required for said portion of said Section, and that the Chairman and the Cler,c of this Board be and they are hereby authorized and directed to execute and deliver on behalf of sa'.d County to said De- partment the Contract in the form hereto attached; and be it further RESOLVED, that the attorney for this Board be, and he is hereby authorized and directed to proceed to take the necessary steps for the County to acquire in the name of said County by donation, purchase, or condemnation said rights of way, borrow nits and easements for said portion of said Section, and to prepare in the name of said County by its County Commissioners all condemnation papers, affidavits and pleadi.s, and prosecute all condemnation proceedings to judgment; and furnish to the Department the abstract search provided for in said Contract. STATE OF FLORIDA COUNTY OF IMAM ALIWN I HEREBY CERTIFY that the foregoing is umminilikifect copy of resolution [assed by the Boat of County Siiiiesioners of `i County, Florida, at meeting held the day of , A.D. 19 , and recorded in the -Commissioners' Minutes. WITNESSWITER `, .Y hereunto set my hand and official seal this 3 day of , A. D. 19 . (SEAL) (77_; CLERK OF'" E BOARD OFOUNTY COMMISSIONERS OF swag gags COUNTY, FLOBIDA COUNTY COMMISSIONERS' RESOLUTION No. 61 - 35 On motion of Commissioner Waddell , seconded by Commissioner I•.acdonald the following resolution was adopted: WHEREAS, the State Road Department of Florida has authorized and requested IOW NIVII County to furnish the necessary rights of way, borrow pits and ease- ments for that peitlea et Seattaa 18590, Mats Meat 84,6 ineltallas WW1= Mod batman Old Nsts Mat 9 sad Pais toad i, which has been surveyed and located by the State Road Department as shown by a map on file in the office of the Clerk of the Circuit Court of said County, and in the office of the said Department at Tallahassee, and WHEREAS, the said Department will not beCin construction of said portion of said Sectiou in said County until title to all land necessary for said porton of said Section has been conveyed to or vested in said State by said County, and said lands are physically cleared of all occupants, tenants, fences, buildings and/or other structures end improvements upon or encroaching within the limits of the land required for said portion of said Section; arid WHEREAS, the said County is financially unable at thio time to provide the necessaey funds to acquire said rights of way, borrow pits and easements; now there- fore, be it RESOLVED, that the State Road Department of Florida be and it is hereby re- quested to pay for the rights of way, borrow pits and easements for said road, in- cluding the removal of buildings, fences and other structures and improvements there- on, and for other expenses of acquiring title to said rights of way, borrow pits and easements by purchase or condemnation, from such fends and under such conditions as are set out in the contract hereto attached; and be it further RESOLVED, that said County, through its Board of County Commissioners, comply with the request of said Department and procure, convey or vest in said.State the free, clear and unencumbered title to all lands necessary for said portion of said Section, and deliver to the State Read Department said lands physically clear of all occupants, tenants, fences, buildings and/or ether structures and improvements situate upon or encroaching within the limits of the lands required for said portion of said Section, and that the Chairman and the Clere' of this Board be and they are hereby authorized and directed to execute and deliver on behalf of sad County to said De- partment the Contract in the form hereto attached; and be it further RESOLVED, that the attorney for this Board be, and he is hereby • authorized and directed to proceed to take the necessary steps for the County to acquire in the name of said County by donation, purchase, or condemnation said rights of way, borrow pits and easements for said portion of said Section, and to prepare in the name of said County by its County Commissioners all conUemn.ation papers, affidavits and pleadings, and prosecute all condemnation proceedings to judgment; and furnish to the Department the abstract search provided for in said Contract. STATE OF F �� COUNTY OF I HEREBY CERTIFY that the foregoing is a true and correct copy of resolution passed by the Board of County Commissioners of Indian River County, Florida, at meeting held the 2 day of May , A.D. 19 61, and recorded in the Commissioners' Minutes. ntenTNESS, �',-I hereunto set my hand and official seal this 3 day of 144 t A. D. 19 61. (SEAL): CLERItiraniMiD CF COUNTY COMMISSIONERS OF COUNTY, FLORIDA COUNTY COMMISSIONERS' RESOLUTION No. 61 - 36 On motion of Commissioner Waddell , seconded by Commissioner Macdonald the following resolution was adopted; WHEREAS, the State Road Department of Florida has authorized and requested IOW MOO County to furnish the necessary rights of way, borrow pits and ease- ments for mat portion of Motion 88560, iaoludias Swift 0lffard immld totem O3* 10101 load 5 and Stats Goad 5, which has been surveyed and located by the State Road Department as shown by a map on file in the office of the Clerk of the Circuit Court of said County, and in the office of the said Department at Tallahassee, and WHEREAS, the said Department will not begin construction of said portion of said Section to said Courcy until title to all land necessary for said portion of said Section has been conveyed to or vested in said State by said Couuty, and said lands are physically cleared of all occupants, tenants, fences, buildings and/or other structures and improvements upon or encroaching within the limits of the land required for said portion of said Section; and WHEREAS, the said County is financially unable at this time to provide the necessary funds to acquire said rights of way, borrow pits and easemeuts; now there- fore, be it RESOLVED, that the State Road Department of Florida be and it is hereby re- quested to pay for the rights of way, borrow pits and easements for said road, in- cluding the removal of buildings, fences and other structures aid improvements there- on, and for other expenses of acquiring title to said rights of way, borrow pits and easements by purchase or condemnation, from such finds and under ouch conditions as are set out in the contract hereto attached; and be it further RESOLVED, that said County, through its Board of County Commissioners, comply with the request of said Department and procure, convey or vest in said State the free, clear and unencumbered title to all lands necessary for said portion of said Section, and deliver to the State Road Department said lands physically clear of all occupants, tenants, fences, buildings and/or ether structures and improvements situate upon or encroaching within the limits of the lands required for said portion of said Section, and that the Chairman and the Cler;c of this Board be and they are hereby authorized and directed to execute and deliver on behalf of said County to said De- partment the Contract in the form hereto attached; and be it further RESOLVED, that the attorney for thi^ Board be, and he is hereby authorized and directed to proceed to take the necessary steps for the County to acquire in the name of said County by donation, purchase, or condemnation said rights of way, borrow nits and easements for said portion of said Section, and to prepare in the name of said County by its County Commissioners all conc:emr.ation papers, affidavits and pleadings, and prosecute all condemnation proceedings to judgment; and furnish to the Department the abstract search provided for in said Contract. STATE OF FLORIDA COUNTY OF MOLAR MVM I HEREBY CERTIFY that the foregoing is a true and correct copy of resolution passed by the Board of County Commissioners of Indian RiverCounty, Florida, at meeting held the 2nd day of -' , A.D. 1961, and recorded in the Commissioners' Minutes. IN WITNESS WHEFEQ',-1 hereunto act my hand and official seal this 3rd day of May , A. D. 19 61 . (SEAL) CLERK OF TEE BOARD OF COUNTY COMM SSIONE S OF jam/ 0LV COUNTY, FLORIDA Upon Motion made by Commissioner Waddell , seconded by Commissioner McCullers, and unanimously carried, the following Resolution was adopted: , RESOLUTION ON MOTION of Commissioner SRD No. 6 Section 88500-2604 State Road 508 Indian River County No. Winter Beach Road , seconded by Commissioner , the following Resolution was adopted: WHEREAS, the State Road Department of Florida has established location for thatart of State Road gg designated as Section 8$500 Job 2604 , between Old State lload 5 and New State Bond 5 on North Winter Beach Road and proposes to construct and maintain the same as a part of its Secondary Road program; and, Whereas, Indian River. County is vested with all right of way required for said road; NOW, THEREFORE, the Board of County Commissioners of Indian River County does hereby affirm that it is vested with all of the required right of way for said pertion of said State Road, and that said right of way is legally clear and has been physically cleared of all buildings, fences and other im- provements; that all utility poles, lines, cables, pipes and other facilities have been removed or adjusted as required for construction of said project by the State Road Department or such removal, and/or adjustments have been arranged for and will be effected without delay to the State Road Department and/or its contractors; and the State Road Department is hereby requested to proceed with the construction and maintenance of said portion of said State Road; and Tn i an iverCounty hereby agrees to save harmless the State Road Department, its contractors, agents and employees, from all claims arising out of such construction and maintenance of said road within the right of way aforesaid and to defend any and all lawsuits to completion and satisfy any and all judgments therein made, at the County's expense. NOW, THEREFORE, the Board of County Commissioners of Indian River County, does hereby authorize the execution of a deed conveying the herein- above described property to the State of Florida for the use and benefit of the State Road Department. STATE OF FLORIDA COUNTY OF In ian River I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Board of County Commissioners of Indian River County, Florida, at a meeting of said Board held on the � day of lYK A. D. 194/ . WITNESS my hand and official seal on this S day of ,c),/6ay A. D. 194J . -- Clerk to th(Board of Count Commis- sioners of Indian River County, Florida. 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 re- spective 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 Depositories filed their monthly statement, showing receipts and disbursements of the various funds, which have been audited and found to be correct. There being no further business, on motion made seconded, and carried, the Board then adjourned.