1955.03.01_TC_MinutesMinutes. Highland Beach Town Commission.
A regular monthly meeting.
March 1, 1955
The meeting was called to order by Mayor Srnith at 7;40 p.m.
Also present were Comm. Noble, Harmon, Skillman & Hertwig.
Minutes of the meeting of February 1, 1955 were read and approved
on motion of Comm. Noble, seconded by Comm. Harmon and the afffirm-
a tive votes of all five commissioners present.
A resolution was presented to approve the plat and plans relating
to a development of a tract in the Town by Totterdale Development, Inc.
A preliminary draft of a resolution to serve the same purpose had
been submitted, for consideration and discussion, at the Commission
meeting held on February 1, 1955. Members of the Commission met
with Town Attorney Byrd to discuss the varioua features of the
proposed resolution and had on several occasions discussed inform-
ally a number of suggested changes.
The final draft of the resolution which is known as Resolution
Number 50, appears in fu11 on the following pages, as it was read.
After consideration and discussion Comm. Skillman moved that Res-
olution #50 be adopted as read. Co~nissioner Harmon seconded the
• motion and it was approved by affirmative votes of Comm. Noble,
Harmon, Skillman and Smith. Comm. Hertwig voted against approval.
Resolution Number 50 appears on pages 2,3 and 4 of these minutes
(minutes continued on page 2) /~`z~1•
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south trf , asu~ced at rit yes tc~, tae nosh lire cif said section
~. at ~ di.srtarsce taf 144 feet -~ of they west right cif v l~ae ~~
Late dead .~-lam, ~er2 ~esa~ur~. alan~ aai.d paralle]. lin+~ Chace
sr~utherly, ~a~x'a71+~1 witia the said west sift cif y line of said
taut ~.oad ~:-1-~, a d~:e~ance caf ,~C3f~ ~+~et, •,+e~ eaeu~'~i at riht
awes tc~ the .d li.r~e para~.el with the nflrth line ~x~' std ~ect3ora
~.; th~2ce es~~terl, paral~.el. with the north line of sa3. eetitaa &.,
a r~st~ace crof 14€~ f eat tc~ a pc~i.zat in the west ri,~2t of line cs~'
ea3.tT ~#.ate A :~-1,.-~,; thet~€ee~ }zthe~3.~, alc~~ t~1e west ~~.~zt. ~ way
.~~' said. State .oad ~i-1-,~, ,a d~.ster~~t ~~ ,~c~ .~ee~., $~red e~; r°a~~ht
antes to a lime parallel with the north lita+~ of saisi ~eatic~ra ~.,
t,~2ence west®rly s ax'alle~l w.~th the n~sx~bh l~..ne as said set~.an ~, a
fid3.9'~8T2G8 ~f ~. f~St 'i+t3 8 Tr~~ts '~.z~lenCe 3t?1~,;~'s7.~rl~, pa2`a3..le~. ~.i.x t21~
west right caf way' of c1 Staue k~va<~ ~ ~.-~,~ a di.sts~:e a lflt} :~~et,
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ect~.c~n k~, a d#~starice e~i' 144 feet a 3.nt in tine said went xi:t
of liras csf Sta~:e~ ioat~. A-1; t~asjaee s~rutcaerly, Alan ~.k~e west
r~.;ht crf we.~ lizae ~~' Stste ~oad ~-lam, a ~33.st;~nce csf 173t} fo~et., a~e~
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t~taa said ssaut~a liza~, of Sec~tiox~ 1+. -t~.ece westerly°~, pax~alle3~ wit~x
the s~autca tine ~.~ Sect~.on. ~., a d3staxace €~.~ 1,13t} fee~~., :~xox~a car less,
t4 a pg3nt tk2e east right o.f way lixxe ~~' uh~ :~ra°~bacoastal 4atea,~;
th~sce ncmtherl~ and raorthe~asterl~, ~,lcn t~a~t said eas~.~ ri~~~aw of wal
~.ine ~f t>h~e 1t~aQC~asts.7. aterw~,, a distance r~~' 2,347 feet, .amaze csr
less, to a paint i~x sa3.d :Line parallel w~.~:~, and 2, ~G ~'ae~. sough ~:~,
rnt~asu, tad at r ~.~ht ankles ta, the ndrt~2 line or said ~ectaa~. ~.; t~=ence
~1~v~~~~ ~ alclli ,~.C~. last deacri~ied pax'sll.el 3.3..`2e, &, t~3.9tElY'zC@; t7f ~'~
fee-, ire ar 1ffis, to the poia~.t of e~;iYarait2.
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(page 3) Minutes. Highland Beach Town Commission. 3/1/55
~`~{ `And WHEREAS, TOTTERDALE DEVELOPMENT, INC. has presented to this
Coa~.ission a plat of said premises proposed to be filed of record entit-
~~_, - led DELRAY-BY-THE-SEA and plans for the development of the property,which
~. plat and plans have been prepared by George S. Brockway, Engineer, and
this Commission deems said plat and plans to be satisfactory and designed
- for the orderly development of the property aforesaid and for the protec-
tion of the health and welfare of the inhabitants thereof, and the
inhabitants of the Town of Highland Beach; and
WHEREAS, the aforesaid plans provide for the installation of water
mains (and fire hydrants) connecting with the Townts municipal water sup-
ply system and to become a part thereof and it is desirable that arrange-
meets be made for the installation of such mains and hydrants; and
WHEREAS, TOTTERDALE DEVELOPMENT, INC. has requested that for the
time being, the Town limit the amount of taxes to be imposed on each
lot shown on the of oresaid plat;
NOW, THEREFORE, BE IT R~'SOLVED BY THE TOWN COMMISSION OF THE
TOWN OF HIGHLAND BEACH:
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1. That due to the large amount of expenditures by TOTTERDALE DEV-
ELOPMENT,INC., or its assigns, necessary to make the said property in-
habitable and as an inducement to said company, or its assigns, to make
the aforesaid improvements, the Town of Highland Beach shall not levy,
assess, charge or collect ad valorem taxes on said land in excess of an
annual tax of X2.00 per lot (unimproved by structures) as shown on said
plat for ten gears from the enactment of this resolution. In the event,
however, that any such lot is sold by TOTTERDALE DEVELOPMENT, INC. or
the transferee of any substab,tial part of the tract described in the
preamble hereof than such lot ma be taxed in accordance with law with-
out regard to such limitation of 2.00 per lot.
2. As a further inducement to said T9TTERDALE DEVELOPMENT, INC., its
- _sueeessors or assigns, to make said improvements and install said water
-mains and hydrants, said Town of Highland Beach agrees that when the wa-
ter mains and I fire hydrants are installed as provided by the a-
foresaid plans, i~will pay to said Totterdalc Development, Inc. (or to
its successor or assigns) quarterannually the sum equal to sixty per cent
of all revenue received by the Town for water supplied to the inhabitants
of said area Served by the mains so installed for a period of fifteen
,years from the date of completion of installation or until the cost of
installation of said mains and hydrantshas been fully repaid whichever
is the shorter period. The first payment shall be made three months after
the first water revenue is received from said area. Each payruent shall
be ~Y equivalent to sixty per cent of the water revenue received from
said area in the immediately preceding three months. The Town shall vwn
..and have full control over the mains and hydrants after installation is
completed. The Town shall furnish water to the inhabitants of said area
:at the same rates charged to other consumers in the Town.
"' 3. The provisions of Sections 1 and 2 of this resolution shall apply
separately to bract One and to Tract Two and shall only become effective
as to either such tract (or both such tracts) if the owner or owners
thereof shall within .one year from the date of adoption of this resolu-
`~" tion in good faith begin development thereof in accordance with said
' (minutes continued on page 4) ~=
~, .. ~
(page 4) Minutes. Highland Beach Town Commission. 3/1/55.
with said plans and thereafter complete the same in a reasonable period
'~ of time. On completion of installation of the water mains and hydrants in
either parcel, the engineer supervising such installation shall certify
to the Town the cost thereof.
4. The following additional conditions and requirements are hereby
imposed:
(a) Each contract for the installation of any of the water mains
and hydrants must be submitted to and approved by the Town Engineer or
Town Commission in advance of the performance of the work provided for
therein.
(b) The location of maim and hydrants and their site and capa-
city must be approved by the Town Engineer or Town Commission.
(c) No payments from water revenues shall be made until the main
improvements provided for by the plans have been completed and the Town
Engineer has eertified~to that fact or the Town Commission is otherwise
satisfied of completion.
5. The provisions of this resolution shall extend to the benefit of
any person or concern to whom T6TTERDALE DEVELOPMENT, INC. shall sell
and convey either tract described in the preamble hereof or any substan-
tial part thereof..
6. A part of the purpose of this resolution is to induce the begin-
Wing of improvement of lands in the Town west of State Road A-1-A. The
provisions hereof shall not set a precedent for action with respect to
'` subsequent development.
?. The effect of .this resolution i~ subordinate to the provisions
of Ordinance 102 providing for the issuance of X100,000.00 water bonds
of the Town. Wherever the provisions of this resolution conflict with
the provisions of said ordinance, the provisions of said ordinance
shall prevail.
8. The following schedule of supporting maps and documents have
been filed with the Town Clerk:
(a) Plat of DELRAY-BY-THE-SEA.
(b) Water main and hydrant layout.
(c) Topographical survey.
(d) Aerial map with plat superimposed.
(e) Typical road cross-section.
( f ) Letter of BROCKWAY, WEB~;R & BROCKUIIAY, INC . , by h
George S. Brockway dated February 24, 1955
Passed in REGULAR SESSION this 1st day of Mare h, 1955
• ~ GGG Ma or
Commissioner
~~ r~/~ n ~ Commissioner
.~.~; x,16( fj.,,`~,{~', -
Attest ,L ~
(minutes continued on page 5)
(page f~~) Minutes. Highland Beach Town Commission. 3/1/55
There was general discussion about the problem caused by the iron in
• the Town water supply and it was the concensus that the chemical treat-
ment, which has been in uae for some months, was still not giving sat-
isfactory results. By general agreement it was decided to prodeed further
with the Town Engineer to explore the feasibility of installing filters
to 3.mprove the quality of the water.
On motion of Gomm, Harmon, seconded by Comm. Skillman, the Mayor and Town
Clerk were authorized to consult with Engineer George S. Brockway secure
information as to the cost involved and other data on which the Commis-
sion could take appropriate action. The motion was approved and passed
by the affirmative votes of all five commissioners present.
The Town Clerk presented a petition which the City of Delray Beach wished
circulated concerning the proposed establishment of a Beach District to
secure more public beaches. ~~~~'x~.~X~~.'~~~ It was tab-
led on motion of Comm. Harmon, scconded bar Comm. Skillman and the affirm-
ative votes of all five commissioners present.
R. K. Carter & L. A. Wingle, as taxpayers made request that something be
done to reduce speeding on State Road A 1 A. After some discussion of the
problem and by general agreement it was decided to let them serve as a
committee to contact the office of the State Road Dept. at Fort Lauderdale
and see what practical means could be used to meet the situation.
On motion of Comm. Harmon, seconded by Comm. Noble and approved by affirm-
ative vote of all five commissioners present the Town Treasurer was auth-
orized to pay the bill of Byrd & Whitley in the amount of ~50.OO,R~ dated
2/9/55 for miscellaneous legal consultations as stated in the bill, and
also authorized payment, when approved by the Mayor and Town Clerk, of
the bill of Arcade Electric Company in the amount of X453.53 for emergen-
cy changes to the electric controls at the Water Works.
On motion of Cou~n. Skillman, seconded by Comm. Noble and approved by the
affirmative votes of all five commissioners present the Town Clerk was
authorized and directed to have his bond increased from X5,000.00 to
~10~000.00 and if possible to secure a more economical rate for said bond.
This action was taken in response to a recommendation of-the Town Attorney.
The meeting was adjourned on motion of Comm. Skillman, seconded by Comm.
Harmon and the affirmative votes of all five commissioners present.
(end of minutes ) Approved; --~-~~ ~ ~~
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