1956.06.05_TC_MinutesMinutes. Highland Beach Town Commission. June 5, 1956.
(A regular monthly meeting)
The meeting was called to order at 7:30 p.m. by Mayor Smith. Also
present were Comm~rs ~ypel, Hertwig and Noble. Commtr Weber was
absent, being out of town. Town Attorney Henry F. Lilienthal was
present and in the audience were Mr. John F. Keoghan and Mr. Joseph
Kern.
Minutes of the meeting of May 10, 1956 were read and approved on motion
of Comm. Noble, seconded by Comm. Eypel and the affirmative votes of
Comm~rs Is'ypel, Hertwig, Noble and Smith, there being no dissent.
Town Attorney Lilienthal presented,for consideration by the Commission,
prepared Ordinance #112, which the clerk proceeded to read in full.
The title of the ordinance is as follows;
Town of Highland Beach, Ordinance #112,
AN ORDINANCE AUTHORIZING THE CONSTRUCTION OR ACQUIS-
ITION OF ADDITIONS, EXTENSIONS AND IMPROVEMENTS TO
THE WATER SYSTEM OF THE TOWN OF HIGHLAND BEACH, FLORIDA:
AUTHORIZING THE ISSUANCE OF 20,000.00 WATER REVENUE
CERTIFICATES FOR SUCH PURPOSE AND PROVIDING FOR THE RIGHTS
OF THE HOLDERS THEREOF.
After the reading of Ordinance #112 there was some further discus-
sion of its provisions altho most of its provisions had been well
understood in earlier conversations with the Town Attorney. After
full consideration Comm. Hertwig moved that Ordinance #112 be ap-
proved as read. The motion was seconded by Comm. E'ypel and appno-
val was completed by the affirmative votes of Comm~rs ~°ypel, Hertwig,
Noble and Smith. There was no dissent and the Ordinance being an
emergency measure becomes effective without a second reading.
Town Attorney Lilienthal presented.prepared Resolution #62, Author-
izing the sale and delivery of X20,000.00 Water Revenue Certificates
to the Bank of Palm Beach & Trust Company. Clerk Hertwig read the
resolution X62. Comm. ~rpel moved that it be approved. The motion
was secon~dd by Comm. Noble and its approval was completed by the
affirmative votes of Comm+rs Eypel, Hertwig, Noble and Smith.
There was no dissent. The resolution X62 appears on the following
page, page 2 of these minutes.
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(page 2, minutes) Highland Beach Town Commission. 6/5/56
TOWN OF HIGHLAND BEAGH, FLORIDA. RESOLUTION ~ g2
AUTHORIZING SALE AND DELIVERY OF WATER CERTIFICATES
TO BANK OF PALM BEACH AND TRUST COMPANY.
tNhereas, the Town of Highland Beach has authorized the issuance of
;20,000.00 of water revenue certificates to assist in the cost of
construction of water filtration plant and other improvements to
the existing water system of the Town of Highland Beach; and
~Flhereas, Bank of Palm Beach and Trust Company has offered to pur-
chase said certificates, when issued, at a price of par plus
accrued interest;
NOW THEREFORE BE IT RESOLVED, BY THE TOWN COMPIIISSION OF THE TOWN
OF HIGHLAND BEACH, FLORIDA, AS FOLLOtP1S:
1. That the-issue of June 1, 1956, of water revenue certificates
in the total principal sum of 20,000.00 be sold to Bank of Palm
Beach and Trust Company of Palm Beach, Florida, at a price of par
plus accrued interest.
2. That said certificates when printed and executed shall be
delivered by the Town Clerk to said Bank of Palm Beach and Trust
Company upon receipt of the purchase price of said certificates.
PASSED AND ADOPTED BY THE TOWN COt~ZMISSION OF THE TOWN OF HIGHLAND
BEACH, FLORIDA, at a meeting held on the 6th day of June, A.D. 1956.
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After adoption of above Resolution #62 Comm. Eypel moved that the
Commission recess for one hour in order to conduct informal conver-
sations with Mr. John F. Keoghan and Mr. Joe Kern relative to their
plans for bringing a 90 acre tract into the Town. The motion was aa~s
seconded by Comm. Noble and approved by affirmative votes of Comm.
Eypel, Her twig, Noble and Smith.
(minutes continued on page3) `y~9~
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(page 3 minutes) Highland Beach Town Commission. 6/5/56
The Commission went into recess at 8:30 p.m. 11rtr. John F. Keoghan
submitted proposal for the inclusion into the Town of a tract of
approximately 90 acres. Accompanying the two page proposal were a
map showing location of the tract, a platted layout of the tract
and a proposed road section.
There was a general, informal discussion of the proposal from all an
angles which discussion lasted for about one hour. It was the consen-
sus of all that the ppoposal merited the serious consideration of the
Town Commission. By general agreement it was decided to accept the
proposal for formal consideration and that it should be referred to
Town ~rigineers Brockway, Weber & Brockway for a report on the engin-
eering and practical questions which would be involved, and to the
Town Attorneys, B,'~1~ Johnston & Lilienthal as to the legal
questions involved.
At 9:30 p.m. Mayor Smith ended the recess by calling the meeting to
order. The clerk read letter from Howard ~. Slagle calling attention
to the need for afire hydrant somewhere in the vicinity of his new
home under construction. Comm. Noble-moved that an estimate be secur-
ed for installing such hydrant. Comm. Hertwig seconded the motion
and it was approved by affirmative votes of ~ Comm. impel, Hertwig,
Noble and Z Smith. There was no dissent.
Comm. Hertwig stated that the Town might soon be called on to issue
a building permit on a plot in the limited business a~~t~ zone a31d
that it might be advisable to find out if certain original deed re-
strictions were still effective and in conflict with the Town Zoning
Law. Comm. Eypel moved that the matter be feferred to the Town At-
torney for an opinion. The motion was seconded by Comm. Noble and ap-
proved by affirmative votes of Comm. ypel, Hertwig, Noble & Smith.
There was no dissenting vote.
After many earlier discussions about the failure of the owners of
the sub-division known as Delray-by-the-Sea, to carry out the pro-
mised early development of their plot, the Town Commission, on
relay 2nd of this year, directed the Town Attorney to take proper
steps to cancel Resolution #50 with its several concessions. For
this purpose Resolution #63 was prepared by the Town Attorney.
Comm. Hertwig read Resolution X63 and moved that it be approved.
The motion was seconded by Comm. Noble and adopted by the affirma-
tive votes of Comm~rs Eypel, Hertwig Noble and ~ Smith. There
was no dissenting note.
Resolution #63 appears on the following page, page 4 of these minutes.
(minutes continued on page 4)
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(page 4, minutes) Highland Beach Town Commission. 6/5/56.
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Town of highland Beach. RESOLUTION N0. 63
Rescinding Resolution No. 50.
WHEREAS, at the request of Totterdale Development, Inc„ owner of
property platted as Delray-By-The-Sea, as in Plat Book 24, page 158,
recorded in the office of the Clerk of the C ircuit C ourt of Palm
Beach County, Florida, the Town Commission of the Town of Highland
Beach adopted Resolution No. 50 on March 1, 1955, whereby the Town
agreed to make certain concessions to Totterdale Development, Inc.
on certain conditions set forth in said Resolution No. 50;
AND WHEREAS Totterdale Development Inc., and it+s assigns have
failed to comply with their part of the deal in that they have not
completed their development in a reasonable time as contemplated
by Totterdale Development, Inc. and the Town;
NOW THEREFORE, BE IT RESOLED, by the Town Commiss-ion of the Town
of Highland Beach, Florida, in regular session assembled June 5,
1956, that said Resolution No. 50, pertaining to an arrangement
between the Town of Highland Beach and Totterdale Development,. Inc.,
involving said property be and the same is hereby rescinded
and cancelled.
Attest ~PC ~ ~
Town C er
The meeting was recessed until 7;30 p.m. June 19, 1956, on motion
by Comm. Eypel, seconded by Comm. Noble and the affirmative votes
of Comm+rs Eypel, Hertwig, Noble and Smith, with d scenting vote.
(.end of minutes) Approved; ~, ,
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Minutes. Highland Beach Town Commission. (June 5, 1956 Recessed)
June 19, 1956
The regular June meeting which convened on June 5, was recessed
to this date in case emergency measures might have to be taken
in the matter of a proposed public beach.
The meeting was called to order at ?;30 p.m. by Comm. Hertwig.
There were no other commissioners present and Comm. Hertwig
declared the meeting adjourned sine die.
End of minutes. Apppoved
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