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08-18-49SpMtg230 AUGUST 18TH, 1949 A Special Meeting of theCity Council of the City of Delray Beach was held in the City Manager's office at 4:30 p. m. with Mayor Jr L. Sounders in the Chair, and City Attorney John }Ioore, City Manager Charles E. Black, and the following Co:mcilmen present, John N. Kabler.and l¢alter A. Roth, a quorum being present. City Attorney Moore presented an agreement between the Trustees of the Florida East Coast Railway Co. and the City of Delray Beach, pertaining to the opening of the railroad crossing at N. Street, together with Resolution authorizing the Mayor and City Clerk to execute same, which were read in full as follows: "TI!IS AGREEMENT, Made in duplicate this 19th day of August, A. D. 1949, by and between SCOTT }I. LOFTIN and JOHN ~. M~/TIN, as Tr~stees of the property of Florida East Coast Railway Company, and not individually, hereinafter called Trustees, and CITY OF I)ELRAY BEACtl, a Flo~ida municipal corporation (Address: I)elray Beach, Florida), hereinafter called the Second Party. ]4ITNESS~TH: That the said Trustees, for and in consideration of the cov- enants and agreements herein c,~ntained to be p~rformed and kept by the Second Party,'do hereby give hod licease unto the,-said" - Second Party the~right and privilege to use as a crossing for pub- lic street crossing purposes only, that part of the right of way and property of said Railway in the City of Delray Beach, Palm Beach County, Florida, at the location described as follows: A parallelogram shaped parcel of land 60.0 feet wide northerly and southerly extending easterly and westerly across the right of way and tracks of Florida East Coast t{ailway Com- pany at NE 1st Street in Delray Beach, Florida, the lon~itudinal ce~ter line of said parcel of land being located 3757 feet more or less southwesterly from the Railway's Mile Post No. 316 from Jacl<sonville, Florida, said right of way of the Railway having a total width of 100.0 feet at, this location, being 50.0 feet in width on each side of the center line of the i{ailway's northbo~nd main track. All as shown colored yellow upon blue print of part of the Railway's plan Corr. File 317-26 dated June 14, 1949, attached hereto and made a part hereof. TO IiAVE ~D TO USE the said rights, privileges and licenses solely unto the Second Party until terminated as hereinafter provided. In consideration of the rights, privile.~e~ au,1 licenses hereby given by the Trustees unto the Second Party, the Second Party cov- enants and agrees with the Trustees as follows: AUGUST 18TH, 1949 1. That said crossing shall be used for public street crossing purposes, only across the ~ailway's right of way and tracks, and no pipe, wire, rail or other line or structure shall b~ placed in or on said right of way or crossing wi!hour the previous consent in writing of said l{ailway Trustees. 2. Second Party, at its expense, shall furnish material and labor for, and construct the portions of said crossing extending from the limits of the right o£ way of the Railway on each side its existing tracks to the ends o£ ties in said tracks, and shall furnish and place the required tack, and asphalt material in the portion of said crossing over the ties and between the rails in said existing tracks of the Railway. The t{ailway shall furnish and install the new ties, track rails, rails to form flanffeways and other track material req,~ired in said existing tracks, Provid- ed, however, that Second Party shall pay not to exceed $600.00 towards the expense of materials and. labor for s.~ch installation. Second Party, at its expense, shall maintain said crossing except the said protion thereof located over the ties and between the rails in said existing tracks, which portion of c~.ossing shall be maintained by and at the expense of the l~ailway. The aporoaches in said crossing on each side of the i{ailway's tracks shall be constructed and maintained by Second Party with Ers. de not exceed- ing 2.0~{, and all work in connection with s,~ch construction and maintenance by Second Party shall be performed under the supervis- ion of an authorized representative of the [{ail way in a manner and with materials subject to his approval. 3. Second Party agrees to relieve the Railway from assess- ments arising out of the eiist, ence of said crossing. 4. Second Party, at its expense, will install and maintain( any necessary drainage facilities required on account of the loca- tion and existence of said crossing, such installation, the ado- quancy thereof for the drainage required and. the maintenance there- of are to be subject mt all times to the a~proval of the Railwr, y's authorized representative. 5. Second Party shall not take any action that will pre- vent or tend to prevent the operation of trains over said crossing. 6. The provisions and stipulations of this afreement are a part of the consideration cC the licensing of the above privi- leges and crossing, and in the event the 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 ~ull right on the part of the Trustees and Railway to re-en- ter and repossess the s;~me if they shall elect to do so. 7. Second Party hereby grants, unto Florida East Coast llailway Company and its Trustees all necessary permits for the installation, construction, erection, repair and maintenance of any of the facilities, work or fixtures mentioned or contemplated in and by this agreement, nnd Florida ~,ast Coast I{ailway Company or its Trustees shall give Second Party forty-eight (48) hours' notice of intention to perform any such installation, construction, repair, erection and maintenance. AUGUST 18TI{, 1949 8. This agreement is terminable by the Trustees, or their successors or the assigns of the Trusteeship Estate, at, their option, upon the discharge of the Trustees as such, any fixed per- iod of time or any other thing herein to the contrary notwithstand- ing~ and in tile absence of such cancell;-~tion~ all rights of said Trust~es hereunder shall imure to the benefit of their successors or the assigns of the Trusteeship Estate. 9. Second Party agrees to pay, upon the execution an(] delivery of this agreement to it, the Full amount of documentary stamp taxes now or hereafter required to be affixed to this instr- ument under the laws of the United States of America, State of Florida, or both. IN ~ITNESS ~{HEREOF, the parties hereto have caused these presents to be duly executed in duplicater each the day and year first above written. Signed, sealed and delivered in the presence of: (Signed) ~illiam J. D. tIoff SCOTT H. LOFTIN and JOHN ~(. HARTIN, as Trustees of the property of (~i~ned) Frances E. Pitt Florida East Coast Railway Company As ~o Trustees By. (Signed) Scott H. LoFtin Trustee CITY OF DELRAY BEACIt, a Florida municipal corporation (SEAL) By (Signed) J. L. Saunders Mayor ATTEST: (Signed) Ruth R. Smith City Clerk" "RESOLUTION No. 737 Upon motion of Councilman ~oth, duly seconded, the following resolution was unanimously adopted. liHEREAS, in the opinion of this City Council. of the City of Delray Beach, a Florida municipal corporation, it is deemed advis- able and. necessary for the City of Delray Beach to obtain from the Trustees of Florida East Coast Railway Company the right and privilege to use for public street crossing put'poses only that part F · of the right of way and property of said lorxda East Coast Rail- way Company in the City of Delray Beach, Palm Beach County, Florida, more particularly described as follows: AUGUST lfTt!, 1949 A parallelogram shaped parcel of land 60.0 feet wide northerly and southerly extending easterly and westerly across the right of way and tracks of Florida East Coast i{ailway Company at NE 1st Street in Delray Beach, Florida, the longitudinal center line of said parcel of land being located 3757 feet more or less southwesterly from the l{ailway's Mile Post No..216 from Jacksonville, Florida, said right of way of the Railway having a total width of 100.0 feet at this location, being 50.0 feet in width on each side of the center line of the l{ailway's northbound track. all as shown colored yellow upon blueprint of part of the Railway's plan Corr. File 317-26 dated June 13, 1949, at- tached to said agreement and mad a part thereof. AND WHEREAS, said Trustees have submitted form of contract between them and the Oity of l)elray Beach covering public street crossing on said property at the location above described. NOW, TIIEi{EFORE, BE IT iIESOLVED BY THE City Council of the City of Delray Beach, a ~'lorida municipal corporation, as follows: 1. That thru, City of Delray Beach, a Florida municipal corporation, acting by and through its Mayor and City Clerk, does h~ereby agree to and enters into an agreement with Scott M. Loft~n and John W. Martin, as Trustees o£ the property of Florida East Coast Railway Company, wherein and whereby the City of Delray Beach, Florida is f}ven the righ% and privilege to use for Dublic street crossing purposes only that part of the right of w~:y and property of said Florida East Coast Railway Company in the City of Delray Beach, at the location aforesaid upon the conditions and terms, all as set forth and cc. ntained in proposed contract, a copy of which is on file with the City Council of the City o£' Oelray Beach, and by ~eference thereto made a part hereof. 2. That J. L. Saunders, as Mayor of the City of Delray Beach, Florida, with the attestation of I{uth }{. Smith, as City Clerk, be and they are each authorized and directed to execute said agreement for and on behalf of tho City of Oelr~y Beach, Florida, and b sub- mit the same for execution by the Trustees of Florida East Co:..st Railway Company. 3. That this resol,~tion shall take effect inm~ediately upon its passage. ST~TE 0F FL0~iIDA, ) COUNTY OF PALM B~ACH) CITY OF DELiLiY BI, AC) 234 AUGUST 18th, 1949 I, Ruth l{ mxth, City Clerk of the City of Delray Beach, a Florida municipal corporation, do hereby certify that the Coregoing is a true and correct copy of the resolution adopted by the City Council in session the 18th day of August, A. D. 1949, as the same appears on record in the public records of said City of Delray Beach, ~'lorida Book~,~-page 230 · in my official custody. (Signed) Ruth it. Smith City Clerk S E~kL" A motion was made by Councilman [loth that the Resolution be passed and adopted as read, and that the Foregoing agreement be executed on behalf of the City by the Hayor and City Clerk. The motion was seconded by Councilman gabler, and upon call of roi1. carried unanimously. The City Attorney advised the Council of an error in the descript- ion of property leased to the Library Association on S. E. 4th Avenue, the lease covering Lots 7 and. 8, instead of Lots 8 and 9, Block 101, and upon motion of Councilman Kabler, seconded by Councilman unanimously carried, he was authorized to prepare a corrective lease to cover Lots 8 and 9 of this Block. City }lanager Black then stated, that Hr. Luke Wilson had made a proposition to police and maintain the mile of public Beach., as far as cleaning up the sea-weed, and Furnishing life guards, in exchange for the cabana and umbrella concessior for the entire Beach. Hr. Black explained that the Life Gurads cost the City approx- imately ~ 2,000.00 a year, For five month's service, and that the cost of cleaning the Beach was rouahly ~ 2,500.00, or a total of ¢ 4,500.00. If the license fee for the Beach concessior is raised tO ~ 2,000.00 apiece, as previously suagested, fl~e license will be only ~ 4,000.00. Hr. ~ilson, being present, stated that he would keep two Life Guards and two men to handle the equipment on the Beach, during the season and as long as need'ed, and would plan to keep at least one man there during the summer. The matter was referred to the City Attorney for verification of Charter provisions, and also any deed restrictions which might prevent the City from making such an arrangement, and he was asked to file his opinion with the Council at its next reaular meeting. Councilman Kabler moved that the Committee appointed to draft a new or revised Building Code, be requested to advise the Council as to their recommendations on removing the restrictions on the use of solid block piers and beams in the place of poured concrete colums and beams, stating that -~he F. H. A. approved this type of construct- ion, and ii, is being used in all surrounding Towns. The motion was seconded by Councilman 'Xoth, and upon call of roll was unanimously carried. AUGUST 18TIl, 1949 Councilman Kabler suggested that one block in the colored sect.ion be improved with shell rock and oil, when equip, ent is available, as an experiment to determine if such a road would hold up, and what the cost ~ould be. Hayor Saunders asked the Council to cooperate wi. th the Jr. ~o~an's Clu~ in the impr~ove~ent o~ the Cemetery, as they have taken over the Cemetery as their project for. the year. City Hanager Black recom~,ended that it be suggested to the Garden Club, in connection with their efforts to beautify Atlantic Avenue, that ne~ i(oyal Palm trees be planted on Atlantic Aven,.~e, east of the bridge, on the new right-of-way line, to replace those which will be destroyed by the widenin.~ of the Street, as he be- lieved they could not be moved. The Council then adjourned. ATTEST: