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10-14-77SpMtg OCTOBER 14, 1977 A Special Meeting of the City Council of the City of Delray Beach, Florida, was held in the Council Chambers at 12:01 P. M. Friday, October 14, 1977, with Mayor James H. Scheifley presiding, and City Manager J. Eldon Mariott, City Attorney Roger Saberson, and Council members Robert D. Chapin, David E. Randolph, Aaron I. Sanson, IV., and Leon M. Weekes, present. Mayor Scheifley stated the Special Meeting was called for the purpose of considering acceptance of the bids for sale of the Striker Yacht and Boston Whaler. The City Attorney stated the auction took place and the high bid that was received for the Striker Yacht was $136,000 and the high bid for the Boston Whaler was $1,400. There has been a complication that has arisen in regard to the Striker Yacht that pertains to a motion that was filed to set aside the forfeiture proceedings. This complication has to do with the appeal time. He noted this has not become a final order, as yet, and it would be in the City's interest to accept the bid in concept and principal and allow the City Attorney's Office to meet with the bidder to see if adequate protection can be built into the transaction to protect the City and to serve the interest of the purchaser. Mr. Weekes moved that Council accept the recommendation of the City Attorney, seconded by Mr. Chapin. Before roll call, the following discussion was had. City Attorney Saberson noted the approval today is not a final approval; it is an authorization for the City Attorney's office to meet with the bidder. Mr. Chapin asked the City Attorney if the person can be identified who is asking to set aside the forfeiture proceedings. The City Attorney noted the attorney who filed the motion would not disclose to the judge who it was that he represented. On September 15th, the judge denied the order and the City was informed on October 13th by the States Attorney's Office that a written order had not been entered. The appeal time does not run until the written order is entered. Once the order is entered, there is a 30 day appeal time. Mr. Chapin noted this is an authorization to convey title to the highest bidder subject to the finality of the court's order denying the unknown party from any appeal rights. The City Attorney added the terms and conditions of working out the acceptability of that with the purchaser and the City being able to do this in such a way that the City is protected. Mr. Randolph stated he would not want to see this go past a 30 day period from today's date and offered the following amended motion: Mr. Randolph moved to have a maximum of 35 days from the date of the written order to finalize this transaction, seconded by Mr. Sanson. Mr. Weekes and Mr. Chapin accepted the amended motion. Mr. Bill Lewis, attorney for the high bidder, noted he was not prepared to proceed in this manner and his client cannot be reached at this time. He noted he has no personal objection to pro- ceeding in this manner but should his client indicate he doesn't want to continue this transaction ih. this mann~r, he would like to have protection to withdraw from the transaction. He would also like assurance that if he withdrew, he would want the $10,000 deposit returned and noted at the sale it was announced that the boat was being sold free and clear of all liens and encumbrances, and the proper City authority would be giving a bill of sale without liens and wanted this to be a matter of record that that is what the City Council agreed to do. He noted he would work any way he can to finalize this transaction. The City Attorney stated it would be his recommendation that such a bill of sale be issued. Mr. Sanson asked if the City still owns the boat until this 35 day period takes place. The City Attorney replied in the affirmative, and noted as soon as the title is transferred, the purchaser has ownership. Mr. Bill Lewis noted in the event an appeal is taken, this procedure would have to be restarted. The City Attorney noted this meeting is not a final approval; there will be another.Council meeting, and added this is an approval as to the price subject to working out the other terms and conditions. Mr. Sanson spoke regarding the possibility of any liens on this boat and asked what position would the City be in. He added when the title is passed and the money is received at what point does the City enter into a period Of no liability. The City Attorney noted if there turns out to be a lien on the boat at the time the title is transferred, the City is liable for that lien. The City Attorney noted the Police Department has checked the people in the chain of title and the possibility of such a lien is remote. Mr. Sanson stated some direction is needed from the City Attorney's Office at the time the title is transferred as to how long the City should wait before the funds are expended. The City Attorney noted the money should be put in the General Revenue Fund and should be expended for municipal purposes. The City Attorney r~.carified the motions. He noted the price is acceptable subject to the City Attorney's Office meeting with the representative of the bidder and working out the details pertaining to the 35 day appeal time and the other terms and conditions of the sale which agreement will be brought back to Council for final approval. The approval at this time is not intended to be a final approval. In the event the details are worked out and a transfer is completed, it is his recommendation that this be done by a bill of sale, with warranty of title, noting that the property is free and clear of all encumbrances. Roll call on the motion was had at this time. Motion passed unanimously. City Attorney Saberson noted Mr. Lewis has requested in the event the details cannot be worked out, his client would have the right to withdraw the bid and his deposit of $10,000 will be returned. Mr. Weekes moved that in the event the details cannot be worked out, that Mr. Lewis' client will have the right to withdraw the bid and have' his deposit of $10,000 returned, seconded by Mr. Randolph, said motion passing unanimously. Mr. Weekes moved for the adjournment of the meeting, seconded by Mr. Randolph. Said motion passing unanimously. The meeting was adjourned at 12:15 P. M. City Clerk AP Pn%OVED: ~~ __ The undersigned' is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Council of October 14, 1977 which minutes were formally approved and adopted by the City Council on /--d~~ ~ ~t /~F7 · - / City clerk NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the offici&l minutes of the City Council. They will be- come the official minutes only after they have been reviewed and approved which may ingolve some amendments, additions, or deletions to the minutes as set forth above. - 2 - 10/14/77.