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HomeMy WebLinkAbout86427 - MINUTES - City Commission MINUTES OF SPECIAL MEETING, CITY COMMISSION, CITY OF DANIA, FLORIDA HELD NOVEMBER 27, 1963. The City Commission of the City of Dania, Florida met in Special Session in the Commission Room at the City Hall. PRESENT WERE: MAYOR COMMISSIONER VERA L. HILL COMMISSIONERS R. L. GRAMMER VIRGIL L. TARPLEY S. ELLIS YOUNG CITY MANAGER E. S. TUBBS, JR. CITY ATTORNEY CLARKE WALDEN CHIEF OF POLICE MONTIE SMITH BUILDING INSPECTOR CHARLES LINDEMAN CITY CLERK MARY THORNHILL Meeting called to order at 4:00 o'clock P. M. EST by Mayor Hill. �i Attorney Walden: Last Friday Mr. Grammer made a motion, of which the intent was to require the Monro Operating Co. , Inc. , who had earlier applied for a building. permit for construction of an add- ition to the fronton, to in effect post a cash bond for $5,000 with the condition being the fronton company will install side- walks on the north, west and south side of their property within six months. To make this legal and get all the details , you have to have a rather lengthy agreement. There is a twenty acre tract I of land and you have to have the right descriptions. The property is actually owned by the Dania Fronton Corp and the Monro Operating Co. , Inc. The Monro Operating Co. , Inc merely { , operate the fronton. The Dania Fronton Corp and the Monro Oper- ating Co, Inc. should be included in the agreement. In addition some provision should be made to give the Dania Fronton Corp and the Monro Operating Co. , Inc. the right to come' in fairly quickly and ask for a variance permit. Mr. Grammer's motion contemplated continuous sidewalks on three sides of the property and I believe some mention should be made of the engineering work that is going to be required to show the t. proper cuts and breaks to coincide with the drainage. I have an agreement that simply irrevocably binds the Monro Operating Co, . Inc. and the Dania Fronton Corp to begin construction of the side- walks within six months. The agreement further provides that within sixty days, if some exception is in order, they can 'make proper application for a variance permit. If the variance permit is granted, the corpor- ation agrees to do whatever the variance permit requires. If the variance permit is denied, the corporation simply agrees to put in the sidewalks on three sides of the property. The Dania Fronton Corporation has given to the City cash in the amount of $5,000. The bond is incorporated in this agreement which simply says that the corporation will construct the side- walks in accordance with the agreement. Should they fail to do t` so the City has a right to use the $5,000 to put them in. If the $5,000 is not sufficient, the City has a recourse against the corporation for the deficit. On the other hand if the sidewalks are put in by the owners of the property in accordance with the agreement the $5,000 will be refunded. It is merely a cash bond. 1 Further, we always have questions on the legality of any ordinance. So by this agreement the Dania Fronton Corp and the Monro Operating a Co. , Inc. have agreed to forever be astopped from attacking the legality of the ordinance. - - - 0 In consideration of the agreement the City does agree to issue a certificate of occupancy if all other requirements are met con- cerning the construction that is going on now. The agreement contains the terms of what Mr. Grammer intended. It is all in the agreement in fine details. It is necessary to have a motion entering into the agreement as outlined. Commissioner Grammer: I will make a motion to accept the agree- meut drawn up by Mr. Walden, also agreeing to give the Dania Fronton Corp a certificate of occupancy if the building inspector thinks they are entitled to it-- that is -- if the job is done. Commissioner Young: I will second the motion. Commissioner Tarpley: Does the city have the check at this time? Attorney Walden:: Yes. sCommissioner Tarpley: Are we allowed to use this money in our operations? Attorney Walden: If it is put in the general fund. But actually you are only holding it. If the fronton puts in the sidewalks in accordance with the agreement you will give it back. If they don't, you spend the money to put in the sidewalks. Commissioner Tarpley: Mr. Grammer will you include that in y®ur t+, motion. That is-- we use the money for six months. Attorney Walden: You have to be in a position to pay it back if the fronton puts in the sidewalks. • Ommissioner Grammer: If it is put in the general fund you will be using it. We have to have it there if we have to pay it back. Commissioner Young: You will have to have a liability account to off-set it. • ;+ Mayor Hill called for a roll call vote. It was as follows: Grammer Yes Tarpley Yes Young Yes Hill Yes There being no further business , the meeting adjourned. waxy Thornhill City Clerk Vera L. HliL Mayor Commissioner �;. -2-