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HomeMy WebLinkAbout1955 clippings related to Lake ParkPage Three step aside and let the elected . officials cif thE-.. county conduct the affairs in an honorable and erficietit fashion The pi-ittern has been set in Dade County where - that he was filled Dunlapletter Dr August 16th. of -town millionaire," Lake Park course, but am forced to con- - the county commisSiOnerS effi, eiently perform. all ser.vices wh e the municiphlity had previously un with the sarcasm of that out-• I have .ttever met Mr. Dunlap or Commissioner 1-Jeall R. Frank re- elude he is In all probability. a performed or pretended to per - a letter purport-, very good citi-.2en. A.pparently he form, To me there was nothing eddy sent by John MacArthur, spent his own money printing mysterious about the corriniu- tlie letter for general circulation ,rtity's future, It could not help but be a better place to live un- less, of course, they electea sornD r •"0.1cals as coonty commi.ssioners. if at ariy time in the future there ;through the mail, ostensibly sent rnissioners whois enjoying him- wat'ci. need for a city governtrient, to hires by Mr. Rowland, that this self or had some other axe. to the Did .and new residents to - Latest utterance ha-4, made him. gTind. I would have to revise mlri gether would vote on in. and determined to see "this democ- opinion. everyone would be happy- I had racy of ours put to a test tci de-i Regardless, Mr. Dunlap L-4 ob- : no desire now or in the future termitic- what rules this ;:zi....L-i viously confused in his trilnkin- ' to -serve as ao official, and cm-1- try--ballots or dollars.' 1 C_!ertainly nn une in our or„aiti tainiv nu pre in our organize.- . 'I think this latest MacArthur zation wanted 17n be appointerl tion had an..3, such idea. I believe letter is a bigger insult to all eznr t-„,...! --_,:.,:t.;iite the futuretuna reading Mr, Dunlap's letter of our commissioners and citizerz tours ,.,J. the residents. My whoie he sincerely thought we wanted than his fall•page advertisement reasoning wEtS T-hat tile c(-1,ranlis-; to dominate the poiltic-al future of about to month ago, and I, for sioners had ..i. rasponsibility ilk,. i of Lake Park and I doubt that: one, resent it, Mr. Frank de- the Chamber of Coramerce iif you or anyone else -would be able clared., there was one) to make. Lake to get that out of his head. The communication received by Fak a bettor placto livegain thanking you for ser_d- e . Fer-1 .A Mr. Frank is as follows:- io.13.. me his letter I am haps it would have been impos- • siblc for therrt to do anything - Mr. Norman, D. Rowland Yours truly, about it on their own, but ter- I 1S18 1.1iiwthonie Drive, Box 192 tainly they rxtuld have solicited! /5/ John MacArthur __. un.; . , .. 2., proof to mii. that tn- willing to help. Their conduct 'Nab ; Dear Conarnisr,ioner: help and cooperated with anyone ° - TM.ciAs John Mac_krthor I Aro- providing you with this Lake Park, Florida Dear Mr, Rowland: Thank you for sending me Mr- 1 I - -- - were not fulfilling Choir duty to letter as a courtesy, before 1 their neighbors. i rriake up my mind whether or Our plight Was son'tething sep-' not to make it public lriforma, arate and apart, and we were en- tion, It is hoped that it may titled to consideration because offer some guidance in your fr. Li. whether or not we live in the city, ture action,. we own part of it. I sincerely felt ' Sincerely. the time had come for them to; Norman D. Rowland . • RIVIERA BEACH PRESS Lake Park Con-unissioner Incensed At Latest MacArthur Blast C'frucago, to Norman Rowland, Lake Park resident who advo- cates diq-Rtilution of the town. I Mr, Frank said after he re- reived the cornmunic at io offers Authorize !ft Water Extensions to a sincere desire to help the City and his neighbors. Of course if it should develop he is the brother-in-law DI one of.the com• r: iixie usive proof to- Y to that th- were not fulfilling their duty to their neighbors. Our plight was something sep- arate and apartand wi were en• titled to Consideration beeause whether sir not we live in the city we own part of it. i sincerely felt the time had come for them to Am provrc letter as a ;make up m; not to make titan. It is offer some g tore actions. Norr Thank you for sendi ., take Park Voters Authorize Towii - 0 wne 4 Water Extensions, A fourth provision was defeat I . what they believe to be over ed by a vote of 79 against and' :66 for. with one hlri.nir ballot whelrnin sentiment for a. town which would have enabled th€ ' owned water system in the ;commission to create the position smashing victory g i v en an of municipal judge and to all..; amendment to the town charter' point an attc rriey to the post,. Which now enables the town toy Municipal fount trial are pry extend water mains without lim-1 sicked over by the mayor of the itations. Under the old charter ltown under existing laws. nrcor4sion. watf:r main ex erisiCinsi based on asseaement against abutting property were limited -to 1.000- feet per year for any one owner. This appeared to t)( a custom made law that served owners of large parcels of land - • o and helped prevent a horrrwal de- vglopmenr. of Lake Perk. espe- cially Fn rer:e+it years, The •-ew p; charter provision was :sprnaored i. by Commission Chairman. How • - ard E. Flynn, who said the fit€- zens of T.;'-die Park are to be non. . grattdated. on their stand Fed - e matter. The vote was 116 for. 23 ag ain5t. With 8 blank ballots bE.- ing cast. `t-wo other amendments. spor.• sared by Mayor Frederick D. ;Freed. also passed by substantial margins. They arc the new charter provision authorizing re- call elections for which there -were 128 votes for, 15 against acid .4 ble.nk ballots; and a provision a r- ablin..g the citizens to initiate Iaws or to repeal laws by refer- . endurn election which Wore ap- proval by 110 a±firmative votes Observers who were analyzing the restiii. of. Tie dayr's referen- dum election in Lake Park saw against 26 negative, with 10 Wanks. SUIT ANSWERED! BY LAKE PARK Lake Park on Monday an- swered the suit filed by the Patin Beach Development Company seeking dissolution of the town and in companion motions td .quash, dismiss and strike termed unary of the allegations of the suit '-redundant, irnmater'ial, iin pertinent, scandalous, and suet• ulat.ive The pleadings, filed by ov.-ia Attorney Edgar C. Hamilton, al- lege that the relator t Palm Reach Development Company, Inc.) not- the legal owner of the lanes dest:ribed in the information" and that "such title as the rela- tor has iri and to said lands arc• held for other and relator has failed to set forth what right or authority it has to bring the ac-- tlon_" The motion to quash also ques- tions the 'authority of the court. BULLETENT Town Attorney Edgar Hail - ton. when axki tl about a report that he answer arrived at they court house by nail a llay later than that set by Judge .Toseph 101iit4s, said a special Florida statute provides for delivers--- or legal papers by mail and that the tinot of depositing the mail in the mail box. not the Tiniee of delvery,. is the confirm}' irx„ fa tor. Re staiii%, however, that the return acid s rr- ti+xns to dismiss and to q tea h; were filet before the answer. As doput,v eiourt clerk informed this newspaper at press time she crnld find no record of the tither papers, but did have the answer and the cnvei+rpe in whk k it ar- rived. to grant the relief prayed for hyr !the relator" and states "this Fi* ac, tion is not timely brought and it appears upon the face of the u - forrration that the relatcw has not exhausted the adminia-tra• tine remedies available to itt and that "there as no ailegaation that relator has ever been re- fused any municipal service benefit to which it is entitled." In ',the answer further refer- ence - ence is made 'to the title of the Pahl Beach Development Com- pany, as Follows_ "Respondents (Town and its officials) say that such tale as relator has, it is the bare l..egal title, and that- . title is held en trust, or other--. wise, for others, and is held sole- ly for the purpose of bringing' this action. The respondents deny that the relator is the real party in interest in this action and says; that the real parties in tnterL1L • have not been made parties to, this action, either ass relator, rem sp1 ndent or otherwise," The answer continues: "The re- spondents admit that the Towne of Take Park is, d small commu- nity consisting of a popular.€+ rri 4l approximately 698 per o but deny that the lands wfthifr the corporate limits are rural in nature and consist of wird and! unimproved. lan+i; and _ wool& show i o the count that arl larid�� belonging to relator with the ex- ception of one or two parcels are platted fnto Tots, wITh.h lots front on paved town streets. Such wild and unimproved lands that T wit iri t i town are -lands of relator., which the relator ary their predecessors in title have ';Continued on page 41 • SKIT ANSWERED (Continued from page 1? seen fit to place or keeps in such condition; but nevertheless, the relator has access to and from such lands by paved town streets. Theresiibrtdents .admit that due. log the past twenty-five years there has been no great increase 1 in population; but alleges that the reason therefor is because of the non -availability of properties I upon which Citizens and prospc-i five residents of the town could erect a horse or businesS, "The respondents further aF- l.ege that the relators and their', predeceti.ors of title have, for al great number of years, refused to sell or dispose of any lands for • development, although they nave had many opportunities to do so. The respondents allege that the lack of growth of the town is a 1 direct result of the relator and their predecessors in title who have stymied the -growth of laid town by withholding from the market the large ;umber of But and areas owned _ y her notwithstanding this, there been a substantial growth 1 development of those lots which; were available from' othe lot not sources, and almost every owned by the relator or so wise trolled by them through restrie.' tiof, have been built upon or arm now in the proses of being built upon," The atasW°r denies the aliega-' ton That the town dies not have I a business ss sectior' and potnts out that "there exist stores ffir} ;_ sale of groceries and drugs, and taverns for entertainment,' real estate and. Insurance 0fficee. 1 nurseries, landscaping companies, I rxxal, factoring plants for the manufacturing of general mill-; work, objects of art arid furrii- t-are, garages and filling stations, nursing homes. facilities for , transportation and a post. office-" . Replying to. the allegation that relator was being discriminated] against. in the taxation of its propert.y, the answer declares the lands "have been arm are pres- ently taxed fairly: equally and equuitabIy with the properties of others similarly situated; aid that. there exists no diserirnina• - tion against the relator in the as- sessment .and taxation of his land: and neither the relator nor its predecessors in title have ever mmade any complaint to the Board of Egualiza`.�on since the incor- poration of the town in 1923; but 1 that yearly taxesiriave been paid' on said property without con. plaint, The respondents would] further show urea the Court that' the said taxes levied and collect e] from the relator are ad va- lorerp taxes: any it is only fair _ and equitable a ha: o. _the ...total' tuxes assessed ar. eollerted, tha relator should pay an amount in -proportion to the amount of land that the relator lawns within the town. The respondents deny the principal business of the town is the.collection of ad valorem to e5 a,sessed on the relator's land, but. wouid show that. for the fis- cal year ending May 31. V74.55 the operating revenue of the town was as folo;ws! Real estate and per- sonal property taxes say tsPFJ 31 Occupational licenses _ 3,030 00. Building permits ..____ 1:148.aC Fines. and forfeitures _ Interest- and penalties • on ..property to Ce -- 1:076,2g: :Cauity grants -,E1 • aiit for roads and bridges 3 9.00 State cigarette excise tax --- 1.81-L2 nants :.secitarieous .___ °?-i4'l Tom' ____ - Slt}, 139,19 ''Respondents would show that developed and the need for such service is showri. The answer denies the town's ' water byvtem is inadequate or that it has been pronounced be- low minimum standards by the State ]ward of Health and al- leges `:the contrary is true.}' It: Is also d wlared that existing fa- cilities can supply excellent wa- ter "for many times the present ,population and that relator has neither asked nor been refused water facilities." i The answer then emphasizes the many excellent town services available, including ths: Fire De- partnent with two vehicles, one a 1955 mt)tlel fire truck, pills oth- er equipment and a 35-man vial unteer fire force and that in fif• teen years only one house a.rrci fie small auxiliar7 building have been destroyed'. by fire. A fire in the Spring of this year, is cited ....then tie entire fire force and rrtrsost the entire }sale popula- tion a¢ the town were needed to extinguish a fire on the rrylator's land after many hours of effort, Undergrowth that iia-s collected over the years. on relator's land is cited a .s a Tire hazard. The answer also dies street maintenance and garbage collet• Lions or twice a week and trash collections at Ieast once each week, which is a more frequent schedule than is tvailabL3 in oth- er adjoining municipalities, The police department consist- ing of a ful]-+brie officer and one part time anti 'three volunteer deputies which gives adequate police protection, zoning laws, during the year 1954, the.relator ?i r +a] +.F.x of $3,,is4.22, of which $24,282.05 became a part of the operating revenue and $11.50+2.17 became a part of debt service. The ,relator's tax rc)r debt se.y sea amounts to approximate- ly nr a -hall of the total tax for debt service_ the remaining, prop- erty owners paying the balance and the relator's taxes for ❑per• ating see'. e amounted to ap- proximately one-half of the total operating service. "The respondents deny that the re];+.l.or's land rse ived noth- ing is return -1 the nay of mu- nicipal benefit;_ hut saes that. all ho. rc214.0 ..s !find:: ri:eeiveA fust4 rnoe.-it MI r<c,:ip 1 benefik. as y other . E rar er:.+., within the territorial linlit4 of the town.. that it is. in its present state of ndpv 1iIt oI.i'_r.. capable of A-nd the a.rjwr; stands really, ;-killing and able to furnish addi- tional services when and if rela- tor permits. its property to he RIVIERA BEACH FLA..THURSI)AY. SEPT. 1955 6 SD_ - Lake Park Franehisoaraft Provisions Are Revealed Lake Park officials Tuesday met with Town AttorneyEdgar G. Hamilton to analyze and con- sider a draft of an ordinance 5ub- rnitted by Attorney George .Eng- lish, Ft. Lauderdale, who repre- Serith interests which are desirous of acquiring a franchise from the town for private operation of the town water supply and sewerage system. The document, which is under- going careful scrutiny and faces possible revision to in elude clauses which will fully protect the town and it-9 present and fu. titre inhabitants, provides for a 30-year franchise. An option will permit the town to purchase the system at a figure to he deter- mined by negotiation, arbitration or condemnation proceedings brought under state laws con- tained in Chapter 13, at he end of each five-year period. Initial water rates, which will remain in effect for 3 years., with- out change. are $2.50 rtiOnthlY minimum charge for quantities up to 6,000 gallons; from 6 tu 1 thousand gallons, 35 cents per thousand, gallons; 15 to 30 thou- sand gallons. 30 cents.; 30 to 60 thousand gallons, 245 cents, and from CO to /00 thouSand gallons, 20 cents per thousand gallon!. Special contract rates will be pro- vided for those who consume more than 100,000 gallons per month The charge for disposal of s.ew• age is fixed et a minimum of 32 50 per consumer. If more than 6,000 gallons of water are used monthly the charge will be $.1. If a consumer has more than one bathroom an additional 50 cent! per month will be charged "for each water closet and bath as a unit or either thereof when sep- arated," The above rates do not apply to business or commercial cutom- ers who will be required to make individual contracts for water and sewer services with the util- ity company, which will be called Palm Reach Utilities Company" a Florida corporation, The town will the charged a rate of $65 per year for each fire ceptance of the franchise by the company Which time shall not ex- ceed one year. The company will furnish and maintain at its own cost all nec- essary fittings', pipes and apph- lances, including meters and- me- ter boxes, to deliver water to the consumer's property line. The consumer at his expense will ex. tend the service on his own prem. ises to whatever points it is de-. sired. The company will buy such - present water works facilities ot the town as are "usable" at price still to be determined. The proceeds are to be used to retire existing bonds on the water sys- tem. Quality of the water is to, be "'equal or superior to the pres- ent town supply at all times" and: also must comply with minimum standards established by the, State Board of Healp The company shall have the right to purchase its water from any source and is given the right. to sell: assign or transfer the franchise and its properties. 'Ade- quate pressure will be main- tained to Yetititle inhabitants to minimum fire insurance rates." The company is given the right to restrict or regulate quantity of water used and restrict sewer service furnished "in oaRe of ne- cessity or whenever public wel. fare my require it." The com- pany may also issue regulations from tirne In time relating to the maintenance and operation of its facilities, which regulations wiii become town law by act ion of the commission. Company shall have the right to discontinue service far violation of the rules or non- payment of bills 'within 60. days after due." Another provision reads; "Any- thing to the contrary contained herein notwithstanding, the wm- pany hall be under no obligation to extend its rriainslines and appurtenances to any area of tile town developed subsequent to the date of the franchise, unless and until there shall have been filed with the company a sufficient number of applications for serv. ices by prospective customers ac. w Lake Park Franehise-Draft Provisions Are Revealed Lake Park officials Tuesday met with Town Attorney Edgar G. Hamilton to analyze and con- sider a draft of an. ordinance sub- mitted by Attorney fleorge Eng- lish, Ft. Lauderdale, who repre- oents interests which are desirous of acquiring a franchise from the town for private operation of the town water supply and sewerage system, The document, which is under- going careful scrutiny and faces possible revision to in c 1 u de clauses which w11 fully protect the town and its present and fu- ture inhabitants, provides for a 80.year franchise. An option will permit the town to purchase the system at a figure to be deter- mined by negotiation, arbitration or condemnation proceedings brought tinder state laws con- tained in Chapter 73, al the end of each five-year period Initial water rates, which win remain Iri .ffct for 3 years, with- out change, are $2.50 monthly minimum charge for quantities up to 6000 gallons; from 0 to 15 thousand gallons, 35 cents per thousan&gallons; 15 to 30 thou- sand gallons, 30 cents; 30 to 60 thousand gallons, 25 cents, and from 60 to 100 thousand gallons, 20 events per thousand gal/on!. Special contract rates will be pro- vided for those who consume more than 100.000 gallons per month. The charge for disposal cif sew- age is fixed at a minimum of $250 per consumer. Lf mire than .6,000 gallons of water are used monthly the charge will be p. • has more than one bathroom an additional 50 centm per month will be charged "for each v4tzer closet and bath as... a unit or either thereof when sep- arated," The above rates do not apply to business or commercial custom - who will be required to make individual contracts for water and .ryiees with the util- ity company, which will be called "Palm Beach Utilities Company," a Florida corporation. The town will be charged a rate of $65 per year for each fire hydrant es compensation to the company for their installation and maintenance. There will be no charge for water used in fight- ing fires. The draft is silent on water needed for other town pur- poses. A $10 deposit for both water and sewer services will be made, plus water connection charges of $25 for a 5/8-inch meter; $30 for a 3/4-inch meter. and $40 for a 1-inch meter. Special arrange- ments for larger meters will be made on an individual basis. These initial rates will be sub feet to change after 3 years. so that they 'shall at all times be reasonable subject to such ceptance of the franchise by the company which tirrie shall not ex- ceed. ()no year." The company will furnish and maintain at its own cost all nec. Pssary fiitings, pipes, and appli- ances, including Meters and- me- ter boxes, to deliver water to the consumer's property nue. Tho consumer at his expense will ex- tend the service on his own prem- ises to whatever points It Is de sired. The company will buy such present water works facilities cc‘. the town as are "usable" at price still to be determined. The proceeds are to be used to retire existing bonds on the water sys• tem. Quality of the water is to "equai or superior to the pres- , ent town supply at all times" and also must comply with minimum standards established by the ,State Board of Heat,th. The company shall have the right to purchase its water from any source and is given the right to sell, assign or transfer the franchise and Its properties. 'Ade- quate pressure will be maim tabled to "entitle inhabitants to minis fire insurance rates." The conipany is given the right to restrict Or regulate quantity of water used and restrict sewer service furnished 'in case of ne- cessity or whenever public wet- fare ma.y require it." The com- pany may also issue regulations from time to time relating to the maintenance and operation of its which regulations will become town law by action of the commission. Company shall have the right to discontinue service for violation of the rules or non- payment of bills "within 60 days after due," Another provision resrls: "Any- thing to the Contrary contained herein notwithstanding, the com- pany shall be under no obligation to extend its i-nains, lines and appurtenances to any area of the town developed subsequent to the. date of the franchise, unless and: , until there shall have been fid le, I with the company 8 sufficient; iumbei o applic_ations for serv.. ices by prospective customers ac- tually residing In said newly de. veloped area to afford the com pany, in its reasonable opinirip„; a fair and reasonable return onj its money." It Ls not clear wh effect this provision will have on. 1 the development of the town ine asrnuch as the owner of 80 per II cent of the unimproved property has not indicated that the vacant land will be placed on the mar ket. Stich provision, if not quali- fied, might have the effect of continuing to restrict the growth of Lake Park's population. The must accept the franchise within 80 days after passage of the ordinance by the commissioners, at which time II fl ron, 41•11n er WEST PALM BEACH, F'1ORTD.A, SAT RDAY MORNING, SEPTTEMBER 3, 1S55 Hearing Slated n Lake Park's Defense Move Hearing on the Torun at 7.dieiI 1'ark's tnetirrn to quash a dc._-I !solution suit brought against it ;in quo warranto proceedings by the Baum Beach Devtloproent Co. has ben set for next Thurs- day at 2:' I p.m., Town Atty. Ed- gar Hamilton revealed late Frl-I dad'. Fie said that the early hearing!ti ieh he has requester ttr1 .the ' motions to rJash, tea disetiiss and re strike cretilti not be interpreted! zo mean that • neflotiattons be-' ;ruses the LWn and the develotp- ment firm, healed by .7ohn -Mae- :Arthur, Chicago financier, have collapsed. The proposed franehisa area- 1 runit. wear 3saudad - to town cirri -iaT5 last Monday by Charles A. 1 - Ci nringr atsx, ItiiaeArt ur's local representative, and was discussers at an tnror nal session og fuel town council Wednesday night. Elwyn Middleton, who art' a%I attorney for the developmentl company in the &ju.a warranim proceedings. was notified he Hamilton of *.Le heariniz which has hen called for Thsrrsday, :42iddleicin's brief charged that the town should be dissolved or at Beast the MacArthrtr-owned nrot}ertier2 excluded frnnn the; town since it (the town) hadj failed to supply water, sewerage,) fire or polies: service, and exist eri orimaril^v for the purpose of eo»'t in ts'ces. The McArthur firm awns and r too dmately 9Q per cant of tile; nroperty within the town limits,°. the eree..er part of which is not, acces�.alaIe by paved streets and Into which there are no water or. rawer mains running. FRIDAY MORNING. SEPTEMBER 9, 1955 Judge Takes Plea Ender Advisement Town's Fate Hangs In Balance Aoi itAib to loati., di!-r.ii..is a.:(1i5 Q.6:fled by John ..1 ai.:,sirthar.;seilerces and paragraphs of .%.(ic:,- triite a .f.i" , .s•-"RILt0 Wri', order- Chi4-ag..] financier, told llic cOlICi:dletron's original Detion. iic tkrik 111:7 the "rt. 2 1 l5e Pa..lir„, lo.tirat. La tile it Essenc.:e wh...Iti aly. aovnarticiir .aexceptum to soch ..i.7- ,.. . show c1ki5e ' . ,--..7......-.:e. oti-..ne eGnmarly:S 11.!!:ls '..knalei be:iecii.,..2.5 as .:sr9.4:1:'' and. the Paint FL.. . . . - co,Itan.tairtount.to a di.-sc'...21:.Gn: 01 the:cpia:CCi:: 5.'elliCil '...{+:.'1? used fru-, •siimitd. iv.). ...:. , • ...1-..MillititjiCipAI:tv, ailLemiy:n ..,ach a di:-:-;queliciy ir the pe;LI.ion. . the town L. . ..-.. ..„. , ,...:leri.9o1Wion 11,d.S lla, S011,:iit ill the! 111.,..el, Wili..E. bre1E2gL1E a lat. advisemen:. . ;TALI „. it di; cLill:1 Of Qomplaint. liro7ii sJ&:..A:.13..-r, ili230.11.q W h 0 M. .,; jo,ephS, IV . 7'ile Thi,....tsay. ! Edgar Erinalltarl, 111.T2i-lig er,..Ftne i-Tharict, A. Cunningham. toki :he concr 1.7:ii.tk•-•.icel for.the town. Ri-c Arl.hu'.s. local representative, • . tb,..,. t1e,,,e1.3p,-- ... Curupan2; wbichi Ihe to`0:11 :R."-S CtiarterErl JL:,' all a..71:1 frVd.inutta I 1`,.KF. 12, till. 3.1 '- -- •— • ' — ------: of Lefislanire, he did riot bell:_eve'.7--- - , ._.________.... ---nat it was within L1te autliari7y teiI TIF was at this point that ,Tudpe fc(.7,rinflpa trim rm...e line) i.l. he rcuit owl t toabolish 1- '..Vi-dic potatcLU), asked :..,TiO.dlet;I:. 1 11 if. t!:ial., was :::he aitn it h:s at.tlue OWB s ate •IT-e AN'S assured that P. wal.; nat. 1i73. it tHiCil illfhititetien 4.M: ttl,' :7.1RJ members of the 'Lake 1' hut requested of the ,..:0:11.t "oiQ. 11;i0,7tEr and give tny client SomF: 1.r....r Council. when he t , " i',..1(11..P1311 tha.t the tv.:Q -......'.i y: Ld Ili eottit tha7." he he alh1.we.,, E•I'P "'relAiVe" and ulDt spk:u1.1:. ., -Viitat is 'Srfuill' CO. uric En.:rii hi. a 7..!....1L'.; .1Z,26v1I Att!!. illeLaitoil then i.; ihe '...udge c-hiiti :.id r:of :ice ri- .,.:. °midi!: lie big ta arlOThea u, 1'! il. Wat s '.atquaked' 4.:ause:, to reee.aiori,L' er,a_:2•:'. ,.7. rim rniJht he rno<IFirrt to an eider' Ilinn-_ , 92a:ill the ,......ir 0:, di.:,:,11.!..F :.':' udgment itli 'the Li...'-...-47ion. T h E:' 111e iudge. iin remarks to. th ki. _,. ..,:file : i "flicitlian-far a *.iimiria.r7- .._ t•'-':i , .reciue-it wag denied. .11.:peling littarnElOS. ..1.i.EI Rot in - ':'' -, -''•-rl-," ' Pollawing the deial Haniilto... asmuach as the PeTitionors wLrei F.- .-.I.F.971,2r1 to areIve motion t., ,not shiug eci sp.y.caliv 101' 1 h e, . . Lertain .6....Y.ds. phrases .-.1',isolution c,f the. to.,vo but re-; _ • , . !Itesting, -reliel" that ire belie.yeil:. tileri 111 cnn had jii..-Adiction.: gai.,e no indicalion.,hl}W 'ever whet] he rffi11.1. rate on the I! a lonaiiJ. "sEi - :92.11-7 L iii.C11 i-i-iLj1 b:V•re'. 1.11:!•W.Tr; . - • THE PALM BEACH TIMES, Sat,trday, Sapf, 10,, 1 •iS5 known as *nrth >f a m—Fiesa �i it was intimated al the con- ference that the .urea would Even- tually lae incorporated. Rob RGS3 is scheduled t& leave tnitgy for Washington i where he " iL confer with Mn95 rpn the fin- ished plans for the development of the 3,0acres which lie immedi- ately to the north of Lake park. Sewage,Water Work Is Begun At Lake Park Foreslaadowi a final 'break- down in ^epftiatlons for a fan- se to serve the Town of Take ark, thE Reesa Bros. Con str°ae- ltiQn Co. last night revealed that coastruc.ioR of a v.:300,i a water 'and, sewerage system had started finny fi _noon_ The plant wtll Ibe located wrthiu a block north inf the gcwta limits: aid aidjacec= .rn the ITC Railroad tracks.. linultaneousiy, •Charles. A. Cun- ningham, representative of Jo •r rvlacArihur, Chicago financier and .i3wuer or h per cent of the praip- ery within; the town of Lake Park and or several thousand acres lying immediateiv to the north or the fawn, declared that "the deve1 p- mscnt of the north end of the efrIKI .ean'i busier be retarded because of sefi±h interests•" Bob Fto35, speaking far the €:on- strUctio? Firm, said that while the new water and sewerage facility is .designers to aecoMmodate $ mini- :ntrrrn of 3,4 homes; it had not t9ken fats consideration supsl$. :it_ag.', ater and sewerage service to present air prospective residents of L9ke Park. "i4-e have held off starting on the project for several weeks now in ,he hopes that the MacArthur in- terests and the town would get tr ether an a franchise• but we l can Fait no hinter," said floss - "We hope to start building the first or L,DOD homes whieh we plan by the first of the year und w°e must have the water and sewer systems so far advanced at that time that we can' be - ifs immedi- ately," he added - Asked whether there might still be a possibility of the new punt serving Lake Park if the town commission approves the franchise agreetent as proposed by Cum. ungham, which was handed to the eke Park officials a week ago 41.st Mondays, Ross said: ""There is still time for seffi- lei t altera`loas, but they roust e designed at once and not ser-er- f naontlrs distant." Cunningham Said that initial fie. gotiations with Lake Park oiffi- ciais were started last dune, "We are still hoping that some- thing to the mutual benefit of aI1 concerned can he worked out, but we can't continue to tape forever, particularly when. the deveioprnent ni one of the choicest sectors of Palm {teach County is involved. At the same conference, the Ross brothers said that they had re- tzined the services of Seward Mott, planning authority and a forme: head of the Federal housing Au- thority Land Planning Division, to rreap the eomn unity to the north of Luke Park, which vrindd he RIV')EJLA BAcli, FLA., !-HI`I{SU \Y. SEPT, 1.5, 1 L55 Lake Park it; iN es Study To Proposal SATURDAY MbiiN } • . '1r SEPTE ER 17d 1S55 Lake Park official.- last night were continuing their :tuft' and i ._ t— . analysis of the lengthy oral-.1na r Hance submitted by the Paltry •l I pp Beach Utilities. Company which, x .4 f passed, wank! give that corpor- ation an exclusive franchise to p operate the water and sewer + �, :systems within the town. A on. i Jecor ferenc9 between town represent-; atives and the engineers of the I ,� :private utility company ivas held qq� • • on Monday.i [1 t 1 r i i Town officials and officers of 1 the Pala! Eieaell Development Company are awaiting a ruling fraom Judge Joseph While who heard a,rguttnernts of attorneys in" company's gti0 warranto suit against the sown" • Town Attorney Edgar C. Ham- ' ilton presented the town's argu. merits in support. of motions to quash and dismiss the emit. Mr. Hamilton[ also asked the court to strike from t h e Development Company action certain prov-i• sons which were termed "re, dur-dart, ir-nrniateria1, impertinent, scarjdalous a r, d speculative." Elwyn Middleton, attorney for the company, opposed the ono-'• t.ions, At One point during the pro- ceeding which lasted about an hour last Thursday aftiNcnoon, Judge White said he knew of no precedent where a court granted j a dissolution of a t Own under • circumstanced that exist in the 'Lake Park case- He then asked Mr- Middleton if he knew of any such court proceedings. Mr. Mid- dleton replied that the suit .did root see;; a dissolution• of the ttiwn and was asking only a '• deterrninatton of the town legal existence and the exclusion of the development company's prop-. - erty from the town. Mr. Middle- ton added, however. that if the prayer Cif the suit wa . granted it mighthave the sabre effect as a dissolution, however., Mr. Hamilton eit"ed a number of previous (...iur't opinions which have established the fare that fixing the boundaries of a lawn is a legislative art, not one for the courts to der.ermine. 41r•, Hamilton said that the town may desire to file a motion for a "II summary judgerxxent w is i c h i would be supported by affi• davits. PARR' — N,egotiationsh.- tween town commissioners and the ).'-a•...11rthur interests on the arn- pn ed Water and se' erage {r`:n- chase took a turn for the better Fridav as agreements 'were- reach• ecl on a majority of points in ques,' tin• The meeting was held sir the of.' 'frees of TOINn Atty. Edgar Bannil-. . Lun between the t arnintssinn and stare eutat.ives of the John D- •Nlac rthur interests, ?MacArthur, owner of about 8t• per cent of Lake Park, made the franchi.se proposal throages,Charle;- A- Camiringham,, his personal rep- resentative, several days ago.. Mayor Frenerirk Freud, reT"on't trig nn Friday 's ri_-etit-E.g - Of t;ee .5 or mare changes which the enrrimissiocners desired, approx. 1uiately 18 were agreed upon,'• The retuaining points are tc, be worked out by tile _respective eng- ineers, Freed said, opining k4t the .final draft unpld be ready SE• "'about 10 days nr toga week ." The points cleared up at Fritlay's- meeting. he Said, were mainly con; netted with me disposition iif the! existing tr.wn water system, The. MacArthur interests have an-, LOu77eed that eGnstnittion iS ue. derwey oa a 51.700:000 water and pseuerage planet to the north of me tuwrn proper. Fred slid that the • proposed. • fraiiehi a might possible ['r,me nr for diti[ i:lsior at. anal 'c-Tmaday' . regular meeitrig. but. that the ee.n- •1nIeeinn wGu1dd wait for the final draft befohe-holpling an open Liver ing on toe s.utb,Feci., Any franchise agreement, Freed said, would be suhjeet to a '-peter, endiurt vote of freeholders, Cunningham and George Eng- lish, MaeAn"tl,ur-s attorney" froisi FL Lauderdale, represented the; Chicago financier at Pr day'a meeting. ' I MONDAY AFTERNOON, SEPTEMBER 19, 19E5 Lake, Park Wins Round in Court On Dissolution . : The Town ' :first round of Thu in wn's oLetion of hollugs in th of Lake 1337k this morning came out as winner in its litigations with Palm Beach 'Development Co. motion to quash quo wai-reoto , proceedings for the the town, or the withdrawal. of Jahn_MacArthitr's e corporate limits, wt g-f!anted by Cirbint Judge S. White. He granted the 1..Pia.for 10 days in which to amend ir..2 petition, and an. additionar 10 days fur the town to file its aft - to the amended petitiOn- "This court is wi thou r the elu.- .c.orfly to disgetve the town of •:.ake Park," 1:;.-clge White wrote .-i his dcidgiott. "Relator may be entitled to! !have some De the Lands removed' rtherefrotn, but, to sueceedhi thisd relator must show that Ds lands] ' are termite from municipal sci-J- ;:i..es and not susceptible of belie - :its ecual eDITItY101155.1rate with other 'lands In the nt.micipalitY.." petition makes to saeh showing,'' The decision. came only thoee days after a virtual agree -If -tent, was reacleri between. the Mac -- Arthur interesta and oi'ficials the town on a franehise witereby iCeaturturel PH.01%. (41, 35 .01555151ated tenni P4t4- Owe' Lake Park Wins ?aim Beach Development Co. would orovide s:k:steirt mid Sattt4a17 diS5a0sai. S'S stern fur the -entire trham, Juttse White. in haDdIng do\ku his deeition: refused to reveal. whether the f:-artelnEe agreament. id any bear'2.e upon his artier,' ark .CtunninOiani. epii alive for MacArthur. }!:•.tiiiar night tbaT in the ilav- GLig franotiRe neg,otiations w5ih .fyta officials the litigation ...vas Tieriticffiell. He added be had nc. .Gea whether the boot action' would . be continued or dropped at' this time. The Lake Park. Tov.n Council it scheduled to meet 1uesda2; niglir at which lime it is helie%-ebi the f anc.t.ti se agreement will. 'of! consummated. Mayor .Frederic 'Freed .F-aid Fii3night that 0011. tooF.L. minor details remain to lw ironed out Cuniaingham. a! the , same time. Said that 2ft ob:',ections to The original franchise pi•oprbiai• 'had been met M.! the de.:einomenT. • :firm. TUESDAY MORNING, SEPTEMBER 2l , 1955 Progress aired In Lake Park's Franchise 'folks LAKE PARK — x i c 'or. Freder- ick Freed made a eautinr<4 re- port no the progress cif franchise uegotialinnq with the Akiii.eArthur interims Monday night. at„ TcWn Cryglmiszios3 meeting �tr 'Palrsa Beach junior C=a.lege Audi- torium. Despite an {}$S„7tu h:rof op-.. tlar,icln, 7iayar reed remarked. t6_at. 'here rpria ]] to be di :n3ert se"era not altogether '..rdhor'point; in the a]rapasal as 'are- e-'ed by repreae i tives of :Tohn Chicago fin- r.{. ler, IL .I1hui' tn most eel tt a uncle..'eloped lardq and nr.t'`.` at Lake Park c irlier tins Sur!!`ier. The To',tin. is 'r:,p",-enr y consid- ering a proposal. by the MacAr- thur ini elesis To :5uppi:i. the town xf.`7;•`, tr vieter and' a. sewerage E.45- tent on a funerals basis Mayor Freed concluded n4 stating that enetne<.. =epresent- 'ina Muth t'c:e town and the :yrme- 4rthul' int.ere!ts are ,or'ktng over the points in questid that another meeting n .s';ee the groups would be held in abu]lt Rxtia xvee%K. The kina;var as pre ious3F 9tatert:thas as .qc-- as al,. details L mHmieit rvn Foxe ea. 1` v. (rron113lgrd !ion, Yale oipe1 Franchise Talks ▪ the ft`a:ac'ilise plan are a reed ..pnn' a public t eetirtk w.f. be hel' and n JetereF.1thrn. 81eecti''rn; e a:l.ed rn deiermMe pu111ie opin-, inn on the prgposai, the a short routine me.eRing. !�}1.1Pni 431,n a3so: Appoiniod V Story try the ,Re.uure s3eelop-net:04 Board succeeding hfartin FrhelatL whale te.ni expires (IPA. 1. Voted to ir-v..est. Sr12.000 ir+ sur-. 4, phis funds from -the Water Dept a;nking fund in Geries .1 gOvert- ment ltnricL . Comparison Of Water Rates OF RIVIERA, * Charles Cunningham, president of the Falrn Beau Develop- ment Company, Inc., whose suit for the dissolution of Lake Park is now pending -in the Circuit, Court, has pointed out that the proposed rates for water service, contained in. a draft of a franc1r submitted to Lake Park officials. under which these utilities would he provided by ari•ivate coinpanv, are substantially less than those now ch..arged Dy Riviera Beach. Mr. Cunningham, in comparing the rates, indicated the amount charged for Ei,000 _a11ons of water under the proposed. schedule would he 14 per cci.s less tan that charged by Riviera Beach; that the amount for 10,000 .gallons would 1?e 16 per cent legs,- and that for 22000 000 it would be 21 per cent less. So that the public may compare the different charges, we prepared a _table. giving the present water service charges in Lake Park and Riviera Beach, .bath municipally operated, and. in West Palm Beach, which is a private utility, under c.Grithact of sale to the City of West Palm Preach, as well as the rates proposed by Mr_ Ci n ningh ani. Lake Park Lake Park - West (Pr'eese'nt (ProposedPa}]rrt EtiBcvierach Rate) Rate:, Beach ax. 6.O00 gals.-- - - .3.5 $2.50 $2.43 $2_90 10,000 gals.— - - 2.75 3.90 3.55 4.50 22,000 gals, - 3,955 7.75 6.91 So that an analysis may he made fairly, we inquired of the Biviera Beach water coiimlissioneer about the operations since" the 95,000 bond issue was floated four years ago when extensive improvements and enlargement of the water 57,.15terrt .was under- taken. We were advised that after interest payments were made on, all outstanding bonds and after two trucks were purchased, a new garage built, additional land needed was purchased, 44,000 worth of water mains extended and paid for and all operating and maintenance charges were paid in full, a total of approximately $87,000 "profit" remained,, in four years of operation, which is now an deposit in reserve funds, available for use in paying off the bonds which will mature in 26 years. Biviera town officials are now studying a plan, which they hope will be approved by the bond holders, for a reduction .of - water rates in the near future. . As time ,toes on and more customers are a.clded and the reserve fund continues to grow in size, further rate reducti:oiis may be expected by -the users of Riviera "leach water. Finally, when the bonds are paid in full and the town awns a debt -free, water system, Riviera Beach may have the distinction of having, the lowest water rates in this vicinity, with the possible exception of West Palm Beach, which city, after a quarter of a century of private operation, is now about to swing to public ownership of the water system. The Press would like to inject several other thoughts into the present ddliberaticins concerning ells vital public • issue. One is the provision in the proposed franchise "the quality of water is to be equal or superior to the present town supple.'. This is an ambiguous phrase and could -lead to•ftature controversy unless some yardstick is added for having the issue determined. Would fluoridation of the water _supply male• it su erior? Some may say yes; otb.ers would say nu. At present there is mounting opposition to a program under ctmsideration by the State Board of Health for 'adding fluorine to water supplies as a means of reducing cavities in teeth_ particularly in children. Wherever this program has been attempted a prolonged dis- pute has resulted. Some reputable physicians contend that con- tinued use of fluorinated water has caused serious illness MI orne individuals_ Health authorities claim there is .no danger, Certainly, persons with artificial teeth eaii expect to receive no befit frog+ drinking fluorinated water. Why should they be compelled to drink water treated with a dnig that could be. hf�il in their particular case? .Any parent who believes that fluorine is good for their children and will reduce tooth decay can secure it from a druggist or have it applied under a dentist's direction. If it is proper to add fluorine to'our drinking water so that it •inay henefit about 15 per cent of our copulation why not add PALM BEACH SHORES * LAI Riviera Beach Tess Vol. 10 — o. 36 RIV'IER i BEACH, FT A... THIURSDAY. COURT PEERS P fi NT1 Clerk of Court T. Alex Arnette has informed the Fre?g that the rxaiAing trwticams to wash ;and dtcrrriss wad the return in the suit by Palm Beach Development Co., Inc, atnst Lake Park,, ,eking disolution. of the town, were found in another folder, hn.prop- • erly indexed under the wrong suit. A deputy clerk advised. this newspaper last week that the pleadings, which were filed bar Town Attorney Edgar G. Rama - tun before the answer clan ell 'September 29. could not be lo- cated. Following publication of the report, a searrch, iaxtituted by the (Jerk of the circuit court. re- vealed the 'Sneer in indexing and filing, The emotions are set for hear- ing this afternoon by Tudge Joseph WW'hite. INIFI11Pli ow 13eg. a€ .. era= . Beark tomtit die ammenst fur 104111ri gallons woTd Se 16 per tent - amid that for ?"' flOO it would be 21 per cent less. Sri that the public may spare the different charges, we prepared a _table giving the present water service charges in Lake Park and Riviera Beach, bath municipally operated and m Vie'est Palma Beads., which is a private utility, kinder contlract.of - voi sale to the City of West palms Beach, as well as the rates proposed by Mr, Cunningham: Lake Park Lake Park West 'Present (Frop.o d Palm Riviera R.at:e? Rate) Beach • Reach 6,000 gals.- - - 32.35 $2.50 82.43 $ .9fi 3.17,E galls. - - - 2.75 3.90 3.55 . d, ,. 242,,0if10 gals. - - _. 3.95 7,75 6.911 9.30 So that an analy,sis may he 'made fairly, we inquired of the Riviera Beach water commissioner about the operations since the $995,0 0 bond issue was floated four years ago when extensive improvements and enlarggenient of the water system was under- taken. We were advised that after interest payments were made on ail outstanding bonds and after two trucks were purchased, a new garage built, additional land needed was purchased, $44,0 1)0 worth of water mains extended and paid for and all operating and ma nteriance charges were paid in full, a total of approximately $87,000 "profit" remained_, in four years of operation, which 'is now on deposit in -reserve funds, available for use in paying off 1.:, the bonds which will mature in 26 Fears. Riviera town officials are riow studying a plan, which they t. hope will be approved b the bond holders, for a reduction.of crf water rates in the near future. As tioic goes on and more customer; are added and theL reserve fund continues to grow in size_ further rate reductions may be expected by the misers of Riviera Brno water. Finally^, when the bonds are paid in full and the town owns a debt -free! water system, Riviera. Beach may have the distinction of having!. the lowest water rates in this vicinity, with -the possible exception' of West Palm Beach, which city, after a quarter of a ecntkirr of private operation, is now about to swing to public ownership of t.... the water system. The Press would like to inject several other thoughts into i;. the present deliberrtieris concerning this vital public - issue_ One is the provision in the proposed franchise "the quality of water is to be equal or superior to the present town supply.'_ This is an arribtguous phrase and could•lead to -f ture controvtrst- stemless some yardstick is added for having the issue determines]. Would fluoridation ref the water supply Make- it superior" Some may say yes; others would say no. At present there is mounting opposition to a program under consideration by the .State Board of Health for adding fluorine to water supplies as a means of reducing cavities in teeth, particularly in children. Wherever this program has been attempted a prolonged dis- pute has resulted. Some reputable physicians contend that eon-.. tinned use of fluorinated water has caused seripkrs illness in sonic individnelk. Health authorities claim there is no clanger. 1Certainly, persons with artificial teeth can expect to receive no benefit from drinking fluorinated water. Why should they he compelled to drink water treated with a drug that could be harmful in their particular case? Any parent who believes that fluorine is good for their children and will reduce tooth decay can secure it from a druggist or have it applied under a dentist's direction_ If it is proper to :add fluorine to our drinking; water so that it -may benefit about 15 per cent of our population, why not add aspirin and broino seltzer also because some people wake up" with a hangover some mornings if a private franchise is entered into there should be some provision clarifying the 'equal quality" pro -vision and a safeguard about the addition.of chemicals for those who will consume the uct. ri VnIM lf1—No. 36 RIVIERA BEACH, >a L_A., THURSDAY, COURT p:'iFER$ FOUND Clerk of Court J. 'ilex Airnet e has Informed the Press that the missing motions to quit h iuid il1smi$s and. the return in the Suit hy Palau Reach Developrrlent Inc. against Lake Park, seeking dissolution of the town, were pound in another fodder, irnprop' er3y indexed under the. wrong snit. A deputy cleric advised this newspaper last week that the pleadings, which were filets by Town Attorney »1g r G. Hamil- ton before the answer day tilt September 29, srxuld not be lo- Fvllowing publication of the report, a srv4LFeh Instituted txy the clerk of the circuit co. trt, re- vealed the error in indexing and fRing. The motions are set for heAx- Wig this afternoon by Jud { Joseph White. I THUR DAY MOANING, SErrEN1351 8r 1955 Test Slated Todaj In Lake Park hassle lid aoyerih 5'. White at 2:30 p.rn. today will hear mot. to quaso. di_.niss and motions to sir'i:ke the r1i 0V.riikn tug flied by The Pam Beach 1)ec,eloptneait CO. against the Toni]. Oaf Lake Park. 11eenuhtsie "Pla_vtr•Fredertck Freed of Lake dark said that- liege; ie- ,_ :. ...... ..••- tiryns between officials of the town-, iCr,ornnie,d Fr@rn fore 1) Test Slated kert rur the hearing the rre•=,:aa!inns still are. In prog Tess, g3 im.t nilght that theC4 •-.Yion. a:; n be t•[b g'au the Status''. the !elks. ' - Mayo: kreed said Tuesday uiaht i ilia[. the next men:iag of the TOVe t.1. Counnil would nOt •be 1. ]tl alnFjl -reek. trr}ril next: Pelcnclay, Sept. ;9 ,revioruly it hid been intitnatet1 k the mayur that the two aides] .::ere very nearly: together mi the frar!4hiSe, bur two days later tile: .uW1 rrttoriJ-.y asked for the ra ,y'' _searing on the mutsclis to q.:arsn, iSsTniss and strike, :and taar1en A. 4_u>lningharn,. Jnr.eL i repreFentatave .7i Jc'!m iec.rtirur, l iaicago kanatleier and owner of Lim Fdeveloprnent enmpanv, on ':rater l: '..and seer nchi, e still u ire ga- . 7R Ora, • `_'he develo,?rnent firm bdo.:_l:. :the netion ta. dissolve the t I3un:=iiiD. or to alleast rl lthdra'. i its prop-. erties from like t vti !iti'rlt3, £uo r' than .a mends arro after negotiations b t'. -ech. 113e two J}':'`._'- raPals over the pura-lisse of the pre?ertt town water it,01.1-A cnllr7 .. erl. to -sss CJaitr prm er1:: `s filed by Att.y. F xbyn Middleton, 3:t: Afae_hrt:scar i:iterrst,=. s.nntenderl ?jId the- to',tx: r;,ilts] to e' iSt as up:: iv.. a;Inneh nts it. had failed la prc.:r r water. se'r:er, DrTLee and fire tertion service to its pi'ufaer.,e_. xitthi.n the town. ltiiiitti. Toe com- pany fu:-ther alleged that the er;asted for the axle pxarpnse og callettin taxea t'or services not! reodere i, '1 ae Palma Beath Development: -Co- e'ain1 to mt.w'ai gt,} per cent of the Vacant property tin the iota]._ • plus 3,013 area to, the north of the town xx=hieh it intends to develop as Linn as the question cd water and 'Fewer Facilities can he settled. I T'riv:n . Clp' fl-dgaur R infitnn, t' ho ra hFIinii.rol nm. Fi35FA II). t-r,F. 1.1 .