1972-15 Oppositiong to Disenfranchisement of a Part of NPBRESOLUTION N0. 15-72
A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH,
FLORIDA, EXPRESSING THE TOTAL OPPOSITION OF THE RESIDENTS AND CITIZENS
OF NORT}{ PALM BEAC}{ TO THE PROPOSED DISENFRANCHISEMENT OF NORTH PALM
BEACH OVER AN INTEGRAL AND ORIGINAL AREA OF ITS VILLAGE, AND REQUESTING
T}IE PAIh7 BEACH COUNTY DELEGATION TO THE 1972 LEGISLATURE AND ALL OTHER
RF,SPONSIBLE PUBLIC OFFICIALS AND CITIZENS TO OPPOSE SUCH A MOVE.
BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PAIM BEACH,
]'LORI DA
Section 1. The following statements are factual and true:
A. Since its inception as a municipality under the laws of
the State of Florida lands owned by Bankers Life & Casualty Company
bounded by the eastern shore of Lake Worth and the Atlantic Ocean have
always been an integral and prominent part of the Village of North Palm
Beach.
B. On February 9, 1960 Bankers sought to remove such lands
' from the Village by court suit, but the Honorable James R. Knott, Circuit
Judge of Palm Beach County, found "that the Village of North Palm Beach
and its officials are lawfully exercising the functions and franchises
of a municipal corporation over the lands in the Village owned by Bankers
},ife & Casualty Company; that Bankers through its officials, participated
i.n the creation of the Village, in the management of its governmental
affairs and has, from time to time, utilized knowingly the municipal
services and functions of the Village" and therefore denied Bankers
attempt to destroy Village sovereignty over this land.
C. In 1969 Bankers sued in Federal Court seeking not to pay
its proper taxes to the Village on the land in question. This attempt
also ended completely adverse to Bankers.
D. Bankers has sought to fill submerged land surrounding the
property described above - which has been universally opposed by the
United States of America, the Board of Trustees of the Internal Improvement
Trust Fund of the State of Florida, and the Village of North Palm Beach,
and t}ie case is still before the United States Court of Appeals.
E. The proposed filling of submerged land by Bankers has been
officially condemned by the Interagency Advisory Committee on Submerged
band Management of the Trustees of the Internal Improvement Trust Fund
as follows:
' 'Recognizing that the shorelines and submerged
lands around Munyon and Little Munyon islands
and vicinity represent the last significant
vestiges of natural aquatic habitats and open-
water recreation areas in Lake Worth, the
Committee recommends that the bulkhead lines
in this vicinity be relocated to the line of
mean high water. Narrow, elongated parcels of
submerged land sold by the Trustees of the
Internal Improvement Fund would be excluded as
potential fill areas by such a bulkhead line
relocation in the cove area southeasterly from
Munyon Island along the eastern shoreline of
Lake Worth."
F. The Florida State Board of Conservation has officially
and strongly opposed such filling.
G. The Trustees of the Internal Improvement Trust Fund and
the State Board of Health have opposed the dumping of trash and garbage
on t}ie property in question by the Colonnades Hotel and other MacArthur
interests.
H. The Village of North Palm Beach has spent thousands of
dollars in serving and preparing to serve this land.
I. Ad Valorem Bonds to which tax revenues from these lands
are pledged are currently outstanding.
J. The Village has unanimously and always supported use of this
land by the State or Palm Beach County as a public park.
K. No valid reason has been given to disenfranchise municipal
control over this property other than unsubstantiated and false accusations
and innuendoes of the President of Bankers that the Village is opposed
to the public good, in an attempt to destroy local public control over
hi.s plans to destroy Lake Worth by filling in submerged land owned by the
State of Florida.
Section 2. Having failed in the State courts; having failed
in the Federal Courts; having failed in local government channels; having
no legal, moral or legitimate or true reason set forth to plunder Lake
Worth and destroy the sovereignty of the Village of North Palm Beach --
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Jo}rn MacArthur has secretly sought to disenfranchise local and legal
control over Bankers' lands for the obvious reason of filling in sub-
merged land next to them without valid and necessary opposition.
Section 3. The continuing and false statements that North Palm
Beach opposes or wants to dictate the terms of a lease on these lands
for a State Park is an obvious subterfuge to divert public attention
from his desire to fill and kill Lake Worth without opposition. No
official of Palm Beach County or the State of Florida can truthfully
claim arry interference from the Village with public or secret negotiations
i'or a public park.
Section 4. The unprecedented and reprehensible prospect of
powerful developers attempting to manipulate the Legislature of the
State of Florida to split apart an integral and original part of a city
without regard to the citizens of the city and with only the unsubstantiated
word of one who would benefit therefrom at public expense is to be con-
denu~ed.
' Section 5. The members of the Florida Legislature representing
Palm Beac}r County and all members of the Legislature are earnestly and
strongly urged not to entertain or pass legislation destroying part of
a rnuni.cipality without reason, without public debate or public hearings,
wit}rout referendum by the people of the city and without justice and
public regard. The Legislature is requested to uphold the Courts and the
people in protecting the public interest and keeping all the land in
c~restion in North Palm Beach.
In doing so, the Village Council of North Palm Beach pledges
its continued support for a State Park on this land, including whatever
action is needed to properly zone and service the property - so long as
the illegal filling of Lake Worth is not a condition precedent.
' Section 6. The Village Clerk is directed to send copies of
t}ris Resolution to Governor Reubin Askew, to each member of the Trustees
of the Internal Improvement Trust Fund, to the Chairman and members of
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the Palm Beach County Commission, to the members of the 1972 Florida
Legislature from Palm Beach County, and to the public media seeking their
help to conserve our natural resources in Lake Worth and to create a
State or County Park on the oceanfront of North Palm Beach.
' PASSED AND ADOPTED THIS ~4 DAY OF APRIL, 1972.
/s/ H. Mallory Privett, Jr.
MAYOR
ATTEST:
/s/ llolores R. Walker
Village Clerk
J
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