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Minutes 03-01-48MINUTEs OF REGULAR MEETING OF THE CITY COUNCIL OF THE CITY DF BOYNTON BEACH, FLORIDA, HELD AT THE CZTY HALL ON ~PiE 1st D~Y OF MARCH, 19~8, The City Council convened at a regular meeting at the City Hall, on March l, 1958, at 7:30 P.M. Councilmen present were: Mr. B. V. Tattersail, Mayor Mr. Ralph Ross Mr. W. T. Wootbright Mr. Clarence Benson read Absent: Mr. F. L. Purinton The meeting was called to order by Mayor Tattersall. Minutes of the meeting of February 16, 19~8, were and approved. Bid of Horton & Shramko, Boynton Beach, Florida, to repair the grand stand at Pence Park was read as follows: "Square %o building. Replace defective 2x$, 2xlO, 2x6, lx6, and $x$ Replace and add I bolt each holddown post, 26 bolts, 1/2 x 12, total Replace 9 squares green slate roofing Patch and secure wire-to post in front of stand Build new steps and platforms. Total price: $370.00" ~ This was the only bid received. Motion was made by Mr. Wool- bright, seconded by Mr. Ross to accept this bid, if the work can be finished in 15 days. Motion carried. The following bids were received to complete electrical wiring in the new pump house~ in accordance wi~h plans and specifications published in the Boynton Beach News: C. W. Hill Electric Company, Delray Beach, Fla. - $~62.2~ Boynton Beach Electric Shop~ Bo~nton Beach, Fla.- 390.57 Motion was made by Mr. Woolbright, seconded by Mr. Ross, that the bid of the Boynton Beach Electric Company be accepted, and the work started at once. Motion carried-unaminously. Mr. Tattersall'read a letter from Mr. Godfrey Priester, 296 Hibiscus Ave., Palm Beach, Fla., stating Mr. Priester now owns 52 lots in C. ~. Copp,s Addition, and has the F.H.A.'s approval to build a 50' street from Lake Ave. to Leone St., to open up a new street thru this subdivision. -He requested abatment of all delinquent taxes to date on 17 lots recently purchased as s c~ntribution by the Town towards expenses in- yolked in building the proposed street. Estimated-cost will be between $3,000 and $3,~00. -2- Motion was made BY Mr. Mr. Priester's letter such time as the work ously carried. Woolbright~ seconded be tabled for further is actually com?ieted. by Mr. Ross: that consideration until Motion was unamin- The following bills were read and aooroved for e ~- _ paymn~. Forney Horton Inlet Village Restaurant H. D. Stevens John Raulerson Claude L. McCoy Frank W. Cline N. 0. Marshall 0. S. Heaton B. V. Tattersall F. L. Purinton Clarence Benson Ralph Ross W. T. Woo!bright C~har!es p. Tatum Dorothy Williams Eugene Smith Eva A. Somerville Nathan Collins George Asbell W. C. Green Mrs. Melva Gartin Wm. S. Badksdale John Raulerson (Dec) Arthur Cbok ,, Ruth Hughes - George Seegitz Rhoda M. Gardner Beatrice C. Hofgasrd N. 0. Marshall (Dec) A. C, Carver , O. S. Heaton Frank N. Ctine ,, Holland T. May ,, Nathan Collins - Claude L. McCoy B. V. Tattersall - Clarence Benson ,, F. L. Purinton Dorothy V. Willimms Arthur Cook (B.B.F.D.)- Evelyn Tregenza ,, Cocanut Grove Bertha E. Cormack Mrs. Eliida Loren Claude Ross (B.B.F.D.) George Asbill General Fund 24.20 ~ 15'o. ffo-~ 5~0.00~ 225. O0 ~ 200. O0 ~ 100;00~% 5~0; o0~ ~Q; oo~ ~0.00~ ?. O. 00~ 250.00~ 170. O0 '~ 150. O0 ~ 1~9. O0 ~ !O. OO' !!.2~ .37~ · O9~ 300.00 8o. oo !0.00 .OF~ .37~ 200.00 2FO.O0 100o00 22g.00 275.00 !0.00 Fo. oo ffo.oo 50.00 5o.oo 14F. O0 31..o0 76.7? .16 .12 .06~ 25.00 % 200. OO -3- General Fund Morrow & Fulton .!7 Mrs. S. S. Myers 8.93 Thelma Plant .06 Willie Simmons Dec, Jan, Feb 79.98~ Clarence Kitchen " " " 149.40~ Horace Kitchen " ~' " !85.40~ James Aiken " '~ " 260.25~ Willie Walker " " " 92.70 Parker Ward " " " 322.69 ~eUgene Midd!ebroo~ " " 209.03~ ff Millines " " " ~00.00~ Lee Oliver " ~ 53.38 Leonard Harris " " 316. Lee Thomas " " " 323.7~ John Tanner " " ~65. O0 Petty Cash Refund " " 92.08' Frsnk C!ine February 61 ~ 16 Southern Bell Tel & Tel " R. D. Wood Co, " 32~.0i Davis Meter Repair Co. 0. C. Whipper " 60.79 Himes & Himes " 332.0~ C~meron & Barkiey Marty's Service Station " 9~.00~ Crane Co. ,, P au1 Mercer " 130.73 Dr. N. M. Weems ,, 14.00~ Hood Auto ~ 16.20 Ross Garage " 21. Chase National Bank " 33.65~ F.E.C. Railway " i. 00~ Shaw Brothers " 199. I0~ LsZ~e Worth Herald Press " 87.2~ MacLaren Sign " 22.50~ McDonald Electric " 4.6~ Florida Power & Light ,, 150.88~ E. C. Hilker~ Inc. - Austin Supply Co. " i!. 41 Boynton Beach Electric Co. " 100.80 Mack International Motor Corp." 9.80 Menoher & Myers " 149.30% Miami Uniforms " 29. ~0% Water A/q 42.00~ ~7.~o~ 2.00~ 39,00~ 39.00~ 82.25 3.02 2.02 1i.60~ 22.00% 2.48 129.3¥ 16.75~ Total: $8~321.!0 $953.38 The statement of bank belances as of February 28~ 1948, was read as follows: General Fund Interest & Si~king Fund Water Accoumt i¥,33~.34 1~226.9! Motion was made by Mr. Woolbright~ seconded by Mr. Ross~ that a Water ~nterest & Sinking Fund account be Ooened to meet interest and payments due o~the $60,0G0 bond issue for the new water plant. All water department receipts for the month of March will be deposited in this account, and hereafter $$00. per month of the water recelots. Motion was unaminously carried. Motion was made ~y~r. Ross, seconded by Mr. Benson, and u~aminously carried, to transfer $3,789~00 from the Interest and Sinking Fund Account to the Chase National Bank~ New York City, to meet payment of-the interest coupons due on the Refunding Bor~ Issue of October l, 19~6. A ~tt~r w~s rea~ from .Mrs. Lila p. Newlan~ Bo~y~_ton B~ach~--~ ~rotest~ng oayments of her street assessments on I . _ Sunset Cour~ B ~ ~ o~s I and . , oym~on Beach for the 3, . refund, ~nasmuch as she hol~ ...... p~s~ l~ars, and requesting 3 19~ ..... ~ °' ~-~P~ ~or $207.07 dated A r' ~-~ ~ Z as ~na~ payment of these ~~+~ ~! ~ p ~1 . . ~ ......... ~. ~n~s ±etter taD±eG ~or further consideration. Request of p. F. and Wm. K. Harouff for refund of beer and wine license as they were not able to equlo their building due to lack of funds was read. Request was denied. Motion was made by Mr~ Benson, seconded by Mr. Ross, and unaminously carried~ that the request of Matthew Fergan~ West Pelm Beach~ Florida~ to settle delinquent taxes for two years~ plus the current taxes on 12 lots in ~entral Park Anuex~ for a total of $120;90 be granted. of FIND C ~ ~ ~,_ ~ ~_~ewey s ~/D of Sw of S~ W - ~ i ~ ana%~ fo~ ~ne sum o~ $~ 2c0 ..... ~ ~ ^^^ ~,. est ' building. H~ .... ~ ~r ~u ~ays from the comoletion o~ further requested an option to pUrchase Block 2~ in the same subdivision~ at the same pric% after the Boynton Produce Market is moved to another location. Motion was made by Mr. Benson~ seconded by Mr. Ross~ that the following Resolutions be adopted: "RESOLUTION ~ereas~ A. E. Shook hes orooosed to th ~ Bo~nton Beach. ~16rid~ .~, _.. ~ ~ .~. . i e Ci~.y of th~* ,~ ~_~,~- ~ ~, ~ SUCh m~nlcz~a±ity do sell ~ -~ pallty~ City ce Boynto~ ~ ..... '~ =J--vt ~ ?~ ~rom SUCh munici- · - ~ ~ ~=au~ s~ormda the follow' ~ R~em~ses: ~ituate in the County of ~! ~ ...... 5~g_lands aha ~±ort~a, VlE~ ~ -=~ ~aun al/G State of Lot Twenty-four (2~)~ in DEk~Y,S SUBDIVISION of that part of the South Half (S½) of the Southwest Quarter (SW~) of Section 22, Townshio ~, South of East lying west of the Inter~oast~l C~nal Range ~3 upon the following terms and conditions ~s hereinafter set out; And, Whereas, the City Council of the City of Boynton ~?ac~_Ftcr~d~, ~es deem it to the best interests of such muni- lpa±l~y and To the citizens and taxpayers thereof that such la,ds a~d premises be s°ld to the sa~d A. E. Shook, at and for the price and upon the terms and conditions proposed, viz: At and for the price and consideration of Eight Thousand Two Hundred Fifty ($8,230.00) Dollars; payable in the sum of One ~ousan~ ~$1,~00~00) Dollars down, and the remaining sum of Seven Thousand Two Hundred Fifty ($7,236.00) Dollars on or before one year; er~ in case or in the event said A. E. Shook Shall erect a bmitding uoon such premises, within a period of ninety (90) days arbor the completion of said building; Now, Therefore, Be It Resolved that the City of Boynton Beach, Florida, do accept the proposal so made by the said A. E; Shook, for the sale by the City, ~ the purchase b~ the said A. E. Shook, of the above described lands and premises, and, further, that the Mayor and Cl'erk of such City of Boynton Beach, Florida, be authorized, and they are hereby directed,' to execute a con- tract with hi~, the'said A. E. Shook, pursuant to the terms of such proposal and of this Resolution. This Resolution passed and adopted this let day of March, A.D. 19~8. "RESOLUTtO~N WHEREAS, It is deemed to be to the best interests of the citizens and taxnayers of the City of Boynton Beach, Florida, that t'h? City Counci~ o~ such City of Boynton Beach, Florida, do commit such City of ~oynton Beach to the sale of the follow- ing described lands and premises, situate, located, lying and being in the County of Palm Beach, and City of Boynton Beach, State of Florida, viz: L~t_.Twe~ty-fiEe (2~),~DEWEY,S SUBDIVISION of that part or ~he ~outh half (S~) of the Southwest Quarter (S~) of Section 22, Townshio ~, South of Range $3 East, lying west of the Inte~coastal Canal to A. E. Shook, at and for the purchase price of--EIGHT THOUS~ND TWO HUNDRED FIFTY ($8,230.00) DOLLARS -- At such time as such real property shall be available'for sale; A~D~ WHEREAS, such real property shall be deemed to be available for sale at such time as the same shall be abandoned ~by the present produce market, and~sueh market removed there- from; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Boynton Beach, Florida, that at such time as the above described real property shall be abandoned by the Rre~ent prod~uce market, upon. termination of present le~se, da=et -6- such real property shall be available for sale~ that the City o~ Boynton Beach, Florida, will, and hereby does grant unto A. E. SHOOK the first opportunity to purchase such real property at and for the purchase price of Eight Thousand Two Hunt. red Fifty ($8~2gO.00) Dollars; such right to ourehase ~e_a~pr~perty to be available to A. E. Sho~k for ~ ner~M such 0 ~- ~__ of ninety (9) days after present lease terminates. The City shall notify A. E. Shook immediately uDon said availability. Further~ in the event he~ the said A. E. Shook, shall fail to purchase.su.c~.-property within such period of ninety (90) days after notification ity of Boynton Beach, Florida~ he shall 1ese all right to ~ such property, and all rights here~n given and granted.- This Resolution passed and adopted this 1st day of A.D. 19~8." M°tion~a~asun~minously carried, and the following Contract and Agreement made: "THIS CONTRACT OR AGREEMENT, Made and entered into this 1st day of March, A.D. 19~8, by and between the CITY OF BOYNTON BEACH, Florida, a.municipal corporation, as vendor and party of the first Dart~ and A. E. SHOOK, as vendee and party of the second part, WITNESSETH: That for and in consideration of the consideration herein- after named, the party of the first part agrees to s-ell to the party of the second part, and the party of the second part agrees to purchase of and from the party of the first part, the follow- ing described lands and premises, situate in the County of Palm Beach and State of Florida~ more particularly described as follows: Lot Twenty-four (2~) in DEWEY'S SUBDIVISION of that part of the South Half (S½) of the Southwest Quarter (SW~) of section 22, Township $~ South of Range $3 East, lying west of the Intercoastal Canal, upon the at and for the consideration an~/terms, covenants and agreements hereinafter set forth. The consideration shall be the sum of --EIGHT THOUSAND TWO HUNDRED FIFTY ($8,2[0.00) DOLLkRS; payable in the following ~annerg The sum of One Thousand ($1,000.00) Dollars at or before the execution and delivery of these presents, receipt whereof is hereby acknowledged by the party of the first part; the sum of Seven Thousand Two Hundred Fifty ($7,2%0.00) Dollars on or before one year from the date hereof; It being understood and agreed between the parties hereto as a part of the consideration hereof~ that im case or in the event the above named party of the second part shall within such period of one year, construct or erect a building upon the above described real property that the $7,2~50.00 so to be paid on or before one yea~ f~om the date~ _ereof~ shall.be paid on or before ninety (90) days from the completion of the build- ing so constructed and erected upon such premises. The party of the second part, as a part of the consid~r- ation hereof, does agree to pay all taxes and assessments that may be levied legally, or imposed~ upon the above described premises subsequent to the year 1947. It is ~urther covenanted and agreed by and between the parties hereto that at the time of, and simultaneously with, the delivery of warranty deed of conveyance by the above named first party to~ the· second party, such second party shall pay the a~ove named f_rs~ party such remaining balance, or s~m of $?~2~0.00. - In case or in the event the above named second party shall fail~ neglect or refuse to keep and perform each and every the covenants and agreements on his part to be kept and performed as herein provided~ and it shall be necessary for the first party to employ an attorney, that then and in that event such second party shall pay an additional amount for reasonable attorney, s fees and court costs of the above named first party in and about the enforcement of the conSitions oF this contract~ and/or the foreclosure thereof. - The above nsmed second party does agree to pay interest at the rate of six (6%) per cent. per annum after maturity~ of the said $7,2~0.00 herein provided. In case or in the event the second party shall fail, neglect or refuse to keep and pSrform the covenants and agree- ments on his part so to be kept and performed as herein provid- ed the first party may elect to declare a forfeiture of this contract and of all the rights mud equities of the second party ~erein; in which case or event, the said first party may claim tne said sum of One Thousand ($1,000.00) Dollars so paid on account hereof, as and for liquidated dmmages on its part sus- tained; and upon such election and forfeiture, the said second party shall have no other or further rightS, equities, claim or demand in and to the aforesaid premises~ or under the terms of this contract. It is Further understood and agreed by and between the parties hereto that time shall be of the essence of this con- trac~ and that it shall extend to and be obligatory upon the partmes hereto, and their respective successors~ assigns, heirs~ executors mud administrators. iN WITI~.]~SS '~HEREOF~ these presents have been executed by the above named first party by its Mayor, attested by its Clerk~ and by the above named second party in his own proper person~ the day and ~igned, sealed and delivered in the presenoe of: yea~ first above written ~ A. Somerv-~l~m CITY OF BOYNTON BEACH~ FLORIDA (SEAL) B~ B. V, Tattersail Mayor Attest: Si n S~d) D.Vo Will~ms__ Clerk (SEAL) STATE OF FLORIDA ) COUU_~OF P~M BEACH ) I HEREBY CERTIFY, That on this day personally apoear- ed ~efore m$~ the undeFsigned officer B.V. Tatte ~ as Mayor and - r~a!l ..... D. V. Witl~ams s ~ ~ ~.:~ ~-~--'-~----~ ~oynton ~each, Florida. a m~n ~a. ~ .... ~ y~ ~ne Ult¥ or ..... tu me ~a ~ tn m~ *~ ~u ~. -~- a _o~.~ and ~. E. SHOOK ~ .... ~u oe ~ne Bersons named in ~d who execut~ the above ~d foregoing Contract ~d Agreement~ and each of Whom did ac~owl~ge before me that he execut~ the s~e freely and ~o!~tarily for the uses ~nd p~poses there~ ex- pressed. WITNESS my hand and officist sea! this_ March~ A.D. i958. 1st day of (SEAL) E.A. Somerville Notar- Public Mayor Tattersall stated he had taken up complaints on excessive tax assessments and errors in assessments with Mr. C. L. McCOY, City Attorney, for adjustment. Motion was made by Mr. Woolbright and seconded by Mr. Ross and carried tha~ the foll~¢ing Resolution be adopted: "Resolution _ WHEREAS~ in the tevv Doynton.~each~ Florida~ for the tmv-~?~ -~-- ~ty of.. City of Boy. ton Beach~ ....... r~ln certain la~ds il1 the Florida~ have had levied against such lands excessive t~es~ ~d t~es in errors ~d E~S~ it is deemed to Be to the best interests of the City of B~ton B;eaeh, Florida ~d the thereof, t~t sReh ~- ...... ~ . ~ ~payers ....... = as snail aave Peen levi~ in error~ and. in exeess ef the proper amount, be abated, inserat as such errer and excessive ameers shall appear~ ' of the set wi th the ~ the amomnt lax eerrecte~ in aeeord such preperty~ viz: -10- BE IT FURTHER RESOL'WED, that, due to errore in sessment the taxes for the year 19~7 and amount of, the ~ueh property~ and under the. BE IT FURTHER RESOLVED, that the Tax ¢oll.ect?r of the City of Boynton Beach, Fl?~ld.a, be, ~a~._d_ he her~eb.Y~e~2 authorized and directed to collect upon mne severa- of the amounts set forth under the ~ Beach, Florida~ upon such property. THIS RESOLUTIQN PASSED AND ADOPTED THIS 1st day of Mareh~ There being no further business to come before the meeting, m~tion was made, seconded and carried to adjourn. B. V. ~TTERSALL~ Mayor Clerk 0 0 0 0 ~ o o ~ 0 ~-~ ~ o o (DO3 0 ~0 0 e ~o O4-* O0 O0 ~ 0 0 0 0 0 0 O0 O= 0 0 0 0 0 © 0 0 0 0 0 0 c~ 0 © 0 O 0