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Minutes 10-06-36REGULAR MEETING ~P OOTOBEE 6, 19~6 PO~TP01tED TO ~ TOHER 15, was held at ~he Town Hall en Tmesday evenlmg, Oetebe~ 15, 1956 at ?:$0 o~¢toek P. M. P~esent: The above ¢onstitutLug the e~ti~e Boa~i of Town Cam- She Town ef Boy~$o~, Fle~lda~ 1936 were ~eada~lapp~evede Upon motion made by Com~aissi~e~ S~$vens, se¢~de~ b2 Commissimae~ ~eems and umanimeus!y car*!e~ the following bills were a~p~eved f~, payment: C ~m~ts ~ .erieS..W~e=~_ ~ _.a~ ~. ~i~._ ~u~ _ ~ a~i~,, ~..ii~_~ _and To,m Clerk were autho~izea and di~c}~d }p ~nt~ into a contract with ~falo, ~e~e~ Company of B~falo, N. Y. fo~ She p~e~ of 24 -,5/S by ~; Nime months wi~ ~p~mo~io~de '~ C~ssioneP StevenS, ~ sec~e~ by O~aie~e~ Weems, ~e fello~g ~esetm~ion~$ pass~ ~d APPROVING A PROPO~mD LETTER AGREEMENT WITH FLORIDA POWER ~ 1 LIGHT COMPANT PROVIDING FOR THE MAN~ OF COMPROMISE SETTLEMENT AS OF AUGU~T 31, lg~6, OF FOUR (4) CERTIFICATES OF INDEBTEDNESS GIVEN BY THE TOWN 'TO TME COMPANY IN TI~_E PRINOIP~ AMOUNT OF $4,8V~.39 TOGETHDi,~R ~'ITH $858.90 ACCRUED I~EREST AS OF SAiD DATE, AND SETTING OUT TM~ TERMS ~ND CONDITIONS UNDER ~HICH SAID U~2IFICATES OF INDEBTEDNESS ARE TO BE COMPRONISED AND SETTLED; AUTHORIZING ~ND DIRECT I~G THE MAYOR AND THE'TOWN' C~ERK OF AND 0~ BEHAL~F .OF THE TG~N OF BOYNTON, FLORIDA, TO EXECUTE A~D E~ER INTO THE SAID PROPOSED LETTE~ AGREEMENT ~ITH FLORIDA PO'~ER & LIGHT COMPANY. BE IT RESOLVED BY THE TOWN COmmISSION OF THE TOWN OF BOYNTON, FLORIDA~ l~ That the propose~ Letter Agreement between Town and Florida Power & Light Company, which is hereinafter set forth in form in Section ~ hereof, be and the same is hereby approved as to form and substance. R. Tha~ the Mayor and the Town Clerk of and on be- half of the Town of Boynton, FIorida~ be and they are hereby authorized and directed to execute and enter into with Florida Power & Light Company the proposed Letter Agreement approved in Secti~ 1 hereof and hereinafter set forth in form as follows: ~e~tember, , 1936. Town of Noynton, Boynt on, Florida. Gentlemen: This relates to the amount of indebtedness owed by the Te~m tS us, as of August gl, 1936, covered by Certificates of Indebtedness heI~by us. It is understood and agreed that as of August 31, 1936, the Town,ewes to us the principal amount under four (4) Certifi- cates cf Indebtedness heretofore delivered to us by the Town, and which are new in default, $4,8V9.39 principal and $888.90 interest, aggregating a total of $5,V68.29. A more particular description of the said Cer$ifi~ates of Indebtedness is shown on Exhibit ~A", attached hereto and made a part hereof. In accordance with the request contained in yo~ letter of September 10, I~30, to our Manager, Mr. Charles Senior, and in order to effect a compromise and settlemsnt with the City, and in consideration of our forbearance from bringing suit upon the total amount of money covered ~y the said Certificates of Indebtedness as of August 31, 1936~ to wit: $$,V68.29, as shown on ~.xhibit ~A", it is mutually agreed and covenanted as follows: 1. That in order to retire the principal amount of past due indebtedness owed by the~Town te us as of August 31, 1936, (excludir~ interest in the amount of $888.90) to wit: $4,8~9.39, the Town will pay to us ~he sum of $§29.~9 on or before October 15, 1936, and thereafter the Town will make annual payments to us on or befor6 and not later than April 30th of each year until the said principal amount ef $4,8~9.39 has been fully paid, in accordance with the following schedule: During the tax collection period beginning with November, 1936, and end- ing April 30, 1937 . . o $900,00 During the tax collection period from November, I93V, to April 30, 1938. · 900.00 During the tax collection period from November, 1938, to April 30, 19~9. . 900.00 Town of Boynton -2- ~eptember, During the tax collection period from November, 1939 to April 30, 1940 . . 900.00 During the tax collection period from November, !940' to April 30', 1~4I · . . VSO.O0 2. That, as of April 30, 19~I, if the Town has not defaulted im making any of the payments as hereinabcve set out in the scheduIe contained in section I, we shall consider the total amount of the indebtedness, to wit:$~',V68.~9, rep- resented by the eaid Certificates shown en Exhibit ~? paid in f~ll and we shall deliver the said Certificates marked paid to the Tow~o 3. That so long as the Town is not in default in its payments as set out in the schedule hereinabove contained in section t, no additional interest shall accrue on the said Certificates of Indebtedness described in Exhibit ~. That if the Town fails to carry out the terms and conditions of th~s Letter Agreement the said Letter Agreement shall be null and void and we shall be fully released from the terms of this Lett'er Agreement and we may proceed to enforce any and all legal and equitabIe rights which we may have against the Towm in connection with the collection of the orlginal principal amotunt of indebtedness covere~.~y the said Certifi- cates of ~ndebtedness shown on F~xhibit A , together with all interest due thereon and in default, less any payments made by the ToWn to us on the said Cert'ificates of Indebtedness, just as if this Letter &greemen~ had never been entered into between us, the aggregate of which said payments shall be portioned into fo~r parts and applied as part payment en each of the four (4) Certificates of Indebtedness now owed by the Town to Florida Power & Light COmpany which are to be held by us until the obligations to be performed on the part *f the Town hereunder have been l~lly performed in every respect. ~o- That it is distinctly ~uuderstood and agreed that, except as expressly provided hereunder this Letter Agreement shall in no way be considered to ~elease the Town from the obligations contained in the Certificates of Indebtedness Town of Boynten ~eptember, , 1936. described in Exhibit "A", and that the said Certificates of Indebted~es8 shall remain in full for~e and effect. If you agree to the foregoing, kindly so indicate by causing ~his letter and the attached copies te be executed by your duly authorized officials umder your corporate seal in the spaces provided below for that purpose. Yours very truly, We agree to the TOWN OF foregoing. By H.D. Steven~ (Signed) Mayor. Attest: J.. p. Bowen (Signed) Town 0~lerk Dated Oct. 13th, 1936. FLORIDA POV~ER & LIGHT O0~LPANY By , Acting President ~Mayor Stevens suggested that the Town have a clean up week, which suggestion was endorsed by the Commission. Mayor Stevens stated that he would designate the period f~om October 18th to ~lst as "CLEAN Lq TIME", calling on all citizens for their ~ooperation. Vice-Mayor ~eems stated: "Several days ago erie ef our local residents advised me that he had been informed that the Federal Govern- ment was contemplating the erection of storm shelters along the East Coast and that notwithstanding the fact that no applications for such projects were being enter- tained, eertaln communities were seeking favorable consideration. My informant further stated that he had called upon Congressman Wilcox at West Palm Beach and made personal inquiry as to whether there was any~truth in the report and had been advised in the affirmative. He then made specific inquiry as to whether it was possible for Boynton to obtain such improvement without cost to the Town and the Congressman expressed the opinion that it could. Subsequently, Congressman Wilcox confirmed the foregoing imformation upon a personal visit to Boynton." general discussion then ensued concerning the present status of the proposed project. Mr. Somerville reported that pursuant to permission of both the Mayor and Vice-Mayor, he made a trip to Miami and called upon Mr. A. O. Sandquist, Regional Director of the W.P.&. and secured a form of application to be submitted to the proper authorities. Mr. ~omervil!e also stated that,inasmuch as the W. P. A. was not in position to furnish the necessary plans, blueprints, etc., he called upon Mr. Samuel Ogren, an architect at Delray Beach, and the matter has now progressed to a point whereby Mr. Ogren is to submit for the consideration of the Commissioners, plans and specifications, etc., with respect to said project. Mr. Ogden, who was also present, assured the Commiss- ioners of prompt action in the preparation of the necessary plans, specifications and application papers. Upon motion made by Commissioner Bowen, seconded by Commissioner ~eems and duly carried, the Mayor was authorized to execute any and all necessary ~apers in connection with the proposed project. upon motion made by Commiseioner Bowen, seconded by CommiSsioner Weems and unanimously carried, Me. Wm. P. Somerville was authorized to appear before the County Plann- ing Board and other proper authorities in furtherance of the application to the W. P. A. There being ne further business the meeting adjourned.- ~~ .Mayor  ~~ Town Clerk. Vice-Mayor.