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Minutes 03-06-34P~GUI~&R ~ETT_NG OF I[&RCH ~ 1934o A Regular Meeting of tlne Boa~d of To~n ~ommmsszone_s of the To,~n of Boynton, Flomida~ was held at th~ ~ov~ Hall on Tuesday even~ng~ Present: H~ D, Stevens~ J. P, Bowen~ To~n. '_,~e abov~ constituting the entire Board of Town Comr~issione: of the Term of' Boynton~ Florida. % The ~znu~es of the Re~.la~ i,~eet~g held Feb~ua~ 20~ 1934 were ~ead ~d approved upon motion made by Co~mzss~one~ Bowen, seconded by CoL~iissione~ Menze! and '~ ' % Upon motion ~.de by Co-~J.~ssmoner Bowen~ seconded by Commissioner Stevens sm& duly carried~ the following bills were approved for amaitable:~ Southern Bell Telephone Co, V,45 Flo~ida,Power & Light Co, 340.0& Eut~_n~ ~srv~es ~tat~on !~.35 Hefty P~ess~ Mi~mi~ Fla. 18.00 De/ray Beach ~e~s 37.50 Dixie Gsueags ~0,Y3 pa:~unent ~fnen ~uds ~ecome Stevens _made a Motion that 0~d~uano_e entitled ~AN ORDINANCE OF T~fE TOT~W OF B0~TON; PAL~- BEACH C0%~Yi~Z~ FLORYDA~ FOR ~ ~SSUANCE 0P BOA~S T0 F~ REFL~ ~T PORTION 0F ~E I~T~SS 0F ~ SAiD T0~ 0P BO~0N A~0CAT~ T0 SA~ TOV,~ DI~ER T~ TER~S _&~ PRO- ViSi0~TS 0F CH~TER ~ 15088, ~WS 0F FLORIDA 193~ IN ~ SU~ 0F $ ~5~000.00 NO~ S~C~!CA~LY FOR T~ ~P0~ 0F F~!NG ~D F~'~iNG T~T CERTaiN ~GE~NT TOGE~E WiTH 0~ A~CR~ ~E~ST PR~ AGAINST SA~ T~ IN ~ ~IT~ STA~S DISTRICT COURT IN ~ FOR Th~ SOU~ DIS~RI~ 0F FLORIDA~ ~ D~ISION~ 0F N0'~ 29th~ 19B~, BEING CAUSE N0~ T0~N 0F B~TON, F~ORIDA~ U~W~ DATE 0F ~f~Y lst~ 19285 P~SCRIB~G · ~ M~ITIES 0F ~ B0~S T0 ~S0 iSSL~ .~ PROV~ING FOR A T~X T0 CR~&~ A SI~!NG F~ FOR T~ PA~ OF T~ PRIN~ZPA~ AR~ I~E~ST 0F SAID B0~S: REPEALII~G Av~ FOR~R 0~iNAk~CES ~ND/0R ~SOL~!0NS, 0R P~TS 0F 0~IN~CES A~/0R , ' r C 0!~LICT ~REWXT~~ ~mS 0L~-ONS~ be placed on its FIRST ~eadlng. This motion was seconded by ConL-u~ssione~ ~genze! and "mpon being ~mt to a vote was Commissione~ Stevens moved the adoption of the following Resolution: "A RESOLUTION PROVIDING FOR THE CALLING OF AND HOLDING OF A SPECtAL~_~ECTION IN THE TOW~ OF BOYNTON IN PALM BEACH COUNTY~ FLORIDA, tN ACCORDANCE WITH THE PROVISIONS OF THE CHARTER OF SAID TOWN AND OF CHAPTER 14V18 LAWS OF FLORIDA 1931, TO DECIDE ~FETHER A M~.JORITY OF THE FREEHOLDERS OF THE TOWN OF BOYNTON, FLORIDA~fHO ARE ~UALIFIED ELECTORS RESIDING IN SAID TOWN ARE IN FAVOR OF THE ISSUANCE OF BONDS PROVIDED FOR BY ORDINANCE WHICH HAS .HERETOFORE BEEN INTHODUCEDAND PASSED TO SECONDREADING BY THE TOWN COMMISSION OF THE T0~N OF BOYNTON, FLORIDA.~ ~HEREAS on the 6th day of ?amch A. D. 1934, the Town Commission of the Town of Boynton, Florida, at a special meeting thereof held in the Town Hall of said Town intro- duced and passed to second reading an Ordinance entitled "AN ORDINANCE BY THE TO~N OF BOYNTON, PALM BEACH COUNTY, FLORIDA, PROVIDING FOR THE ISSUANCE OF BONDS TO FUND AND REFUND THAT PORTION OF THE INDEBTEDNESS OF THE SAID TOVSN OF BOYNTON ALLOCATED TO. SAID_TO~N UNDER THE TEPeeS AND PROVISIONS OF CHAPTER #15088, LAWS OF FLORIDA 1951, IN THE SUM OF $185,000.00, MORE SPECIFICALLY FOR THE PURPOSE OF FUNDING AND RE~NDING THAT CERTAIN JUDGEMENT TOGETHER WITH OVERDUE .~d~D ACCRUED INTF~EST PROCURED AGAINST SAID TOWN IN THE UNITED STATES DISTRICT COURT IN AND ~OR THE SOUTHERN DISTRICT OF FLORIDA, MIAMI DIVISION~ NNDER DATE OF NOVEMBER 29th, 1929 BEING CAUSE N~. t~8~-M-CIVIL, AND IMPROVEMENT CERTIFICATE~ OF I~DEBTED~ESS~ ISSUED BY THE TO~N OF BOYNTON, FLORIDA, UNDER DATE OF MAY 1st, PRESCRIBING THE FORM AND MATURITIES OF SAID BONDS TO BE SO ISSUED AND. PROVIDING FOR THE .-~JEVY OF A TAX TO CREATE A SINKING FUND FOR THE ~AYMENT OF THE PRINCIPAL AND I}FfEREST OF SAID BONDS: } REPEALING ALL FORMER ORDINANCES AND~OR RESOLUTIONS, OR PARTS OF ORDINANCES AND/OR RESOLUTIONB, IN CONFLICT HEREWITH." and ~EREAS the Town Commissicn~is advised that the bonds provid- edfor in said Ordinance should not be issued until the ques- tion of the issuance thereof has been submitted to a vote of the qualified electors who are freeholders~residing in said town and approved and ratified by a majority of them at such election, NOW THEP~FORE BE IT RESOLVED by the Town Commission of the Tow~ of Boynton, Palm Beach County, Florida: SECTION Io That a ~pe¢ial election~be and the same is hereby called to be held in.the Town Hall of the Town of Boynton, FlOrida, on the 9th day of April~ A. D. 1954, at which time and place the question as to whether or not the said Town shall issue funding ~d refunding bonds for the purpose of paying and charging that portion of the obligation formerly Incurred by the Tow~ of Boynton, Florida, and allocated to the present Town of Boynton, Florida, by Chapter Z~15058, Laws of Florida 1981, shall be submitted to a vote by the qualified electors who are freeh~.lders residing in said Town of Boynton, Floridae SECTION II. That at said.election the question shall be submitted to a vote of the qualified electors who are freeholders residing in said Town of Boynton, Florida, as to whether or not the said Town of Boynton shall issue its funding or refunding bonds in the Total sum of $185,000.00, to be dated the 1st day of April, A. D. 19~t, to mature thirty (30) yea~s from the date t~reof, to be subject to redemption at the option of the Town at par and accrued interest on any interest payment date prior to maturity, on or after April 1st, A.D. 1937, and shall bear interest at the rate of three per cent per annum for the first five (5) years from the date thereof; four (4) per cent inter- est for the second five (§) years from the~date thereof; five (8) per cent. interest for the third five (8) years from the date thereof; and six (6) per cent interest for the mainlng fifteen (18) years; said interest Being payable semi- annually on the 1st, day &f October and on the 1st day of April of each year, said bonds to be issued, if issued, for the following purposes: (a) Bc~ds imthe total sum of $151,~O0,00 for the p~rpose of f~ding or ref~mdlng, paying and discharging its portion of the principal and interest acc~ed and ~o accrue priOr to April 1st, 1934, as evidence and represented bY that certain Judgement procured by the ~hi~e Construction Company, a corporation, against the Town cf Boynton, a m~nieipa~ corporation, under date of November 29th, 1929, in the United States District Court in and for the Southern District cf Florida, Miami Division, being Cause No. l~80-M-Civil, in the s~m cf.$249,V99.15 together with costs in the sum of $15o61 in addition to accrued interest and interest to accrue prior to April let, 1934. (b) Bonds in the total sum of $ ~,VO0.O0 for the purpose of funding or refunding, paying and discharging its portion of the obligation of the Town of Boymton, Florida, as evidenced by Improvement Certificates of Indebtedness issued by the Tow~ of Boynton. Florida. under date of May Ist, 1928, which certificates were issued by Resolution of the Town Commission of the said Town of Boynton for the purpose of paying the costs of certain street~_improvements ih said Town end which certificates wet.made payable in ten (lC) equal annual installments f~0m the let day of M . ~92S together with interest at the rate of eight (8) per cent per an~ . SECTION III. That the form of ballot to be used in said election and by which said-electors of the said Town shall vote upon said question or questions shall be a plain white piece of paper which shall be substantially in the following form: NO. NO. 0FFICI~L BALLOT, SPECIAL ELECTION, TOWN OF BOYNTON, FLORIDA, APRIL 9th Ac Do 1934 Shall the Town of Boynton, Florida, issue its funding or re- funding bonds in the total sum of $185,O00.OO1 pledging the full faith and credit of said Town for the payment there- of, such bends to be dated the 1st day of April, A. D. 1984, and to mature thirty (30) years from the date thereof, to be subject to redemption at the option of the Town, at par and accrued intereat, on any interest-payment date prior to maturity, on or after April 1st, A. D. 193~, and shall bear interest at the rate of three (3) per cent. per annum for the first five (5) years from the date thereof,~four (4) per cent. l~e,r annum for the second five (§) years from the date thereof, five (5) per cent. per annum for the third five (5) years from the date thereof, and six (6) per cent. per annum for the % remaining fifteen (18) Years, said interest being payable semi- ar~ually on the first day of 0cto~er and on the first day of April of each year, such bonds to be~issued for the following purposes: ~ (a) Bonds in the total sum of $15t,300,00 for the purpos~ of fundi~ or refunding, paying a~ discharging it~"portion of the principal and inter- est accrued and to sccK~e prior to April 1st, 1934, as evidenced and represented by that certain judge- ment procured by the White Construction Compamy, a corporation, against the Town of Boynton, a muni- cipal corporation, under date of November 29th, 1929 in the Un~ted States District Court in and for the Southern District of Florida, Miami Division, being Cause No. 13SO-M-Civet, in the s-~m of $249,V99.15, together with costs in the sum of $15.51, in addi- tion to accrued interest and inherest to accrue to April 1st, 1934. For Bonds Against Bonds (b) Bonds in the total sum of $ 33,700.00 for the ptt~pose of funding or refnnding, paying and discharging its portion of the obligation of the Town of Boynton, Florida, as evidenced by Improvement Certificates of Indebtedness issued by the Town of Boynton, Florida, under date of May 1st, 1928, which certificates were issued by Resolution of the Town Commission of the said Town of Boynton for the purpose of paying the cost of certain street improvements i~ said Town mud which certificates were made payable in ten (10) equal annmal installments from the 1st day of May, 1925, together with interest at the rate of eight ($) per cent per amT~m. For Bonds Against Bonds you favor the issuance of the bonds for the purposes set forth undereither, or beth, cf the Sub-Pe~agrzphs (a) amd as above set forth, you will express your choice by making a cross-mar~ (X) in the spmoe to the left of the words "For Bcnds)$ and if you do not favor the issuance of such bonds for the purposes set forth under sither or~bo~th of the Sub- Paragraphs (a) and (b) as set forth above, yo~ will express your choice by making a cross-mark (X) in the space to the left of the words "Against Bondsw. SECTION IV. That said election shall be held in accordance with the General Statutes of the State of Florida and the Charter of the Town of Boynton, Florida, in each and every respect, and the follow- ing named persons are hereby selected as the Inspectors and Clerk to hold and conduct aafd election, namely: ----~- ~, ,~tella mcEa7 · ~i~l Pa,r~in _ ~ as Inspectors, a~ as Clerk. and ~ance s Stitts SECTION V. That at least five (5) days prior to the date upon whith the said election shall be held, the Town Clerk shalt make up and certify a list of the-names of all qualified electors appearing on the registration books of said Town, who are freeholders residing in said Town and who are qualified to Vote at the said electlon,~ and a list thereof shall be fume-shed to the Inspectors and Clerk who conduct said election. SECTION VI. That notice of said election shall be given by publication in the Palm Beach Times, a newspaper of general circulatiom published in Palm Beach Count~,Florida, once each week four (~) consecutive weeks within the period oF thirty (80) days next preceding the date on which said election shall be held, which notice shall be signed by the Clerk of the Town of Boynton, Florida. SECTION VII. That the Town Clerk shall procure the ballots, ballot boxes, and other necessary equipment to be used in the holding of said election, as herein provided, and shall post a copy of this Resolutfon on the ~oor of the Town Hall for a period of thirty (30) days next election shall be held, preceding the date on SECTION VIII. which said That the Town Co~nission of the Town of Boynton, Florida, shall be and is hereby authorized to canvass and declare the result of said election at its next regular meeting to be held following the date of said election; and to make and enter in their minutes a finding as to the total number of qualified electors residing in said Town of Boynton as were legally qualified to participate in said election, and also a separate finding as to the total number of votes cast in said election in favor of the approval of the bonds, and the total nUmbe~ o~ votes cast in sa~ election against the approval of said bonds.. INTRODUCED, PASSED AND ADOPTED by the Town Commission of the Town of Boynton, Florida, at ~ special meeting held for the purpose on the 6th day of March A.D. 1934. ATTEST: J. P. Bowe~ "' Town Clerk. (Ei$~ned) H. D. STEVENS (Signed) Mayor ~ Wm. NENZE~ (gisned) .... J. P. BOWEN (,$i~ned_) Members of the Town Com- mission of the Town of Boynton, in Palm Beach County, Florida. Commissioner Menzel seconded the motion for the adop- tion of the above and foregoing Resolution, and upon being put to a vote, the following vote was had thereon: Commissioner Stevens "Aye" Commissioner Menzel Aye Commissioner Bowen The Treas-omer stated that the Budget for the fiscal year begir~ning November 1st, 1934 could not be made until after the coming election, inasmuch, as the Budget require- m~hts for debt service-depend upon the results of said election. & Resolution to pay claims was passed and adopted. There being no further business the meeting adjourned. May or Vice May~r Town Clerk.