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.