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Minutes 11-02-26
320 k Regular Meat lng oi th6 Board of Commissioners of the ?ovm of 3'oynton, ]'!orida, was held at ,the Town Hall of the '7own of hoynto:~, '~'~orida, on uesd[y ~ ening, ]Jovember 2nd, A. !~. ~926, at 7:50 o'~!oc~: Y. Present: R. 0. llyers, i.iayor E. I.. Winchester,Tovm Clerk ,,~e above conslitut~ng a majority of the Board of Commissioners of the k, ow ~ of i oy:~ton, Florida. Upon motion ms e by Commissioner Winchest~-:r, seco~ed by Co~is.~;i. on.:r l.lyers an:. dul~- carried, the To/lowing reso%ution was unanimously adopted. ','~A~, Commi~.sion~r and Vice-.,.,ayor ~arry Benson, bas ~een bereaved by the sud..en d~ath of his father, August Benson. ~n~,~ The i%egul,.r ~ieet ~' of the CO~ission of the Town o ~ Boy~ton, f'!orida be and same is hereby aRj ~nea until Thursday l~ornJns, i~ovember 4th, A. D. !-326, at 10:00 o'clock A. There bein~ no furtLer business, the meeting adjourned until Thursday ilorning, :'.creme,ar 4th, A. D. 1926 at 10 o'clock 321 An Adjourned L:eeting of the Bonrd of Cor:~nis~J oners of Se 'rovm of Soynton, Florida, was he~d at the Town of hoyn~on, ~'!orida, on :'hursaay 12orning, i~ovember 4th, D ~26, at 10'00 o'c~ .... ' ~ · _~C~ ~. Present: R. O. Myers, Mayor E. I Winchester,Town ~ ' .-,~ The above constituting a majority of the ~oard of saioners of the town of ~oynton, ~'lorids. × Einu%es ~f the last i~egular L!eeting of ~ctober~ 19th, 1926, read.and appr3~ved. -.inures of a Special ileeting of uctober 20th, 1926, were and approved. :.~inutas of a Special :ieeting of october 2!st, 1926, were and approved. ~.~i~;tas of a Special f:edting ef Ootober DOth, l~'~ . ;),:,- , Were md and approved r. esolution was passer ordering the fo]lowing bills to Paid out of their respeczive funds: [orim'a Power ~ light Co. Carre:~ for ,,.'3nth of O~t. for tlc fo2!owing: Power ,.,eber ~!16 73.17 71a~er Tan~2 Po'.-'ar i.,eter ~!]74~9.65 Fump House 152.82 ~'ire Siren 100 C.~.White '?ay Lt~ 1.;3 C;P.:"fhite 'Fay Its 56 Over?:e~d St. Its Sign ~. L'raffic Its. li~j'hts for Jail Lights for Town Hall ~. 50 4.95 !, ~.82 5.00 Z75.8] 6.45 322 !own of Boynton,Water Dept. )ixie Garage Garage Eidd!e Oompany on i'ypewriter ~o. 0ompany Lbr. 0o. in Drps. soy ~ ~riffith,In¢. Beach ~erc. ~o. union "elegraph Co. Worth Drainage Dist. Finch Water used for the honth of October by the Ocean Beach Pavilion 20.5~ and ~ail 4.94 45 Hydrants C ~' ~l. O0 each Gas,Oil, Labor and idisc. Supplies for the Police Dept. for ~onth of October. Gas,Oi!,Iabor and £~isc. supplies for Sanitary Dept., for munth of October. Gas,(~i!, Labor and misc. s'ap~!ies for the ,"later DeFt., for ~mnth of ~ctober. Gas, and oil for ~he ~onth of October for Water Dept. for Fire Dept. for October uno lar5e map of Town of Do~mton 1 box legal size carbon Liquid Soap Dispenser ~aint brush, 2 - lxZ Uyp. ~ ~ye hoe hand,es, 22 drain tile. Screws, strip hinge, paint, brush and lxI2 c. cyp. and rope. Office Supplies 2 '- 2" Std. Gate Valves ~,eals for prisoners ~'elegrams for ~,,onth of October To ~e-emburse ~etty Cash Depositors ru'nd 22.50 General fund ~.18 ~90' of 2" pipe ~ 20,' ~ ~' · a fort ~egal services rendcred for the months of Sept. and 0ct.!9£6 25.52 45.00 56.13. 25.57 22.,57 .44 2.03 20.00 3.00 g.17 6.08 5.64 17.36 ]0.80 14.25 2.83 g8 O0 !50.00 323 Lumber Company in~ Filling Station · ~bertson 1 pitch fork, 1 rake· 3.60 Gas,Supplies and !abor.~'o!ice '-,e~t 15 ~ 1 gear for Do,ige Truck, Sanitary Dept. 3.22 % Upon motion made b-. Commission,.r ~2yers, sec,qnded by ::m~issioner ,;'incheater and du~y carried the foq!ow[n:: resol:~tion adopted, AE$O[UUI OjT i.~_Z_'ii~ AN' ~OY:~_.~y, PA~.[ BEACH COUp;fy, PI~q.~IDA. i~AS, the Town Commissioners of the Totem of orida, did heretoffore, at its regular meeting held on the ::]'~h day July ~. ~. 1926, regularly pass and adopt the fei]owing resoT, ution: "A ~90tUTIOI~ oF THE TON, F~O~I~A, PROVIDING F0~. TEE SUil 0F ~85 000.00, AGA!,I~ CERTIFICATES 0F II[DEB2EDNESS DEPOSITED WITH T~ -~ SAiD TOWN. ........ ~, the l'own Conzmission of the Town of Soynton, ~ida, has h~retoffor6 caused to be issued said %ertificates ~ebtedness ~der the provisions o~ Section !906 off the Genera! s off Florida, flor ~ounts assessed ~gainSt abutting property cartain, street- and sidewalk improvements ~ in said ?own, the 'dates aggregate amount off said Dertiff~cates bein~ as follows: Certiffic~tcs dated September 22, !~, {~5,55~.59, upon which there has been ~aid by t~ o,~n~r~ of the p~ope~ty assessed the su~ off ~2 2:31.44 an anpaid balance of ~3 ~o ' leavir~ ,~.15. ' Certifficates dated :~oveub~r :~0, ~9:~S. in the a~r~ gate am:'.~mt off ~:~,1~.9~, upon "~ich'th,~ ' ~ paid by the own~r~ ~ _~ ' - - .e_e has off ~--. ~ -~, .~-- ~f the proD~rt~ ~ .... n Certificates dated Uc~,', :~ ~ ~ , ~ ..... ~:,25, in the aggreEat~ amount of ~45,9Z2.60, .~o ? ..... 5? which has been paid". Certificates dated Oct~ - "~ , ,~. ~925, in the aggregate amount of ~0,69! 74, ?, ~I :: ~ which has been paid. total amount of said certifi,;~.~ .~:',~:ining unpaid is $85,432.66, WHEREAS, said improve~:-~? ~1~ ~ ~. ~ duly made and the cost ~ereof assessed in fu?_l compliaN~ i~~ ~he Chargzr of~sai~ ?oW~ ~ection T906 of the ~eneral ~L~ ~ ~ of l~lorida, a~d said ~nts were legal and valid ~: ~K.;~n the prcper~y asseS~sed said certificates, if sold a_~:~ d~-~.~-ed would be legal and ~. ~lid liens upon the property deR~i~ ~L:~ -bi~rein a~d ~ayments thereof ced by Said Town, and W~UEP~A$, authority- is gr,~:~':~::, b; the Charter of said ~nste,._~d of depositing a said ~r :'i~.;ates of indebtedness to such certificates under th:: ~r~ ~:;:)ns of Chapter ~907 of ~neral StatuSes of Florida ~:~ ~. ~'~; the same with the ~asurer of said Town in a spec~ ~? ~ ;~:; ~6l)arate fund to be known the "IJ.~provement Fund," and 1~ ~ '- ~;: :~ se!l ~bonds to be d, as Improvement ~onds, w~,~?. ;L ~ '~t coupons attached, to ~ount not in excess of the ag~:-~-,~g :~ ~;,o~t of said~csrtificates indegtedness. ~ NOW 'i'H~HEFJRE ~E IT ~ !~'~; ~'.:' ;'H~ TO~,~I CO~iI8~ION r~ TO~,,~T OF BO~T('N, F~OP~IDA: Section 1. Theft bonds ~ t,~ o'.';n of ~oynton, Florida lSeued in the aggregate sum of '~ ,-~i~,e '~'housand Dollars ,00) to be ~ou~n as "I::~pr:v~;~.~; ~:nds of the 'fo~ of on, ~'lorida, lssue-of ~une ~, ]~.-' ~ ' ~id bonds to be in ~ons of One Thousand mo~ ;~;" ,~.00.00}; said bo~s shKl! 325 17 bonds aggregating ~!7,000.00 maturing on December !st of each of the year !926' to 19ZO both inclusive Said bonds shall bear interest at the rate of six per per annum, payable semi-annually on ~ecember let and ~'une o£ each year, both principal and interest being payab'e , in gold in of the united ~tates of America of the present standard weight fineness at the i4ationa! Park ~ani: of iTew ~ork City, ~. ~. Said onds.ska!! be signed by the mayor of said Zown ~d attested by the o~ ~!erk and shall have affixed thereto the coroorate seal of ~id x'o~, and shall have attached interest coupons to evidence the revere! payments of interest, which said coupons shall be signed by he fac simile signature of the ~ayor of said 'l'own, Said bonds hall o'ear a certificate duly signed by the Treasurer of said Toz'n erti~ving the certificates of indebtedness eqaa~, in amount to the ace value of the bonds befng issued have been deposited b:- the Town $] h said 'i'vwn ~'reasurer. % quid bonds, coupons and certificates 11 be in substant ia! ]y the following form: UI~irED SUAT~S UF Z~.~RICA STATE 0F FLOZIDA ~!,000.00 The Town of Boynznn,.A Liunicipal Corporation in the .County ~fa!m ~each and State of Florida, h~ereb:- acknowledge its indebtedness ~d for va. lue received, promises to pay to the bearer on the !st day Dece.ubcr, A. D. 19_ _, t~e sum' of 0I~ ?HOUSA!U~ D0']~ZAES ,gether with interest thereon from the date hereof at the rate six per centun per annum la~yable semi-annually on t~e 1st day i~)ecember and the first day of ~mue in each year, upon t~e pre- xtstion and surrender of the annexed interest coupons as the same 3pectively mature, both principal and interest being payable in .d coin of the united States of America of the present standard .ght and· fineness at the l~stiona~ ~ark Bank, of New ~ork City,N.y, ~'his bond is one of an issue of bonds of said Town of like ~ and tenor except as to d~tes of maturing, and aggregate the sram E~gh~y-five Thousand Dollars 1~8~,000.00~ and is issued for the pos~ of paying the cost oF certain street paving and sidewa!h ~ rovements in said Town, pursuant to ~nd in strict compliance with ~0n.stitution ~nd Statutes of the State of F~orida, i~c~.uding tions ~906, and 1907 of the Re¥ised Genera~ Statutes, Re~ision of 0, Chapter 88~8 of the ~cts of the ]~egis~-ature of ~9~, and Chapter 9 of the Acts of ~he ~egis~ature of ~92Z, and is issue pursuant to proceedings of the ~ommis~ion of said Town duly had and taken ~ respects a~thorining the sa~e, ~nd pursuant to a Resolution z adopte~ by the Town Commis~_ion of said Town on the gOth day of It i~ hereby certified, recited and declared that 3, co~nditions and things required to exist, to h~ppen and to be :ormed precedent to and in the issuance ~ ~his bond, 'exist, ! happened and h~ve been performed 'in due time, form and manner !equir',ed by ~aw, that this bond and the issue of which it forms ~t, toget?:e? with ~!l other indebtedness of s~id Town, does iezceed any debt or ot~er !im~t Prescribed by the Constitdtion ~,aws ~f said State. The full faith credit and res"urces of ~?own are hereby irrevocably pledged to the punctual payment Ie principa~ and interest of tP_is bond according to its terms. t. IN WITIYES$ ~'/P-/EP, E~F, the Town of Bo.vn~on h.~,s caused this ibe signed by its i~ayor, sealed with its corporate seal, 327 sted by its Town C!~rk and the inter~:st coupons hereto attached e signed with the fac simile signature of its mayor and this to be dated the 1st day of June of June, A. D. 1926. est: Town F0?J2 OF C 0UP0I[ On the 1st day of Mayor 19 $3 0. O0 the Town of ton, in Zhe County of Palm Death, State of Florida, will pay ear.er the s~m~ of THIRTY DOLLARS in gold coin of the United es Of America of the present standard weight and fineness at i~ationa! Parer BaDk in New York City, N. ¥.? being six months' rest on its improvement Donas Issue of ~une 1, 1926, NO. ~ayor FOPJ.i OF CER?IFICA'fE TO BE ENDORSED ON' ~0ND ~E of FL©AIDA ~ OF BOYi[TON The undersigned Town Treasurer of the To~ of Boynton, · ida, does hereby certify that Oertificates of Indebtedness equal mouat to the face va!he of Zhe issue of bonds of which this is have been issued and deposited b? said Town with the Treasurer ~aid ~'own, the funds collected for the payment of said Certificates Indebtedness to be applied 'exc]usi%e!y to the paten% of ~e of bonds. ?nat the aggrega~e amo~t of said Certificates of ~btedness is ~ight-five 'i'hcusand f'our ~undred 'i'hirty-two and ~00 ~85,432.66; Dollars, no p~t of which has been paid; that ,ond is~one of an issue of ~85,O00.0C., and that no bonds have Ssue or authorized to be issued against said certifi~a~ indebtedness other than the bonds herein mentioned. 117 WITNESS WH2~ROF, I have hereunto of£icia!!y set my and caused the sea! of said ',~o:vn to be fixed this day A. D. 1_926. 328 YAZIDATI()N CERT iFiCA l~£ ~'reasurer Validated and confirmed by Decree of the Circuit Court Fifteenth eudicial Uircuit of Florida, in and for !~alm County, made and entered on the________day of 1926. Clerk of the Circuit Court of the 15th eudicial Circuit of Florida, in and for Zalm ~each County. Sec. 2. '~'hat the Certificates of Indebtedness mentioned the prea=~ble of this ~eso]ution against which said bonds are be deposited with the '~'reasurer of said Town in a Separate Special fund to be known as the "Improvement ~und- an~ that the ds arising frown the' collection of said Certificates of Indebted- be applied exclusively to the payment of the principal and of said bonds. Sec. 3. what for the payment of the principal, of and retest on the bondsherein authorized, bhere be levied iH each while any of said· bonds sha'l be outstanding, a tax on all property in Said i'-o'~'.'n su'f.ficient to pay the prLnci?~! of interest on ~aid bonds at their several dates hOWever, that the amount of such annual levy m,sj be reduced amount of an? collections ~on the Certifieates of Indebtedness °ned in Paragraph 2 of thisk~esolution, aCtually collected and ~ing in sa~i lnprovement Fund of said Town. Sec. 4. That 21essrs. Yeomans & Brown, of West ~alm Beach, t.~., be, and they are hereby cons~ituted and appointed Spe. cial ~eys for said i'own for the purpose of drawing ~y papers necessary ~e issuance of said bonds and for ffiling suit in the Circuit Court .n: ~ach ~ounty, ~'lorida, to test the'va~idity of said bonds and ~o~eedi.~gs incident thereto. ~ec. 5. That a'! acts and proceedgins heretofore taken ~ offficia!s off said Town in the prosecution of the work of ~id 'e~ent~, the mak!ng of the assessments and the issuing of the ~icates of ~ndebtedness hereinbefore mentioned, be. and the ~r~ hereby approved, ratified, confirmed and validated. · ~assed by the Town Commission of th~: Town ~f Boston, .a, this 2~h day of ~u!y, A. D. 1926" And, ' ?;~P~AS, the Town Co=uissioners of the said To~ of n did, on t&e 7th day of $ep{ember A. D. 1926, at a re.!ar .g of such Co~missioners, pass and adopt an ordinance entitled: "~ 0~IN~[CE tF TH~ T07~ OF BO~TON, PA~.[ BEACH COITiTTY, STA~Z OF FLORIDA FL, L~ ~ T~ ~.~U.= 0F A PROPOSED ISSUE 0F SOliD~ 0F SAID Iii T~ S~.[ 0Y FIVE h~I~iU~D THOUSAI~ DOL~59~500,000.O0) TO BE ISSUED BY~ ?0'~ CF BOYTTON, FLORIDA; PIX- D~.,01,.I~. 1,2, 0F SAID BONDS AND P~CE 0F PAY- .iENT; PAOVIDIUG F0~ SAID BONDS T0 BE COUP0~I B0~OS FIXIZG T~ ~TE 0F '~ .... l~,.~z,~ST- T~ PU~0SE F0[~ WHICH -~ DERIVED ~ ........ ~.~. ~ '~ ....... .nE~FR01~ SHA[~ BE EXPE~DED; IiTTEI{Ec~ ASSESS.~.~ POP, FOEL A~TD , .~.~_o~ SAIDBOI~S. PRE~CEIBIi~G THE - DEiTOLIIiIATI~'~' ~ F SAID BOITD$. PROVIDII~G FOR APPROVAl; PROVIDIi[G FOR A SEP~:,iTE ACCOUi,~ OF BOITD ISSU~ SHOWIiJG T~ IE!i.iBER AI~ ~,iOITIIT OF ;[aaz~AS, in such ordinance providing for the issuance of dred Thousand Dollars ~500,000.00) negotiable coupon bonds id .Town of ~oynt3n, ~18,000.00 of Such f~ds was ~or the .rpose of refunding outstanding indebtedness of the said Town of ynt on. i~O'.,~ THEHEFORE BE IT RE$01~VED BY THeE TOWI; COL[.[IS~IO'_.~ aF E 'i'O'/i~ OF BOYI~T(~, IN PAIA[ BEACH COUI[TY, FLORIDA: Tha~ there be and there hereby is appropriated out of and om the proceeds from the sale of the Five Hundred Thousand Dollars ;500,000.00) negotiable coupon bonds so to be issued as provided in e ordinance hereinbefore mentioned, after a deduction therefrom the proportionate share of discount, if any, which siad ~18,000.00 a~l bear to the total arno:mt of bonds.so issued. ]~e It Further aeso!ved that such $18,000.00 sha!l be used r the following purposes t0-wi~t: the sum of $17,000 80 thereof to used in the refunding and payment of the principal sum of improve- nt bonds of the 'A'own of ~oynton, florida, Issue of ~une 1, 1926, d numbered from 1 to 17 both inclusive; that the remaining sum of e '~'housand ~ ]3~:!ars ~!,00).00~ shall be used to apply upon accrued retest thereon. oe It Further Heso!ved that, upon receipt of 'the proceeds om the sale of the ~'ive hundred Thousand Dollars ~$500,000.00; gotiab!e Coupon bonds of th~ said '~'own of ~oynton, that the Town srk, ~ayor and ~'reasurer of the Town of ~oynton.be, and they here- are, -u~horm.ed ordered and directed to make payment of and re- re seventeen ~!71 improvement bonds, ~ssue of J~mn~ ], 19_26, in the ~ 'of t'ne '~'housand Dollars ~1,000.00) each and numbered fr.om 1 to [both inclusive, as provided in this resolution. ~ i '~'his ~:eso~ution passed and adopted this the 4th day of r, A. D. !926. ~roved.: ~ rSS1 Upon motion made by Commis~io~er~Winchester, seconded ~y Commissioner myers, the following reso~_ution was duly adopted: WHEREAS, Central Boulevard, hathaway Avenue, ~.aston Avenue, 'tis Avenue, Fark Avenue, bade Ztreet, [lang Street, Sheppard Street, ~treet and ~eone Btreet are pub!:[c streets and highways in ~'own of t~oynton, ~lorida, extending es~st and west across the and railroad right-of-way off th~ Florida East Coast ltailway , each and all of such streets e:~tending from the Dixie ~igh- on the east to the following streez.~:'on the west, respectively, AND, WHEP~EAS, ail the said streets have been dedicated use of the public and have been 'opened, or are being .Opened, with the consent and authority of th~ mown Oom~nission of the of ooynton on each side of the said railroad and the said Fall- right-of-way, -and up to the said railroad on each side thereof, there has been no suitable or satisfactory crossings placed, , or c.~nstructed so that the public in'general can travel along Said ~reets, over and across the s~id railroad, and the said right-of-way, ?~'~_~ere the same int~rsects said streets; AIJD, WHE?~EA~, it is deemed.necessary, advisable and to the interest, and for the public safety, of the .mown of ~oyn~on and lnhabi~ ant s ' thereof, that a suitable crc, ssi~g be made and con- Where each and all the said streets named ab.?ve intersect railroad and the said railroad right-of-~,.ja:~, so tha~ the in general can cross over the said railroad and the said rail- [right'°f~way while traveling along e~ch and a~ the sa. id streets; each and al~ the said streets should be declared public ' highways and thoroughfares. ~0W, ~REF~H~, BE IT HESOIV~£D by the Town Commis.~ion o£ 'town of ~oynton, t~a!m ~esch Count:?, florida, as follows: 1. ~hat said streets, namely, 5entral ~oulevar~, n~thaway ~enue, E.,..~on Avenue, Curtis Avenue, -~ark Avenue, Dads ~tree~, !ang ~treet, ~aymond Street and ~.eone ~treet, and each one thereof, and they h~reby are, declare~ to be public thoroughfares and s in the ~'own of ~oy[~ton, such streets extending from the . =ighway on the east, over and across the right-of-way oft~e orida =ast Goast nai!way ~ompany' to the street~ named in the .~e:~:ises on tke west respectively, the width of each of the said being as follows: Uentra? boulevard ~athaway Avenue East on Avenue Curtis Avenue ~ari: Avenue ]3ade ~treet ~hepard ~treet Zlang ~treet 60 feet 50 feet 50 fe et 70 feet 70 fe et 40 feet 40 fe,t 40 fe~t ~,ay.'uo nd ~t.reet 40 feet Leone ~treet 40 fe et 2. '~'hat, each and all o.f the streets specified in agraph one last set forth be, and they hereb~ are, dedicated to perpetual use of the public thro~gh ut the entire .length of ~h of tbs saA~d streets, as is specified above. Z. 'that it is deemed necessary, advisable and to the best rests and for the public safet[; of the 'town of ~oYnton and the ants thereof, t'hat a suitable eros.sing should be constructed, .and erected where each of the streets named above crosses over raj!rose and railroad right-of-way o:: th~ Florida ~ast Coast lway Uompany,e~for the full '~¥idth of each of the said street~, ?. crossings to b~suitab!e for the use of the public in crossing r.the said railroad ant railroad rigb. t-of-~,~ay; and.that so much ~:he right-of-v/ay and railroad of the said ~'lorida ~:ast Coast ]way uo,'ni~any as is' necessary for a crossing where each of the d sire. ets cross the same, shoul~ be condemned as is provided by and crossings should be est~b]ished in accordance with the pro- Sions oi' the Statu~e of the ~tate of ~'lor~da; and that mccoy & nc:, atZcrneys for the 'i'oWn of Doynton, Florida, be, and they racy are, instructed, empowered and directed to institute such ~ ~c-~,edi~js for, and in the ma:ne of the said ~'own, as may be necessary !. C~ndemn so much of the right-of-way of the ~'lorida ~ast Coast l~ay ~'~,'npany as may be necessary for a suitable crossing on each ~L!I of the said streets, such crossing in each instance to .be ~ull '~¥idt~_ of s'~ch streets; and to institute such other and ~ker proceedings and to g'ive such notices as may be necessary ~Ompe! the s,aid ~'lorida East Coast ~:ailway Company to construct, id and ~aintain such crossing on each and ail the said streets, ha% the san~c ¥~,i!l be suitable for the use of the ?mb!lc in 'elin~ a~on¥ each and all the said streets v;here they dross ever r'ai!rc~:d ....... _" and rai!r~}ad right-of-way of the Florida (~'oast r:a- wa/.- v/here the same iutersects with each and all of ~treets,