Minutes 02-03-28 SpeCIAL I/EETING OF FEBRUAE¥ 3rd, 1988.
~ special l/eetln~ off the Board of Town Comnlsstoners of the
foen cf Boynton, Florida, was held at the Town Hall of the Town of
~yn$O~, Florida, Friday Morning, February 3rd, 19~8, at 9:30 o'clock
Present: R. 0. Myers, Mayor
Harry Benson, Vice-Mayor
Z. L. ~finchester, Town Clerk.
above constitut.~n~ the entire Board of Town Comn~ssioners
ef the Town of Boynton, Florida.
Co~nissioner E. L. Winchester moved
leein~ resolution:'
~FAS, the To~ of Boynton, in Pal~ Beach Oo~ty, Flori~
~ r~eived a de~ for settlement, adjustment ~d pa~ent of
~te oWin~ the ~ite ~8truot$on Co~ for labor ~d mteriale
~ed and i~rovements ~de for the To~ of ~ton a~ which
~d is as follows, ~-wit:
the adoption of the fol-
"February 1, 1988.
~m. ~oard of Conmissioners
~een of Boynton,
~rynton, Fla.
~ntlemen~
On September 10, 1986, the White C~struction Company
Itered into a contract-with the Town of Boynton to furnish
satezial, and labor, and perfor~ certs street improvement work
~ltkia the ?own of Boynton. in
This work was completed ~une 1, 19~7
total cost, under the contract, of 504 587. .
an_d wo_rk and the cost th $ ,_ 54_ ._ This con-
e o~ the --~- ....... ~reo_f are_in accord w~th the
=-~=~ oz ~ne Town of Boynton.
?o date, on the above work, there has been
ti, n Oo an th paid the ~hite
mp Y · sum of 313 700.00 r
eh. , epresented by street
__. bonds of the iesu~ j 0otober 1. 1 9~ a~A ~,,~...
~w:tn~ th' ~*' ......... ' 9 ..... ,~..=...
mp ny of $190,887.54.
4O
On MaY 4, 1927, the White Construction Company entered
a contra_ct w~t_h_t_h~e~,T,o,~___o~ B_oy.nto.n_.t.o f.u.rni_sh labo_r and
into . ._ o~d nerzO~-m ~x~zO~LA WOrK Wl~ln ~e TOWn Of Boynton
erlS~ --' ~ st end
sst - ~+.*,t- on the Ea of Ocean Avenue, on the West
on Ccc .... Avenue and on the South end of Palmetto Street.
~nder
- which is ~,~'.~x- There nas oeen no part of this
f~ - ~ and nothing received on account thereof.
On June 14, 1926, the White Construction Company entered
into s cont.~_c.~ .wi~h th~e.~ToWn of_Boy.ri.ton fo.r the furnishing of
~aterial8 and ~ao?r ~n~.~ne_9o. ns~ru.c~on cz a system of sewers '
a~d wewer di.sp.o?aA _P_~x?:.?.nzs .worm .wa.s_oo_m~_l.?t_ed in ~une, 1927
at, cost aaa uae .oo-~,~ Pwe~eCetoOXb~e-SO~,S.OS. On the sewer
~ete" and ~iepo.sax.p.. "' o'' ' _ l~ , ur~der our agree-
aen% and ccntrao~ wx~n ~ne x~y, xn cash. The White Construction
~pan~ has received nothing on account of this sewer construction
or the material or labor furnished.
According to the foregoing and which is in accord with the
est~uates furnished by the town's engineers, .there is a total due
~he White 0onstrudtion Company of $364, 860.$$
We have been extremely patient and have not pressed your
~onorable Board for a settlement of the above account, but out
patience has become exhausted and we do demand a full, complete
and final settlement and adjustment of the foregoing account.
Very truly yours,
The White Cons't. 0o.
By: M. E. White.#
And, WH]~EAS, the Town of Boynton is Justly indebted to
~ho Faite Oonstruction Company for the improvements and in the
mount8 set forth in such de,~_~d and has heretofore agreed tD make
payuent to the White 00nstruction Company a8 outlined in their
Mid oommunication.
]WOW TH~EFORE, Be It Resolved. by the Town Commission of the
Town of Boynton, Florida, that 8uch town is lawfully and Justly
indebted to the White Con8truction Company for the improvements and
amOUntS set fforth in the communication hereinbefore referred
' Be It Further Resolved that an adjustment, settlement and
payment off the amount so owing to the W,aite Construction Company
be adjusted, settled and paid in .the following manner, to-wit:
(a) That the Town Commission do issue, validate and de-
liver to the White Construction Company its ne-otiab,-
coupon street improvement bonds c~---~i-- .... ~- -e
$S50,000.00 heretofore made in the additional sum of
~110,__0~_.~0_0, _m~.i.ng th.e %_g_gregate amount'of such issue
at t
the par value thereof and that such amount do be
credited upon such indebtedness.
(b) ?hat the ?own Commission of the Town of Boynton do
issue and deliver unto the White Construction Company
its improvement lien certificates of indebtedness a
against the properties affected by the improvement ~
Oocoa Street,
the East end of Ocean Avenue the
of Ocean Avenue and t~- ~..-- ..... , Uest end
such improvement lien ce-+-~-. ......... $ rest,
in the aggregate -*---~=~ ox xnaeo~eaness to be
amount of $5B, 565.35. ~hat such a
gate amount of improvement 1~ .... ..... ggre-
nes. s_to be deI~vered to the-~+.-~;f-~_z.~c.a_~-e? of_indebted-
_ns rot a orediT uDon t~ ...... ~ ..... mp y as
Construction Com~a,'v ,+. +=- - - n_g ~e said ~hite
lien certifica~ TM -' .as par vaAue ox such improvement
(c) Tha~ the remaining sum of $198, ~95. 51 b
amount still owin~ t~ ~h. w~+- - - , sing the
an-- - .... .~._-- :-~ .,-..e ~ons~ruction Company after
appAxca~xon ox ~he ~oregoing a~ounts and credits there-
on as aforesaid, do be paid, set$Ie~ and adjusted in the
following manner, viz:
1. The sum of $75,000.00 in. cash to be paid immed-
iately upon acceptance of this emtline of adjustment and
settlement. - ..,?
_ ,2. The further sum o-f $1~1,~95.51 t
.~aite Construction Oem~m= ~ - _ _o be .paid to the
xmmediate future. ---~--~ ~y the ~Own o~ Boynton in the
Be It Further Resolved that the Town Treasurer of the Town
0f ~oynton be, and he hereby is, authorized, ordered and directed
t~ °Ommunicate with the ~hite Construction Company, advising them of
~s foregoing proposed method of settlement.
Be It Further Resolved that, in case or in the event the
prOPOSed method, of settlement and payment as is herein set forth
shall be accepted or acceptable to the White Construction Company,
the Mayor, Town Clerk and Town Treasur.er be, and they hereby are,
&uthori'zed, ordered and directed to do and to perform any and all
acts and things necessary, requisite or expedient to the conduct
of such business or things as may be necessary or appertain to a
complete and full adjustment, liquidation and payment
debtedneSs to the White Construction Company as is set
this resolution as a proposed method of payment.
of such in-
forth in.
Be It Further Resolved that the Mayor and Town Clerk be,
and they hereby are, upon the acceptance of the foregoing proposed
aethod of payment, authorized and directed to make such payments
to the White Construction Company as are by this resolution con-
templated. , . .
This resolution passed and adopted this the 3rd day of
February, A.D. lg~8.
Oommissioner Harry Benson seconded the motion for the
adoption of the above and foregoing resolution and, upon being put
to a Vote, the following vote was had thereon:
Con~issioner Benson
Commissioner Winchester
Commissioner Myers
'Aye,
'Ay · s
'Ayes.
~ereupon, R. O. Myers, Mayor presiding, did declare such resolu-
tion to have been regularly passed and adopted.
No ffurther business coming beffore the meeting, upon
~ction regularly made, seconded and unanimously carried, such
jesting did adjoUrn.
Mayor.
7t oe-Mayor. -
Town Olerk. -