Minutes 07-03-45REGULAR ~TING OF JULY 3, 1945.
A Regular Meeting of the City Oo~aissioners of the
City of B0ynton Beach, Florida, was held at the City Hall
on Tuesday, July 3, 1945 at 2:00 otcloak
Present :~ '*illiam Jo Daly Mayer
B V 'Tatte rsa!l V Mayor
A V Petersen C Clerk
The above constituting the entLve Boa~i of City
Commissioners of the .City of B°Ynton Beach, Florida.
The Minutes of the Regular Meeti~ of June 5th, 1945
were ~ead and approved as-read~
The Minutes of the S~ecial Meeting of June 1Sth, 1945
were read and approved as read.
Upon motion m~de~ seconded and duly carried, the followJ
ing bills were approved for payment:
South~n Bell Telephone Co
Hoods Auto Service
Paul Merce~ ~.20
McCoy~ s Garage 9§. 50
Austin Supply Co
Farguhar Machine~ ~o l~.~0
Ju~ey~s RepOt Bhop ~91~1
Fla. Powe~ & Li~ ~o
Menoher & N~s
The following letter was read:
~est Palm Beach, Fio~ida.
June 2Vth~ 1945.
To the Nayor and Co~nissioners
of the City of Beynton Beach
Boynton Beach
Florida
Gentlemen:
Answering yottr inquiry of a few weeks ago, concerning
the cancellation of all assessments heretofore levied
by the Tow~ of Boyntoa, now City of Boynton Beach, it
is my'opinmon that sine the dtvis~ion of the town and
refinancing had.som~ years ago, the C~ty of Boynton
Beach has the rmght to cancel any and all assessments.
This might, perchance, raise the questiOn of a refund
to those who have heretof~e paid their assessments.
Howeve~, upon the tt~ory that ever~ man is presumed ~
to know the~ Iaw, thus if the assessments were not
collectible by reason of s~ch division of the town and
refinanciug~ any payment c£ assessments heretofore made
would natura!~ be construed as voluntar~ payments.
This matter no doubt becomes largely a matter of Judg-
ment to be properly exoercised by the gove~ntug
authority of the town.
Very truly yours,
(Signed) Newman T. Miller."
Upon motion made by Commissioner Tattersall~
seconded by Commissioner Daly and duly carried, the
following Resolution was passed and adopted:
RESOLUTION
WBEREAS, in the opiniOn of Newman T, Niller,
City Attorney, the City of Boynton Beach has the right
to cancel any and all assessmer~ts, and~
~REAS, it is deemed to be fai~, just and to the
best interests of the citizens~ inhabitants and tax-payers
of sail City that all outstanding assessments be cancelle~--=
THEREFORE BE IT RESOLVED by the City Commission of
the City of Boynton Beach, Florida, that any and all out-
standing assessments for street pavi~zg be cancelled
BE IT FURTHER RESOLVED that the City Clerk be-, and
he. hereby is o~dered and directed to cancel an~ and all
special assessments for street paving sni to cha~ge the
same against the Su~pl~s Account on the books of the City°
The following lette~ was read:
"~est Palm Beach, Florida.
June 2Vth, 19~
To the Mayor and Comissioners
of the City of Boynton Beach
Boynton Beach, Flo~ida~
Atten: A. Vo Peterson, Clerk
Gent leben:
Due to the fact that my law partner and son, Wareing T~
Miller, is and has been fo a long time i~ the service
and is now overseas; and 'due to the l~ther fact that
my practice has continual~ increased to such an extent
that I am compelled to cease representing certain clients,
I most respectfully ~equest of the City ef Boynton Beach
to secure other counsel and thus relieve me to that e~tent
of my very heavy burdens.
Will you kindly advise me to the effect that you have other
counsel, bearing in mind ~hat I shall be glad to represent
you until you .have had a reasonable time in which to secure
advice f~om another sou~ceo
Thanking y~ I am, with best wishes~
Yours very truly,
(Signed) Newman T. Nillero"
Upon motion made~ seconded and duly carried,
~. Miller, s ~e~ignation was accepted, with thanks for
pas tbservice s.
Upon motion made, seconded and duly carried, it was
decided to n~tify p~operty owners t~t the~e would be no
further abate~uenb of taxes afte~ August
There being no further business th~ meeting adjourned.