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Minutes 09-07-37REGULAR ~TING OF SEPTEMBER ~, 19~Vo A Regt%lam Eeeting of the Bos~d o£ To~n CommiSsioners of the To~n of Boynton, Florida, was held at the Town Hall Tuesday evening, September 7, 1937 at ~:30 otclock Present: M. A. Weaver, ~yor N. E. Weems, Vice Mayor A. V. Peterson Town Clerk The above constituting the entire Board of Town Cem- missioners of the Town of Boynton, Florida. The Einutes of the Regular Me.ting of August 3, 193V were read and apDroved. ........... Upon ~0tion_~F~e ~y Co~i~s~ner. Psterson, seconded by Co~issioner Weems and duly ca,tied, the following bills were approved for payment: kuderson Garage $ 21.8~ Jackson P~intingCompany Fenole Chemical Company 16A00 Crawford Price (Hauling) ~0 J. A. Price (Hauling) ~AO~ Paul Mercer (Std SS) Fla. Power & Light Company 9~.90 Upon motion made by Co:~nissioner weems, seconded by Con~nissioner Peterson ar~ duly carried~ a permit was g~anted Louise Audaer to build a dwelling and garage on Lets 14, Block 2, W. S. Shepard's Subdivision. . Upon motion ~ade by C~is~ioner ~een~, seconded by Commissio~er.pe~rson. and du~y_~arri~,~ Chas~ente. wa~. g~anted a. lic$nse to sell lio~or at retail for consumption off the premises- located in South store of bank building. OP~DINANCE NO. lSO en%i~ied: "AN ORDINANCE OF THE TOWN OF BOY~TTON, PALS~ BEACH COUN~/, FLORIDA, A~IENDiNG SECTION 4 OF ORDINANCE NO. 105 TIT~ i"AN 0~I~NCE ~ T~ T0~ B0~TON, PALN B~CH C0~, FLOR~A, PROVinG FOR ~OUPAT!0N~ T~ES TO BE I~O~ A~ CO~T~ F~M ~ P~SON, ~ 0R C0~0~TION ~N T~ T0~ 0F B0~TON~ ENGAG~ IN 0R ~GING ~S~SS, PE~SSION OR ~ATiON; PROV~ING FOR'T~ ISSUANCE ~ LICEN~S T0 ~ ~BON, FI~ 0R CO~0~ION ~GAG~ IN OR ~AG~NG ~ PROF~SSION 0E ~PATION; ~ ~OU~ ON AC~0UNT T~:~0P; PROV~IN~ F~ A P~A~ FOR ~I0~TI~ 0F SA~ A~ ~0V~iNG FOR T~ ~P~ was p~ced ~ mt s f~st Upon motion made by Commissionem Weems, seconde~ Con~nission~ Pe~emson~ Chiles Kaz~wa~iwas employed c~take~ at "Central Pa~k" mon~, to t~e effect i~edia~e!y. A discussion was had conce~i~ the negc~ssity fop a mat-p~oof buildi~ to h~se the fi~e t~uck. ~yo~ Weav~ appo~ted Fi~e C~ef C~s. Senior, A. Paul Eemc~ on a C~ttee to furnish plus ~d ~e an estimate of the coat of such a building fo~ mat~ials. ~. Chas Senio~ Managom, Florida Powo~ & Light Co., r~ques~ed that the mocting be reoessed for a few days as he wished to present a proposition f~om tke Florida Powe~ & Light Company and he had not received the l~ps~s as yet. Thereupon, by unanimous agreement, reoossed to Septembem 22nd, t93V at 8:00 o~clock P. M. At 8:00 of clock P. M. Wednesday evening~ Sept 1937, Mayor Weaver aga~_u called the meeting to. order, the~e being present al! members of the Board of Town Commissioners. After considerable discussion, the following proceedings ~e~e had: Upon motion made by Commissione~ Weems and seconded by C~mmissione2 Pete_~son,. the following Resolution was duly passed and adopted: APPROVING A PROPOSED BIL~ OF SALE THE TOVfN OF BOYNTON, PAL~ ~ACH COUN~ff~ FLOR~A, ~LLS~ COi~V~:TS, TRANSFERS A~ DELVERS TO FLOPZDA PO~'~ & LIG~ CEF~AiN "~YTE WAY~ STRUT LIGHTING SYSTE~ CO~LETE, TOGET~R..WITH TWO (2) OT~R ST~T L!G~S NOT N~Wfi~D ~TEE~TING OUT T~ T~ _&~ CONDITIONS UNDER ~ICH T~ SA~ T~,~ SP~LL SE/J., CON~, T~NSF~R Ah~ D~IV~ TO FLOR~A PO~R & LIG~ CO~ SA~"%~ITE WAY" STRUT LIG~ZNG ~ST~ A~ T~ ~ TWO START LIG~$$ A~HORIZING A~ DIRECTING T~ ~OR ~ TOV~ C~ OF A~-ON B~ OF T~ TOW~ OF BO~ON~ P~ BEACH COU~Y~ FLORIDA, TO ~CU~ THE SA~ BILL OF SA~ ~ SA~ "~T~E WAY" ~STE~ ~ ~ SAID TW~ (2) CERTAIN STRUT LIGHTS A~ SO~, CO~EY~ ~N~N~ ~ DEL~E~ BY THE TO%~I TO FLORIDA PO?~R & LIG~ BE IT RESOLVED B~ff TEE TOVfN COM~ZSSION OF THE TOWN OF BOYNT_0N~ FLORIDA: !. ?nat the proposed Bill of Sale with the Florida Power & Light Company, whereby the To~n sells, conveys, t~ensfers and delivers the Town,s "~ite Way" Systems and two (2} certain street !i~ts to Florida ~owe~ & Li~o~t Co~any~ as set ffomth in Section 2 hereof be and the same is hereby approved as to fo~m and sub- sSa~ce, 2. That the Mayor and Town Clerk of and on behalf of the To~n be and they a~e herebY~uthorized and directed to execute the Bill of Sale approved in Section ! hereof and hereinafter set Forth in form as follows: BILL OF SALE KNOY~ ALL ~EN BY THESE PRESEntS: That the TOV~N OF BOYNTON, IN PALR~ BEACH COUNTY, FLORIDA, a ~nicipal co~po~atlon o~ganiz~d and existi~ ~e~ th~ laws of the State of ~ty of the F~st o~ and .~ p~t~ f ~ c~nside~atio~ of the Ten Dol~s ~$10.00) to it paid ~ FLOR~A P0~ER & LI~T a co~po~ation o~g~ized ~ existing ~e~ the ~ws of the State of Florida, ~ of the second pa~t, and fo~ othe~ good ~ valu~ abl~ oonsid~ation~, the ~eceipt of ~nich is hemeby ao~_owl.dged~ has ~ted, ba~ga~d~ sold, t~sfe~d ~ud de.vexed ~ by these p~es~nts do~s ~ut~ b~ga~u, sell~ t~sfe~ ~ delive~ th. said Florida Powe~ & Li~t Co~o~y, a~ ~ope~ty located ~e To~ ~ Bo~ton, in Pa~ B~a~ C~ty~ State of Fto~i~ i~t~ d~sc~ibed as foll~s: ~mat certain ~ite ¥~ay~ Street Lighting System, plete, with all thiz. ty-one (3!) Hollow Spuu Pests, (made by Westinghouse ~s-uufacturing Company)~ all glassware. fLxtu~es and app~?tenances thereto, together with all BLuderg~ound Cables, Conduits and fz~tzuos fo~ming said "'~nite Way~ Stree~ Li~ting System, owned by the pa~ty of to_e first part ~ud now located and Lnstalied in the Town of Beynton, Palm Beach County, Florida, and larly described on d~awlng A-I!3V attached he~eto and made a pamt hereo£, and those certain two (2) Hollow Spun Posts (Westinghouse ManufaeturtnM Com~.n¥), complete, now ov~ed by the party off the first cart and located in the Town of Boynton, but ~ ' nob now ~nst~l!ed as of ~ ~ a oa~t __ said "W ni~e Way" Street Li~ting System, together with all app~en- antes themeto. Also that certain ~nite ~ky" Strsst Lighting System~ compl~te~ with slx (6) Holl~ Sp~~u Posts~ (made by ~estin ~se E!e~ ~ ~ ~ · . . gh .... ~t~_c and ~anufaot~ng Company). and n~ne~een ~l~ ~einforced conorets "~nite Way" ~o~ts (~de by Eiami Post Com.~any), all glassware, fixtures and appu~tens~ces the~e~o~ toge~e~ with all Unde~d Cables, Conduits ~ fittings fo~ t~e said "~i~te Way" Street Li~t~ System~ ~zned by th~ pa~ of the first part ~d ~ow located m~ installed ~ the B~s~s Pa~k sec- tion of the To~ of Bo~nton~ Pa~Beach Co~ty~ Florida, and mo~e particularly described on d~awi~ A-113V-A attach- ~d hemeto a~ ~de a pa~t he.eof. Alee tD~t e e~tain "~7~ite Say" Street light~-ug System, completes with foum (4) Holl~ S~ P~sts (made by West~ouse Elee~Pic ~ ~ufac~ Company), a~ ei~t (~) ~ay" pests (~de ~y ~mi Poet Comfy), all glaes~ ~re, f~em ~d appumtenances thereto, togethe~ with all Undem~d.Czbles. Cendufts ~nd ~mttinE~ fo~ming the samd "~ite ~ay" Stmeet Lig_hting System, o~ed ~ ~e p~ ~f the fimst paPt ~nd now located ~d ~stal!ed ~ the Bo~ton Hills section of the To~ of Bo~ton~ Pa~ Beach County. Florida~ and more p~- ticul~ly described on ~awi~g A-11~V-B attached hereto a~ ~de a pa~$ he,eof. A_so that ce~azn ~hl~e Way Strev~ ,.zght~ng Sys?em~ complete~ with thz~ty-one (31) ~e~o~ced "~e Way" posts~ (~de ~ E~i Post Core, ny), getke~ with ~l glasswa~e~ fixt~m~ ~d app~ten~ce~ thereto fo~ming the said ~ito Way gg~eot Li~t~ System, o~ed by th~ pav~ of the f~et paint, ~d now located ~d ~stalled ~ B~ton Place S~odi~sion in the T~ of Boynton~ Pa~ Beach Co~, F loPida, ~d ~o~e ~icu~ly described en d~Lug ~i13V-C attached he~e$o a~ ~de a pa~t hemeof. Togethe~ with eveny ~igh$~ pmivilege, pez~mit and easement of eve~ykind aud matte of the pa~ty of the first pamt in, to~ and in connection wit~T, t~e said "~fnite Way" System now located and. iD~talled in the Tow~ of Boynton~ Palm Beach County, Flomida. TO HAVE AND TO HOLD the same unto the said pa~ty of the second pa~t, its successors and assigns, forever. ~h~D said party of the first pa~t does fo~ itself and its successoPs covenant to and with the said party of the second pamt, its successors ~nd assigns, that it is the lawful owne~ of the said property above described and that said property is free an.d e]~ ar of ~!1 lienS, encumbrances a~ c~rges whatsoever, and t~t it ~s good right and law- ful au~ori~ to s~ll the s~me as ~on~said~ and that it wi~ ws~ant ~d defe~ ~ne title a~ th~ sal8 of th~ said pmopenty hereby made ~to the said panty of the second p~t~ its successors a~ assigns~ against the !a~ui c~im~ ~ud de~nds of al! p~sons whomsoever. IN WITNESS V~qSkREOF, the said party of the first pamt has caused this inst~ent to be executed by its duly au~uorized officials and its corporate seal to be affixed this 22nd day of September, 1937. Signed, sealed and de- tive~ed in the p~esence of: T0%%q~ OF B0~0N, PLORIDA By ATTEST: ADproved as to Fo_~m and Correctness this _day of ,19~7. ~tto~ney for Town of Boymton, Florida. Upon motion made by Commissioner Weoms and seconded by Con~uissioner Peterson, the following Resolution was duly pas~ed amd adopted: APPROVING A PROPOSED LETTER AGREEmeNT WITH FLORIDA P0~ER ~ LIGHT C01~PA~U~ PROVIDING _~OR TA~ ~NI~R OF C05~R0~SE A~ SETTLE~:~ 0F T~ DATE 0F T~E SAID LETTER AGR~I~T $1500.00 REPRESENTING ~ L~P_~TD THAT CE~AIN~CERT~iCATE 0F TNDFBT~5~SS DATED ~LY 5, 1933, GIVEN BY T~ TC~N T0'T!~W C0~PA~ IN T~ PRINCIPAL ~0UNT 0w ~224~.00 A}~ SE~T- lNG O~ T~ TER~8 P~ CONDITIONS U~ER ~iCE T~ SAiD CERTIFICATE 0F II~EBTED~SS IS T0 BE C0~- PRO~SED AND S~TLED~ AU~0RIZING AND DZR~ECTiNG 0F ~ T0~VN 0F B0~0N, FLORIDA, T0 ~ECUTE ENTER IRT0 T~ SAiD PROPOS~ L~T~ AG~E~NT ~Z~ FLOR~A POWER & LIG~ C0~P~. BE IT RESOLVED ~ ~ TO~¥~ CO~IiSSION 0P T~ TOWN OF B0~ZI~TON, FLORIDA. 1. T~t tbs proposed Lette~ Agreement between t_e~ Town and Florida Powe~ & Light Company, which is herein- after se~ forth in form in Section B hereoF, be and the same is hereby approvBd as to forum and 2. Fnat the Mayor and ~ ~Tewn~ C!erk half of the To~n of Boynton~ Florida. be. mud_ they are here~ by authorized and directed to execute az~ enSer into with Florida Powe~ & Light Company the p~oposed approved in Section I hereof and he~einaft~ set forth in form as follows: To~ of Boy,ton Boynton: Florida ~ent !emen: This relates to that certain Liquidation Letter AgTeement between u ~ ' ~ ' ~. s daoed Seotemoer 30, 1938~ set~zng out a liquidation plan Covering the indebtedness ~wed to us by you as of August 31, 1936. In view of the fact that in consideration for that certain Bill of Sale dated the da~-bf .... 1937, '~v~ delivered to you ma~ked "p~i~~ all o~e"t.o~e ~ ~e~tifi-' cares of Indebtedness coversd by the ~said Ietter Agreement, with th~ exeeptio~ of th~t'certain'~Cerbiribate cf Ihdebted- ness ~ted July 5, 19333. ~i~h~,ertzfzcat~ ~ ' ' 6f -~ ~znaebtedness was ~educed as oa~t of the consiOeration of the said Bill of Sa!e, tc ~15~0,00,. it is mutually agreed and cove_~an~e~ ' as follows: 1. That in orde~ to ~eti~e the past due principal amount of the said Certificate of indebteduuess dated July 5~ 193~, (Excluding interest) to wit: $1500.00, the Town will n~ke annual payments to us on or before, and no~ later than April 30th of each yea~, the stem of $500.00 until the said principal amount of $1500.00 has been paid in accordance with the following schedule: ~h~ tax collection '' I~ing '- ~ November, 1937~ to April 30, 1938 . . . $500.00 Dttring the tax coll~ctzon period from Nove~Der, 1938, to April 30, 1939 . . · o . 500.00 During ~ ~_e tax collection period from November 1939, to April 30, 1940 . · . 500.00 2. That~ as of April 30, 1940, if not defaulted in making any of the payments as-~ere~nbefore set forth in the schedule contained i~ Section. 1 hereof, we shall consider-the total amount of the sai~ indebtedness. to-wit: $1500.00 represented by the said-Certificate of Indebtedness dated July 5, 193~ oaid in full and we shall deliver the said Certificate n~.rked ~Paidw to the Totem. 3. That so long as the To~ is not in default in its payments as set out in the schedule horeinabove in Section I no additional interest shall accrue on the re- mai$ing principal amou_ut of $1500.00 covered by the said Certificate of Indebtedness. 4. Ti~at ~ the Town fails to carr~y out the terms smd conditions of this Letter Agreement we shall be fully released from the tez~s of the said Letter Agreement and we may proceed to enforce any and all legal or equitable rights which we may~ave against the To~m in conr~ection with the collection of the said unpaid principal amount of $1500.00 covered by the sa~_ Certificate of Indebtedm. ess dated July 5, 193~, together with all interesb due thereon and in de- fault from the date of this ~tter Agreement less any pay- men2s madeb~yt~he Tow~ to us on the said Certificate of I~ebtedaess ~st as if this Letter Agreed_out had never been entered into between us. 5. That it is distinctly ~derstood s~d-&g~eed~'~hat except as expressly provided hereunder ~his' ~ett&~ ~g~eemenb shall in no way be considered to releas~ the Town from-the obligations Contai~ed in the said Certificate of ~ndebtecluess dated July 5, 1933, and that the said Certificate of ~ndebted- ness shall reEain in full force and effect~ 6. it is understood and agreed that this Letter Ag~eemen~ shall be deemed to superEede the said Letter Agree- ment now in effect between us dated Septe~oer 30, 1936. If you agree to t~e foregoing~ kindly so indicate by causing this letter and tb~ attached copies to b e executed by you~ duly authorized officials under you~ corporate seal in the spaces provided below for that purpose. Yours very truly~ se=onded by O~Ss~cnem Pe~e~$~)m, the foltewi~ Resell- was ~uly passe~ and APPROVING A PROPOEED LETTER AGREE~EN~ ~ITH FLORIDA PO~ER & LI~T ~ P~ING ~R S~ LIG~ING ~D ~ ~i~ O~ T~ RATE ~E~ CO~A~ IN T~ ~ ST~ ~!~ING AG~: ~ PR0VID~ FOR T~ PA~ DA~ PROVIDING ~I~ BE ~ RE~OLVE~ BY THE TO~N GO~bISSION OF T~ T0~ 0F BOY~ON, ~0R~A: 1. ~ the pr~pese~ ~$tem ~e~$ ~tweem the To~ oF Be~em ~u~ ~ida Powem a Li~t Ce~, which is he~e~afte~ se~ fe~th in fo~m ~ See$ien ~ ~re~f, be ~ t~ s~e is ~me~ appreve~ as to f~ ~d subst~ee. ~. ~t the Nay~ a~ %~ To~ Clerk ef and on be- ~lf of the To~ of Boston be a~ ~ are ~ autherized ~d d~ected ~e execute ~d e~te~ ~to with Flo~l~a P~e~ & Light Cempa~ ~e said Letter ~eement aDp~*ved im ~e~io~ 1 hereof, ~d here~te~ set forth i~ fo~ as ~el!ews$ 193~. To the Town of Boy, Sen, Flori~a. Gentlese~: This relates to that certain Street Lightlmg Agreement between ms date~ Ma~eh 2, 1926, and te all supls~eme~tal~y ~ smp- plementaI Agreememts thereto, Including those certai~ smpptememtal ~etter Agreements dated April T, 1931, January 1, 19~5, and Dee~mber 15, 1936, respectively. tm view of the fact that we have ~eeently bougt~ yet ~hite ~ay St~ee% Li~!~ ~s~em, w~ch mecessita~es ~emd~ S~eet Ligh~ ~e~t to p~vide fe~ O~a~y~ ~ ~te ~ee~ li~, ~d in er~e~ te place ~e e~ee$ ~w s~ee~ ~ht- ~g ~ate schedules im the s~ Stree~ L~ht~g ~eeme~$, sehe~les will s~apersede the ~em~s ~e~ f~th ~ the sai~ be ~d the s~e is ~e~ ~en~ed mn the 1. ~at the sai~ St~ee~ Lightt~ ~ee~nt s~ be ~e~ed ~y the substi~$~ of t~ f,~!e~ Sec- ti~ (~ ef ~ie!e I f~ ~ ~ ~m eF Sootier (4) so ~ (4~ of ~ie!e I ef t~ said ~ee~ ~e~nt $~l! ~ea~ as fellows: "(4) Te ~st~! wi~ nine~ (90) ~s ~ter bracke~ $~eet lights efa ~ ~al~ sa$isfaeto~, sai~ li~ts to ~e spae~ not ~her th~ ~20G feet aD~ measmred ale~ the s~e side of the s~e~, ce~ee~ said s~eet lights te Gem's eye,head ur~e~o~ s~eet If~$~ maintain, renew~ ~epa~' ~d cte~ ~l said , pro~ vided, however, t~t in ~he eve~ i~ ~ be ~eees- circuits me~e ~ ~ fe~t ~ orde~ ~e ~each ~ ad- by ~e :Cens~ as he~ein the ~e~ a~e~ ~e, ~imb~se the C~y for eom~, ~ e~cess eF 2~ fee~,_of of Article II. Ar*~i¢te ~I shall That the said Stree~ r.tghtfng Agreement sb~ t be smaended therefrom ~eo~io~s (~,) a~ (4) ~1 ethe~ Sections ~e~ said force ~ effect. S. That the ~ew Stree~ V.ighti~g Rate Sehed-ale N~mBe~ed S-1 and S-2-A, attae~e~ he~e~e a~ made a l~Pt hereof~ s~!l be s~bstitmted i~ a~d as a part ef the said ~eet mew a ~ ef ~he sa~ ~eet Li~t~ ~e~ ~e- Ra~e 8ehedmle N~mbere~ 8-1 for Eehednle Ra~e Schedule N~mbered E-~-A for Rate It is mr~lersSee~ ~ ag~ee~ ~t the sai~ Smppleme~tm.l Le~te~ I~I, ~ Deee~er I~, 19~6, ~i~ ef ~he ~ Ra~e Se~es t~ above ~a~ sm~s~i~i~ al! ~ page two ~ch as follews: "am~ that the te~m e£ the said Nu~ieipaI Stree~ Lighting ~g~eement ~e~ Ma~eh 2. 1926. as ex~e~e~ the ~pplement~ ~ee~mts, s~l he exte~e~ ~e~ a ~erm of ~ee (~) ~s shall be ea~eeile~ s~ te~a~e~. itxis further vz~e~stec~ and agreed that mpon the cancella- tio~ and ~ermlnatie~ ef She sai~ smpp~meR~al Le~$er ~eements dated J~ 1~ 1~ a~d De~embe~ 1~, 1936, ~s~e~ive~, t~t ~se_ce~t~ fiv~ (~) 1~ C~epow?~ ~$e ~y ~e~, a~a. Ge~s~ o~e~ s~reet Itts, ~a those ee~ai~ ~we (2) I00 O~e~wer ~erhead ~acke~. ~NA. Cemp~ ~ed s~reet lf~ts (w~ck s$~et lights ~e now bei~ epe~ate~ a~ ~o additional cost to the Te~. in a~e~ce ~th the ~ovisiems ~ the sai~ Lette~ ~eemen~s ~ed J~ I. 1~3~, ~d ~eem~er ~. 19~.) s~ll then be e~ated Ede~ ~he ~e~ ~d ~ovis!e~ ef the sai~ Numi- eip~ S~et fo~ ~ch ~e~a~ie~ you will pay us ~ accerd~ee ~d ~isi~s ~ the sai~ Street Light~ ~eeme~. At ye~r re.est, and im order te provide additiemai street lightimg service, we hereby agree as of the 1st ~ of 0¢tobe~. I~V to restore the service, and thereafter serve m~der the said S~reet Lightim~ Agreement, ~ (100) OP ~te ~ay Unde~grovnd. ANA. Company owned street lights and six (8) (1~0) OP Overhead B~aoket Type. ANA. Company ewne~ s~reet lights, whieh street lights more pa~tiem!~ly desoribe~ as to nvmber, oan~iepower, ~ype. lo- oation, ownership, a~d bur ~m!ng schedule in the schedule attached hereto, ma~ked ~w~bit "A~, and made a part It is umdersto~ and agreed t~ after the restoration ef servioe as previ4ed im t~z Lette~ ~ee~. there s~l be i~ o~e~a~ie~ ~ose s~eet lights described am to n~e~. ~le~owe~, ty~. e~e~s~p ~ b~ni~ sehedule ~ ~ sch~le a~$a~hed It is i~rth~r ~de~stoe~ a~d agree~ ~ha~ excep~ as ex-press- ly p~i~e~ here~ the said ~ee~ Li~i~ ~eement ~ ~ sup- plememt~ ~ smpplememtat ~ee~ t~reto, m~ spec~ie~ly e~eelled effect ~etwee~ Yours very t~aly, FLORIDA POV~ER & LIGHT GONPANY vice' 'P~,e si~en~' General ~e agree to the foregoing. TOV~N OF BOTNT~ A~rpreve~ as te Form and Correct- ness ~hie day of , 1~. Attest: '' Attorney ~e~ t~e~wn of Beynt~n, Florida. Dated There ~ei~g mo Further business the meeting ad,outed. Vice N~. To~n Cl~rk.