1949.10.26_TC_Minutes Minutes of Special Meeting. Highland Beach Town Commission p'
October 26, 1949 Ordinance to issue $100000.00 Water Bonds
A special meeting of the Town Commission of the Town of
Highland Beach, Florida, was held at the Town Hall on Ocean Boule-
vard, in said Town, at eight otclock P. M., on October 26, 1 949,
pursuant to a call issued by the Mayor - Commissioner of said Town,
a copy of Notice of Call of said special meeting being read by
the Mayor and said Notice of Call having affixed thereto the
signatures of all members of the Town Commission. The following
Town. Commissioners being present: Mayor Totterdale, Vice -Mayor
Heaton, Clerk HertUrig and Commissioners Dubendorff and Smith.
Town Clerk Hertwig explained to the Commission that he had
peen in constant communication with the Town Attorney, Town
Engineer, and others who were interested in bringing about the
preparation of a proper Ordinance authorizing the issuance of
X100,000.00 of water bonds for the purpose of financing the
construction of a complete water plant on behalf of the Town
and that he was happy to report that the Town Attorney had re-
ceived from Mitchell and Pershing a draft of a proposed ordin-
anp which would meet the requirements of the 'Town Charter,
_ and also would be in accordance with the wishes of the freehold
{ electors of the Town which were expressed in a recent election
held on the 30th day of August, 1949.
All members of the Commission e;�pressed their appreciation
to Town Clerk Hertwig for his efforts in bringing this matter
before the Town Commission, and it was brought out that an emer-
gency now exists in the Town due to the lack of an adequate
water supply, and that a situation had arisen which constitutes
a. grave, menace to the health and safety of the inhabitants of the
£m Town, and that there is an urgent and imperative need for the
construction of a water works plant, and water distribution system.
Thereupon, Tom Commissioner Hertrwig moved that Ordinance
No. x.102, being AN ORDINANCE, PROVIDING FOR THE ISSUANCE OF
X100,000.00 WATER BONDS OF THE TUV1N OF HIGHLAND BEACH, PALM
BEAj, COUNTY, FLORIDA, be introduced and read in full. The
motion was seconded by Commissioner Smith and on roll call the
following Commissioners voted in favor of the Motion: Totterdale,
Heaton, Hertwig, Dubendorff and Smith. Commissioners voting
against the Motion: none.
After said ordinance was read in full, a complete and thor-
ough discussion was had of each section of the ordinance, and
Town Attorney C. Y. Byrd was asked many questions as to its
effect and purposes.
Said ordinance having been declared to be an emergency
ordinance, it was moved by Commissioner Heaton that the rules
of the Commission be waived, and that said Ordinance No. 102,
T.iinutes - Special Meeting, October 26, 1949.
the same being AN ORDINANCE PROVIDING FOR THE ISSUANCE OF
$100,000.00 WATE'R. BONDS OF THE TOWN OF HIGHLAND BEACH, PALM
BEACH COUNTY, FLORIDA, be read a second time in full and left
open for amendments, changes or alterations. The Motion was
seconded by Commissioner Smith, and on roll call the motion
was adopted by the following vote: Commissioners voting in
favor of the Motion: `rotterdale, Heaton, HertiArig, Dubendorff
and Smith. Commissioners voting against said Motion: none.
Said Ordinance No. 102 was read in full to the Commis-
sion, and the Mayor asked if there were any amendments, correc-
tions or alterations to said Ordinance, there being none.
Commissioner Hertwig moved that said Ordinance No. 102,
read the second time in full, be adopted and passed by the
Commission as an Ordinance of the Town of Highland Beach, Florida.
This motion was seconded by Commissioner Dubendorff, and on roll
call the following Commissioners votedin favor of the passage
of said Ordinance: Totterdale, Heaton, Hertwig, Dubendorff and
Smith. Commissioners voting against said Motion: none.
It was explained under the provisions of the Charter of the
Town of Highland Beach, that said ordinance be posted at the
front door of the Town Hall for two weeks. Commissioner Hertwig
*` moved that a copy of said Ordinance passed and adopted be posted
on the bulletin board at the front door of the Town Hall, for two
weeks commencing October 27, 1949 to and including November 10,
1949.
A further discussion was had by the Town Commission relative
to procedure necessary to carry out the sale of the bonds author -
ized in Ordinance No. 102. Town Attorney Byrd explained to the
Commission that under the provisions of Article VI, Section 2
of the Charter Act of the Town, that it would be necessary to
publish a notice of sale of the bonds authorized, and that the
same be published in a newspaper published in the County seat
of Palm Beach County, Florida, for two consecutive weeks before
the sale of said bonds, and that said bonds must be sold for not
less than ninety -five percent. (95 %) of par.
The Commission was further advised that it would be neces-
sary for the Town Treasurer to provide a bond, payable to the
Town, properly conditioned with sufficient surety to be approved
by the Commission, in an amount equal to the par value of said
bonds, conditioned upon the fact that he will faithfully perform
the duties of Treasurer with respect thereto.
Commissioner Smith moved that the Town Attorney prepare
proper notice offering said bonds for sale, and that the same be'
published in the Palm Beach Post, a paper published in the
county seat of Palm Beach County, Florida, for two consecutive
weeks, said notice calling for bids on the sale of the bonds
Minutes Special sleeting, October 26, 1949.
v
authorized by Ordinance No. 102. Said motion was seconded
by Commissioner Dubendorff, and on roll call, the following
Commissioners voted in favor of the motion: Commissioners
Totterdale, Heaton, Hertwig, Dubendorff and Smith. Commis-
sioners voting against the motion: none.
Commissioner Heaton made the following motion, that the
Town Attorney prepare Treasury Bond payable tb the Town, in
sufficient amount to equal the par value of the bonds author-
ized to be issued, and that said bond be signed by the Treasur-
er and such other sureties as are necessary, and that the Treas-
urer Bond when properly executed be returned to the Town Com-
mission for its examination and approval. Said Motion was
seconded by Commissioner Smith, and the following Commissioners
voted in favor of said motion: Totterdale, Heaton, Hertwig,
Dubendorff and Smith. Commissioners voting against said motion:
none.
Commissioner Smith moved that the Town Attorney and the
Town Engineer be and they are authorized to immediately cause to
be prepared proper plans and specifications to cover the con-
struction of a suitable water works
plant and distribution sys-
p
tem, as has been heretofore discussed by the Commission with its
Engineer and Attorney. Motion was seconded by Commissioner
Heaton, and on roll call the following Commissioners voted in
favor of the motion: Totterdale, Heaton, Hertwig, Dubendorff
and Smith. Commissioners voting against said motion: none.
There being no further business to come before the meeting,
it was moved by Commissioner Smith, seconded by Commissioner
Dubendorff, that said meeting be adjourned, and it was voted
affirmatively Fy all five Commissioners to adjourn the meeting,
and the same was regularly adjourned.
.i
APPROVED:
o ,
s
f> NOTICE OF CALL, SPECIAL FETING
OF TOWN C0MMISSION, HIGHLAND BEACH,
'4
FLORIDA:
i
I, bhe undersigned Mayor- Commissioner of the Town of High-
land Beach, Florida, do hereby call a Special Meeting of the Town
Commission to be held at the Town Hall at 8 o'clock P. M. on
October '1919, for the purpose of considering the introduction
reading, amending and /or passing and adopting an emergency ordin-
ance, the same being: AN ORDINANCE PROVIDING FOR TEE ISSUANCE
OF 0100,000.00 WATER BONDS OF THE TOWN OF HIGHLAND BEACH, PALM
BEACH COUNTY,µFLORIDA, as was authorized by a two -third vote of
the registered freehold ele4tors of the Town, at an election
held for that purpose on "August 30, 1949; a n d to consider any
and all other business which may come before the Town Commission
connected with or concerning the authorization of a notice call-
ing for bids on the sale of said Water Bonds; and the authoriz-
ing, of the Town. Engineer and Town Attorney to' prepare proper
A
specifications and contract for the receiving of bids and award.
ing a contract for the construction of too water facilities set �
forth and defined in the aforementioned Ordinance providing for
the issuance of $100 Water.Bonds.
Dated at Highland Beach, Florida, this 25t& day of October,
1949•
Z�7
` yor- Commis one , Town o
Highland Beach, Florida.
Yee, the undersigned Town Commissioners of the Town of High -
land Beach, Florida, do hereby acknowledge service of the above
and foregoing notice . of call of special meeting of the Town Com-
mission, and we do `consent to the calling of said meeting for the
purposes therein stated, and by our signatures do hereby waive any
further notice of the calling of said meeting.
W