03-29-57SpMtg MARCH 29th, 1957.
A Special Meeting of the City Council was held in the City
Hall at 2:00 P.M., with Mayor George V. Warren in the Chair, City
Manager W. E. Lawson Jr., City Attorney Harry T. Newett and Com-
missioners Catherine Eo Strong and Col. Dugal G. Campbell.
Also, in attendance, were Chairman Charles A. Crane of the
Financial Advisory Board cfi the City of Delray Beach and me~bers C.
Weldon Evaul, Nathan So Sharps and Att'y. Rhea Whitley.
City Manager W. E. Lawson introduced Hr. C. T. McCreedy, of
Miami, Florida, to those not already acquainted ~ith him, as McCreedy
had negotiated the 1951 "Refunding Bond Issue" as well as the 1952
Water Revenue Certificate issue.
Discussion followed concerning possible approval for issuance
cfi a short term Water Revenue Certificate issue for ~500,000.00, pro-
ceeds from which are necessary flor the first phase cfi the City's Water
Expansion program.
Mr. McCreedy advised the Commission that, generally speaking, a
Municipality requires an accepted National Rating in order to obtain
the annroval of Bonding Attorneys for Bond issue, primarXly based up-
on Net Earnings flor the past three (3) years amounting to not less
than the out-standing Debt Service liability.
The net earnings for this city, for such period, were slightly
below the outstanding Water Revenue Certificate indebtedness, how-
ever, such fact is due to the current issues of Water Revenue Certi-
Ficates having been issued for a term cfi twenty (20) years rather
than thirty, thirty-flive or florty, as is the unusual ten for such
utility issues, and thereflore resulting in above normal principal
and interest annual payments.
Conw, issioner Campbell reminded Mr. McCreedy that the City of
Delray Beach is in the process cfi increasing its local water service
charges to 1.30~ cfi current rates. However, as such increase is not,
at present, in effect and thereby a fact, anticipated results there-
from cannot be recognized as a flactor in establishment of a "Rating"
at this time.
After a general discussion with the Financial Advisory Board
and Mr. McCreedy, concerning certificate issuance Fees and Costs, and
statement from Mr. McCreedy that he was not acting solely for himself
but in conjunction with B. J. Van Ingen & Co. Inc., cfi Miami, who,
through Mr. George A. Hasz, had expressed their desire to be con-
sidered at such time as the City of Delray Beach contemplated the
issuance of Revenue Certificates.
The Financial Advisory Board, through its Chairman Mr. Charles
A. Crane, recommended acceptance cfi the FEE, quoted by Mr. C. T. Mc-
Creedy, amounting to 1.45~ for servicing the issuance cfi ~500,000.00
in 1st Lien Bonds, in the capacity cfi Fiscal Agent, said fee, in sub-
stance to cover all preliminary printing costs of Bid For~s, Notice of
Sale otc., Bond Attorney's flee, printing of Bonds and reimbursement to
the City of Delray Beach flor all legal costs incurred, but not to in-
elude the City Attorney's 'Fee for processing the validation off the
Bonds.
Commissioner Campbell, in acceptance cfi the recommendation made
by the Financial Advisory Board, moved that the City Manager and the
City Attorney be authorized to prepare a Contract with Mr. C. T. Mc-
Creedy and B. J. Van Ingen & Co. Inc., to act as Fiscal Agents, flor
the City of Delray Beach, Florida, in the issuance of first lien
Water Revenue Bonds in the total amount of $500,000.00. Motion was
seconded by Commissioner Strong and unanimously carried.
Commissioner Campbell moved that the re-zoning re/,q, uest of Florida
Power & Light Company be referred back to the Planning/Zoning Board and
that the request be re-entered by F.P.L. Co., incorporating a request
flor the re-zoning of the lands upon which their present plant, offices
and distribution yard facilities are located, which are now non-conform-
94
MA~C~ 29th, 1957,
ing with present zoning, and public hearing thereon be provided.
Motion seconded by Commissioner Strong and unanimously carried.
City Manager Lawson reminded the Co~mission of having avail-
able for investment, surplus and idle funds totaling approximately
$120,000.00, and further informed the Co~mission that, since the
last council meeting, a committee composed of Mr. Charles A. Crane,
Chairman of the Financial Advisory Board, Colonel Dugal G. Campbell,
the Finance Director and the City Hanager had conferred relative to
depositing and investment of said city funds, and following a discus-
sion of this matter ~rlth the two local banks, said Con~nittee recommends
that such surplus funds be invested in United States Treasury Bills.
Co~missioner Campbell moved that, in acceptance of the sub-com-
mittee's recommendation, the City Hanager be authorized to invest said
surplus funds amounting to ~120, 000. 00. there being $100,000. of Water
Fund monies and $20,000. of Trust Fund Monies, in Certifficates or Bills
from either Bank, subject to the apnroval of the City Attorney as to
the legality of said Certifficates or Bills being on Deposit outside of
Palm Beach County. Motion seconded by Commissioner Stron& and unani-
mously carried.
Co~missioner Strong moved that the City Manager advise the
County Commission, as well as the State Legislators, that the City of
Delray Beach, Palm Beach County, Florida, protests any change in
County Zoning affecting Lot 14, Block "A', Palm Beach Shore Acres.
Motion was seconded by Commissioner Campbell and unanimously carried.
The deviation request of Mr. Joe Sante, concerning set-back in
certain lands within Block 100, was tabled until the next regular
meeting.
City Manager Lawson read a letter from County Engineer Stephen
R. Middleton, addressed to City Attorney Harry Newett, concerning
past efforts of the Board of County. Commissioners to have "Delray
West" Road designated at a Primary State Highway, which, to date,
have been unsuccessful. The letter as follows:
"'March 21, 1957
Dear Mr. Newett: Re: Delray West Road
This is in receipt, of your letter of Hatch 1, 1957, which the
Board of County Con~issioners referred to this office for reply.
Since some two years ago, the Board of County Commissioners has
been endeavoring to have the Delray West Road designated as a
primary State highway; so far this effort has not been success-
ful. The 1955 Road Code as now in effect does not enable the
Delray West Road to be a primary road. It is hoped that the
next session off the Legislature will amend the Code in such a
manner as to give some relief in cases such as this, and we are
working with our Legislative delegation on the problem.
in 1955 the Board of County Commissioners established setback
regulations on De]ray West Road, looking forward to the time
when it would be widened and four-laned. So far the acquisi-
tion off right off way has not been started due both to the fact
that it is at present not a State highway and also funds are
not available in sufffficient amount either from County tax
sources or from the secondary, gas tax to finance the work. If
we can get this road designated as a primary road, then primary
funds might be available for the construction.
Refe~ring to your paragraph 3, the Boar~ of County Commissioners
has been doing everything within its means to enlist the aid of
our Legislative delegation, the Turnpike Authority, and the State
Road Department toward the improvement of this road and it
MARCH 29th, 1957.
certainly proposes to continue this effort until the im-
provements are made.
The Board asked me to express to you its appreciation
for the interest of the City in this matter, and to give
its assurance of assistance and cooperation in every
possible way°
(signed) Stephen Ro Middleton
County Engineer"
Further advises that the County Commissioners are doing every-
thing w/thin their means to enlist the aid of our Legislative
delegation, the Turnpike Authority, and the State Hoad Depart-
ment toward the improvement off this road and it certainly pro-
poses to continue this efffort until the improvements are made.
Meeting adjourned.
R. D. Worthing
City Clerk
APPHOVED:
MAYOR