01-24-50 JA~JAR¥ 24TH, 1950.
Regular meeting of the City Council of the ~it~ of Delray
Beach was held in the Council Uhambers at 7:30 p. m. with ~ay or
John ~. Kabler in the Uhair, and ~City Attorney John Noore, City
~anager Chas. E. Black, and the following Councilmen'.present:
R. J. Holland, $¥. A. Jacobs, ~¥alter A. Roth and J. L. Saunders,
a quor~um being present.
~ayor Kabler announced that the Council meeting agenda would
be closed on the Friday preceding the next meeting, and asked that
all matters to be considered at that meeting be in by Friday after-
noon. This v~ll allow members of the Council time to familiarize
themselves with matters which will be brought up at the next meeting.
A letter from the Bon Air Hotel, with reference to the connec-
tion of tvo street Iights on S. E. 2nd Ave. which are not now in
use, was read as follows:
"January 8, 19~0
~r. C. E. Black.
City ~ana get
Delray Beach, Florida
Dear R~r. Black:
There are two street lighting standards on S. E. 2nd Avenue,
both located near the dining room of this hotel, which are at the
present time capped - that is, they are not used for lighting at
this time.
Would you please recommend the proper place or department to
which I can apply, in order that I can have these standards put
in use during the time that the hotel is open, December 15 - ~ay
lst? It would add so much to the attractiveness of this Street.
Thanking you once ag~ n for your past and future cooperation,
Cordially yours,
(Signed) Arthur E. Parrish
AEP/p ~a na ge r"
City ~anager Black explained that these lights had been
turned off during the war and had not been connected since. He
recommended that the south light be connected permanently, which
he believed ~0uld take care of pedestrian traffic in this Block.
A motion was made by Councilman Saunders that the Florida
Power & Light Co. be instructed to have this one light connected
immediately. The motion was seconded by Councilman Roth, and upon
call of roll carried unanimously.
Upon motion of Councilman Holland, seconded by Councilman
Roth, and unanimously carried, action on a request filed by Alex
Goldstein of West Palm Beach, for a gratis Veteran's license to
peddle paint in the colored section, was deferred, until a policy
is established on the granting of such licenses to non-residents.
A letter from Dr. Arne L. Suominen, regarding the keeping
of chickens within the City limits, was read as follows:
"January 19, 19~0
Nay or John N. Kabler
and ~embers of the City ~Council
Delray Beach, Florida
Gentlemen:
Your attention~is respectfully requested to the need of an
Ordinance prohibiting farm animals, such as hens, roosters, etc.
and their raising within the City limits.
I live at ~th Ave. S. E. and ~th St. S. E. (Just opposite
the Woman's Club) and I agree with my neighbors that roosters
crowing at 2 a. m. and throughout the early morning hours, certainly
can be a most irritating nuisance and a danger to good health. A
Chicken coop certainly does not belong inside the City limits of a
progressive City like Delray Beach where real estate values should
go up instead of down.
If there already exists an Ordinance prohibiting hens and
roosters within the .$ity limits, it should be enforced. If there
is no such Ordinance the City Council certainly should do some-
thing to remedy this condition.
Respectfully yours,
(Signed) Dr. Arne Lo
Suominen"
City Attorney ~Y~oore advised the Council that there is no
Ordinance prohibiting the keeping of chickens, although there
is an Ordinance to the effect that live stock of any kind shall
not become a nuisance in the City.
Councilman Jacobs then moved that a policy be adopted that
crowing roosters be monsidered a nuisance, but he was not in
favor of denying a man the right to keep chickens on his property
as long as they did not become a nuisance. The motion was seconded
by Councilman Holland, and upon call of roll carried unanimously.
It was recommended by ~.~y or Kabler that policies established
by the Council be kept in a Policy Book on the ~Council Table,
which could be referred to as such questions came up. After
further discussion, an unofficial meeting of the Council, City
Nanager, City Attorney and City Clerk was scheduled to be held
on Thursday, February 2nd, to work on establishing a book of
existing policies, to be kept on the Council table for reference.
The following letter from the Property Owners Protective
Association was read:
"January 18, 19~0.
,The Honorable John Kabler, ~ayor
~'iembers of the City Council.
Dear Sirs:
Inasmuch as a new Post Office is to be erected in the near
future, and as there are not sufficient street lights in that
vicinity, the Board of Directors of the Property Owners ?ro-
tective Association urge the Council to make plans for erecting
such lights on N. E. 1st Avenue and N. E. 1st Street.
0~r Board has received many complaints from property owners
that the street signs on street corners, especially on the Ocean
Boulevard and the northern end of Swlnton Avenue, are in need of
replacement. With the growth of Delray the Board feels that
proper marking of all streets will be a help to our tourists and
visitors and we hope that the Council will take action in this
matter as soon as possible.
Sincerely yours,
(Signed) B. C. Butler
frh Pres ident."
CC
Delray Beach Journal
Delray Beach News
POPA
City ~anager Black stated that street signs are in the
process of being repainted at the present time, and some new
signs are being made.
As there is no street light on the corner of N. E. 1st St.
and 1st Avenue, action on this matter was deferred until the
completion of the new Post Office building on that corner.
~.~iss Betsy Bond, develooer of Kenmont Subdivision, lying
north of the City limits, between the Federal Highway and the
'Oanal, appeared before the Council with reference to bringing
this Subdivision within the City limits. She asked that water
be furnished in the Subdivision, but that the property be left
on the Tax Roll on an acreage basis until ?~% of the lots had
been sold. She explained that she was paving streets through
her property, at a cost of approximately ~ 3,~00.00, which would
be turned over to the Cit~.
City ~4anager Black stated that there are some properties
north of the present City limits and south of Kenmont Subdivision,
which should be annexed first. This would have to be done either
in small portions, or approved at a special freeholders election.
~r. Black estimated the cost of extending water lines would
'e
o approximately $ 5,~00.00, which would be sufficient 6" mains
to furnish fire protection. Small laterals for individual
services would be in addition, as'they were required. He stated
that funds were set up to take cars of building expansion in the
City and outlying parts, and there will be some funds available
this year which can be used for expansion work.
k?ayor Kabler then outlined three policies which should be
established before an a~nexation of this type, as follows:
1. Using present capital set aside for water
improvements within the ,City for extension
of water lines to an annexed area.
~2. A policy in regard to taxation in bringing
in new property.
3. Specifications of roads in any new property
taken in the City limits. (Streets in Kenmont
Subdivision are 20' in width. ~4inimum Street
width required within City is 22').
Upon motion of Councilman Roth, seconded by Souncilman
Jacobs, action was deferred on the request of ,'~iss Bond until
after the policy meeting to be held on February 2nd, when the
establishment of these policies will be considered.
An estimate of the cost of repaying N. E. 1st Street from
the railroad west to N. E. 1st Avenue, was filed by the City
~anager, in the total amount of $ 4,053.00, set up as follows:
50' paving with curbing on both sides, and sidewalk
on the south side, from 1st Avenue to 2nd Avenue -
$
2~' paving from r~ lroad to 2nd Avenue, which
would consist of widening the rock, complete
grading, and surfacing with tv.,o, coats of oil -
Th~ question of laying a sidewalk on the south side of the
Block between 1st and 2nd Avenues, on private property, was dis-
cussed, and the ~itN ~.;anager was instructed to contact the owner
of this property with reference to obtaining the land needed for
the sidewalk, before further action was taken.
The following petition, requesting the extension of the
City limits north of West Atlantic Ave., to include certain land
in Section 1~, was read as follows:
~~ TC .~ CI~~ COUh~CIL
CF T~ CI~ OF DELRA¥ BEACH, FLORIDA
We, the undersigned, respectfully petition the $ity of
Delray Beach, Florida, to annex into the co~orate City limits
the land covered by the following ~proximate description:
That portion of Section 18 bounded on the north by a line
thirty-three feet north of the east-west center line of Section
Eighteen, Township forty-six south, Range forty-three east, and
on the west by the west right-of-way line of the Hillsboro Canal
(~), on the south by the present City limits of ~.est Atlantic
Avenue.
We realize that the only benefits to be obtained at the
present time will be Fire Protection, Police Protection and city
Zoning.
.(Si. cD, d) J. W. Eowlin
The following Ordinance was then presented by the City
Attorney, and same was read in full:
AN ORDINANCE 0F THE CI~ COU~IL OF T!~ CITY
0F DELRAY BEACH, PAL:~ BEACH COUP, ~ORIDA,
DECLARING I~ I~ENTION T0 ANi~ TO THE CI~
OF DE~AY BEACH THE FOLLO%~ NO DESCRIB~ TRACT
OR P.~C~ 0F ~D LOCATED IN PAL~ BEACH OOU~,
FLORIDA, AiO LYI!~ CONTIGUOUS T0 ~ CITY OF
~ ~-~. FOR A POI~ OF BEGIN!~ING
D~RAY BEAC~, ~' ~='
START AT A POI~ W~RE THE NORTH BOUNDARY LIA~
OF THE CITY LINITS 0F THE CITY OF DELRAY BEACH,
FLORIDA (AT %%~ST ATLAI~IC AVE~UJE IN SAID C I~)
I>~ERSECTS THE WEST RIGHT-OF-WAY Lii~ 0F T~
HILLSBOROUGH CA~L (E. ~ CA~L); TI~CE RU~'ING
NORTi~RLY A~ NORTHEAST~LY ALOI~G T~ I~ST RIGHT-
OF-WAY LI!%~ OF SAID HILLSBOROUGH CAI'~AL T0 A POIi~
~, ~ ~ ~,T
SECTIOM 18, TOWh~HIP 46 SOUTH, RA~:OE 43 EAST;
T~NCE R~N~I~G NORTHEAS~RLY ALONG SAID ~ST
P~IGHT-OF-WAY LI~ OF ~w~_~ HILLSBOROUGH CA~AL T0 A
POI~ LOCATED THIRTY-THeE FEET NORTH 0F THE SAID
~ST AND WEST CE~R LI~ OF SECTION 18, TOWNSHIP
~6 SOUTH, RA~GE ~3 EAST: T~NCE RUN EAS~RLY ~GNG
A LI~ ~ ~ ~
~I~Z-~EE F~T NORTH 0F AND P~EL TO
T~ EAST A~ WEST CE;~TER LI~ OF SECTION l~, TO~$~-
onIP~' ~o~ ..... ~, RAP~C~E ~3 EAST, TO THE Cr~ LI~!TS
OF ~'~_E CITY OF DELRAY B~ACH, FLORID~ WHICH iS T~
WEST RIG~-OF-WAY LI~ 0F T~ SEABOARD AIRLI~
R~LWAY; T~EE RU~ING ~RLY A~ SOUTH~S~RLY
ALONG A LI~ FORM~ BY T~ ~0U~AR~ LI~ OF THE CI~
LIMITS OF TP~ CITY OF DELRAY ~A~H TO T~ POI~
BEGiN~ING; PROVIDING THAT SAID TRACT OR PARC~ Si~LL
BE ~NNE~ TO T~E~ ~CI~ 0F DE~AY BEACH ~T~ ~H~'~ EXPIRA-
TiON OF FIFTEE?~ DAYS FRO~ THE FINAL PASSAGE OF ~IS
ORDI~YANUE; A~*D FURT~R PROVIDING THAT THIS ORDINANCE
~mKS AFTER ITS
S~LL BE PUBLIS~D FOR T~O CONSECUTIVE
FI ~.~AL PASSAGE.
~r. Charles Vitsopoulos, an owner of property included in
this area, opposed the annexation of his land, claiming he had
personal reasons for preferring to remian outside of the City
limits. He stated that other owners of property which would be'
included, were opposed to the annexation also. He offered the
City the use of an Amusement Hall which he is building, one night
a week free of charge, for whatever purpose they wished to use it.
It was explained by the City Attorne~? that an objector may .
file a petition in the Circuit Court within fifteen days after the
final passage of this Ordinance, .if he is opposed to having his
land taken into the City. He also explained that the property
would not be on the Tax Roll until 19~l, would be taxed only for
operating mi~llage, and would receive Police protection, Fire pro-
tection, garbage pick-up, and other services from the City.
A motion was then made by Councilman Jacobs that the Ordinance
be placed on first reading. The motion was seconded by Councilman
Saunders, and upon call of roll carried unanimously.
~y or Kabler ~recon~uended the appointment of a Golf Cormmission,
as follows: Eike L. Blank, F. G. Lang, Jr., Joe Rose, C. J. Nanson,
and R. C. r~cFadden, and upon motion of Councilman Roth, seconded
by Councilman Holland, unanimously carried, these appointments
were approved.
A resolution giving the Golf Commission authority to operate
the Golf Course, was brought up by the City Attorney, but upon
advice of Nayor Kabler that two members of the %¥omen's Golf Associa-
tion vould be appointed, to sit with the Golf Commission at all
times, which should be included in this resolution, action was
deferred until these appointments are made.
The following Resolution was then presented by the City
Attorney, and same was read in full:
nESOLU?ION 744
A RESOLUTION OF THE CITY COUNCIL OF TIlE
CiTY OF DELRAY BEACH, FLORIDA, EXPRESSING
m~E_ ~ THANKS OF T~ ~v~.~ FO[{ THE OUTSTAYING
SERVICES REI~ERED BY W. E. ~.%~LCOX DURING
HIS TEN YEARS SERVICE AS ?~UNICIPAL Ji~DGE.
WHEREAS, Judge W. E. ','Tilcox has faithfully served as
5~unicipal Judge for a period of ten years, and has efficiently
discharged his duties during that length of time, and
WS.~EREA$, during the time that he served as ~unicipal Judge,
he has rendered outstanding service in that capacity to the City
of Delray Beach, and
W~REA$, wholly by operation of law, Judge Wilcox is no
longer able to serve as ~unicipal Judge,
~.[OW, T~REFORE, BE IT RESOLVED by the City Council of
the City of Delray Beach, Florida, as follows:
That this City express its thanks to Judge Wilcox for
the efficient service, the equitable disposition of justice,
and for the faithful performance of his duties ~ahich he has
rendered to the City and to its residents.
Passed in regular session on this the 2~th day of January,
A. D., 19~0.
(Signed) John N. Kabler
I~lay o r
ATTEST:
($ig~ed) Ruth [~. Smith
City Clerk
Upon motion of Councilman Saunders, seconded by Councilman
Roth, and unanimously carried, the foregoing Resolution No. 7!14
was passed and adopted as read.
A new ~unicipal Street Lighting Agreement with the Florida
Power & Light Co., ...~hereby the City will lea~e poles at ~ 2.00
per pole per year, where they must be set es~eclally for the
installation of lights where existing poles are not available,
was presented b~.~ the City ~anaher for approval of the Council.
He explained that this was a ten year contrac:, and could be
renewed for five year periods upon proper notice.
A motion was made by Councilman Holland, seconded by Council-
man Saunders, that the ,~ayor and City Clerk be authorized to
execute this agreement on behalf of the City, and upon call of
r~.~ the mo~ion carried unanimously.
A Standard Large Power Agreement, covering Golf Course
Irrigation pumping, whereby, in consideration of our not pump-
ing water during the hours when their peak load is in effect,
the rate on the first step is dropped from 3~ to 2~ per kwh,
was pre~ented by the City ~,lanager, and upon motion of Council-
man Roth, seconded by Councilman Holland, unanimously carried,
the ~,~ayor and City Clerk were authorized to execute this agree-
ment on behalf of the City of Delray Beach.
The following Resolution was then presented by the City
Attorney,. and same was read in full:
1/2~/~0 This Resolution was
repealed by Resolution
RESOLU?iON NO. '74-~
A RESOLUTI0~ OF THE CI~ COU~fCIL OF THE CITY
0F DELRAY BEACH PROVIDIMG FOR T~ ISSUANCE CF
$ ~2,000.00 OF SPECIAL TAX REVENUE CERTIFICATES,
0F THE UI~' OF DELRAY B~CH, FLORIDA, PAYABBE.
SOLELY FRO~ T~ REVEN~S DERIVED FRO~4
CIGARETTE EXCISE TAX LEVIED BY SAID CITY, A~,
IF ~CESSARY, FRO~4 THE FRANCHISE TAX ON UTILITIES
LEVIED BY SAID CI~, FOR Ti~ PURPOSE 0F DEFRAYING
THE COST OF REPAIRS, I~4PROV~E~S A~O EXTENSIO~
T0 THE CITY 0F DE~AY BEACH ~'IUNIOIPAL GOLF
COURSE, A!O PROVIDING FOR THE S~E, SECURITY
PAid.IT ~EREOF.
W!~REAS, The City of Delray Beach, Florida, now owns and
operates a munlc~a$ facility known as the City of Delray Beach
N~i6ipal Golf Course, and
WH~EAS, said Golf Co~se has been greatly inadequate to
take care of the needs and demands of the public made upon such
Golf Course, and there was great need for making repairs, i,prove-
ments and extensions to said Golf Course;
~70W, THEREFORE, BE IT RESOLVED by the City Council of the
City of Delray Beach, Florida:
Section l: It is hereby ascertained, datelined and declared:
(a) That the City of Delray Beach. Florida,
(hereinafter called the "City") now owns,
operates and maint~ ns a municipal golf course, (hereinafter
called "Golf Course"), and has for several years last past owned,
operated and maintained said Golf Course.
(b) That there is no indebtedness at the present
time against said Golf Course.
(e)That, according to the provisions of the
City Charter of the City of Delray Beach,
Florida, (the same being Chapter 2~786, Special Acts of 19~9,
Florida Legislature), the City is authorized to construct Golf
Co~se improvements, and to defray the cost and expenses of such
improvements, by the issuance of special tax revenue certificates,
and
That the City is expressly authorized to pledge all or any
part of the revenue derived and/or to be derived from the levy of
an excise tax on cigarettes, or other tobacco products, and to
pledge all or any part of the revenue derived and/or to be derived
from the levy of any franchise tax, toward the pa~ent of the
principal and interest on such special tax revenue certificates;
and pass all ordinances and resolutions necessary to accomplish
such pledge, and notwithstanding any other law, general or special,
now or hereafter enacted, the City shall not have the right to
repeal or rescind any ordinance or resolution imposing taxes
pledged to the payme~nt of interest on any of the special tax
revenue certificates issued hereunder, and any such taxes shall
automatically continue in force, until there shall be a sufficient
sum of money on hand to pay the principal and interest on all
such outstanding certificates for which such taxes were pledged.
Notwithstanding any other law, general or special, now or here-
after enacted, the City shall not have the right to reduce any
of the rates or amounts of such municipal taxes pledged to the
payment of principal or interest of Certificates or grant examp-
tions from the payment of such taxes, (except to the extent,
wl~n~n the l~itations and in the manner that might be reserved
in the resolutions authorizing such certificates) as long as any
certificates issued hereunder are outstanding and funds sufficient
for pa)~ment of the principal and interest thereof are not on hand.
Provided, however, that when all tax revenue certificates
issued under the authority of this Act have been paid off, or when
a sufficient amount of money to pay the principal thereof, together
with interest thereon, to maturity, has been accumulated and is
secured to the use of the revenue certificate holders, then, and
in either event, the taxes so levied may cease and determine.
That the net revenue derived by said City from the levy of
an excise tax on cigarettes is as follows
From November 1, 1948. to and including
September 30, 1949 $ 16,749.00
From November l, 1949 to and including
November 30, 19~9~~' (purmuant to
Ordinance No. G-84, enacted by
virtue of Chapter 26,320, Florida
Laws of 1949 4,852.32
From December l, 1949 tc and including
December 31, 1949 (oursuant to said
Ordinance No. 0-.84)' ~,101.9~
That the net revenue derived by said City from the levy of
a franchise tax on utilities is as follows:
Fromfiscal year October l, 1947. to and
includi, ng September 30, 1948 - - -
:~Pz~om fiscal year October l, 1948, to and
including September 30, 19~9 11,996.39
That the revenue derived by the City from the levy of a
franchise tax on utilities and the revenue derived by the City
from the levy of an excise tax on cigarettes have not been pledged,
either ~n whole or in part by the 'City, on the payment of any out-
standing bonds or obligations of said City, That the estimated
net revenue from each of the said excise and/or franchise taxes in
each fiscal year heresfter is in excess of the remount to become
due in such fiscal year for the principal and interest on the
revenue certifica~.es hereinafter provided for.
(d) That said revenue certificates hereinafter
provided for shall be payable solely out of the revenues derived
by levy of an excise tax on cigarettes, and if necessary, from the
levy of a franchise tax on utilities.
(e) That it was necessary and advisable, in
order to meet the increased need and demand of said Golf Course,
to make repairs, improvements and extensions thereto, consisting of
the following:
(1) Installing a watering system and pllmp sprinklers.
(2) Reconstruction of Club House.
(3) Grading and planting of fairways and greens.
Laying' out, and installing of additional holes,
fairways, traps and greens.
Section 2: For th
.~e purpose of financing the costs of repair-
ing, improving and extending said Golf Course,
there shall be issued negotiable Special Tax Revenue Certificates
of said 'City, (hereinafter called "Certificates"), in the aggre.gate
orincipal~ amount of FOR~-~v ~W0 ~,~0USA~O DCLLA~S (~$42,00o.0o), whzch
Certificates shall be dated June l~, 19~0, and shall be in the denomina-
tion of One Thousand Dollars ($1,000.00) each, numbered I to ~2,
inclusively, and shall bear interest until paid at the rate of three ~ ~
per cent (3~) per ann,urn, interest payable December l~, 19~0, and
semi-armually thereafter, on the 15th day of June, and the l~th
day of December of each ~ea~ ~, and shall be payable as to both in-
terest and principal in lawful money of the United States of America,
at the office of the City Clerk of the City of Delray Beach, Florida,
in the City Hall of said..City, and shall mature serially in numerical
order on June l~th of each year, as follows:
YEAR A~OU i',~T
$ 4,ooo.co
ooo. oo
-. ,,..ooo oo
ooo oo
.,ooo oo
i957 ooo oe
i9 8 ¢,o0o co
!9~9 ~, 000. O0
1960 6,000.00
· Said ~certificates shall be callable for redemption on or
after June 15, 1953, prior to maturity at the option of said
,Uity in the inverse numerical order of issuance.
Section. 3: The Certificates shall be signed by the ~ayor of
said ~ity, and attested by the City Clerk, and
shall have impressed thereon the corporate seal of said City.
Interest falling due on the certificates on and prior to the
maturity thereof shall be represented by appropriate interest
coupons to be attached to the certificates, which coupons shall
be signed ~vith the facsimile signature of said ~ayor and City
Clerk.
Section ~: The Certificates and the coupons to be thereto
attached, and the endorsement to appear on the
back thereof, shall be in substantially the following form:
(Form of Certificate)
UNITED STATES OF Ak~ERiCA
STATE OF FLORIDA
COUNTY CF PAL~ BEACH
CI2~£ OF DELRAY BEACH
spECIAL TAX RE~qENL~ CERTIFICATE
Number $ 1,000.00
The City of Delray Beach in Palm Beach County, Florida, for
value received, hereby promises to pay~ to bearer, solely from the
revenue hereinafter specified, the sum of One Thousand Dollars
($1,000.00) on the 15th day of june, 19 , and to pay, solely
from said revenues, interest on said sum Until paid, at the rate
of three per cent (3~,~) per annu~, oayable December 15, 1950, and
semi-annually thereafter on the 15~h days of June and December
of each year, with interest due on and prior to the maturity
thereof, payable only upon presentation and surrender of the
annexed interest coupons as they severally become due. Both
principal hereof and interest hereon are payable in lawful money
of the United States of America at the office of the City Clerk of
the City of Delray Beach, in Delray Beach, Florida.
That only Certificates numbered 13 to ~2 inclusive, are call-
able for redemption on or after June 15, 1953, and prior to maturity
at the option of the City, in inverse numerical order of issuance
on any interest pal~nent da.~e, at the price of par and accrued in-
terest thereon to the date so fixed for redemption.
This Certificate is one of an issue of $ ~2,000.00 of like
tenor and effect, except as to maturity, and redemption, issued
pursuant to the Constitution and Laws of Florida, and a resolution
adopted by the City Council of said 'City on January 24, 19~0, for
the purpose of paying the cost of repairing, improving and extend-
ing the Golf Course facilities of said City. This Certificate
and the issue of which it is a part, are payable solely, as to
both principal and interest, from the revenue derived by the City
from the levy of an excise tax on cigarettes sold in said City, and
in the event the revenue derived therefrom is insufficient to pay
either the principal or interest or both, then, from the revenue
derived by the City from the levy of a franchise tax on utilities.
Each successive holder of this Certificate and of the coupons
hereto attached is conclusively presumed to forego and renounce
his equitities in favor of subsequent holders for valye, without
notice, and to agree that this Certlfic~te~and each of the coupons
hereto attached may be negotiated by delivery by any person having
possession thereof, howsoever such possession may have been acquired,
and that any holder who shall have taken this Certificate or any
of the coupons from any person for valise, and without notice thereby
has acquired absolute title thereto, free from any defense en-
forceable against any prior holder and free from all equities and
claims of ownership of any such prior holder. The 'City of Delray
Beach shall not be affected by any notice to the contrary.
It is hereby certified and recited that all acts, conditions
an~ things required by the Constitution and Laws of Florida, and
by the Charter of the City to happen, exist and be performed pre-
cedent to and in the issuance of this .Certificate, have happened,
exist and have been performed as so required.
IN WITNESS WHEREOF, the City of Delray Beach has caused this
Certificate to be executed by its ~ayor, and attested by its Uity
Clerk, with the corporate seal of said City hereunto affixe~, and
has caused the interest coupons hereto attached to be executed by
its Nayor and City Clerk by their facsimili signatures, all as of
this l~th day of June, A. D., 19~0.
Mayor
ATTEST:
City Clerk
1/24/ 0
(Form of Coupon)
$ i .oo
On the l~th day of , the ~City of Delray
Beach, Palm Beach County, Florida, will pay to bearer, solely out of
the revenues specified in the attached certificate,unless said
Certificate shall have been properly called for redemption, the
sum of Fifteen Dollars ($1~.00) in lawful money of the United
States of America at the office of the City Clerk of the City of
Delray Beach, in Delray Beach, Florida, being interest due that
day on its Special Tax Revenue Certificates, dated June l~, 19~0,
and numbered ..
Numb e r
~,layor
ATTEST:
city-'Cier~
(Form of Validation ~ertificate)
Validated and confirmed by decree of the ~ircuit ~ourt of
the Fifteenth Judicial Circuit in and for Palm Beach County,
Florida, rendered on the day of Ao D., 19~0.
Clerk of the .Circuit Court
Palm Beach County, Florida.
~ection ~: The City hereby covenants and agrees with each
successive holder of the Special Tax Revenue
Certificates herein authorized and the coupons thereto attached,
that it will pay into a special fund, which is' hereby created,, and
designated "Special Tax Revenue Certificates Sinking Fund , amounts
of money sufficient to provide for the payment of the interest on
and the principal of said Certificates.
Section 6: That, while any of the Special Tax Revenue
Certificates issued hereunder shall be out-
standing, the CSty covenants and agrees not to issue any other
obligations payable from the revenues derived from the levy of an
excise tax on cigarettes, or derived from the levy of a franchise
tax on utilities which will have priority over or equality with
the Certificates herein authorized.~'
Section 7: That no taxes shall ever be levied and no
moneys shall ever be taken or diverted from any
funds of the City for the payment of the principal of and interest
on the Special Tax Revenue Certificates issued hereunder, except
as hereinbefore provided.
Section 8: That the Certificates herein authorized shall be
hereafter sold at either pu~lic or private sale
for such.orice or prices as the e~*~. ~ouncll shall determine, and
such sale shall be com~irmed by motion to be passed by the City
Council.
~ C~ty,
Section ~: That, as Attorney for the ~ ~ John ~oore, is
hereby authorized and directed to take appropriate
proceedings in the Circuit CoUrt of the Fifteenth Judicial .Circuit
of Florida, in and for Palm Beach ~County, for the validation of
said Sertificates, and the ~ayor and City Clerk are authorized to
sign any pleadings in such proceedings for and in behalf of the
Commission of the City of Delray Beach.
Section lC: That if any section, paragraph, clause, or pro-
vision of this resolution shall be held to be
invalid or unenforceable for any reason, the invalidity or un-
enforceab' ' ~ ~
· l~t~ of such section, paragraph, clause or orovision
shall not affect any of the remaining provisions of this resolution.
Section I!: ~ resolution oassed and adopted this 2~th
day of January, a. D , ~,~.
(Sigmed) John M. Kabler
~ayor
ATTEST:
(Signed) Ruth R. Smith
City C~e rk
After discussion by the Council, a motion was made by
Councilman Roth, seconded by Councilman Saunders, that the fore-
going Resolution No. 745 be passed and adopted, and the City
Attorney instructed to proceed with validation proceedings. Upon
call of roll the motion carried, Councilmen Holland, Jacons, Kabler,
Roth and Saunders voting in favor of the motion.
The follov~ ng appointments to the Youth Recreation
Committee were recommended by ~ayor Kabler: Y~rs. John I.
Thieme, Miriam Brown, L. C. Hand, ~.~.rs. E. B. Bichols and ?~arshall
Hamilton, and upon motion of Councilman Saunders, second, ed by
Councilman Roth, ~unaniraously carried, the foregoing appoint-
ments were approved;
Eayor Kabler announced that he had received an invitation
from the
~nambe~ of Co~erce for all Councilmen to be present
at the opening of the new 8th Street Bridge, on February 1st
at ~ p. m.
Councilman Holland recommended that liability insurance on
Ci*~ automobile equipment be increased, as he felt that the
present coverage was too low for the chances involved, and the
City ~anager was asked to obtatn rates on higher insurance
coverage before the next regular meeting.
As there will apparently be an overage on cigarette tax
receipts this year, under the new State Law, Councilman Sa~nders
recommended that funds received over the budget estimate, be put
into the Revolving Improvermnt Fund and used for the improvement
of streets and sidewalks.
Oouncilman Holland suggested that the cleaning of vacant
lots be included in such a program, and the cost assessed ag~ust
the property. No action was taken on these suggestions at this
meeting.
A Subdivision plat of Hofman's 8th Avenue Addition, lying
west if' N. E. 8th Avenue, between ~th and ?th Streets, was presented
by the City ~anager for approval of the Council. He explained that
only a ~0' Street right-of-way was shown instead of ~0', but that
the plat had been approved by the Zoning Board.
Upon motion of Councilman Roth, seconded by Councilman
Holland, unanimously carried, the plat was approved as submitted.
A plat of a new Subdivision to be knov~n as Plumosa Park,
lying north of N. E. 13th Court, from N. E. 2nd Avenue east to
the railroad, A. G. Pruyser, owner, was submitted for tentative
approval by the City ?~.~anager. ~r. Black explained that ~r. Pruyser
would llke to eliminate the present "C" zoning along the railroad
property, in order to make the zoning uniform along the east side
of the Subdivision.
After consideration by the Council, a motion was made by
Councilman Saunders that the plat be tentatively approved, subject
to approval of the Zoning Board on the rezoning of the east section
along the railroad, as requested. The motion was seconded by
Councilman Roth, and upon call of roll carried unanimously.
The meeting then adjourned.
Cit[~ ~Cle rk
APP ROVED:
~a yor