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11-18-50 NOVEMBER 18TH, 1750. The City Council of the City of Delray Beach, Palm Beach County, Florida~ met in special session at the regular meeting place of the Council in the City Hall in the City of Delray Beach, at lO:O0 O'clock P.M. on November 18, 1950, with John N. Kabler, Mayor, present and presiding. There were also present: W.A.Jacobs Councilman Walter A. Roth Councilman J.L.Saunders Councilman Ruth R. Smith City Clerk Charles E. Black City Manager John Moore City Attorney After the minutes of the preceding meeting had been read and approved, the following resolution was introduced in written form b~~ John Moore~ was read in full and duly discussed, after which~ purusant to motion' made by W.A.Jacobs, and. seconded by Walter A. Roth, the resolution was adopted by the following vote: Aye: W.A.Jacobs John N. Kabler Walter A. Roth J. L. Saunders Nay: None The resolution was thereupon signed by the Mayor in open session in token of his approval, and was ordered recorded by the Clerk in the Resolution Book, and is as follows: RESOLUTION NO. 781 A RESOLUTION 0P THE CITY COUNCIL OF THE CITY OF DELRAY BEACH~ FLORIDA, APPROVING, RiTI~ING AND CONFIRMING THE LETTER FROM THE CITY ~kNAG~R~ DATED NOVE~.~ER 13, 19~0, TO THE IRVING TRUST CO- MPAi'~, OF NEW YOHK, ~.~W YO~(, CONCERNING $1,080,000 DELSEY BEACH REFUlfDING B0~S. %~[EREAS, The City of Delray Beach, Florida, is, at the present time validating ~1,080,000 Delray Beach Refunding Bonds, Series 19~l, and ~EREAS~ B.J.Van Ingen & Co. Inc., and McCreedy & Company, Inc. are the Fiscal Agents for the City of Delray Beach, Florida, for said Refunding Bonds, and ~REAS, B.J.Van Ingen & Co. Inc., by letter dated November 10, 1950, requested the City of Delray Beach, Florida, through its City Attorney, to advise the Irving Trust Company of New York~ City, New York, that said Company is designated as the paying agent and the exchange agent for the Bonds being exchanged, and to further advise said Irving Truse Company on additional matters li/i8/5o concerning said Refunding Bonds, as more fully appears in the letter from B.J.Van Ingen & Co. Inc., which is as follows: "The Irving Trust Company, Corporate Division, 1 Wall Street, New York City, wants a letter from the City of Delray Beach advising them that in accordance with the resolution author- izing a refunding of the January 1, 1951 Refund- ing Bonds that they are the designated Paying Agent and Exchange Agent for the bonds that are being exchanged with the July 1, 1938 and July 1, 19~0 Issues of your old Refunding Bonds. They also want in this letter a statement to the effect that the old Bonds of the 19313 and 1940 Issues tendered in Exchange should have the July 1, 19%1 and subsequent C:)upons attached, it being the intention of the City to pay the January 1, 19~1 coupons from those bonds in the regular ma~aer." "It might be well to state to the Irving Trust Company that should some bonds be tendered in Exchange with the January 1, 19%1 coupons attached that they are authorized to detach the January 1~ 19~1 coupon and pay in the regular manner; that the bonds of the 1935 and 1940 Issues are to be exchanged for the new Bonds of the January 1, 19~1 Issue in accordance with allocations by B.J. Van Ingen ~ Co. Inc., Manager of the Fiscal Agency Account, and that any questions concerning the Exchange should be referred to B.J.VanIngen & Co. Inc. for settlement; further that the Bonds are being ex- changed on a Par for Par basis and the new Bonds of the January 1, 1951 issue will be delivered to those Exchanged with the July 1~ 19~1 and subsequent Coupons attached. Further, that if it is the desire of the City, you might advise them to cancel the 1938 and 19~0 Issues of Bonds taken in Exchange and forward them to the City Clerk at Delray Beach for recording and filing." A2~ ~g~E~AS~ ptu'suant to said letter from B.J.Van Ingen & Co. Inc., the City Manager of the City of Delray Beach~ Florida, wrote th~ following letter to said Irving Trust Company of New York City, New York: "This is to advise that in accordance with the Reso- lution authorizing the re-ftu~ding of the above captioned bonds (January 1, 1951), you have been designated the paying agent and exchange agent for the bonds that are being exchanged with the July 1, 1938 and July 1~ 1940 issues of the old re-funding bonds. "This is to further advise that the old bonds of the 1938 and 1940 issues, which are tendered in exchange, should have the July 1, 1951 and subsequent coupons attached, it being the intention of the City to pay the January 1, 1951 coupons from those bonds in the regular manner. "Should bonds be tendered in exchange with the January 1. 1951 coupons attached, you are authorized to detach the January 1, 1951 coupons and pay in the regular manner. The Bonds of the 1938 and 1940 issues are to be exchanged for the new bonds of the January 1, 1951 issue in accordance with allocations by B.J.Van Ingen & Co. Inc.~ managers of the Fiscal Agency account~ and any question concerning said exchange should be referred to B.J.Van Ingen & Co. Inc., for settlement. "The bonds are being exchanged on a par for par basis and the bonds of the January 1, 1951 issue will be delivered to those exchanged with the July 1, 1951 and subsequent coupons attached~ as aforesaid. "Tt is requested that you cancel the 1938 and 1940 issues of the bonds taken in exchange and forward them to the City Clerk at Delray Beach., Florida, for re cording and filing." NOW, THEREFORE~ BE IT RESOLVED by the City Council of the City of Delray Beach, Florida as follows: Section 1: That the writing of the above recited letter from the City Manager of the City of Delray Beach, Florida, to the Irving Trust Company of New York City~ New York~ be, and the same is hereby approved~ ratified and confirmed. Section 2 : That this resolution shall be in effect im- mediately upon its adoption. Adopted and approved November 18, 1950. (Signed) John N. Kab~eM Mayor ATTEST: (Signed) Ruth ~...Smit~ City Clerk (SEAN il/i8/5o STATE OF FLORIDA ) ) COU$~TY OF PALM BEACH ) CITY OF DELRAY BEACH ) Ir RUTH R. SMITH~ City Clerk in and for the City of Delray Beach, do hereby certify that the attached and foregoing is a true and correct copy of Resolution No. 781~ passed and adopted by the City Council of the City of Delray Beach~ Florida~ on November 18~ 19~0~ as the original of same appears of record in my office. IN WITNESS %~[HEREOF I have hereunto set my hand and affixed the official seal of the City of Delray Beach, on this the 22nd day of November, A.D. 19~0. (Signed) Ruth R,. Smith City Clerk (SEAL) Pursuant to motion duly made and carried, the City Council adjourned. (Signed) Ruth R. Smith City Clerk