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08-31-14 0 Delray, Florida, Aug. 31, 191. City Council met on the above date and xas called to . order at eight ocloak by President, J. R. Capon Jr. The roll call shored the folloxing members presents J. R. Cason Jr. i L . Ei . Bradshax G. J. Striokland J. G. Fenno. Communication from J. B. SSeCrary do Co. xas read and diseuss+. S.4inutes of the previous meeting xere read and approved. Motion by Sir. Fenno, seconded by SLr. Strickland that the clerk be instructed to write to J. B. SicCrary & Co. settizig forth the figur®s as given ue by Yr. Brown in r®ference to change in Pipe Lin® and ask them to ad3ust sam®. Carried. F~ A letter xas th®n read from the Florida S4eta1 Products Co. in reference to storage tank for storage of fuel oil. Yotion by Eir. Fenno that the letter be filed for future reference. Carried. President Cason requested that the Fina~hce committee audit the accounts of the City and have a final and dill report by th® 28th of #eptember. The matter of closing the Tag Books xas then tak®n up and discussed. It was decided to keep tY~e books open and the Collector try and colleot the balance du®. ~~ ~~x~ President Cason appointed Sir Strickland and Mr. Fenno to ascertain the amount of xarrants held by the Bank of Delray. Motion by L4r. Strickland and second®d by 14r. Fenno that the Clerk issue an interest bearing xarrant to the Bank of Delray as per instructions of Committe®. Carried. Communication from J. Si. Cromer was read, giving figures pertaining to th0 cost of improvements oa Atlantic Avenue. President Cason appointed .fir. Bradshax and Yr. Strickland to confer xith the Board of Trade and the Delray 3provement Associations and inform them that the figures submitted to the Council in regard to paving Atlantic Avenue meets with their approval i.n case petition can be obtainedfrom abutting propertg hold®rs+ with aufficiend signatur®s to warrant them in sec®pting proposition. Ltr. Kristofferson then addressed the meeting in reference ~ to running a pip® line to his place. ~agor Miller made report on building for storing fire apparutus. Pr®sident Cason instruct®d Committee to carrg report. over to nest meeting. -' loved bg Mr. Strickland, aeoonded by Sr. Bradshawa that Counoil ad~ounn. ~~ Carried. Approved this the ~,~7~1~~dag of September A.D. 1914. //7 ~z~r, ~ ~%'I. 7T Pre®ident of Codicil . Attest City Clerk. ~. x r1 BE IT RE1:EI:BERED THAT at a special meeting of the Mayor and Town Council of the Town of Delray, in the County of Palm Beach, State of Florida, held on the 15th day of ;. July, A D 1914, at itr regular place of meeting in the torn of Delray, at four ocloak P Y.,there being then and there present the following Councilmen of said Toren: J. R. Cason Jr ., T. Y. McRae, L. H. Bradshaw, J. G. Fenno, J. G. Strickland. Absent: None, At which m®eting certain proc®edings were had, among which were the following, to wit: Councilman T. )d. McRae presented a e®rtain resolution and mov®d its adoption ar~d thereupon Councilman L. H. Bradshaw seconded said motion to adopt said resolution, and said motion being than and there put to a vot® of the Oyes and Naye and th® roll b®ing called said m®aolution xaa unanimously adopted by the vot® of all the Councilmen present, ®ach of said Counciloren voting "Aye" and there being no vote "Nay" which resolution is in the words and figur®s following toxit: A RESOLUTIOP7 PROVIDING FOR THE ISSUANCE OF {PATER AND LIGHT BONDS OF THE TOPlN OF DELRAY,FLORIDA, TN THE AMOUNT OF TArE1QTY THOUSAND DOLLARS(~"20,000) PRESCRIBING THE FOR3S OF 5AID BONDS, AND PROVIDING FOR THE LEVY OF AN ANNUAL TAX TO PAY THE PRINCIPAL AND INTEREST THEREOF. 4YF?EREAS,At an election duly called and legally h®ld in the Town of D®lray, Palm Beach CAtznty, Florida, on the 16th day of June, A D. 1914, more than a ma~orlty of the. qualified voters of said town vot®d in favor of th® iaauane® of bonds of said City in the amount of Twenty Thousand Dollars 020,000) for th® pvrpoa® of erecting and maintaining a wet®r and light plant in and for said town: NOZ9, THEREFORE BE IT RESOLVED, by the Mayor and Town ~ Council of said Town of Delray, Florida: SECTION 1. That for the purpose of erecting and maintain` a wet®r and light plant in and for said Town of Delray, ~' Florida, there is hereby ord®r®d and directed to be isrued Twenty (20) N®gotiable Coupon Bonds of said town, numbered from one to tw®nty (1-20) both numbers inclusiv®, in th® aggr®gats amount of Twenty Thousand Dollars (20,000): Said bonds shall be known and designated as " @Pater and ,, Light Bonds": Shall be of the denomination oP One Thousand Dollars ®ach (1000): Shall be dated July 1, 1914, shall become du® and payable thirty years from °' their date, without option of pr3`or payment:"Shall bear interest at th® rate of six per centum (6°f.) per annum, payable semi-~+.nnually on the firm day of January and of July in each y®ar, each interest inetallm®nt being evidenced` by proper coupon attached to ®ach bond; both .principal and interest payable at the banning house of the National Bank of Commerce in the City and State of A®w York, in lawfulh the United States of America_ SECTION 2. Said bonds and couponr with the necessary ' i variations to indicate the different numbers and i maturities of interest and installments shall be i substantially in the following form, reapectivels to-xit: 0 fJ ~. UNITED STATES OF AITS'RICA STATE OF FLORIDA COUNTY OF PAL1i BEACH, TOWN OF DELRAY, WATER AND LIGHT BOND NO KNOW ALL l'fEN BY THESE PRESENTS, That the Town of Delray, in th® County of Palm Beach, State of Florida, for value r®ceived, acknowledges itself to owe sad promises to pay bearer on the first day of July, 1944, the principai sum of ONE THOUSAND DOLLARS. with intarert thereon from date hereof until paid at the rate of sin per centum (6f) per annum, payabl® ^emi- annually on the first day of January and of July of eae5h y®ar, upon presentation and surrender of the int®rest couponr her®to attached ar they severally becom® due; both principal and interest payable in lawful money of The United States of America at the Banking House of th® National Bank of Commerce in the City and State of New York, and for the prompt payments of the inatallm®ntr of principal and interest of this toad as they rerpectivelg bocome due the full faith, credit and resources of raid town are hereby irrevocably pledged. THIS BOND is one of a series of 'bonds of the same Sdat® and tenor issued by the Town of D®lray for the purpose of erecting and mantaining a vest®r and light plant in and for said town and it issued pursuant to the favorable vote of more than a ma~oritq of the qualified venters of said tows voting at an election duly called and legally held for that purpose, and pursuant to rerolutionr of said town duly passed, approved and adopted ae requr®d by law, and pursuant to and in full compliance with'aIl the requirements of the Constitution and laver of the State of Florida, including the provisions of the charter of said City, being an act of the Legislature of the State of Florida entitled "AN ACTto abolish the present hunicipal Government of the Town of Delray, in Palm Beach County, Florida; To legalize and validate the Ordinances of raid Town of Delay and officials acts thereunder; 31sC To create ,and Establish a new liunicipalitq to b® known as the Town of Delray, in Palm Beach County, Florida; And to fis and provide its Territorial Limits, Jurirdictie~ and Powers, and the Jurisdiction and Powers of its Officer.. Approved June 4, 191. AND IT IS FURTHER CERTIFIaD AND RECITED THAT all acts, conditions and things required by the Constitution and laws of the State of Florida, and by the charter of •aid town, to ezirt, happen and be performed precedent to and in the issuance of this bond, eairt, have happened and been performed in regular and due form, time and manner as requir®d by 7a.,._ land that the amount of this bond together with all other of said town, does not exceed any limitation imposed ;either b the C n tit ti th y o s u on, e Statutes of Florida, . or by the Charter of Saud town. J i I.iN PrITNESS YdHFREOF, said Town of Delray has caused this this bond to be signed by its Mayor, countersigned by the IPresid®nt of the Tone Council and attested by the C1®rk, ' and its Corpo~ato seal to be hereto affixed, and has ~-~, caused the interest coupons hereto attaches to be executed (with the lithographed fac-simlle signatures of the Mayor, ~Psesident of tho Town Council and C1®rk, respectively, "'° and this bond to be dat®d the first day of July, A D 1914. ~0 r ~ ~ i~ Mayor of the Town of Delray, Floriis Countersigned i Pres ent of the Town Counoil. Attest: i Cl©rk of a Town o Delray, Florida. (dorm of Coupon) NO X80.00 On the first day of (January) (July) TI3F TOWN OF DELRAY, in the County of Palm Beach, State of Florida, will pay to bearer the sum of Thirty Dollars lawflzl money ~'~ of the Unit®d States of America at the banking house of ' the National Bank of Commeroe in the City and State of " New York, being sic months inters®t then due on ita Water . and Light Bond dat®d July 1, 1914, Ho a ayor o the Town of Delray, Flor da. 3 "' Countersigned ; Presid®nt of the Town Counoil. ~ m= ^ Attest: ' Clerk of the Town of =rt ~,. Delray, Florida. x:. ;, ~~M.. 'SZ. iy ~~ `) o :d Validated and confirmed by decree of !Court of the Judicial Circuit iState of Florida, in and for Palm Beach County, ~ li i (SECTION S. Thatpurauant t 16237 of the ~easion Lars of j States Attorney of the Judi (of Delray ie situated shall ' (fact that an election for t bonds was held in said town favor of the icauance of sa ~ of said act providing for t shall be complied with in a thereof. SECTION 4. That said bomd form aforesaid shall be sig by the President of the To ' Town Clerk, and be mpreaee said t w d th i t t n, an o e n eres hereby authorized to be sae fac-cimila signatures of as Covne3l and Town Clerk reap so ea®cuted shall be turned Trustees to be dicpossd of said bonds are sold the pre in a spacial fund to be kno and shall be applied solely this resolution. SECTION 6. That whereas, approved by the 1[ayor and T Delray on April S6, 1914, i Mayor of said Town give not proclamation as required by provided that said notice a the same in a newspaper pub notwithstanding the fact t published in said town, in in order to give the alecti did make such proclamation three conspicuous places as Post Office, Town Hall and day of Lfay 1914 prior to sa rily appearing that said no to notify the electors of s Therefore, the 3~ayor and C1 Delray, do hereby fully app giving of election notice b the Circtii.t of the dated Clerk of the Circuit Cour of s the Judicial Circu , State of Florida, in-:°~ and for Palm Beach County. o~the provisions of Chapter Florida for the year 1911, the ! cial Circuit in which the Town be notified in writing of>: th® he issuance of the above deseribiid'„ and that said election sae in id bond: and that the provision he validation of said bonds ccordance with the requirements `, ?r s when duly prepared in the nad by the ~isyor, countersigned ' wn Council, and attested bq the d with the Corporate Seal of coupons thereto sistached are cuted with the lithographed ` id iiayor, President of the Town actively; and said bonds when over to the Board of Bond ;.y according to law, and when the Deeds thereof shall be deposited `;a wn as the Water tirorks Fund to the purpose indicated by in the resolution passed and own Council of the Town of t was provided that the ioe of said election by law etc and it was inadvertently hould be given by publishing lished in said Town of Delray hat there was no newspaper view of the fact the uayor on notice sufficient publicity and the same was posted in folhvs, to wit: Bijou Theater, on the 16th '; id ®lect3on and it satisfacto- :; tics by posting was sufficient aid town of said election, now tp Council of said torn of rove, ratify and confirm the y posting the same as aforesaid. b f~ .~ ~ , SECTION 6, That for the purpose of making provision for the payment of th® installments of the principal and interest at maturity of said bonds in each of the years 1914 to 1944 inclusive, there shall be annually levied x„, uppn all of the taxable property in the Toren of Delray, One Thousand, ei ht hundred and sixty-aia Dollars and sixty-six cents 1866.66) being One Thousand Txo Hundred ~ollars(~1200.00} to pay the installments of intareat '" as they fall due and Six. Hundred Siaty-Six Dollars and ;; Sixt3r_Sia Cents 0666.66) to provide and create a sinking fund to pay tree principal of said bonds at maturity. "'" S~CTIOS': 7. That in the evexit for any reason any part of the tax hereinbefora authorized shall at any time or times not have bean or can not be collected in sufficient time to promptly pay any installment either of interest or principal of any of saki bonds ~.s the snare i7ecoinc ~1u and payable full authority is hereby granted to the Town Treasurer and he is hereby directed as frequently as it may necessary to do so to borrow the amount or amounts needed to fully pay any such~~installment of either interost or principal from eitizer tho`general fund or any other available fund, or parson, bank or corporation willing to 1oa11 the same and if necessary to do so to pay intareat on any such loan at the most advantageous intareat rate at which such loan or loans are obtainable and thereafter I upon collection of such tax such loans shall be returned to the fund from which it shall have been temporarily borrowed or repaid to tho person, bank or corporation who shall have made such loan with any interest that shall be properly payable thereon. or postpone the prompt payment thereof. SECTION 8. That paid bonds and coupons in the hands of all persons and holders shall for all purposes be preferred= claims as against or obligations incurred by said torm of D®lray and that during the existonce of this indebtedness nothing shall be done which shall in any way impair or depreciate the value thereof or in any way delay, hindor SECTION 9. That any informality or irregularity, neglect or omission in the proceedings of or by the Toren Council or Board of Bond Trustees or any other proceedings relating to the issuance of these bonds or in the levy and collection of the tea herein authorized that may exist shall in no wise impair, invalidate or annul the said bonds or intareat coupons. SECTION 10. That all other ordinances, resolutions or orders heretofore passed by said Mayor and Town Council that are inconsistent or at variance with this ordinance are to the extent of gush inconsistency amended and ropealed. SECTIOPF 11. This resolution shall be in full force and effoat from and after the date of its passage. Passed at of the Town of Delray session of the Towh Council ~.. Palm Beach Gounty, Florida, t?ii.a A.D. 1914. day of ~G~~d ~~ Z P, aident of Town Counci . attest: Town Olerk'. Approved by me this a. D. 1914. day of ~ ,_ ~~.C~t , ~agor of the Town of Delray, Florida. STATE OF F80RTDA ) ss. COUNTY OF PALM BEACH ) T, the undersigned, Town Clerk of tho Town of Delray, Palm Beach County, Florida, Do hereby certify, that the above and foregoing five pages contain a true and correct transcript of the record of the preceedinga of the Town Council of said Town relating to a resolution providing for the issuance of Twenty Thousand Dollars (20,000) 4later and Light Bonds, adopted by said Council at a meeting thereof held on the day of A.D. 1914. IN 4`ITTNESS WHEREOF T offioial seal of the Florida, this hand and the Beach County, A.D. 1914. Town Clerk. have hereunto set mg Town of Delray, Palm _ day of