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12-23-85SpMtg DECEMBER 23, 1985 A Special Meeting of the City Council of the City of Delray Beach, Florida, was called to order by Vice-Mayor Marie Horenburger in the Council Chambers at City Hall at 9:00 A.M., Tuesday, December 23, 1985. 1. Roll call showed: Present - Council Member Malcolm T. Bird Council Member Jimmy Weatherspoon Vice-Mayor Marie Horenburger Absent - Council Member Arthur Jackel Mayor Doak S. Campbell Also present were - City Manager James L. Pennington and City Attorney Herbert W.A. Thiele. Vice-Mayor Horenburger called the meeting to order and an- nounced that this meeting has been called for the purpose of (1) consid- ering public hearing and passage of Resolution No. 99-85 relative to the issuance of not exceeding $5,000,000 Industrial Development Revenue Bonds, 1985 Series (The Seneca Group - Park Ten Project); (2) consider- ing purchase of 8 large mid-size vehicles in the amount of $72,383.20; 4 Police pursuit vehicles in the amount of $39,360.60 from Jim Peacock Dodge, Inc. Funds to come from the 1985-86 budget of the Police Depart- ment; (3) considering approval of payment of Periodic Estimate 91, Foster Marine Contractors, Inc., for Subaqueous Intracoastal Waterway Crossing in the amount of $97,279.85; and (4) considering passage of Resolution No. 98-85 amending Resolution No. 83-85 to adopt a Budget for the Community Development Fund. 1. The City Attorney advised a public hearing on the Industrial Development Revenue Bonds is required to be conducted and then Council will adopt Resolution No. 99-85. The City Manager presented Resolution No. 99-85: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE ISSUANCE OF ITS CITY OF DELRAY BEACH, FLORIDA, INDUSTRIAL DEVELOPMENT REVENUE BOND SERIES 1985 (THE SENECA GROUP-PARK TEN PROJECT) IN AN AMOUNT NOT TO EXCEED $5,000,000 TO FINANCE THE COST OF THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF A WARE- HOUSE, OFFICE AND SHOWROOM FACILITY; PRESCRIBING THE FORM OF THE TRUST INDENTURE TO SECURE SAID BONDS AND AUTHORIZ- ING THE EXECUTION THEREOF; PRESCRIBING THE FORM OF THE LOAN, MORTGAGE AND SECURITY AGREEMENT AND AUTHORIZING THE EXECUTION THEREOF; APPROVING THE FORM OF THE PERSONAL GUARANTY AGREEMENT RELATED TO SAID BONDS; PROVIDING FOR THE RIGHTS OF THE HOLDER OF SAID BONDS; AUTHORIZING A NEGOTIATED SALE OF SAID BONDS; PRESCRIBING THE FORM OF THE BOND PURCHASE AGREEMENT AND AUTHORIZING THE EXECUTION THEREOF; AND MAKING CERTAIN OTHER COVENANTS AND AGREE- MENTS IN CONNECTION WITH THE ISSUANCE OF SUCH BONDS, AS AMENDED, AND PROVIDING FOR AN EFFECTIVE DATE. '- (Copy of Resolution No. 99-85 is on file in the official Resolution~BOOk) The City Attorney read the caption of the resolution. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Bird moved for the passage of Resolution No. 99-85, second- ed by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Weatherspoon - Yes; Vice-Mayor Horenburger - Yes. Said motion passed with a 3 to 0 vote. Before roll call, upon question by Mr. Weatherspoon, the City Attorney clarified that this project is north of Lake Ida Road and east of Congress Avenue. At this point the roll was called to the motion. 2. The City Manager reported that this is the same procedure as used in the past for purchasing through the State Contract and is a budgeted item. Approval is recommended. The reason for bringing this to a special meeting is they are trying to get a month early delivery. Upon question by Mr. Weatherspoon as to why they are using a dealership out of the City, the City Manager advised this is coming off a State contract, the bids are put out state-wide and the Jim Peacock Dodge bid is considerable less than what anyone in the City can do. Mr. Bird moved for approval of the award of the police vehicle contract to Jim Peacock Dodge, Inc., seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Weatherspoon - Yes; Vice-Mayor Horenburger - Yes. Said motion passed with a 3 to 0 vote. 3. The City Manager advised this is the continuation of the project that the SCRWTD Board has approved, the City's 50 per cent portion along with Boynton Beach. The funding is to come from bond proceeds. Mr. Bird moved for approval of payment of Periodic Estimate #1, Foster Marine Contractors, Inc., for Subaqueous Intracoastal Waterway Crossing in the amount of $97,279.85, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Weather- spoon - Yes; Vice-Mayor Horenburger - Yes. Said motion passed with a 3 to 0 vote. 4. The City Manager reported this resolution officially gets the project underway. The City has been notified they are in the process of drawdown; however, before this can be done, the City has to correct the accounts to set up a budget for receiving these funds, and this is simply a budget amendment to allow us to proceed with the program. The City Manager presented Resolution No. 98-85: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 83-85 WHICH MADE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPEN- DITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE FISCAL YEAR 1985-86, BY ADDING A NEW COLUMN ENTITLED "COMMUNITY DEVELOPMENT FUND" SETTING FORTH THE ANTICIPAT- ED REVENUES AND EXPENDITURES FOR THAT FUND FOR THE FISCAL YEAR 1985-86; TO REPEAL ALL RESOLUTIONS AND ORDINANCES INCONSISTENT HEREWITH. (Copy of Resolution No. 98-85 is on file in the official Resolution Book) The City Attorney read the caption of the resolution. Mr. Weatherspoon moved for passage of Resolution No. 98-85, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Weatherspoon - Yes; Vice-Mayor Horenburger - Yes. Said motion passed with a 3 to 0 vote. Vice-Mayor Horenburger declared the meeting adjourned at 9:15 A.M. - 2 - 12-23-85 ~TTEST: The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Council of December 23, 1985, which minutes_~ere formally approved and adopted by the City Council on ~. /.~,/ /~ . NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of City Council. They will become the official minutes only after tkey have been reviewed and approved which may involve some amendments~, additions, or deletions to the minutes as set forth above. - 3 - 12-23-85