12-11-72 231
DECE~.mE_~._~I.1, 1972
A regular meeting of the City Council of the City of Delray
Beach, Florida, was held in the Council Chambers at 7:30 P.M. on
Monday, December 11, 1972, with Mayor James H. Scheifley presiding,
City Manager Jo Eldon Mariott, City Attorney G. Robert Fellows,
and Council members Grace S. Krivos, J. L. Saunders, Leon M. Weekes,
and O. F. Youngblood present.
1. The Lord's Prayer was repeated in unison.
2__m. The Pledge of Allegiance to the Flag of the United States
of America was given.
3. The minutes of the regular Council meeting of November 27,
1972, and the special Council meeting of December 6, 1972, were
unanimously approved on motion by Mrs. Krivos and seconded by Mr.
Youngblood.
4a. Mr. Weekes reported that he had received several calls from
constituents requesting that the Council look into the matter of
installing traffic signals at S.E. 2nd Street and S.E. 5th and 6th
Avenues in both the northbound and southbound highways. The in-
creased traffic flow at these locations makes it impossible for
traffic to cross safely. The approval of the Department of Trans-
portation is required. Mr. Weekes requested that the City Manager
investigate the feasibility of such installations and to pursue
same.
4b~ Mayor Scheifley recognized and welcomed Mrs. Marcia Blood, a
new employee in the City Clerk's Department.
4c. Mayor Scheifley read a PROCLAMATION proclaiming Friday and
Saturday, February 16th and 17th, 1973, as Poppy Days for the pur-
pose of cOllecting funds by the American Legion Auxiliary Unit No.
65 for veterans who are disabled in the service of their country.
4d. Mayor Scheifley read a letter directed to Mr. John Davis,
President of the .Delray Beach Chamber of Commerce, commending the
Work of the Chamber of Commerce, Dr. Warren Nubern and Mr. Ken
Ellingsworth in organizing the Christmas Parade. The Mayor indicated
that the attendance was greatly increased over previous years by
having the'parade in the evening and expressed the hope that it would
continue as an annual event'.
4e. Mayor Scheifley noted the presence of Mr. Herbert Bernenko.
He acknowledged Mr. Bernenko's letter in the Delray Beach News
Journal concerning the consolidation of elections, and commended
him on his idea and interest.
5a~. Mr. Irwin W. Kresser commented from the floor that the boat
parade had been started too soon after the Christmas Parade arrived
at the City Park, thus depriving many people of the opportunity to
view them. Mayor Scheifley agreed and stated that, as Director of
the Chamber of Commerce, he would request this portion of the Christ-
mas Parade to be scheduled for a different night or at a time that
would allow the boats to be viewed.
5b. Mr. Kresser commented on the sign on N.E. 2nd Avenue near the
Post Office that reads "Ped X Ing". He stated many people did not
understand the sign in its present abbreviated form. Mr. Weekes
/1-7
232
replied that any driver must take a test in which this and similar
signs ~pp~ar. He pointed out that this is a stand~rd sign of the
Department of Transportation. Mayor Scheifley requested the City
Manager to check with the prope~r authority concerning this since
the possibility exists that there is a problem in reading this type
of sign. He requested that the City Manager be prepared to give a
report on this at the next workshop.
6a. The City Manager reviewed the problem that exists due to
erosion washing out part of the Highland Beach sewage force main.
He said this force main would be installed on the west side of High-
way A1A, beginning at Casuarina Road and extending south approximately
200 feet and on Casuarina Road from the Casuarina-Highway A1A inter-
section westward to Venetian Way, the point of discharge. -
Two bids received for reconstruction of the sewage force main
are as follows:
Underground Utilities Co. $28,072.20
West Palm Beach
A. J. Orton Construction Co. $28,907.85
West Palm Beach
Alternate Bid $28,837.85
The City Manager recommended that the contract be awarded to
the' low bidder, Underground~Utilities Company, in the amount of
$28,072.20, with the funding to come from the Contingency Account of
the Water and Sewer Fund.
The City Manager reported that in the period between the time
the' force main was washed out and reconstruction is completed, the town
of Highland Beach sewage is being dumped into the gravity system of
the City. This eliminates the ability to meter the sewage according
to the contract between Highland Beach and Delray Beach. Therefore,
total revenue that Delray Beach receives from Highland Beach is $754.00
per month. With the reinstitution of the force main and reintroduction
of the use of a meter, the amount of revenue that would be received by
Delray Beach would be increased as time and building in the area pro-
gress.
Mr. Saunders asked if the force main would serve anyone other
than Highland Beach and whether or not Highland Beach planned to pay
any of the reconstruction costs to be incurred. Mr. Mariott replied
that it would serve only Highland Beach and that city did not plan to
pay any costs. He stated that the consulting engineers and the Finance
Department had checked this and had concluded that this is clearly the -
responsibility of the City of Delray Beach. Mr. Saunders stated that
if Delray Beach bears the entire cost, it would definitely reduce the
profit realized and some increase in rate should be reflected.
Mayor Scheifley indicated his agreement with this statement and
proposed that if the contract is interpreted as stated, it should be
changed. The City Manager stated that the contract between the two
municipalities had been approved by both Highland Beach and Delr~y
Beach several years ago. He suggested, as did Mr. Saunders, that the
solution would be to change the rate structure to recover some of the
costs to be incurred by Delray Beach.
The City Manager informed the Council that at the present time,
Delray Beach is in the process of renegotiating the rates to reflect
the cost of the new 90% sewer treatment plant.
Mayor Scheifley stated Delray Beach should not be required
233
to subsidize Highland Beach and the $28,072.20 should be recovered
in some manner. The City Manager stated that this problem could be
resolved by fixing the rate schedule to provide the cost and the
modicum of profit called for in the contract.
Mr. Ernest Schier protested from the floor the plan to have
the city of Delray Beach taxpayers pay for the force main for High-
land Beach.
Mayor Scheifley asked if everyone were satisfied with the
location of the proposed force main to which agreement was voiced.
Mr. Weekes, pointing out that Delray Beach must install this force
main in order to have metered readings, moved that the contract be
awarded to the low bidder, Underground Utilities Company of West
Palm Beach, for the amount of $28,072.20, the funds to come from the
Water and Sewer Contingency Account. The motion was seconded by Mr.
Youngblood and unanimously carried.
7a. The City Manager noted that a request had been received from
the Reverend Harold Norman to erect a tent at 1023 W. Atlantic
Avenue for the purposes of holding a revival during the period of
January 15 to January 29,1973. All City requirements have been met '
and Mr. Mariott recommended that approval be given. Mr. Young-
blood moved that the request be approved. Mr. Saunders seconded
· the motion and it was unanimously carried.
8a. The.City Manager presented Resolution No. 54-72.
A RESOLUTION AUTHORIZING THE ISSUANCE OF
$460,000 WATER AND SEWER REVENUE ANTICIPATION
NOTES, PROVIDING FOR THE PAYMENT THEREOF AND
ENTERING INTO CERTAIN COVENANTS AND AGREEMENTS
IN THAT CONNECTION.
(Copy of Resolution No. 54-72 is attached to the official copy
of these minutes.)
City Manager Mariott stated that on June 13, 1972, the City
had entered into an agreement to purchase a site on which to build
the City's new sewage treatment plant. The terms of the purchase
agreement call for the payment of $50,000 at that time and the
balance of $460,000 not later than December 31, 1972. No proceeds
will be received by December 31 1972 from the $5 000,000 00 Water
and Sewer Revenue Bond Issue from which funds the money would ulti-
mately come to purchase this piece of property.
The City Manager recommended that Resolution No. 54-72 be
adopted which would authorize the issuance of Water and Sewer Revenue
Certificate Anticipation Notes amounting to $460,000.00. This would
permit the City to close the acquisition of property as provided in
the June 13th agreement. The Revenue Certificate Anticipation Notes
would be picked up equally by the two banks in Delray Beach. The
City Manager noted that John Trimble, Bond Attorney in New York, has
approved the proposed resolution.
Resolution No. 54-72 was unanimously passed on motion from Mrs.
Krivos and seconded by Mr. Weekes.
234
Bb. City Manager Mariott presented Resolution No. 55-72.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING A~ID ABANDON-
ING A PORTION OF PEACH STREET AS SHOWN ON THE
PLAT OF LIBERTY HEIGHTS SUBDIVISION.
(Copy of Resolution No. 55-72 is attached to the official copy
of these minutes.)
The city Manager stated that City Council, on January 10th,
1972, had determined, upon recommendation of the Planning and Zoning
Board, to abandon the portion of Peach Street lying east of the east
right-of-way line of State Road 1-95. Mayor Scheifley ascertained
that the property owners were still in accord with the request. Mr.
Youngblood moved that Resolution No. 55-72 be passed. Mr. Saunders
seconded the motion which was unanimously carried.
8¢. City Manager Mariott presented ORDINANCE No. 41-72.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF ~'
DELRAY BEACH CERTAIN LANDS LYING IN SECTION 8,
TOWNSHIP 46 SOUTH, P~ANGE 43 EAST, WHICH LANDS
ARE CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF
SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY
TO INCLUDE SAID LANDS; PROVIDING FOR THE RIGHTS
AND OBLIGATIONS OF SAID LANDS; AND PROVIDING FOR
THE ZONING THEREOF.
(Copy of Ordinance No. 41-72 is attached to the official copy
of these minu~es.)
The City Manager said that on first reading of this Ordinance
there was some question as to whether it should be annexed subject
to R-1AA zoning which was requested by the applicant, or whether it
should be subject to R-1AAA zoning. The Planning and Zoning Board
recommend R-1AAA zoning for this property and the applicant is agree-
able to this change. The Ordinance has been changed to reflect the
recommended zoning classification.
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, and there being no objections to Ordinance
No. 41-72, said Ordinance was un. animously passed and adopted on this
second and final reading, on motion by Mrs. Krivos and seconded by
Mr. Saunders.
8d. The City Manager presented ORDINANCE No. 42-72.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING SECTION 29-6.1
(c) (2) (dd), CHAPTER 29 OF THE CITY'S CODE OF
ORDINANCES PERTAINING TO DEPARTMENT STORE IN
THE CC ZONE.
The City Manager informed the Council that the effect of this
Ordinance would simply remove the words from the recently passed
zoning ordinance (in the specified section) "Junior Department store
not to exceed 30,000 square feet of total floor area" and to replace
those words with "Department store". Mr. Weekes commented on the
235
possibility of the present wording preventing a company from coming
into the area and voiced his agreement to the Ordinance.
Ordinance No. 42-72 was unanimously placed on first reading
on motion by Mr. Saunders and seconded by Mr. Youngblood.
!0a. The following Bills for Approval were unanimously approved for
payment on motion by Mr. Weekes and seconded by Mr. Youngblood.
General Fund ........ '$176,709.12
Water and Sewer Fund .... 106,426.25
Cigarette Tax Fund ..... 4,057.72
Utility Tax Fund ...... 63,745.00
Improvement Trust Fund . . . 182,690.21
Beach Restoration Fund . . . 17,000.00
10b. The City Manager stated that the~City today had received its
first check under the Federal Revenue Sharing Plan in the amount of
$100,791.00. It appears this check is for a period of six months
which indicates the City can expect approximately $200,000 a year
from the Federal Revenue Sharing Plan. This money can be invested
to draw interest until~such time as permanent disposition is decidedj
Mrs. Krivos asked if anything might~be set up as a basis for
what might be received since it had been indicated some cities would
be receiving more than had been anticipated. Mr. Mariott stated
there was a very complicated formula involved which he had not yet
had time to study, but he believed the amount was close to what they
had expected to receive based on population, type of city, etc. Mayor
Scheifley informed the Council that West Palm Beach had received the
largest amount, Lake Worth the next highest and Delray Beach the third
h~ghest amount in Palm Beach County.
10bl. Mr. Weekes wished everyone a very Merr~ Christmas.
1062. Mayor Scheifley welcomed Mr. Mark Baldwin, a recent Council
candidate, to the Council meeting and asked that he return.
The meeting adjourned at 8:10 P.M.
APPROVED:
MAYOR
-5-
236
236A
ORDINANCE NO. 41-72.
AN ORDINANCE OF T~{E CI~Z COUNCIL OF THE CITY OF
DELILAY BEACH, FLO~!DA, ANNEXING TO qT~E CITY OF
DELP~Y I~EACH CERTAIN ~DS LYING I~ SECTION 8,
TOWNSHIP 46 SOUTH, P3~NGE 43 EAST, W~[~ICH ~ANDS
A~ CONTIGUOUS TO EXISTING M~ICIPAL LIMITS OF
SAID CITY; REDEFINING THE BO~ARIES OF SAID
CI~ TO INCL~E SAID t~S; PROVIDING FOR T~
RIGHTS A~ OBLIGATIONS OF SAID ~S; AND PRO-
VIDING FOR T~ ZONING THEREOF.
~E~S, ~LTER DIETZ is the fee simple o%~er of the land herein-
after described; and,
~AS, WILL~M P. SMITH, duly authorized agent, in behalf of
WALTER DIETZ, has petitioned and given permission for the annexation
of said lands by the City of Delray Beach; and,
~AS, the City of Delray Beach has heretofore been authorized
to annex lands in accordance with Section 185.1 of the City Charter of
said City granted to it by the State of Florida,
NOW, THE~FO~, BE'IT O~AIN~ BY ~E CI~ CO~CIL OF T~ CITY 0~
DEL~Y BEACH, FLORIDA, as follows:
Section 1. That the City Council of the city of Delray Beach,
Palm Beach County, Florida, hereby annexes to said City the following
described lands located in Section 8, To. ship 46 South, Range 43 East,
Palm'Beach County, Florida, which lie contiguous to said City, to-wit:
.The East 100 feet of the North 1~3 feet of Lot 17 of the
Subdivision of Section 8, To, ship 46 South, Range 43 East,
as recorded in Plat Book 1, Page 4, Public Records of Palm
Beach County, Florida.
Section 2. That the boundaries of the City of Delray Beach,
Florida, are hereby redefined so as to include therein the above
described lands, and said lands are hereby declared to be within the
corporate limits of the City of Delray Beach, Florida.
Section 3. That the lands hereinbefore described are hereby
declared to be subject to R-l~A zoning, as defined by existing
ordinances of the City of Delray Beach, Florida.
Section 4. That the lands hereinbefore described shall i~ediately
become subject to all of the franchises, privfleges, immunities, debts,
obligations, liabilities, ordinances and laws to which lands in the
City of Delray Beach are now or may be, and persons residing thereon
shall be deemed citizens of the City of Delray Beach.
Section 5. That if any word, phrase, clause, sentence or part of
this Ordinance shall be declared illegal by a Court of competent
jurisdiction, such record of illegality shall in no way affect the
remaining portion.
PASSES in regular session on the second and final reading on the
City Clerk ~'
First Reading November 27, 1972
Second Rcad]ng DecaYer 11, 1972
: · H 236B
RESOLUTIO[~ NO. 5d-72.
Notes, providin~r, for the pa):m~ ..... ;, thereof nnd
enterin~ into certain covenants and agreements
in that connection.
WHEREAS, on Septetnber 11, 19.7-2, the City Council of the City of
DelrayBeaeh adopted Resolution Number 48-72, authorizing theissuanee of
$5,000,000 \Vater and Sewer Revenue Bonds, Series 1972, of the City of _
Delray Beach, for the purpose of the construction and acquisition of.addition
extensions and improvements to the Combined Public Utility of said City,
consisting of, but not being limited to, .new sewage treatment facilitie~foree
mains and sewer collection system improvements, sewer system and ..
rehabilitation and repairs to the existing collection facilities in unsewered
areas, water main extensions, water treatment plant expansion, water supply
:: and water main extensions, all substantially ~n accordance with the plans and
~ specifications prepared by Russell & /~xon, Consulting Engineers of Daytona
; Beach, Florida, now on file or to be filed with the City Clerk, at an estimated
'" cost of Nine Million Four Hundred Fifty-one .Thousand Two Ilundred Twenty-
six- Dollars ($9,451,226), consisting of the proceeds of the Bonds authorized
herein and other funds available therefor. Such cost shall be deemed to
include the cost of the construction or acquisition of additions, extensions
and improvements to said Combined Public Utility, including the acquisition
of any lands or interest therein and of any fixtures or equipment or properties
deemed necessary or convenient therefor, interest upon the Bonds issued
~ursuant to this Resolution prior to the completion of such additions,
~xtensions and improvements to the extent that the revenues derived from
said Combined Public Utility are insufficient therefor, engineering and legal
expenses, fees for financial services, expenses for estimates of costs and of
revenues, expenses for plans, specifications and surveys, administrative
expenses and such other expenses as may be necessary or incidental ~o the
rc~olution; and
\V!I]3J'[.EAS, said certificates have be.:.:~ va]i;iated by the Circuil Court
of the Fifteenth Judicial Circuit o17 the State of Florida in and for Pahn Beach
County, Case No. 72 C 5447 Stewart, ......
pursu~t.~ to decree entered on October
31, 1972; and
WItEREAS, said Water and Sewer Revenue Bonds, Series 1972, have
not yet been sold and it is desired to borrow money in anticipation of receipt
of the proceeds of said certificates through the issuance of anticipation notes
under Section 215. 431 of the Florida Statutes (Laws 1959, Chapter 59-127);
NOW, TIIEREFORE, be it resolved by the City Council of the City of
,.
i Delray Beach, as follows:
:- Section 1. That for the purpose of paying the cost of the land needed
: fo~; the sewage treatment plant in compliance with the terms of a contract
entered into between the City of Delray Beach and Melvin I. Muroff and
~ Gloria Muroff dated June 13, 1972, and in anticipation of the receipt of the
o:
: proceeds of the sale of $5,000,000 Water and Sewer Revenue Bonds, Series
1.972, of the City of Delray Beach authorized by Resolution Number 48-72,
" ih'ere are hereby authorized to be issued the \Vater and Sewer Revenue
'' Certificate Anticipatio~ Notes of the City of Delray Beach in the aggregate
· ; principal amount of $460,000. Said 'notes shall be dated Decemker 27,' 1972
and shall bear interest from the date of delivery thereof until payment of
;
principal at the rate of three and three quarters per cent 3.75% per
annum payable semiannually, on the first daysz of June and December of each
year, both principal and interest to be payable in lawful money of the United
States of America at the principal offices of First National Bank of Delray
Beach and Delray Beach ,National }3ank in the City of Delray Beach,' Florida.
Said notes shall mature December 1, 1973
Said notes at any time outstanding shall be payable upon ten days
notice bv the city as a whole, and not in part, at any time from the. proce{.d.~
of tile :-;ale of nc afo:','n~..ntioned Water and ?ewer ]"~.ve.nue 13,'>~,!s, Serif.::: il,
Section '2. T}t:tt ?:~.id :'~o'.cs are hercbv
-2-
Resolution 54-7'2. ~8~}
236D
below, to ihe fo]lov,dnf~ rc.:.:~p~ctive purchaser':~:
'$460,000 Note.. Due Decem:~ ,:.r 1 1973
Notes Numbered Denominations Purehas ers
.. 1. $230,000 FirSt National Bank of Delray Beach
2. .$230,000 Delray Beach National Bank
Section 3. That said notes shall be issued in registered form and
shall be payable as to principal and interest only to the registered owner c
his legal representative. Interest on each of said notes shall run from thc
date of deliver),, which shall be specified therein, until payment of principal
and' the Mayor and City Clerk shall cause such date to b~ written or stamped,
at the appropriate place, on the face of each such note Prior to delivery thereof.
.. Section 4. That the Mayor, Director of Finance and City Clerk s~all
have prepared and execute, under seal of the City of Delray Beach, fully
... registered noie's in substantially the following form:
.. UNITED STAiSEs OF AMERICA
STATE OF FLORIDA
COUNT Y OF PALM B EACH
-CITY OF DELRAY BEACH
:. WATER AAq) SEWER REVENUE CERTIFICATE ANTICIPATION NOTEI
Number $ 230,000.00
KNOW ALL _..'MEN BY THESE PRESENTS that the City of Delray Beach
in the County of Palm Beach-and State of Florida for value received hereby
promises to payto the registered owner hereof, solely from the source
hereinafter specified, the sum of Two Hundred thirty thousand
Dollars ($ 230,000.00 ) in lawful money of the United States of
America on or before December 1, , 19 73 , and from said
source to pay interest on said sum from the date of delivery hereof (
December 27, lq72 )~ at the rate of three and three q~arters
per cep. t ( 3.75%'o ) per ap. hUm, payab]e ~;emi~atmllv on
June :~tt~l l)cc,.~b(-.r i:i cach year', :trod t~pon ]~:>-m~.r~t of the
236E
in the
upon presentation of thi~ note for appropriate annotations on the payment
recor0 hereto attache~ when interest is paid and for surrender and
cancellation when principal is paid. Payments of interest shall be noted
on the payment record and made a part of this note.
This note is one of a duly authorized issue of $460,000 notes issued in
anticipation of the receipt of the proceeds of the sale of $5,000,000 Water and
Sewer Revenue Bonds, Series 1972, of the City of DelrayBeach, which were
authorized pursuant to Resolution Number 48-72 adopted by the City Council
· 0f the City of De/ray Beach on September 11, 1~72, for the purpose of..the
construction and acquisition of additions, extensions 'and improvements to the
Combined Public Utility of said City, consisting of, but not being limited to,
neTM sewage treatment facilities force mains and sewer collection system
improvements, sewer system and rehabilitation and repairs to the existing
collection facilities in unsewered areas, water main extensions, water
tFeatment plan expansion, water supply and water main extensions, all
'substantially in accordance with the plans and specifications prepared by
Russe~ & ~xon, Consulting Engineers of Daytona Beach, Florida, now on
file or to be filed with the City Clerk, at an estimated cost of Nine Million
Four Hundred Fifty-one Thousand. Two Hundrcd Twenty-sLx Dollars
($9,451,228), consisting of the proceeds of the Bonds authorized herein
and other funds available therefor. Such cost shallbe deemed toinclude
the cost of the construction or acquisition of additions, extensions and
improvements to said Combined Public Utility, including the acquisition
of any lands or interest therein and of any f2tures or equipment or properties
deemed necessary or convenient therefor, interest upon the Bonds issued
pursuant to this P~e~otution pr'lot to the comp].etion of such additions.
extension:~ and 5mprovc. ments to t}~e extent tl~o.t the revenues; derived fro?n
~ ° ! 236F
rev(~nuc~s, c,×pense:; for p]nn:~;, speci£icalions and surveys, adminJsir.
exl~cns(., a~(lsu(:~.~' " o~her e'xl:en~;e~ ,..an ~ may })c ~:cce~s;ai.'v~ or' incident;~l to the
financin~ authorized by thi~:; resolution, and %1':c~ construction or acquisition of
the additions, %xtensions and improvements tesaid Water and Sewer System
authorized by this resolution, and the placing of same in operation, and for
the pa~ent of any temporary obligations issued for the purposes provided in
this resolution. Said issue of notes has been authorized pursuant to
resolution adopted by said City Council on December 11, , 197
under authority of the Florida Statutes, Section 215. 431.
The City of Delray Beach has covenanted and agreed and does hereby
.covenant and agree to exercise its best efforts to issue and deliver all or a
sufficient portion of the aforementioned $5,000,000 Water and Sewer Revenue
'Bonds, Series 1972, and toapplythe proceeds thereof to the pa~ent of the
notes of which this is one prior to March 'I, 1973 .
· T~s note and the issue of which it is a part are payable solely from
' the proceeds of the $5,000,000 %~a{e~ and Sewer Revenue Bonds, Series 1972,
in anticipation of which they are issued, exqept that interest on said notes
" fa~ling due at any time prior to the issuance and delivery of said %Vater and
Sewer Revenue Bonds, Series 1972, shallbe paid from the current revenues
· to be derived from the collection of water and sewer charges of the City of
Delray]Beach. Except to,he extent precluded by the rights of the holders of
outstanding Water and Sewer Revenue Certificates, the holders of the notes of,
the issue of which this is on~.shall have all'-bf the rights and privileges
provided for the security of the Water and Sewer Revenue Bonds,. Series
1972, in anticipation of the procecds of which such notes are issued, and
shall have the same right to enforce all remedies as is provided by Resolutior'~
.. Number 48-72 authorizing said certificates. For a more particular statement]
- of the covenants securing the notes of the issue of which this is. one refCrence'~
is hcreby made to the aforementioned rcso!ution of D~_:cember !1;
1972.
'?]~IS I'~(,t~~ tlO('~ t1,~)t Co~I:::~..i.C ~. (.c
-5-
Resolution 54-72.
236G
Del:my ]~,~oc.h nor shall ~aid city be obli?atc.d :o p~v lhf~ note or inter~,st
thereon ~:,xc.e)t from i~-. id ~;~: '~" 000 Vfatc, r and C(,v.,
. _..] t,,~. I)roc:cc~t']s of sa ,, ~., '.'.'~'. , ,., or
~evenue ]'_,OHOS,. Series 19~2 and the water at;u sewer char~es.
I% is h~reby ccr'ti['ied and recited that all acts, conditions and things
required by the Constitution and laws of Flor~c]a including the charter of sa~d
city and the proceedings authorizing the issuance hereof, to happen, exist and
be performed precedent to and in the issuance of this note have happened,
exist and have been performed as so required.
IN %V~NESS WHEREOF, the City of Delray Beach has caused this 'note
to be executed on its behalf by its R'Iayor, countersigned by its Director of
Finance, and attested by its City Clerk, and the corporate seal of said city
' %obe impressed hereon, all as of the 27th day of December
1972.
" Mayor
' Counters igned:
Director of Finance
Att est:
City Clerk
(Provision f~r Registration)
This note has been r.egistered'as to.principal and interest in the name
o£ the holder hereof on the books of the Director of Finance of the City of
Delray Beach as Registrar as follows:
Date of Rc.~istrv Name of Rc?istered !{o],:ter Si:mature of Resisto'ar
Resolution 54-72.
236H
and transfer unto thc w]lhin note
rJgl~t, title and inierc:-.'t iiiert:to arid irrevocat,}-,, .... ,~l~,:,~].'ize' ~: nnd apj)c)int
· Attorney, to transfer said note onthe
books of.thc Registrar with full power of subs'~ihttion in the premises.
Dated .... , !9 .
(L.S.
In the presence of:
Wit ness es
"" .P. a_ yment Record
Interest Payment (" ) ' "Name of Paying Age'~t
Knd signature and Title
'Date Due Amount Date Paid of Authorized Official
Section 5. That in consideration of th.e purchase of said notes by the
respective purchasers thereof, the City Of De!rayBeach hereby agrees so
.long as any of the notes 'herein authorized remain outstanding, as follows:
A. The holders of said notes shall have the right to enforce all of the
covenants prescribed by the proceedings authorizing the issuance of the Water
and Sewer Revenue Bonds, Series 1972, and all other water and sewer
revenue bonds of the city now outstanding, in~'~-ud'_'ng, without limitation,
the right to require the city to pay interest on and sinking fund charges in
favor of al! water and sewer revenue bonds, as well as the notes herein
authorized as may be outstandin% from time to time.
B, The city represents that it has now and wi~ from time to time
..c ,~, and ell the Water and ..~ev.'er Revenue Bonds, Series~
have the power to ~,~._u~ s e
1972, authorized pursuant to Resolution Num!)er 48-72.
Resolution 54-72
, · 236I
D. Except for obligations now outstanding, the city will
not incur or permit to exist any obligations, debts or direct or
contingent liabilities of any character whatsoever which are or
may be enforceable against the water and sewer charge collections
except as evidenced'by the notes herein authorized and One
Million Dollars ($1,000,000~00) in additional bond anticipatiOn
notes thereto and the Water and Sewer Revenue Bonds, Series 1972.
E. The city will apply the proceeds of said notes solely
for the purpose for which they are herein authorized.
F. The holders of the notes herein authorized shall ha.v.e'
any and all rights and remedies either at law or in equity to
enforce the provisions of this resolution and the notes herein
authorized.
~ G. The' city will supply all necessary information to the
holders of the notes that any such holder may reasonably require
or request to show that the city is carrying out its covenant
and agreements as herein set forth.
H. The city {~ill incur no obligation payable from the
.. proceeds of said Water and Sewer Revenue Bonds, Series 1972,
· ~ ranking ahead of the obligation of the city to pay the notes
herein authorized from said certificate proceeds.
Section 6. That the city intends-, and will use its best
efforts to make all necessary arrangements in order to issue and
deliver the Water and Sewer Revenue Bonds, Series 1972, and to pay
the notes herein authorized prior to March 1, 1973. The'city
agrees, however, that said certificates will not be sold at a
price less than 95% of the principal amount thereof and that
Resolution Number 48-72 will not be amended to reduce the amount
of certificates of said issue to an amount less than will produce
sufficient proceeds to assure, with any available revenues, the
retirement of all of the notes herein authorized, except with
Resolution 54-72.
236J
the consent o~ the holder of every note which shall not be paid
in full upon the issuance and delivery of said certificates.
SeCtion 7. That if, at any time after December 1, 1973,
the holders of 10~/o in aggregate principal amount of the notes
then outstanding shall feel it necessary to prevent default
in the payment of the principal amount of the notes herein
authorized, said holders may require the city through the right
of mandamus on the city to offer the bonds for sale.
Section 8. That if any section, paragraph, clause or
provision of this resolution shall be held to be invalid or
ineffective for any reason the remainder of this resolution
shall continue in full force and effect, 'it being expressly
hereby found and declared that the remainder of this resolution
would have been adopted despite the invalidity or ineffectiveness
of such section, paragraph, clause or provision.
Passed and adopted December 11, 1972.
.. // Mayor ~/
Attest:
City Clerk~
The foregoing resolution and f~rm of note therein contained
are hereby approved as to form this llth day of December, -
1972 .
/s/ G. Robert Fellows City Attorney
The foregoing resolution and the expenditures for which
provision is therein made are approved by me this llth .day
of De ce~er, 1972 .
/s/ Thomas E. Weber
Director of Finance
-9-
Resolution 54-72.
236K
NO. 55-72.
A RESOI,UTIOI~ OF 'i%~E C]]~EY COUNCIL OF T[].E CITY OF
DELt-~J~Y BEACI-I, FLORIDA, VACATING A~ID flBAI'~-DON!NG A
POIITION CI~ PEACH ST?dE!ET AS SttOWN ON T~ PI,AT OF
LIBERTY HEIGI{TS SU}$DIVISION.
WHEREAS, JOHN H. NIXON, JAMES L. BASSA and O. D. PRIEST,
SR., ovrners of all lots abutting Peach Street as shown on the
Plat of Liberty Heights Subdivision per Plat Book 24, Page 56,
Public Records cf Palm Beach County, have petitioned the City
of Delray Beach for abandonment of that portion of Peach Street
lying East of the East right-of-way line of State Road 1-95, and
WHEREAS, the City Council deems it to be in the best
interests of the City to abandon said portion of Peach Street;
NOW, ~{EREFORE, BE IT RESOLVED-BY Tk~ CITY COUI~CIL OF TI~E
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
1. That, pursuant to Section Seven (7), Paragraph Three
(3), of the Charter for the City of Delray Beach, Florida, it is
hereby determined to vacate and abandon the following described
right-o f-way:
That portion of Peach Street shoTM on the Plat of
Liberty Heights as recorded in Plat Book 24, Page'
56, Public Records of Palm Beach County, Florida,
lying East of the East right'of-way line of State
Road 1-95 as indicated on Right-of-way Map of State
Road Department (Department of Tran.sportation)
Drawings Section 93220 - 2411 - Sheet 21, and West
of the West Right-of-way line of Northwest 14th
Avenue as now constructed and in use.
PASSED AND ADOPTED in regular session on this llth day of
December, 1972.
City Cler~
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