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Res 14-72 ,, RESOLUTION N,O., A RESOLUTION PROVIDING FOR THE ISSUANCE OF $2,000,000 BEACH IMPROVEMENT BONDS OF THE CITY OF DELRAY BEACH, FIXING THE MATURITIES, FORM AND OTHER DETAILS OF SAID BONDS AND PROVIDING FOR THE PAYMENT OF THE PRINCIPAL AND INTEREST THEREOF. WHEREAS, there was duly submitted to the quali- fied electors residing in the City of Delray Beach at an election held on the l~th day of March, 1972, the ques- tion of the issuance of bonds of the City in the principal amount of $2,000,000 for the purpose of financing the cost of the construction and acquisition of beach improvements in said City, and purposes necessary or incidental thereto; and WHEREAS, at said election the issuance of said bonds for said purposes was duly approved by a majority of the votes cast in said election, in the manner provided in the Constitution and Statutes of the State of Florida, now, theref ore, BE IT ORDAINED BY THE CITY OOUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That for the purpose of providing funds to finance the cost of the construction and acquisition of beach improvements in said City, as described in the Resolu- tion calling said bond election, and other purposes appur- tenant, necessary or incidental thereto, there shall be is- sued bonds of the City of Delray Beach in the aggregate -1- amount of not exceeding Two M~llion Dollars pursuant to the Charter of said City, con- Chapter 25786, Laws of Florida, Acts of 1949, supplemented, and other applicable statutes. shall be designated "Beach Improvement Bonds", February 1, 1972, shall be in the denomina- Thousand Dollars ($5,000) each, shall be num- 400, both inclusive, and shall bear inter- or rates not exceeding the maximum legal rate law, payable on February 1, 1973 and thereafter semi- August 1st and February 1st of each year. Said mature in numerical order on February 1st of follows: 1974 $ 25, ooo 1975 30,000 1976 30,000 1977 30,000 1978 35,000 1979 35,000 1980 40,000 1981 40,000 1982 40,000 1983 45,000 1984 50,000 1985 5o,o0o 1986 55,000 1987 60,000 1988 60,000 1989 65,000 1990 70,000 1991 75,000 1992 80,000 1993 80,000 1994 85,000 1995 95,000 1996 100,000 1997 105,000 1998 110,000 1999 115,000 2000 125,000 2001 130,000 2002 140,000 14-72 -2- Section 2. Said bonds shall be executed in the name of the City by its Mayor and its corporate seal or a facsimile thereof shall be affixed thereto or reproduced thereon and attested by its City Clerk. The facsimile signatures of said Mayor and City Clerk may be imprinted or reproduced on said Bonds, provided that either the Mayor or City Clerk shall manually apply his signature on said bonds. The coupons attached to said bonds and validation legend appearing on each of said bonds shall be authenti- cated with the facsimile signatures of the present or any future Mayor and City Clerk. The principal of and interest on said bonds shall be payable in lawful money of the United States of America at The Chase Manhattan Bank (N.A.) New York, New York, and said bonds may have such provisions for prior re- demption as shall be hereafter determined. Section 3. That said bonds shall be registerable as to principal only or as to both principal and interest in the manner hereinafter provided in the form of said bonds. Section 4. That said bonds and the certificate of validation to be printed on the back thereof shall be sub- stantially in the following form: Resolution No. 1~-72 -3- No. UNITED STATES OF AMERICA $5,000 STATE OF FLORIDA COUNTY OF PALM BEACH CITY OF DELRAY BEACH BEACH IMPROVEMENT BOND KNOW ALL MEN BY THESE PRESENTS that the City of Delray Beach, in the County of Palm Beach, a municipal cor- poration of the State of Florida, for value received, here- by acknowledges itself to be indebted and promises to pay to bearer, or if registered to the registered holder hereof, the sum of FIVE THOUBAND DOLLARS in lawful money of the United States of America at The Chase Manhattan Bank (N.A.), New York, New York, on the first day of February, 19 , with interest thereon at the rate of per centum ( ) per annum, payable in like lawful money at the same place on February 1, 1973 and semi-annually thereafter on the first day of February and the first day of August in each year, until the payment of the said principal sum, upon presentation and surrender of the annexed coupons as they severally become due, or if this bond is registered as to principal and interest to the registered holder at the request of the holder. (Here insert redemption provisions if any) This bond is one of an issue of bonds of like date, amount and tenor, except as to interest rate and maturity, amounting in the aggregate to not more than $2,000,000 and is issued for the purpose of paying the cost of the construc- tion and acquisition of beach improvements in said City, and related purposes, pursuant to the Constitution and statutes of the State of Florida, including particularly the Charter of said City, the same being Chapter 25786, Laws of Florida, Acts of 1949, as amended and supplemented, and pursuant to the approval of the qualified electors of said City at an election duly called and held, and pursuant to a resolution duly adopted by the City Council of said City. It is hereby certified and recited that all acts, conditions and things essential to the validity of this bond exist, have happened and have been done, and that ever~ requirement of law affecting the issue thereof, has been Resolution No. 1~-72 '~' duly complied with and that this bond is within every debt and other limit prescribed by the Constitution and Laws of said State; that the full faith and credit of the City of Delray Beach, in the County of Palm Beach, Florida, are hereby irrevocably pledged for the punctual payment of the principal and interest of this bond according to its terms; and that provision has been duly made for the levy and collection of a direct annual tax without limit as to rate or amount, upon all taxable property within said City suf- ficient to pay the principal of and interest on this bond as the same shall become due. This bond may be registered as to principal only i or as to both principal and interest in the manner provided on the back of this bond. IN WITNESS WHEREOF the City of Delray Beach, in the County of Palm Beach, Florida, has caused this bond to be issued by its Mayor, either manually or with his fac- simile signature and its corporate seal to be hereunto affixed or impressed or imprinted hereon, and attested by its City Clerk, either manually or with his facsimile sig- nature, and the coupons hereto affixed to be signed by the facsimile signatures of said Mayor and City Clerk, which signatures are hereby confirmed, and this bond to be dated the first day of February, 1972. CITY OF DELRAY BEACH, FLORIDA By Mayor ATTEST: City Clerk Resolution No. 1~-72 -5- No. COUPON $ The City of Delray Beach, in the County of Palm Beach, Florida, will pay to bearer Dollars ($ ) on the first day of '; 19 , in lawful money of the United States of America, at The Chase Manhattan Bank, (N.A.), New York, New York, being six months interest due that day on its Beach Improvement Bond, dated February 1, 1972, NO. . CITY OF DELRAY BEACH, FLORIDA By. Mayor ~i£y dler'k' CERTIFICATE OF VALIDATION This Bond is one of a series of Bonds which were validated and confirmed by decree of the Circuit Court of the Fifteenth Judicial Circuit of Florida in and for Palm Beach County, rendered on the day of , 1972. Clerk Of the CircUit Court 6f the Fifteenth Judicial Circuit of Florida in and for Palm Beach County, Florida Resolution No. 1~-72 -6- PROVISION FOR REGISTRATION This bond may be registered in the name of the holder on the books to be kept by the City Clerk of the City as Registrar, or such other Registrar as may here- after be duly appointed, as to principal only, such regis- tration being noted hereon by such Registrar in the regis- tration blank below, after which no transfer shall be valid unless made on said books by the registered holder or attorney duly authorized and similarly noted in the registration blank below, but may be discharged from regis- tration by being transferred to bearer, after which it shall be transferable by delivery, but may be again regis- tered as before. The registration of this bond as to principal shall not restrain the negotiability of the cou- pons by delivery merely, but the coupons may be surrendered and the interest made payable only to the registered holder, in which event the Registrar shall note in the registration blank below that this bond is registered as to interest as well as principal and thereafter the interest will be re- mittedby mail to the registered holder. With the consent of the holder and of the City of Delray Beach, this bond, when converted into a bond registered as to both principal and interest, may be reconverted into a coupon bond and again converted into a bond registered as to both principal and interest as hereinabove provided. Upon reconversion of this bond when registered as to principal and interest into Resolution No. 1~-72 -7- a coupon bond, coupons representing the interest to accrue upon this bond to date of maturity shall be attached here- to by the Registrar and the Registrar shall note in the registration blank below whether this bond is registered as to principal only or payable to bearer. DATE OF : IN WHOSE : MANNER OF = SIGNATURE REGISTRATION : NAME REGISTERED : REGISTRATION : OF REGISTRAR Section 4. That in each year while any of the said bonds shall be outstanding there shall be levied, assessed and collected a direct tax without limitation as to rate or amount, upon all taxable property in the City of Delray Beach, which tax shall be in amounts sufficient to produce the sums necessary to pay the interest on said bonds as it falls due and the principal thereof as they severally mature. Section 5. Said bonds shall prior to their issuance, be validated by decree of the Circuit Court of the Fifteenth Judicial Circuit of Florida in and for Palm Beach County, and Resolution No. ~-72 -8- The attorney for the City of Delray Beach is hereby author- izod and directed to cause such proceedings for the valida- tion of said bonds to be instituted, and the Mayor of the City is hereby authorized to verify the complaint or other pleadings in such proceedings and that when validated the said bonds shall be sold as provided by law. ~ection 6. This resolution shall take effect upon its passage in the manner provided by law. PASSED AND ADOPTED on this the 27th day of March, 1972. ATTEST: Clerk Resolution No. 14-72 -9-