Res 1428-62 RESOLUTION NO.
A RESOLUTION authorizing the issuance of
~1,500]000 Water and Sewer Revenue Bonds,
Series 1962, of the City of Delray Beach
for the purpose of making improvements and
extensions to the sanitary sewer system of
said city, providing for the sale of said
bonds, providing for the security and pay~snt
thereof and making certain provisions in
that connection.
WHEREAS the City Council of the City of Delray Beach has
determined it necessary and essential to the health and well being
of the inhabitants of said city to make improvements and extensions
to the sanitary sewer system of said city and to finance the cost
thereof through the issuance of revenue bonds under Chapter 184 of the
Florida Statutes as more specifically hereinafter provided; and
WHEREAS in order to secure the payment of such bonds the
city desires to pledge to the payment thereof certain revenues to
be derived from the operation of the waterworks plant and system of
said city and the sanitary sewer system of said city, in accordance
with Section 184.14 of the Florida Statutes; and
WHEREAS the net revenues to be derived by said city from
the operation of its waterworks plant and system have been pledged
to the payment of certain Water Revenue Certificates, Series 1957,
originally issued in the amount of $1,378,000 and now outstanding
in the amount of $ !~285,000 , pursuant to ordinance adopted
on July 5, 1957, by this City Council; and
WHEREAS the net revenues to be derived by said city from
the operation of its waterworks plant and system and its sanitary
sewer system have been pledged to the payment of certain Water and
Sewer Revenue Bonds dated December 1, 1961, originally issued and
now outstanding in the amount of $500,000 pursuant to resolution
adopted on November 6, 1961, by this City Council; and
WHEREAS under the provisions of Section 12 of said ordinance
of July 5, 1957, and Section 11 of said resolution of November 6, 1961,
the City of Delray Beach may issue obligations on a parity with said
Water Revenue Certificates, Series 1957, and said Water and Sewer
Revenue Bonds if certain conditions prescribed in said sections are
satisfied~ and
WHEREAS the average annual net revenues of the waterworks
plant and system of said city for the last two fiscal years have been
equal to $..772~711 .... , which is more than one and one-fifth
times $208,485 , the highest combined interest and principal
requirement for any succeeding fiscal year of all certificates author-
ized by said ordinance and all bonds authorized by said resolution
now outstanding and (assuming a maximum interest rate of 5 %
per annum) of the obligations herein authori~ed~ the estimated net
revenues for the first two completed fiscal years following the
placing in operation of the additional facilities to be acquired
with the proceeds of the bonds herein authorized~ by reason of the
operation of said additional facilities~ is $ 280,550 , seventy-
five per cent of one-half of which is $ 105,206 , resulting in
a total of $ 377,917 average annual net revenues allow-
able under the test required for the issuance of such parity obliga-
tions, said total being more than one and one-half times the afore
mentioned highest combined principal and interest requirement~ the
payments required by said ordinance and resolution to be made into
the City of Delray Beach Water Revenue Certificates, Series 1957,
Ir~terest and Sinking Fund created by said ordinance are current~
the obligations herein authorized are payable as to principal on
June I of each year in which principai falls due and are payable
as to interest on June i and December I of each year~ the proceeds
of the obligations herein authorized shall be used solely for the
making of improvements and extensions to the city's sanitary sewer
collection, treatment and disposal system; and therefore all con-
ditions for the issuance of such parity obligations are satisfied~
NOW, THEREFORE, Be It Resolved by the City Council of the
City of Delray Beach, Palm Beach County, Florida:
Section 1. That it is hereby found and declared as
follows:
(a) That the estimated cost of the sewer improvements
to be made with the proceeds of the bonds herein authorized, in-
cluding all proper incidental, engineering, legal and fiscal costs
is $1~500,000;
(b) That the estimated annual revenues of the sewer
system (as hereinafter defined) is $_1~2,,780 and the esti-
mated annual water revenues to become available for the payment of
the bonds herein authorized is $ 294~475 ~
(c) ~hat the estimated annual cos~ of malnta~nin~, repairing
and operating said sewer system is $ ~25,~80 ~ and
(d) That on the basis of such estimates the annual revenues
of said sewer system, with the water revenues pledged to the payment
of principal of and interest on the bonds herein authorized, will be
sufficient to pay such cost of maintenance, repair and operation and
the interest on such bonds and the principal thereof as such interest
and principal shall become due.
Section 2. That as used herein the following terms shall
have the following meanings unless the context otherwise clearly
indicates:
(a) "City" means the City of Delray Beach.
(b) "Bonds" means the $1,500,000 Water and Sewer Revenue
Bonds, Series 1962, herein authorized.
(c) "Water Revenue Certificates" means the Water Revenue
Certificates, Series 1957, of the City of Delray Beach, dated June 1,
1957, originally issued in the amount of $1,378~000 and now outstanding
in the amount of $ 1~285,000 .
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(d) "1961 Bonds" mea~s the Water and Sewer Revenue Bonds
of the City of Delray Beach dated December l, 1961, originally issued
and now outstanding in the amount of $500,000.
(e) "Water RevenUe Certificate Ordinance" means the
ordinance adopted by this City Council on July 5, 1957, authorizing
the Water Revenue Certificates.
(f) "1961 Bond Resolution" means the resolution adopted by
this City Council on November 6~ 1961, authorizing the 1961 Bonds.
(g) "Bond Fund" means the "Bond Fund" or '~City of Delray
Beach Water Revenue Certificates, Series 1957, Interest and Sinking
Fund" created by the Water Revenue Certificate Ordinance.
(h) "Parity bonds" means all obligations to be issued on
a parity with the bonds herein authorized under Section ll hereof.
(i) "First lien obligations" means Water Revenue Certifi-
cates~ the 1961 Bonds, the bonds herein authorized and all parity
bonds.
(j) "Water system" means the complete waterworks plant and
system of the city as it now exists a~d may hereafter be improved and
extended~ consisting of all real and personal property of every nature
owned by the city and used or useful in the operation thereof whether
within or without the boundaries of the city.
{k) "Sewer system" means the complete sanitary sewer
collection, treatment and disposal system of the city as it now
exists and may hereafter be improved and extended, consisting of
all real and personal property of every nature owned by the city
and used or useful in the operation thereof whether within or without
the boundaries of the city.
(1) "Combined public utility" means the water system and
the sewer system.
(m) "Fiscal year" means a twelve-mo~th period commencing
on October i of each year and ending on the last day of September of
the next succeeding year.
Section 3. That for the purpose of obtaining funds to make
necessary improvements and extensions to the sewer system, including
the payment of proper incidental, engineering, legal and fiscal costs,
there shall be borrowed upon the credit of the income and revenues
hereinafter pledged the sum of $1,500,000, and that in evidence of
the sum to be so borrowed there be issued $1,500,000 Water and Sewer
Revenue Bonds, Series 1962, of the city. The improvements and ex-
tensions to be made with the proceeds of the bonds herein authorized
shall consist of the following:
Construction of collection system, intercepters, force mains
and lift stations in accordance with plans and specifications prepared
by Russell & Axon, consulting engineers.
Said bonds shall be in the total aggregate principal amount
of $1,500~000, shall be dated December l, 1962, shall be in the denom~
ination of $1,000 each, shall be numbered from i to 1500, inclusive,
and shall bear interest from date until paid at such rate or rates
not in excess of six per cent (6%) per annum as may be determined by
resolution to be adopted by the City Council at or subsequent to the
sale of the bonds, which interest shall be payable June l, 1963 and
semi-annually thereafter on the first days of June and December of
each year. The bonds shall be payable as to both principal and inter-
est in lawful money of the United States of America at The Chase
Manhattan Bank in the City of New York, New York, and shall mature
serially in numerical order on June 1 of each of the years as follows:
BOND NUMBERS AMOUNT YEAR
i to 25 $ 25,000 1969
26 to 50 25,000 1970
51 to 75 25,000 1971
76 to lOO 25,000 1972
lol to 125 25,000 1973
126 to 15o 25~ooo 1974
151 to 18o 30,000 1975
181 to 21o 3o,ooo 1976
211 to 240 30,000 1977
241 to 275 35,000 1978
276 to 31o 35,000 1979
311 to 345 35,000 1980
346 to 380 35,ooo 1981
381 to 415 35,000 1982
416 to 455 40,000 1983
456 to 495 40,000 1984
496 to 540 45,000 1985
541 to 585 45,000 1986
586 to 630 45~000 1987
631 to 675 45,000 1988
676 to 725 50,000 1989
726 to 775 50,000 1990
776 to 825 50,000 1991
826 to 875 50,000 1992
876 to 985 110,000 1993
986 to 1150 165,000 1994
1151 to 1325 175,000 1995
1326 to 1500 175,000 1996
Bonds numbered 126 to 1500, inclusive, shall be callable for redemption
at the option of the city in inverse numerical order on June 1~ 1973,
and on any interest payment date thereafter at the principal amount
thereof plus accrued interest to the date fixed for redemption and a
premium of $40.00 for each bond so redeemed on or prior to December 1,
1978, $30.00 for each bond so redeemed thereafter on or prior to
December 1, 1984, $20.00 for each bond so redeemed thereafter on or
prior to December 1, 1990, and $10.00 for each bond so redeemed there-
after prior to maturity.
Notice of redemption shall be given not less than thirty days
prior to the date fixed for redemption by the filing of an appropriate
notice with the above named paying agen$ bank and the publication of
an appropriate notice one time in a financial newspaper or Journal
published in the City of NoN York, New York. If any bond which is
called for redemption is at the time of such call registered as to
principal, thirty days notice of redemption shall be given by
registered mail to the registered holder at the address shown on
the registrar's registration books.
Said bonds shall be registrable as to principal only
in the manner and with the effect prescribed in Section 6 hereof.
Section 4. That said bonds shall be signed by the
Mayor of the city, shall be attested by the Clerk and shall be
endorsed by the City Attorney (the signatures of said City Clerk
and City Attorney being by facsimile) and shall have l~rinted
thereon a facsimile of the official seal of the City of Delray Beach.
Interest accruing on said bonds on and prior to maturity shall be
evidenced by coupons to be thereto attached, which coupons shall
be signed by said Mayor and Clerk by their facsimile signatures
and said officials by the execution of said bonds shall adopt as
and for their own proper signatures their respective facsimile
signatures on said coupons.
Section 5. That the bonds herein authorized shall
not be payable from or charged upon any funds of the City of
Delray Beach~ other than the revenues to be derived from the opera-
tion of the water system and sewer system as hereinafter provided,
nor shall the City of Delray Beach ever be subject to any pecuniary
liability thereon. No holder or holders of any of the bonds shall
ever have the right to compel any exercise of the taxing power
of the City of Delray Beach to pay any of the bonds or interest
thereon or to enforce payment thereof against any property of the
city and such bonds ehall not constitute a charge, lie~ or
encumbrance, legal or eGuitable, upon any property of the city,
other than the revenues received from the operation of said systems.
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Section 6. That the bonds and the coupons to be thereto
attached shall be in substantially the following form:
(Form of Bond)
UNITED STATES OF AMERICA
STATE OF FLORIDA
COU~Y~Y OF PALM BEACH
CITY OF DELRA¥ BEACH
WATER AND SEWER REVENUE BOND, SERIES 1962
Numb er $1,000
KNOW ALL MEN BY THESE PRESENTS that the City of Delray
Beach, a duly organized and existing municipal corporation in Palm
Beach County, Florida, for value received, hereby promises to pay
to bearer, or, if this bond _be registered then to the re~lg~ered
holder, in the manner and from the funds hereinafter provided, the
sum of One Thousand Dollars ($1,000) on the first day of June, 19
and to pay from said funds interest on said sum from the date
hereof until payment of principal at the rate of
per cent ( %) per annum, payable June l, 1963 and
semi-annually thereafter on the first days of June and December of
each year, such interest to maturity being payable only upon pre-
sentation and surrender of the annexed interest coupons as the
same severally become due. Both principal of and interest on this
bond are payable in lawful money of the United States of America
at The Chase Manhattan Bank in the City of New York, New York.
This bond is one of an issue in the amount of $1,500,000,
all of like date, tenor and effect, except as to (interest rate,)
maturity and option of redemption, issued by the City of Delray
Beach, under the provisions of Chapter 184 of the Florida Statutes,
for the purpose of paying the cost of improving and extending the
sanitary sewer system of said city. Said bonds are payable solely
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from and, together with certain Water Revenue Certificates, Series
1957, and certain Water and Sewer Revenue Bonds dated December 1,
1961, of said city and such obligations as may hereafter be issued
on a parity therewith, iseoure~ by first pledge of the neb revenues to be
derived from the operation of the waterworks plant and system and
sewer system of said city. The City of Delray Beach is not obligated
to pay said bonds or the interest thereon except from such revenues
and the faith and credit of said city are not pledged to the payment
of the principal of or interest on said bonds. The issuance of said
bonds shall not directly or indirectly or contingently obligate
said city to levy any ad valorem taxes whatever therefor or to make
any appropriations for their payment except~ from the aforesaid
revenues, This bond does not constitute an indebtedness of the
City of Delray Beach within the meaning of any constitutional or
statutory limitation of indebtedness and shall not constitute a
charge, lien or encumbrance, legal or equitable, upon any property
of said city.
This bond may be registered in the manner and with the
effect prescribed on the back hereof.
Bonds numbered 126 to 1500, inclusive, of the issue of
which this is one are callable for redemption at the option of the
city in inverse numerical order on 3une 1, 1973, and oa any interest
payment date thereafter at the principal amount thereof plus accrued
interest %o the date fixed for redemption and a premium of $40.00
for each bond so redeemed on or prior to December 1, 1978, $30.00
for each bond so redeemed thereafter on or prior to December 1, 1984,
$20.00 for each bond so redeemed thereafter on or prior to December
1, 1990 and $10.00 for each bond so redeemed thereafter prior to
maturity. Notice of redemption is to be given not less %hah thirty
days prior to the date fixed for redemption by the filing of an
appropriate notice with the above named paying agent bank and the
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~PubDiCation' of an appropriate notice one time in a finanQ~al ~
newspaper or Journal published in the City of New York, New York.
If any bond which is called for redemption is at the time of such
call registered ms to principal, thirty days notice of redemption
shall be given by registered mail t~ the registered holder at the
address shown on the registrar's ~$gistration books.
The City of Delray Beach has covenanted and hereby cov-
enants and agrees at all times while this bond, or any bond of the
issue of which it is a part, is outstanding and unpaid to fix
and maintain such rates for water and services furnished by said
plant and systems and will segregate and apply the income derived
therefrom in the manner provided by the authorizing resolution
so that said revenues will at all times be fully sufficient to
operate and maintain said plant and systems and to pay principal
of and interest on said bonds and all the obligations ranking on
a parity therewith promptly as each falls due and to make available
for purposes Junior in priority to current principal and interest
requirements of all such obligations an amount at least equal to
twenty-five per cent of such requirements. For a more particular
statement of the covenants and provisions securing the bonds,
reference is made to the ordinance and resolution adopted by the
Council of the City of Delray Beach on July 5, 1957 and
196R, respectively, authorizing said Water Revenue Certificates
and the bonds of this issue.
It is hereby certified, recited and declared that all
acts, conditions and things required to exist, happen and be
performed precedent to and in the issuance of this bond have
existed, have happened and have been performed in due time, form
and manner as required by law. The bonds of the issue of which this
is one are declared by law to have all the qualities and incidents
of negotiable instruments under the Negotiable Instruments Law
of the State of Florida.
This bond is one of an issue of bonds which were validated
and confirmed by decree of the Circuit Court of the Fifteenth Judicial
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.end for ?alm BeaCh county rendered on
CirCUit of ?l°~idalgl~ Florida,
acting through i and
by its ~aY°r' attested by its clerk and approved b~ its city
-/ the official
~ttorneY (the signatures of _/ facsimtle°f facslmile)' with a
City ~ttorneY, being by and h~s caused the interest
seal of said city imprinted hereon, facsimile signatures
coupOnS hereto attached to be executed by the
first day of December, 1962'
of said ~ayOr and ClerE, all as of this
~ttest:
~pproved a~ to form,
~d execution'
~ Coupon)
unless the
Number -~ day of _.--------~ and has
on the first
mentioned bond is then optional for redemption
hereinafter called for redemption and provision for the
elraY Beach, Florida,
been theretofore duly - *he city of D _~r and out of
attached, tn
redaction hown hereon
will pay to bearer the the bond to which this Manhatten
Chase
the f~ds described in
lawful money of the United states of ~meriCa at The
Bank in the Cit~ of New york, NeW yor~, being the i~retest then due
on its water and sewer Revenue ~nd, Series 196~' dated December 1,
196~' and numbered
~ttest:
(Provision for registration of bonds)
The within bond may be registered in the name of the
holder as to principal only on books to be kept b~ the City Clerk
of the City of Delray Beach~ as RegistBar, such registration to be
noted ~hereon in the registration blank belows afte~ which no trans-
fer shall be valid unless n~ade on said books by the registered hol-
der or his attorney thereunto duly authorized and similarly noted
in said registration blank below~ but this bond may be discharged
from registration by being transferred to bearers after which it
shall be transferable by delivery but may be again registered as
before. Such registration shall not impair the negotiability by
delivery of the coupons hereto attached.
(No writing in this blank except by Registrar)
Date of
Registration Name of Registered Holder Signature of Registrar
· $
Section 7. That from and after the issuance of any of
the bonds herein authorized the combined public ~tility shall con-
tinue to be operated on the basis of a fiscal year as defined in
Section 2 hereof. On that basis, so long as any of the Water Reveo
n~e Certificates or any of the 1961 _Bonds are outstandi.ngs all income
and revenues of every nature derived from the operation of the
water system shall be set aside into the Revenue Fund created by
Section 7 of the Water Revenue Certificate Ordinance (hereinafter
sometimes called the "Water Revenue F~nd"), and all income and
revenues of every nature derived from the operation of the sewer
system shall be set aside into the Sewer Revenue Fund created by
Section ? of the 1961 Bond Resolution;~ pro:zideds however~ that
after retirement of all of said Water Revenue Certificates and
1961 Bondss all revenues of the combined public ~tility may be
set aside into a separate and special fund to be known as the
"Water and Sewer Revenue Fund" to be held by the Delray Beach Nation-
al Bank of Delray Beach, Florida, or such other other bank or banks
as may be designated from time to time by the Council of the City
of Delray Beach. Any such bank must be a member of the Federal
Deposit Insurance Corporation and all such funds so deposited must
be secured as required for municipal funds under the laws of the
State of Florida. Such fund or funds shall be held by the said bank
or banks in accounts separate from all other city accounts, to be
paid out only for the purposes and under the circumstances herein
provided. Nothing in this section shall be so construed as to pre-
vent the making of reimbursement to a subdivider from the revenues
received from the customers in any subdivision before any remaining
revenues received from such customers are paid into any of the afore-
mentioned funds pursuant to any agreement between the city and any
such subdivider executed prior to the delivery of the bonds.
There shall first be paid from the money in the Water
Revenue Fund and the Sewer Reven~e Fund or the Water and Sewer
Revenue Fund into a fund, to be held by a bank selected by the city,
known as the Operation and Maintenance Fund, from time to time as
needed, money sufficient to pay the reasonable and necessary expen-
ses of operating and maintaining the combined public utility. Said
expenses are hereby defined as those expenses reasonably incurred
in the normal operation of the combined public utility and do not
include the cost of additions, extensions or other capital improve-
ments, nor any allowance for depreciation of capital assets. Money
in the Operation and Maintenance Fund shall be expended as needed by
the city for such expenses of operating and maintaining the combined
public utility, but to the extent required by the rights of the
holders of the outstanding Water Revenue Certificates and 1961 Bonds,
payments for operating and maintaining each system shall be made
only from the revenues of that system. Joint expenses shall be
equitably allc~ed between the two systems as the Council may determine.
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From the money in the Water Revenue Fund ~nd the Sewer
Revenue Fund or the Water and Sewer Revenue Fund remaluing after the
aforementioned payments into the Operation and Maintenance Fund,
there shall be paid into the Bond Fund created by the Water Revenue
Certificate Ordinance such amount of the gross revenues of the com-
bined public utility in each fiscal year as will be fully sufficient
to pay all principal of and interest on all first lien obligations
f~alling due in such fiscal year and to accumulate and maintain the
reserve therein as hereinafter required. The bonds herein author-
ized shall be payable from said Bond Fund as to principal and inter-
est on a parity with said Water Revenue Certificates and 1961 Bonds
and there shall be paid into the Bond Fund all accrued interest re-
ceived from the purchaser upon delivery of the bonds.
All payments into the Bond Fund shall be made monthly, on
or before the fifteenth day of each month, as herein provided by
the Treasurer to the First National Bank of Delray Beach, Delray
Beach, Florida, and shall be held by said bank as a trust account
solely for the purpose of paying principal of and interest and re-
demption premiums on all first lien obligations. The Bond Fund,
including the reserve, shall be continually secured to the fullest
extent permitted or required by the banking laws of the State of
Florida for the securing of public funds, and shall be irrevocable
and not withdrawable by anyone for any purpose other than for the
payment of principal of and interest and redemption premiums on
obligations payable therefrom. It shall be the duty of said bank
on May 15 and November 15 of each year to transmit from the mcney
in said fund to the paying agent bank such amount as may be needed
for the payment of interest, or principal and interest, falling due
on the next succeeding June 1 or December 1, as the case may be.
From the money in the Water Revenue Fund and the Sewer
Revenue Fund or the Water and Sewer Revenue Fund not expended for
the cost of operating and maintaining the combined public utility
in each fiscal year and not paid into the Bond Fund in such fiscal
yea~, there shall be paid in each fiscal year into the Renewal and
Replacement Fund created by the Water Revenue Certificate Ordinance,
whenever and to the extent necessary to accumulate and maintain
said fund in the amount of ~50~000, a sum equivalent to five per
cent of the gross revenues derived from the operation of both
systems in the preceding fiscal year. Money in said fund shall be
used to pay the cost of making renewals~ extensions, replacements
or improvements to the water system and, to the extent not in
conflict with the rights of the holders of the Water Revenue Certi-
ficates, to the sewer system when the making thereof has been recom-
mended by the engineer who is at the time serving as the consult-
ing engineer for said systems. Money in said fund shall also be
used for the purpose of paying principal or interest~ or both,
payable from the Bond Fund falling due in any year for the payment
of which there is not money in the Bond Fund, including the reserve
thereinj and as to which there would otherwise be default, The
money in the Renewal and Replacement Fund may, in the discretion
of the Council, be invested in direct obligations of the United
States of America maturing not later than five years from date of
purchase, in which event the obligations so acquired shall be held
to the credit of said fund. In the event money so invested is
needed for the purposes for which the fund is herein oreated such
investment shall be liquidated to the extent necessary.
Interest on and profits derived from the sale of invest-
ments shall be added to the fund from which said investments were
made. When the amount in the Bond Fund, including the reserve, and
in the Renewal and Replacement Fund shall in the aggregate be equal
to the amount of all principal and interest to maturity or all
principal and interest to the next redemption date plus redemption
premiums then applicable on all first lien obligations outstanding,
further pay.~nts into said funds may be discontinued, and the money
in said funds shall be used for retirement or redemption of such
outstanding obligations.
In addition to the amounts above required to be paid
into the Bond Fund, beginning with the completion of the entire sewer-
age project of which the improvements and extensions to be made with
the proceeds of the bonds herein authorized are a part, there shall
be paid into the reserve portion of said fund such amount in each
fiscal year as will cause the reserve to be built up, in a period
of sixty months to an amount equal to the largest amount of principal
and interest which will be payable from the Bond Fund in any future
twelve months' period, including principal of and interest on the
bonds herein authorized. The reserve comprising such surplus shall
be maintained for the purpose of paying principal and interest
payable from the Bond Fund falling due in any year am to which
there would otherwise be default. If at any time it is necessary
to use moneys in said reserve for the payment of interest or
principal, the moneys so used shall be replaced from the first
revenues thereafter received from the operation of either system
not required to be used for maintenance and operation expenses
and for the payment of current principal and interest, it being
the intention hereof that there shall be maintained in the Bond
Fund, in addition to the amount required for payments during the
current fiscal year, an amount sufficient to pay the largest amount
of principal and interest payable from the Bond Fund in any future
twelve months' period as aforesaid. The money in the reserve
may, in the discretion of the Council, be invested in direct
obligations of the United States of America, in which event the
obligations so acquired shall be held to the credit of the Bond
Fund, and in the event the money in the reserve which has been
so invested shall be needed for the payment of principal or interest,
the bank holding the Bond Fund shall, without specific instructions
from the city, liquidate as many of the obligations so held as may
be necessary and have the proceeds of such liquidation applied to
the payment of principal and interest.
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After the paym~.nts above required have been made in each
fiscal year, and any deficiencies whi.~h may exist from., prior years
hav~ been remedied, the money remaining in the Sewe~ Revenue Fund
shall be regarded as surplus, and may be used for any la%,,,'ful corpor-
ate purpose.
After retirement of all of the '~¥ater Revenue Certificates
and all the 19:51 Bends, all money remaining in th~? ¥'~:ater Revenue
Fund and the Se%~er Revenue Fund or the ~¥ater and Sewer
Fund in each month in ,~hich all installments due durin~j that month
and all previous months (assuming equal monthly installments of
payments required to be made annually) have been paid may be used
F~ay the cost of improvements and ext~,nsions to the combinee, public
utility, to pay principal of and interest aha redemption premiums
on junior lien obligations issued for such purpos~, to retire first
lien obligations prior to maturity either through call for redemp-
tion or purchase on the open market at a price no higher than that
at ~'hi<:h the same first lien obligatiol"]s n~ay be called for redemp-
tion on the next available redemption date, or to pay principal of,
interest and redemption premiums on and reserve requirements for any
or all of the $1,100,000 Utilities lax F, evenue Certificates, Series
!962, which the city expects to issue for paying the cost of certain
improvements to the sewer system, or for any other lawful purpose.
Section 8. fhat so long as any of the bonds herein au-
thorized remains outstanding, the city will maintain and carry,
for the benefit of the holders of the bonds insurance on the physi-
cal properties of the combined public utility of the kinds and in
the amounts normally carried by private companies engaged in the
ooeration of similar properties. Fhe city v~'ill also carry adequate
public liability insurance. All moneys received for losses under
\
any such insurance policies, except public liability policies, are
hereby pledged by the City of Delray Beach as security for the ob-
ligations payable from the revenues of the damaged property until
and unless such proceeds are paia~ out in making good the loss or
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r
damage in respect of which such proceeds are received, either by
repairing the proDerty damaged or replacing the property destroyed,
and adequate provision for making good such loss and damage made
within ninety days from the date of the loss. The payment of prem-
iums for all insurance policies required under the provisions of
this section shall be considered to be maintenance and operation
expenses.
Section 9. That the city covenants and agrees that so
long as any of the first lien obligations remain outstanding proper
books of record and account will be kept by the city, separate and
apart from all other records and accounts, showing complete and
correct entries of all transactions relating to the water system
and the sewer system, and that the holders of any of the first lien
obligations, or any duly authorized agent or agents of such holders,
shall have the right at all reasonable times to inspect all records,
accounts and data relating thereto and to inspect the system and all
properties comprising the systems. The city further agrees that it
will within sixty days following the close of each fiscal year
cause an audit of such books and accounts to be made by an inde-
pendent firm of certified public accountants, showing the receipts
and disbursements for account of each system, and that such audit
will be available for inspection by the holder of any of the first
lien obligations. Each such audit in addition to whatever matters
may be thought proper by the accountant to be included therein,
shall include the following:
1. A statement in detail of the income and expenditures
of each system for such fiscal year.
2. A balance sheet as of the end of such fiscal year.
3. The accountant's con~nent regarding the manner in
which and extent to which the city has carried out the requirements
of this resolution and the Water Revenue Certificate Ordinance and
the accountant's recon~nendation for any change or improvement in
the operation of either system.
-19-
4. A list of the insurance policies in force at the end
of the fiscal year, setting out as to each policy the amount of
the policy, the risks covered, the name of the insurer and the
expiration date of the policy.
5. The number of meter~ water customers, the number of
unmetered water customers, if a~ the number of hydrants con-
nected to the water system, and She number of applications for
water service on hand existing at the end of the year.
6. The number of gallons of water shown to have passed
through the master meter of the city during such fiscal year, the
number of gallons of water billed, the estimated number of gallons
of water used for flushing mains and for extinguishing fires, and
the number of gallons of water unaccounted for.
7. The number of properties connected to the sewer system
at the end of the fiscal year and the number of properties to which
sewer service is available and which are not connected to said sys-
tem at the end of the fiscal year.
8. The number of applications for sewer service on hand
at the end of the year and the number of applications for such
service received during such fiscal year.
9. A statement showing the balances existing at the
beginning and end of the fiscal year in the Bond Fund, including
the reserve therein~ together with all deposits and withdrawals
made during said fiscal year and the monthly deposit requirements
for each such fund during the next succeeding fiscal year.
10. The total billings for such fiscal year and the
average monthly billing per customer.
ll. All schedules of rates and charges imposed for water
and sewer service during the fiscal year.
The city agrees to furnish a copy of each such audit
to the holder of any of the first lien obligations at his request
after the close of each fiscal year, and that any such holder shall
have the right to discuss with the accountant making the audit the
contents of the audit and to ask for such additional information as
he may reasonably require. The city further agrees that it will
furnish the original purchaser of the bonds and all parity bonds and
any holder, upon request, monthly operating reports of both systems
in reasonable detail, and that it will mail each such report to the
last known address of such purchaser or holder not later than fif-
teen days after the close of the month covered thereby.
Section lQ. That the City of Delray Beach covenants and
agrees with the holder or holders of any of said first lien obliga-
tions that it will faithfully and punctually perform all duties
with respect to each system required by the laws of the State of
Florida, and that it will fix and collect sufficient rates and
charges for water and sewer services furnished by the combined pub-
lic utility and will segregate and apply the income derived there-
from in the manner provided by this resolution so that said reve-
nues will at all times be fully sufficient to operate and maintain
the combined purblic utility and to pay principal of and interest
on said first lien obligations promptly as each falls due and to
make available for purposes junior in priority to current principal
and interest requirements of all first lien obligations an amount
at least equal to ~wenty-five per cent of such requirements. The City
of Delray.Beach further irrevocably covenants~ binds and obligates
itself not to sell, lease, encumber or dispose of either system or
any substantial part thereof until all of the first lien obligations
have been paid in full as to both principal and interest, and further
covenants and agrees with the holders of said first lien obligations
to maintain said combined public utility in good condition and to
maintain a continuous and sufficient supply of water for distribu-
tion by the water system.
The city further covenants and agrees that every officer,
agent or employee of the city having custody or control of any of
the moneys derived from the operation of the combined public utility
shall be bonded by a responsible corporate surety in an amount not
-21-
less than the greatest amount reasonably anticipated to be within
the custody or control of such officer~ agent or employee at one
time o The premiums on such surety bonds shall be paid by the city
as reasonable and necessary expense of operation.
That the city agrees to submit unit bills for water and
sewer service to each person or firm liable for the payment of water
and sewer charges and not to accept payment for one type of service
only. If any water user shall become delinquent for more than
sixty days in the payment of water or sewer charges, or both~ the
city will promptly shut off the supply of water to such user and
will not resume such supply until all delinquent charges and pen-
alties, including a reconnection charge of not less than ~1.50,
have been paid. A user shall be deemed delinquent if he has not
paid the full amount of any bill within thirty days after it shall
have been mailed to him.
Section ll. That all first lien obligations shall enjoy
complete parity of lien on the revenues of each system despite the
fact that any of said obligations may be delivered at an earlier
date than any other of said obligations. The City of Delray Beach
expressly covenants and agrees that it will issue no other bonds
or obligations of any kind or nature payable from or enjoying a
lien on the revenues of either system prior to or on a parity with
the bonds herein authorized.
The provisions of the above paragraph are subject to the
exception that if prior to the payment of the bonds herein author-
ized~ it shall be found desirable to refund any first lien obliga-
tion, said obligations or any part thereof may be refunded with the
consent of the holders thereof (except that as to matured obliga-
tions or obligations which have been properly called for redemption~
such consent shall not be necessary) and the refunding obligations
so issued shall enjoy complete equality of lien with the portion of
the obligations which is not refundedj if any there be~ and the
-22-
refunding obligations shall continue to enjoy whatever priority of
lien over subsequent issues may have been enjoyed by the obligations
refunded, provided, however, that if only a portion of the outstand-
ing first lien obligations is so refunded, no refunding obligation
may bear interest at a rate higher or mature at a date earlier than
the obligation refunded thereby without the consent of the holders
of the unrefunded portion of said first lien obligations.
The provisions of the second above paragraph are subject
to the further exception that the city may issue additional obliga-
tions on a parity with the Water Revenue Certificates, the 1961
Bonds, and the bonds herein authorized upon compliance with all
terms and conditions set out for the issuance of such parity obliga-
tions in Section 12 of the Water Revenue Certificate Ordinance.
Upon retirement of all Water Revenue Certificates and
1961 Bonds, such additional obligations may be issued if all the
following conditions are met:
(a) The average annual net revenues of the combined
public ~tility for the two completed fiscal years immediately
preceding the issuance of the additional obligations must
have been equal to one and one-half times the highest com-
bined interest and principal requirements for any succeeding
fiscal year on all first lien obligations then o~tstanding
and on the obligations so proposed to be issued. "Net
revenues" for the purposes of this paragraph and the other
paragraphs of this section shall be understood to refer to
the gross revenues of the combined public utility remaining
after there have been deducted therefrom the reasonable ex-
penses of operating and maintaining the combined public
utility. If during the aforesaid two completed fiscal years
rates imposed for services furnished by all or any part of
said combined public utility shall have been increased the
engineer who is serving as the consulting engineer for the
combined public utility may determine the additional net
revenues resulting from such rase increase for the Deriod
it shall have been in Sffect a~d may add to the net revenues
determined as above ~escribed seventy-five per cent (75%)
of the additional net revenues which in his o~inion, baaed
on such determinatiQn, would have been derived from the opera-
tion of the combinsd public utility during the pa~t of
said two completed fiscal years prior to the making of
such rate increase, had such increase been in effect during
such part of said two completed fiscal years.
If the average annual net revenues of the
combined public U$~y £0~ $~e $~o e~$~ed fiscal ~$a~e
immediately preceding the issuance of the additional
obligations, adjusted as above provided, shall have been
equal to one and one-fifth times the highest combined
interest and principal requirements for any succeeding
fiscal year of all first lien obligations then outstanding
and the obligations so proposed to be issued, there may also
be added to the net revenues of the combined public utility
for the two completed fiscal years immediately preceding,
for purposes of the above computation, seventy-five per cent
(75%) of the additional net revenues estimated by the
aforesaid engineer to be received by reason of the operation
of such additional facilities during the first two completed
fiscal years following the placing in operation of the
additional facilities to be acquired with the proceeds of
such additional obligations.
If there shall be pledged to the payment of such
additional obligations revenues to be derived by the city
from the imposition of a utilities service tax on the sale
or purchase of utility services in the city (other than the
sale or purchase of water or water services) there may also
be added to the net revenues of the combined public utility
for t~e two completed fiscal years immediately preceding
-24-
the issuance of the additional obligations for the purposes
of the Second above paragraph the net revenues derived by
the city from the proceeds of such utilities service tax
during said two fiscal years. If only a part of such
utilities service tax proceeds is so pledged, then there
may be added to the aforesaid net revenues the net revenues
derived by the city from the proceeds of the part of
said utilities service tax during said two fiscal years
which is to be so pledged to the payment of such
additional obligations.
(b) The payments required to be made into
the Bond Fund including the reserve therein must be current.
(c) The additional obligations must be payable
as to principal on June I o£ each year in which principal
falls due and must be payable as to interest on June 1
and December i of each year.
(d) The proceeds of the additional obligations
must be used solely for the making of improvements,
extensions, renewals, replacements or repairs to the
combined public utility or refunding any Junior lien
obligations hereafter issued for any such purpose or
refunding any or all of the SI,100,000 Utilities Tax
Revenue Certificates, Series 1962, which the city expects
to issue for paying the cost of certain improvements to
the Sewer System.
It is hereby declared that the foregoing conditions
show the intention of the corresponding provisions of the Water
Revenue Certificate Ordinance and the 1961 Bond Resolutien and~ to
the extent not in conflict with the rights of the holders of the
Water Revenue Certificates and the 1961 Bonds, said provisions
shall hereafter be so interpreted.
Section 12o That so far as it legally may, the
City of Delray Beach covenants and agrees for the protection and
security of the first lien obIigations:
(a) That it will not grant a franchise to any competing
water system or sewer system to operate in the City of Delray Beach
until all first lien obligations have been retired;
(b) That so long as any of the first lien obligations
remain outstanding the city will maintain its corporate identity,
will make no attempt to cause its corporate existence to be abolished,
and will resist all attempts by other municipal corporations to
annex all or any part of the territory now or hereafter in the
city or served by either system.
(c) That the owner, tenant or occupant of each lot or
parcel of land within the City of Delray Beach which abuts upon any
street or other public way containing a sanitary sewer, which is
served or which can be served by the sewer system and upon which lot
or parcel a building shall have been constructed for residential,
commercial or industrial use shall connect such building with such
sanitary sewer and shall cease to use any other method for the dis-
posal of sewage, sewage waste or other polluting matter. All such
connections shall be made in accordance with rules and regulations
which shall be adopted from time to time by the City Council, which
rules and regulations may provide for a charge for making any
such connection in such reasonable amount as the City Council
may fix and establish.
(d) That the City of Delray Beach hereby covenants and
agrees that whenever and to the extent that it may levy any tax
on or measured by the purchase of water distributed or sold by the
-25a-
water system, the proceeds of such tax shall be considered part of
the revenues of said system for the purposes of this resolution,
and such proceeds are hereby made subject to the same pledge herein
made as other revenues of said system.
Section 13. That the initial schedule of rates,
fees and other charges to be imposed for the services and facilities
furnished by the sewer system, which initial schedule shall be
effective immediately at the time when the system is constructed,
certified for use by the consulting engineers and accepted by
the city but which shall be subject to such revision from time
to time hereafter as may be necessary to carry out the requirements
of this resolution shall be as follows:
RESIDENTIAL UNITS
A monthly sanitary sewage service charge is hereby
imposed upon each residential dwelling unit, as ~m~re specifically
set forth below, to which sanitary sewage service is available
through the facilities afforded by the municipally owned sewage
system, according to the following schedule:
Single family residential dwellings, for
the first 4 fixtures or less contained
therein, $2.50, for the next 8 fixtures
contained therein, $.25 per fixture and
for all fixtures contained therein over
12, $.15 per fixture.
-26-
r2
COMMERCIAL AND NON-RESIDENTI. AL ,,UNITS
A monthly sanitary sewage service charge is hereby
imposed upon each commercial and non-residential unit to which
sanitary sewage service is available through the facilities af-
forded by the municipally owned sewage system, according to the
following schedule:
For the first 2 fixtures contained therein,
$2.50, for the next 8 fixtures contained
therein, $.50 per fixture and for all fix-
tures contained therein over 10, $.25 per
fixture.
For the purpose of the foregoing schedule each plumbing
fixture or drain that is connected to a sewer, including, but not
limited to, a toilet, wash basin or lavatory, bath, floor drain,
laundry tub, kitchen sink, slop basin or wash sink, washing machine,
equipment or device if so constructed as to discharge its water
content into ar4v of the foregoing or directly into a sewer, shall
be regarded as a "fixture".
The City Council hereby finds and declares that a public
hearing was held on the foregoing schedule of rates and charges
on November 6, 1961, pursuant to resolution setting forth the
preliminary schedule adopted on October 23, 1961 and pursuant to
notice duly given as provided by law through publication in the
Delray Beach News-Journal , a newspaper published
in the City of Delray Beach on October 26, 1961; that at said hear-
ing all of the users of the sewer system and owners, tenants or
occupants of property served or to be served~thereby and all others
interested had an opportunity to be heard concerning the proposed
rates, fees and charges; that said schedule was adopted and put into
effect by Resolution Number 1359 adopted November 6, 1961, and is
co~$inued without change by this resolution; that said schedule was
upheld by decision of the Supreme 0ourt of Florida in the case of
Constans v. City ..of Delray Beach (1962) , Fla. ,
So.2d, 497; and that no further hearing on said schedule is required.
Section 14. That the bonds herein authorized shall be sold
in such manner and at such time or times as may hereafter be deter-
mined by resolution of the City Council.
So much of the proceeds of sale as represents accrued in-
terest, premium, if any, received from the purchaser upon the sale of
said bonds and interest during construction shall at the time of the
delivery of the bonds, to the purchaser be paid into the Bond Fund. It
is hereby estimated that the period required for constructing the
improvements and extensions to be made with said proceeds will be
eighteen months, and therefore,an amount of such proceeds equal to
the interest on the bonds which will accrue during that period shall
be deposited in the Bond Fund as interest during construction. So
much of the remainder of the proceeds of sale as is not required for
the payment of incidental fiscal, legal and engineering expenses
which are due and owing at the time of the issuance of the bonds
shall be deposited in a special trust account in a bank or banks in
the City of Delray Beach, Florida. Said bank shall hold and dispose
of said proceeds in accordance with the terms of a letter which
shall be directed to said bank and executed by the Mayor and City
Clerk of the City of Delray Beach.
Section l~. That the provisions of this resolution and the
Water Revenue Certificate Ordinance shall constitute a contract be-
tween the ~ity of Delray Beach and the holder or holders of the
bonds herein authorized, and after the issuance of any of said bonds,
no change,variation or alteration of any kind in the provisions of
said ordinance or this resolution shall be made until all of the
bonds have been paid in full except as provided in Section 17 hereof.
Section 16. That in addition to all other rights enjoyed by
the holders of the first lien obligations, such holders shall have
the right by mandamus or other appropriate suit or action in any
r -28-
court of competent Jurisdiction to enforce his or their rights against
the City of Delray Beach,the governing body thereof, and any and all
officers and agents thereof~including but without limitation~ the
right to require said city and its governing body to fix and collect
rates and charges fully adequate to carry out all of the provisions
and agreements in this resolution contained.
Sectign l?. That the holders of seventy-five per cent (75%)
in principal amount of the first lien obligations at any time outstand-
ing (not including in any case any obligations which may then be held
or owned by or for the account of the city, but including such refund-
ing obligations as may be issued for the purpose of refunding any
first lien obligations if such refunding obligations are nc~ owned by
the city)~ shall have the right from time to time to consent to and
approve the adoption by the city of resolutions or ordinances modify-
ing or amending any of the terms or provisions contained in this reso-
lution~the 1961 Bond Resolution or the Water Revenue Certificate Ordi-
nance in the manner and to the extent set out below. This right~ how-
ever~ shall not be construed to authorize the amendment of the Water
Revenue Certificate Ordinance or the 1961 Bond Resolution without ob-
taining the consent of ?5% in principal amount of the holders of the
certificates outstanding under said ordinance or bonds outstanding un-
der said resolution. No modification hereunder may:
(a) Make any change in the maturity of any of the first lien
obligations.
(b) ~ake any change in the rate of interest borne by any of
said obligations.
(c) Reduce the amount of the principal or redemption premium
payable on any first lien obligation.
(d) Modify the terms of payment of principal or of interest
or of redemption premimms on the first lien obligations or any of
them or impose any conditions with respect to such payment.
(e) Affect the rights of the holders of fewer than all of
the first lien obligations then outstanding.
r
Whenever the city shall propose to amend or modify an or-
dinance or resolution under the provisions of this section, it shall
cause notice of the proposed amendment to be published one time in a
financial newspaper or Journal published in the City of New York,
New York, or Chicago, Illinois. Such notice shall briefly set forth
the nature of the proposed amendment and shall state that a copy of
the proposed amendator~ ordinance or resolution is on file in the
office of the City Clerk for public inspection.
Whenever at any time within one year from the date of the
publication of said notice there shall be filed in the office of
said City Clerk an instrument or instruments executed by the holders
of at least seventy-five per cent (75%) in aggregate principal
amount of the first lien obligations then outstanding as in this
section defined, which instrument or instruments shall refer to the
proposed amendatory ordinance or resolution described in said notice
and shall specifically consent to and approve the adoption thereof,
thereupon, but not otherwise, the Council may adopt such amendatory
ordinance or resolution and it shall become effective.
If the holders of at least seventy-five per cent (75%) in
aggregate principal amount of the first lien obligations outstanding
as in this section defined, at the time of the adoption of such
amendatory ordinance or resolution~ or the predecessors in title of
such holders, shall have consented to and approved the adoption
thereof as herein provided, no holder of any first lien obligation
whether or not such holder shall have consented to or shall have re-
voked any consent as in this section provided, shall have any right
or interest to object to the adoption of such amendatory ordinance
or resolution or to object to any of the terms or provisions therein
contained or to the operation thereof or to enjoin or restrain the
city from taking any action pursuant to the provisions thereof.
Any consent given by the holder of a first lien obligation
pursuant to the provisions of this section shall be irrevocable for
a period of six months from the date of the publication of the no-
tice above provided for and shall be conclusive and binding upon
all future holders of the same First lien obligation during such
period. Such consent may be revoked at any time after six months
from the date of the publication of such notice by the holder who
gave such consent or by a successor in title by filing notice of
such revocation with the City Clerk, but such revocation shall not
be effective if the holders of seventy-five per cent (75%) in aggre-
gate principal amount of the first lien obligations outstanding as
in this section defined have, prior to the attempted revocation,
consented to and approved the amendatory ordinance or resolution re-
ferred to in such revocation.
The fact and date of the execution of any instrument under
the provisions of this section may be proved by the certificate of
any officer in any jurisdiction who by the laws thereof is author-
ized to take acknowledgments of deeds within such jurisdiction, that
the person signing such instrument acknowledged before him the exe-
cution thereof, or may be proved by an affidavit of a witness to
such execution sworn to before such officer.
The amount and numbers of the first lien obligations held
by any person executing such instrume~t and the date of his holding
the same may be proved by a certificate executed by any responsible
bank or trust company showing that on the date therein mentioned
such person had on deposit with such bank or trust company the first
lien obligations described in such certificate.
-31-
Section ~. That John Ross Adams, as attorney for the
City of Delray Beach, is hereby authorized and directed to take
appropriate proceedings in the Circuit Court of the Fifteenth Judi-
cial Circuit of Florida in and for Palm Beach County for the vali-
dation of said bonds, and the Mayor and City Clerk are hereby au-
thorized to sign any pleadings in such proceedings for and on be-
half of the commission of the City of Delray Beach.
Section l~. That if any section, paragraph~ clause or
provision of this resolution shall be held to be invalid for any
reason, such invalidity shall not affect the validity or enforce-
ability of any of the remaining provisions hereof.
Section 20. That all resolutions or orders or parts
thereof in conflict herewith are to the extent of such conflict
hereby repealed.
Adopted and approved Wov~ber 26 , 1962.
Attest:
MWM:
-32-
(Other business not pertinent to the above appears
in the minutes of the meeting. )
Pursuant to motion duly made and carried the council
adjourned.
STATE OF FLORIDA
I, ~~-~.~, do hereby
certify that I am the duly qUalifi~-En~-~~ City Clerk of the
City of Delray Beach, Palm Beach County, Florida.
I further certify that the above and foregoing
constitutes a true and correct copy of the n~nutes of ~ meeting
of the City Council of said city held o ¢ , 1962,
and of a resolution adopted at said meetdng, as said minutes and
resolution are officially of record in my possession.
IN WITNESS WHE~F, I have hereunto subscribed
my official signature and impre~~_
hereon~e official s~e$1 of the
City of Delray Beach this ~/~ day ~ ~.
City
(SEAL)
Affidavit of Publication
THE DALLY NEWS-JOURNAL
Published Daily
Delray Beach~ Palm Beach County, Florida
STATE OF FLORIDA
COUNTY OF PALM BEACH
Before th~signed authori~ty~y
appeared ~..:.&. ~~:~,r:~.~:.;~.~~--/
/..:..~...</'-T~~~ ............. of ilae Df'/ aily
'News-Journal, a daily newspaper published at
Delray Beach in Palm Beach Couniy, Florida;
at the attached copy of aOvertisement, being aN
in..~e matter o~,~L~5.~fg~..kM,~
in the ........................................................................ Court,
was publ~hed ~ s~d newspaper in the issue (s)
...............
Mfiant fu~her says ~at the said Daily
News-Journal is a newspaper published at Delray
Beach, ~ said PMm Beach County, Florida, and
that the said newspaper has heretofore been con-
tinuously published in s~d Palm Beach County,
Florida, daily ~d has been entered as second
class mail matter at the p~t office ~ Delray
Beach, in said Palm Beach County. Florida, for
a period of one year ne~ preceding the fi~t
publication ~ ,ac attached copy of_ad~ise-
merit; and affiant fur~er says that ...............
bas neither paid nor prorated any p~son, fi~
or eo~oration any discount, reba*e, commission
or refu~ for the put. se of securing t~s adver-
figment for pub~on in~e said n~spaper.
Swor~ an} ,su,bse~ed ~fore me ~is~ ....
day o~].~~, A.D.
' ~o~r7 Public
Affidavit of Publication
THE DALLY NEWS-JOURNAL
Published Daily
Delray Beach, Palm Beach Counfy, Florida
STATE OF FLORIDA
¢o~ o~ r~u~
Before the.'/f~rsigned authority peps~y
appeared/('~~~~-~---~'
).~..'~.~~ of~e Dail,
,' News-aour~l, a daily newspaper publish~ at
Delray Beach in Palm Beach Cou~y, Florida;
~t the at~ched ~py ~ a~ve~isement.being ~
/ [ 7. -" / , - ~
in the ........................................................................ Court,
was pp~jshed in said newspaper in the issue (s)
Affiant further says that the said Daily
News-Journal is a newspaper published at Delray
Beach, in said Palm Beach County, Florida, and
that the said newspaper has heretofore been con-
tinuously published in s~id Palm Beach County,
Florida, daily and ha, s been entered as second
class mail matter at the post office in Delray
Beach, in said Palm Beach County, Florida, for
a period of one year next preceding the first
publication of the attached copy of a~
ment; and affiant further says that ......................
has neither ,paid nor promised any person, firm
or corporation any discount, rebate, commission
or refumt for the p~rpose of securing this adver-
.seme for p c on sai ewspaper.
Swor~...~nfl'subscr~ed before me
da, ot:~.~~,~,.-.g~., A?. ~ .~..:.~:SV~. ,
(SEAL) ~ ' .fN~tar~ Public
i~§TART PUBLIC, STATE OF FLORIDA AT LAR6E
MY CI~M.MLSSION EXPIRES OCT. 25, 1966
Delray Beach, Florida
~ovem~, PA , 1962
The City Council of the City of Delray Beach, Palm Beach
County, Florida, met in regula.~' public session at
the regular meeting place of the City Council in the City Hall in
the City of Delray Beach at 2 o'clock P .M. on NOvember
ox 1962 with Mayor Walter Dietz and the follow-
lng members present:
Councilman
Cou~ci]u~r~ George T~!bo:'~ Jr
Absent:
There were also present R.D.%~o?th!og .. , City
Clerk, Robert J. }iol]~nc~ , City ~nager~ and
J~.~nn Ross &~ams ., City Attorney.
After the meeting had been duly called to order by the
~yor and the minutes of the preceding meeting had been read and
approved the following resolution was introduced in written form by
_ R. D, Wort;b~r~ , was read in full and discussed.
Pursuant to motion ~de by George V. Warren and seconded
by A ]. ~ $ vets
. .~. , the resolution was adopted by
the following vote:
?Iayor W~lter Dietz
Councilm~n George ~a].bot~ Jr.
Councilm~-~ _~.uzver ?f. k~oo~,ar~ Jr.
NAY: None.
The resolution is as follows: