Minutes 08-16-55~ZNt~ES OF A REGULAR MM~TI~G OF TBE
B0~NTON B-EA~, FLORIDA, w~r.~ AT THE
BELCH, AUGUST 16, i955.
PRESENT: ~. A.E.Shook, Mayor I~. Stanley Weaver, Vice Mayor.
N~. Albert Deen
M~. Joe DeM~co.
C~NCtLLORS OF
CIT%_'Mar.L, BOYNTON
l{Ps, D.V.~tlliams,
City Clerk.
}~i~. Zell Taylor
~o Ca~! Stone.
Mayor Shook called the meeting to order at 7.30 P.M.
F~. Willies said they now had signatures of almost 100%
of the prepe_.~ty owners of S~y D~le reGues$img ~-ZOnlmg of
the entime S/D i~tead of part of it, a~d asked that the matter
be re~ur~ed to the Zon~uE Board for re-cpnsideration.
It was agreed that this sho~u!d be done,
The Rev~ G.A.Ha~grave, Minister of the South Side Baptist
Church, asked that two si~s be put up, one at tSth and Federal
and one on Seacrest Beutevardo, showing the way te the church;
also au ~a~row sig~u~der the tra£fic light at the corner of
~ake Ave~me aud Seacrest Boulava~d.
Afte~ discussion, ¥~. Weaver moved that a per~tbe gr~nted
for the three signs requested by the South Side ~tist Church,
the third one to be at the side of the street insteud of u~der
the traffic light. F~o Deen seconded. Motion carried.
There was a discussion on the eign~ropesedby the ~o~amber
of Corette for the entrauce into Boynton, to replace the
present one.
~. Shook said he would look into it in the mor~ing and
see what would be best to do.
City Clerk D.V,Williams read the minutes of the last regu!a~
~eetmng *f the Co~ucil of August 1.
Mr. De~arco moved that the minutes be accepted as read.
M_~. Deen seconded. ~o.~mon carried.
A letter was read from the Shuffleboard Club, signed by a
Committee of three, ~ecommending the appointment of I~D~,Sohatte
as caretaker of the Club in place ~f Mt.Russell ~o has resigued
as of September 1st.
F~. DeMarco moved that the Council accept the recommendation
of the Shuffle Board Club. i~. Weaver seconded. I~otion ea~ried.
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Fou~ requests for re-zoning for Woolbright Road from the
Highway to Seacrest from residential to co~erolat were read,
N~. Weave~ moved that the requests be turned over to the
Zo~.g Board. N~. Deen seconded. ~otion carried,
A reply to the C ~o~ncil's letter to the FEC. railway asking
tD~t train No.7% stop at Boynton Beach was read. The request
was disallowed.
A letter of appreciation was read from the Girl Scouts of
Delray Beach for recent kindness extended by the City of Boynton
Beach to the Gi~l Scouts.
~. Griffith read Ordinance No.273 for the first time,
covering the control cf the municipal beach and parks.
M~, Weaver moved that Ordinance No.273 be accepted for the
first reading~ Mr, Deen seconded. Motion carried.
Mr. Griffith read 0rdinan~e Nc.271 for the second time,
~. Weaver moved that Ordinance ~o~251 be accepted for the
second reading. ~. DeM~co seconded. Motion carried.
~fter discussion, Mr.~Weaver moved that the Council confir~
their action in support of the op~uion given at previous meetings
on the matter of re-zoning of Gulf ~StreamEstates, Plat No.2 to
allow of the building of a church by Jehovah's Witnesses, and
refuse a~l~di~g per, it. 2~. DeMarco seconded. Motion c~rried.
After discussion, Mr. Weaver moved that ~. Donofrio be
authorised to get in touch with the Police Department regarding
his request for parking space for two t~xis near H~ard Johnson's.
N~. Deen seconded. I~otion carried.
There ~.~s a long disc~ sion on the water situation in
McDonald Park and ~. Stone's estimate that it would cost approxi-
mately $19,303.70 to install the lines.
I~L~. Weaver said that
to the houses being built,
~ture houses.
for the time being service c~n be given
as a temporary measure, but not on
The matter was tabled.
An engineer is to be contacted and asked to give us speci-
fications for Orange Avenue and the streets in the Lawns S/D
ballast For full 50~ ~ud paving center 22' of streets.
Qith regmrd to the colored cemetery ~m. Weaver thought the
City should go ahead and clea~ ~p the property, and see if there
is ~n~thing available for a colored cemetery, and that ~ acre~
or so would 1~ke ca~e of it For years.
EYfLRACT FROM Ev-I~UTES of a ~egm~la~ meeting of the Cou~¢itloms
of B~ynten Beach, Florida, held at the City Hall,
B~ton Be~ck~ August l, 195~.
RESOLUTION authorizing the issmamce of One E~n~ed Thc~saud
Dollars ($1~O,000.00) of ee~ificates ef
i~de~te~ess ~ef She City of B~te~ Beach,
P~ Beach C~$y, Florida; p~ov~g fe~ the
s~e ~f s~8 certifies ~d p~ovid~ fo~ the
~i~ts ~f the holders ~he~of.
~. G~iffith 2ead a Resol%%tien c~vering the p~chase
by the City of Boy~ton B~ach of six hundred feet of 0ces~
f~ont, and the issue of certificates in the amount of
~. DeEa~co moved, ~. Weaver seconded, that the
Resolution be ascepted. Motion ca~mied.
RESOLU ~ IO~ NO.
A HESOLUTiON AUTHORIZING THE ISSUANCE OF Oh~ HUNDRED
THOUSAND DOLLARS ($100,000) OF CERTIFICATES OF INDEbTEDneSS OF
THE CITY OF BOYNTON BEACH, PAk~I BEACH COUNTY, FLORIDA; PROVIDING
FOR THE SALE OF SAID CERTIFICATES AND PROVIDING FOR THE RIGHTS OF
THE HOLDEP~ THEREOF.
%fHEREAS, the City of Boynton Beach is a municipal
corporation of the State of Florida, created and existing under
and by virtue of the provisions of Chapter 2&398, Special Laws of
Florida, Acts of 1957, and Acts amendatory thereto; and
%~JEREAS, under and by virtue of the terms of said Act
the City has the power to acquire, by purchase or otherwise, real
proper~y w~-thin or without the City to be used for public park
and public beach purposes; ~ud
WHEREAS, the City Cguncil of Boynton Beach has found
an~ determined that it is vital and necessary for the welfare of
the inhabitants of the City of Boynson Beach to acquire a tmact
of land consisting of six hundred (600) feet of ocean frontage
for public park and public beach purposes, adjoining the existing
land o~rned by ~he City for such purposes; and
'[~MqEREAS, the City does not have sufficient funds avail-
able to pay for the purchase of said public park and public beach
property and it is desired and necessary to issue certificates of
indebtedness in anticipation of the collection of the excise ~axee
imposed by the City of Boynton Beach in Ordinance No. 197, passed
and adopted by the City Council ~f the City of Boynton Beach on
July 12, 19&6; and
~qEP~AS, the City Council has determined that the sum
of One Hundred Thousand Dollars ($100,000~, together with such
fusds as the City has on hand, will be sufficient to acquire said
six hundred (600) feet of ocean frontage for public park and public
beach purDoses; and
W~EREAS, the revenues derived from the excise taxes
imposed by said Ordinance No. 197 on the purchase of electricity,
bottled gas and local telephone service are mere than ample to
pay all principal of and interest on the certificates herein
authorized; now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
BOYNTON BEACH, PA~,I BEACH COUNTY, FLORIDA, as follows:
Section 1. That for the purpose of acquiring six
hundred (600) feet of ocean frontage for public ~park and public
beach purposes there shall be issued certificates of indebtedness
of said City in the aggregate sum of $100,000. Said certificates
to be in denominations of $1,000 each, shall be numbered i to 10G
inclusive, shall bear interest at the ra~e of four per cen~um per
annum, payable semi-annually on the first days of March and
September of each year, shall be dated September l, 1955, and
shall mature in numerical order as follows:
Numb eries ~mount Maturity Date
i through 10, inclusive $10,000.O0 On 6r befb~ September 1,1956
ll ~ 20, " lO,O00.O0 " " ~ September 1,1957
21 " 30, " lO,O00.O0 " " " September 1,1958
31 ~ 40, ~' lO,O00.O0 " - ~ September 1,1959
$1 ~ 50, " lO,O00.O0 " " " September 1,1960
51 ~ 60, ~ lO,O00.O0 ~' ~ ~ September 1,1961
61 '~ 70, " lO,O00.O0 " ~ ~' September 1,1962
71 ~ 80, " lO,OO0~O0 " " ~ September 1,1963
81 ~ 9% ~ lO,O00.OO " " ,, September 1,1965
91 " 100, ~ 1%000.00 ~ " " September 1,1965
Said certificates shall be n~gotiable and shall be pa~able~as to
both prmncipal and interest mn lawful money of the United otates'
of America at th? Boynton Beach State Bank, Boynton Beach,
Florida.
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Section 2. Said certificates of indebtedness shall be
signed by the Mayor of the City of Boynton Beach, attested by the
City Clerk and shall have impressed ~hereon th~ corporate seal of
the City of Boynton Beach.
Section 3. Said certificates of indebtedness and the
previsions thereof shall he in substantially the following form:
UNITED STATES OF A~RICA
STATE OF FLORIDA
COUNTY OF PAi~ BEACH
CITY OF BOYNTON BEACH
CERTIFICATE OF INDEBTEDNESS
No. $I,O00.00
The City of Boynton Beach, Palm Beach County, Florida,
a municipal corporation, for value received, hereby promises to
pay solely from the special funds provided therefor as hereinafter
set forth to .... , or order, on
or before the 1st day of September, 19 , the principal sum of
One Thousand Dollars ($1,000.O0) and to pay from said funds
interest thereon at the rate of four per centum (4%) per annum
from date until paid, payable semi-annually on the first days of
March and September of each year, both principal and interest
payable in lawful money of the United States of America at the
Boynton Beach State BaRk, Boynton Beach, Florida. This certifi-
cate may be called by the City and discharged in full on any
interest paying date upon thirty (30) days prior notice to the
holder h~reof.
This certificate is one of an issue of One Hundred
Thousand Dollars ($100,OOO.OO), all of like date and tenor except
~ssued by said City pursuant to its Charter and
as to maturity, ~
pursuant to a resolution duly adopted by the City Council of said
City on the 1st day of August, 1955.
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These certificates have been authorimed for the purpose
of purchasing additional la~d for public park and beach purposes
for the City. It is provided in said resolution that the City
Co~ucil shall fix and maintain annual appropriations from the
collection of excise t~xes on purchases of electricity, bottled
gas and local telephone service sufficient te provide revenues
adequate at all times to pay the interest on and the principal of
said certificates promptly as each falls due. This certificate,
including interest hereon, is payable solely from the said excise
tax collections and the other resources referred to and the City
of Boynton Beach is under no obligation to pay this certificate,
or the interest thereon, except from the .sources prescribed in
the resolution and in this Certificate of Indebtedness.
All acts, conditions, and things required by the Con-
stitution and the Laws of Florida, and the Charter of said City,
to happen, exist and be performed precedent to and in the issuance
of this certificate have happened,
as so required.
IN W~ThrESS ~4EP~OF,
this certificate to be signed
Clerk and its corporate
day of September, 1955.
exist, and have been performed
the City of Boynton Beach has caused
by its ~yor, attested by its City
~ ' all as of the 1st
seal hereunto a~fzxed,
(CORPORATE SEAL)
Attest:
THE CITY OF BOY~ON BEACH,
PAL?~I BEACH COUntY, FLORIDA
By
Its b~yor
Court
County, Florida, rendered on the
and recorded in Chancery Order Book
Circuit Court.
Its City Clerk
(Form of Validation Cert_~zzcate)
Validated and'confirmed by a decree of the Circuit
of the Fifteenth Judicial Circuit, in and for Palm Beach
day of , 1955,
, Page , of said
Clerk of the Circuit Court,
Palm Beach County, Florida.
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Section 4. The certificates of indebtedness herein
authorized shall be pay~ole exclusively frem the excise taxes
imposed on purchases of electricity, bottled gas and lecal
telephone service, as provided by Ordinance No. 197 of the City
of Boynton Beach, passed and adopted on July 12, 1946, and shall
not pledge the full faith and credit of the City. The certificated
o£ indebtedness previded for her~in shall be effered fer sale te
the highest bidder for cash at public or private sale as the City
Council may here&fterdetermine; provided, hewever, that no
certificate may be sold for less than par, together with interest
accrued to the date of sale.
Section 5. That the City of Boynton Beach hereby
covenants and agrees with each successive holder of the certifi-
cates of indebtedness herein authorized to establish and maintain
a special fund which is hereby created and designated as
~NICIPAL BEACH EXPANSION FUND~ and to sufficiently provide
therein funds for the pa~unent ef the principal and interest en
said certificates as the same falls due.
Section 6. That there shall be deposited in the
EUk~CIPAL BEACH EXPANSION ~J~ND a sufficient amount ef the monthly
receipts of the excise taxes on utilities imposed by law as will
be necessary to pay the p~incipal and interest on said certifi-
cates as they become payable. Said funds shall be maintained at
such level as to have in said account a sufficient sum to pay
the then next ensuing installment ef principal and interest. Any
sam over such level may be used by the City for any other lawful
purpose.
Section 7. All moneys in the ~4/JNICI?AL BEACH EXPANSION
FUND shall be deposited in a solvent bank as a fund Separate and
apar~ from all other City funds$ and is ~o be continuously secured
by a surety bend, or bonds, ~itten by a surety company, or
companies, of recoEnized standing or by the valid pledge of
direct obligations of the United States of America having an
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aggregate market value, exclusive of accrued interest, a~ all
times equal to the sum on deposit.
Section 8. That while a~y of the certificates of
indebtedness issued hereunder shall be outstanding the City will
not issue any additional obligations payable from the s~me
revenues, unless the lien of such obligations on such revenues
is made junior and subordinate in all respects to the lien of the
certificates of indebtedness issued hereunder. Theprovisions of
this section shall inure to the benefit of and be enforceable by
any holder of the certificates issued hereunder.
Section 9. That the City ~ili keep proper books,
records and accounts, in which complete and correct entries
shall be made of all receipts relating to the collection of the
excise tax on utilities and the disbursements therefrom, and will
furnish the holder or holders of said certificates a strict
accounting thereof at all reasonable times.
Section 10. The City of Boynton Beach covenants and
agrees ~hat it shall maintain and keep in force and effect
Ordinance Noo 197 imposing an excise tax on the purchase of
electricity, bottled gas and~local telephone service until such
time as the principal and interest on said certificates are paid
in full.
Section llo In the even~ the collection of excise taxes
on utilities imposed by Ordinance No. 197 shall not be sufficient
to pay principal and interest on the certificates of indebtedness
City
herein authorized, the%covenants and agrees that it shall
appropriate from its other unpledged revenues, no~ raised by an
ad valorem a~se~sment, such additional sums as may be necessary
to pay the principal and interest of said certificates as the
came mature and become payable.
Section 12. Tha~ no ad valorem taxes shall ever be
levied and no moneys shall ever be taken or diverted from any
funds of the City for the payment of principal and interest on
the certificaDes issued hereunder except as herein expressly
provided. -6-
Section 13. That the City Attorney is hereby authorized
and directed to institute appropriate proceedings in the Circuit
Court of the Fifteenth Judibial Circuit, in and for Palm Beach
County, Florida, for the validation of said certificates, and in
any appeal taken to the Supreme Court of Florida to review any
validation decree in such Circuit Court. and the ~yor is author-
izod to sign any pleadings in such proceedings for and in behalf
of the City Council of the City of Boy.ton Beach, Florida.
Section l~o That if any section, paragraph, clause or
provision of this resolution shall be held to be invalid or
unenforceable for any reason, the invalidity or unenforceability
of such section, paragraph, clause or provision shall not affect
any of the remaining provisions of this resolution.
Section 15. In consideration of the acceptance of the
certificates of indebtedness authorized to be issued hereunder by
those who shall hold the same from time to time, this resolution
shall be deemed to be and shall constitute a contract between ~
City of Boynton Beach and such ce~tzflcate holders.
PASSED AND ADOPTED in
1st day of August, 1955.
~pproved:
~L~yor
.ttest.
regular session assemb!sd this
? ' ., ,,.
City Council
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