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R66-SSRESOLUTION NO. 66 ~- SS A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, PROVIDING FOR THE CONSTRUCTION AND INSTALLATION OF CERTAIN STORM DRAINAGE FACILITIES ON NORTH SECOND AVENUE, WITHIN SAID MUNICIPALITY, IN CONJUNCTION WITH A JOINT PROJECT BETWEEN THE CITY AND THE FLORIDA STATE ROAD DEPARTMENT; AND PROVIDING FURTHER FOR THE ISSUANCE OF REVENUE C~RTIFICATES OF SAID CITY IN AN AMOUNT NOT EXCEEDING $160,000.00FOR THE ABOVE PURPOSE, AND FOR THE PAYMENT THEREOF FROM REVENUES DERIVED SOLELY FROM THE EXISTING CIGARETTE EXCISE TAX IMPOSED BY SAID CITY; AND FOR OTHER PURPOSES. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. AUTHORITY This Resolution is adopted pursuant to the provisions of the Charter of the City of Boynton Beach, Florida, as amended and supplemented, the existing ordinances of said municipality, and the Statutes of the State of Florida in such cases made and provided. Section 2. FINDINGS It is hereby ascertained, determined and declared: (a) That a public need presently exists for the immediate construction and installation of certain storm drainage facilities on North Second Avenue, within said municipality, in conjunction with a joint project between the City and the Florida State Road Depart- rnent, for the general health, safety, welfare and benefit of the inhabitants of the City of Boynton Beach, Florida. (b) That the City of Boynton Beach, Florida, presently derives revenue and income from its existing cigarette excise tax imposed pursuant to the provisions of the ordinances of the City of Boynton Beach, Florida, under the authority of Chapter 210 of the Florida Statutes, which revenue is in the total approximate amount of $150,000.00 per annum. (c) Thai the First Bank of Boynton Beach, Florida, has committed to purchase from the City of Boynton Beach, revenue certificates to be issued by said City in a sum not exceeding $160,000.00 at an interest rate of 4.75% per annum, payable in seven (7)equal annual installments of principal together with inlerest on the unpaid principal balance for the purpose of allowing the municipality to proceed with the above-described project and to secure the payment of said revenue certificates solely from the income to be derived from the above-described cigarette excise tax. NOW, THEREFORE, be it further resolved by the City Council of the City of Boynton Beach, Florida, as follows: (1) Thai there is hereby authorized the issuance of a revenue certificate or certificates in a total aggregate amount not to exceed $160,000. ~0 at an interest rate not to exceed 4.75% per annum, payable in Seven ~ y~- equal annual installmenls of principal together with accrued interest on the unpaid principal balance of said debt, as of the date of said annual principal payment, for the purpose of constructing and installing certain storm drainage facilities on North Second Avenue, within the municipality, in conjunction with a joint project between the City and the Florida State Road Department, as well as for all attendant costs incurred by lhe City in connection with said project and issuance of such revenue certificate or certificates, including engineering, architectural, fiscal and legal expenses, and that said revenue certificate or certificates, upon issuance, shall be sold at par to the Firsl Bank of Boynton Beach, Florida, in accordance with their existing commitment to purchase said certificatte or certificates; a copy of said commitment is attached hereto marked Schedule A and hereby made a part hereof. (2) Thai such revenue certificate or certificates shall specifically provide that same shall be payable solely from the income or revenue derived from the existing municipal cigarette excise tax and that said debt or debts shall not be or constitute general obligations of the City of Boynton Beach and no ad valorem taxes shall ever be levied or ATTEST: utilized for the payment of the principal or of interest thereon nor shall said debt ever constitute a lien or claim against any property or asset of the City of Boynton Beach other than the revenue or income from subject cigarette excise tax; that such certificate or certificates shall further specifically provide for the right of the City to prepay all or any part of the subject indebtedness at any time prior to maturity without penalty. (3) That upon issuance of subject revenue certificate or certificates hereinabove described, the Mayor and City Clerk of the City of Boynton Beach are hereby authorized to proceed with the execution and sale of same, as provided for herein, and to further proceed with the necessary steps to effectively implement the accomplishment of this project, all subject to further authorization and approval of the City Council. (4) That the City of Boynton Beach hereby pledges to and for the payment of the above obligation or obligations, upon issuance, annually from the gross revenues derived from the above-described existing cigarette excise tax, an amount sufficient to pay the annual obligations set forth therein for principal and interest coming due thereunder, and in addition, agrees that no obligations payable from said source will hereafter be issued unless the lien of such future obligations against subject cigarette excise tax shall be inferior, junior and subordinate to the lien of the revenue certificates issued pursuant to this Resolution. CITY OF BOYNTON BEACH~ FLORIDA Mayor City Clerk (CORP. SEAL) Councilm a~---- Councilman FIRST BANK OFF'ICE BOX ! BB P,~NK BOYNTON BEACH, FLORIDA 334.35 BOYNTON 732-9781 W. PALM BEACH 832-5601 G~'ORG£ I. WILD£ September Zg, 1966 Mr. F. T. Kain, City Manager City of Boynton Beach Boynton Beach, Florida Dear Mr. Kain: In reply to our recent conversation, I am pleased to advise that our Bank has approved a loan to the City of Boymton Beach in the amount of $160, 000, for a period of seven years, subject to the following provisions, to wit: 1. A Promissory Note executed on behalf of the City by authorized parties, in the amount of $160,000, to mature seven years from date, providing for equal annual principal payments, and including interest at the rate of 4-3/4% per annum, payable annually. 2. In accordance with our previous conversation, the Note evidencing this debt is to be validated through Circuit Court of Palm Beach County, Florida. 3. A Pledge Agreement whereby all cigarette tax revenues payable to the City of Boynton Beach by the State of Florida are to be assigned to the Bank as principal collateral for this loan. An agreement whereby any future bonded indebtedness of a general obligation nature sold by the City will provide that the unpaid balance of this note at the time of issuance, will be retired from the proceeds of said bond issue. 5. It is agreed that this Bank will accept documentation prepared by the City Attorney, and will be subject to the approval of the Bank's Attorney, Mr. William A. Lord. 6. Ail expenses regarding the establishment of this loan, relative to the preparation of legal documentation, are to be borne by the City. Mr. F. T. Kain, City !k4anager -2- September 22, 1966 7. Presentation to the Bank of evidence that there are no existing claims against the revenue tax pledged. I trust that you find the foregoing to be satisfactory, and my associates join me in thanking you for this opportunity to be of service to the City. Yours very truly, ,uieol~ge I. Wl'fde President GIW/nd