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Minutes 10-15-51~II~U3TES OF ~ REGDq~AR ~ETING OF THE CITY COUNCIL 0Fm TPiE CITY OF BOYNTON BEACH, FLORIDA, AT TIiq~ CITY HALL ON OCTOBER 15, 1951. The City Council convened at the City Hall on October ~5, 1951, at 7.30 COUNCILI~w_~N PRESET: F. L. Purinton C. H. Hood Alva Shook Henry ~erkel Clifford Dorothy V. Williams, City Clerk, reed the minutes of the previous regular meeting of the Council on October l, 1951. Mr. ~rovince made a motion, seconded by Nr.Hood that the minutes be accepted as read. Notion carried unanimous- ly. BILLS 0'KAYED FOR PA~[~NT: Gen~! Fund. Henry Cooper Leonard Harris Frank Johnson Dave Lanier Sam Nurray Lee Thomas Parker lVard E.j.~ahlmeister 70.00 Delray Beach ~otors Inc. 839.00 Howard Lee Cromer Florids tA*T.& Lt. Co. 667.68 A.C.Carver 138.00 N.0.~arshaI1 122.70 C.C.Yeeks 112.20 J.A.Klingler 102.20 D.V.Williams 112.70 John Bell 96.80 Ruth L.Gramley 70.40 John E.Raulerson Betty Jane Grill Katherine Thompson 65.40 Whitt ~cDowell 20.00 Henry Cooper 31.60 Frank Johnson ~5.00 Dave Lanier 45.50 Sam ~urray 31.60 Lee Thomas Parker Ward 3~o00 ~ater Fund. 21.00 39.60 35.00 ~5.50 21o00 39~60 33.00 !17.30 75.40 39.60 DepositOrs -2- Leonard Harris 39.60 Charlie ~'aters 33.00 Bo-gel Printing Co. 69.11 Central Truck Lines 12.09 Florida Pwr. & Lt. Co~ 624.7~ ~ustin Supply Co. 3o21 Del~arco Tractor & Instr. Co. 110.63 Palm Beach Typewriter Co. 3.60 City of Delray Beach 50.00 ~arty & Dick's Service Station 36.93 Danner Ford k6.20 Weavers Insurance Agency 108.45 Shaw Brothers Oil Co. a08.75 Howard Lee Cromer $2,109.35 Bond Constr. ? The ~ayor said he and Mr. Hood had insoected_ the old cemetery where a good deal of confusion existed, in some cases one grave had been found unde~ anothero In the Daugharty case the grave had been put in the wrong place to begin with, being outside the Southern boundary of the old cemetery and not in the new. At the same time it was recommended that Mrs° Daugharty's request be granted, and also the request of Mr. Klep re- garding the grave adjoining that of his father-in-law,' ~ Heaton. The ~ayor said there are no records of any kind re- garding lots in the old demetery, although the State laws say that every lot mus~ be recorded. He suggested that all future graves be in the new cemetery. Mr. Hood made a motion, seconded by Mr. Province, that the City gran~ to ~.lArs. Daugharty without charge those graves which she wishes, if she still desires that piece of land. ~otion passed unanimously. ~r. Griffith said that although there had been no records kept heretofore, he thinks a record should be kept in the City Hall of any future burials in the old ~emeteryo ~r. Hood suggested that ~ ~oolbright and ~.RauLer- son compile s record of names and locations of burials of their ~uowledge in the old ~emetery. ~Ar. Merkel made a motion that the old ~emetery be closed, with the exception that families with plots there may be allowed to bury relatives there, if there is a vacant lot adjoining. Mr. Hood seconded the motion, which was passed unanimously. To e protest against the increased cost of cemetery lots from $15 to $30, it was explained that this increase was.made to cover perpetual care. The Mayor said that something must definitely be done about marking out the cemetery lots, as at present there are not sufficient stakes and the roads must be fixed. He suggested taking one block et a time. A letter was read from Mr. Talbot requesting permission to have a small circus in Rainbow Gardens during the winter. Mr. Talbot, who~as present, include horses, monkeys and dogs, from the road. said the circus would and would be well back Mr. Shook made a motion~ seconded by Mt.Hood, that Mr. Talbot be allowed to have a small circus in Rainbow Gardens with the animals mentioned, but before any further animals are added the question mu~t again be brought up to the Board. Motion passed unanimously. A letter was read from I~r. Delen of the Laundry Lux requesting a loading zone outside his business premises on Ocean Avenue for the convenience of his customers when bringing in heavy bundles of lamudry. D~ring e lengthy discussion it was pointed out by the Mayor that there was a great deal of traffic on that street, ~nich is not ~ wide one, and that the City has tried to force all trucks, etc., to load and unload in the parking space available behind the stores; that various schemes for relieving the traffic had been tried, but all had met ~h~ sudh strong protests that they had been with- drawn; that when the alley is completed behind Mr.Delen's premises, his large parking space will be easier of access and can be marked "For Customers Only", as it will not be for the public. Mr. Shook said that if a loading zone is granted to one, it must be given to others, and with loading zones on both sides of the street there would be no room for anyone else. The general opinion of the Council was that the park- ing area should be in the rear of the stores and not in front~ and that there were no Cities where parking is allowed in front of stores. The matter was put to a vote and all the Commissioners agreed that they regretted they could not comply with Mr. Delen's request for a loading zone in front of his ~tore in such a narrow street, particularly in view of the fact that there was ample parking apace in the rear. It was also stated that there is already an Ordinance. against truck ~arking in this area, and no discrimination can be made between a truck and a car; that if the Ordin- ance is repealed, everyone will have to be allowed to park, as all must be treated alike. The ~ayor said that within a week or two the 20 foot alley behind ~. Delen's s~ore would be payed. Mro-Merkel announced that he, D~. Boos and Mr. Lord would take,it in turn to attend R.D.B, meetings, and it was, requested that a letter be written to the R.D.B. conveying this information; A colored man brought up the mat~er of some lots which, after ourchasing them from the Lake Worth Holding Company for $3~0, he had found to be in awhite zone. He wanted to know what he could do about it. The ~layor said that if it would be agreeable to him an equally good lot might be found in another ioeation which ne could swap for his present one. The man agreed and was told that the information regarding another lot would be available by the next meeting of the Cou~ucil, on November 5. ~r. Griffith read a letter he had received from the Florida East Coast Railroad regretfully repeating its reasons for not being able vo make ~o~m~mn a Flag Stop. When retaliation was suggested, Mr. Griffith cautioned that this might lead to a great deal of trouble and ex- pense l~sting for several years. ~r. Hood suggested ~r. Griffith reply to the FEC that the Co~nissioner~s regret the decision: but are not going to drop the matter, and will bring it up for _ur~he_,~ ~ ~ dis- cussion later. Seaboard the FEC. Griffith was also asked to write a letter to the ComDany along the same lines as those written to The Mayor referred to ~gr. Stafford as taking the pos_t~on that as he is not doing any v~rk as a painte~ in Boynton he should therefore noat have to buy a license here. 1~. Griffitb read an amendment to Ordinance No.227 covering nuisances in the City. Mr. Hood made a motion, seconded by ~. Province, that Ordinance No.227, as read by ~r.Griffitg, be accept- ed. ~otion p~ssed unanimously. -5- The City Clerk r~ad 0rdin~ee No,226 covering the Budget for the fiscal year 1952o ~r. Sherratt asked ~hat items were covered by the disbursements for publicity, and was told that these included signs, maps, ~ima! Rescue League and other donations, etc. that the as read. Hood made a motion, seconded by Mt. Province, firsv reading of Ordinance No.226 be accepted Motion passed unanimously. With regard to ths Suggested enforcement of the Ordinance covering dogs, it vmsdacldea' ~ to again table catcher,the matter as the City could not afford to pay a dog There being no further business, the meeting was adjourned by the ~ayoro ~ayor City Clark. r BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 0F BOYNTO~ BEACH, FI~IDA: Section 1. That this Council has ascertained and de- ~ermined that: (A) Under date of ~ay 1, 1928 the Town of Boyaton (now the City of Boyaton Beach) issued obligations designated ImproVement CerSifica~es of Indebte~ess in the P~cipal a~t of $58,56~.~, ~tU~ing on Nay 1, 19~8 and bearing i~ts~est at 8 ~r ~ntum, said interest being ~epPesen~ed by ~U~ns, payable ann~a!ly, attached ~o said obligations. The ce~tifiea~es of indebtedness were issued Lu various p~incipal ~s, each of which ~e~esenSed the ~o~ of an assessmen~ levied agains$ a lot or par~l of land described in ~he cePtificate of indebted- ness. Bo~h P~ineipal and in~erest of said cer$1ficates of indebt- e~ess wePe made payabl~ ~to heaped, and by ~he tep~ thereof the paymeno of su~ princi~l and iate~est was guaranteed by the To~ of Bo~ton~ By the provisions of Chapter 15088, ~peelal ~cts of 19~l, Creating the Town of Boynton Beach out of termitor7 former- ly included within She Town of Boyaton, each of said towns was required to assume and discharge 80% of ali iadebtedness for which the Town of BoynSon was liable o~ April 1,' t980~ whe~he~ represent- ed by bonds or otherwise. The Town of Boynton' continued to be liable for 80%~ of tJue amount of said improvemen~ certificates of indebtedness which were outstanding on April 1, 19~0, and of said amo~u~ fo~ which ~he Town of Boyaton remained liable theme are now outstanding and unpaid certificates in the Principal amount of $~1,892~ and interest accrued thereon to July I, 1949 in the sum of $~7,288.~0, making the total amo,ma~ of indebtedness past tions in conflict herewith are hereby rescinded. Section 14. That t~is resolution shall be in full force and effect immediately upon its passage, additional bonds with subsequent surplus accumulations or any other funds as long as private purchases ma2 be made upon such basis as will show an equal or higher income yield than the high- e~t yield calculated on bonds purchased responsive to tenders ceived at the last preceding tender date. In the event that no offerings can be obtained at or below the callable price, the said City may proceed to call bonds by lot. (B) That all of said refunding bonds purchased or re- deemed by the City shall be ca~celled immediately upon their sur- render to the City. Section lC. That it is hereby declared and intended that the said refunding bonds hereby authorized are to be issued as of J~ly 1, 1949, for the purpose of refinancing as of that date the amo~unt of outstanding indebtedness of said City of Boyn- ton Beagn, Florida, then existing as hereinbefore described. Section ll. That Bert Winters, Esq. , Attorney at Law, be and he is hereby authorized and directed to institute ap- propriate proceedings in the Circuit Court of the Fifteenth Judi- cial Circuit of Florida, in and for Palm Beag~ County, Florida~ for the validation of said refunding bond issue, and the Mayor is authorized to verify on behalf of the City of Boynton Beach any pleadings in such p~oceedings. Section 12. That if any clause, section, paragraph or provision of this resolution or of the refunding bonds hereby authorized be declared unenforceable by any court of final Jnris~ diction, it shall not affect nor invalidate any remainder thereof, and if any~of the refunding bonds hereby authorized be adjudged illegal or unenforceable, the holders thereof shall be entitled to be subrogated to the rights of the holders of the indebtedness hereby provided to be refunded thereby and as such em~orce their claim for payment. Section 13, That all resolutions and par~s of resolu- outstanding, and notice of such redemption, specifying the bonds to be ~edeemed, shall be Filed st the place of payment of the principal and interest thereof, at least thirty (30) days prior to such redemption date, and said notice of intention to redeem such bonds shall be published once, not more than sixty (~0) nor less than thirty (30) days prior to such redemption date, in at least two publications, one of wb~ich shall be a newspaper having a general circulation in the City of Boynton Beach, Florida, and the other shall ~afinancial Journal published in the City of New York, New York, and said bonds when so called for redemption shall cease to bear interest on such redemption date, provided that adequate funds for their redemption and payment shall have been deposited and set aside at the designated paying agency by said Cit~ for such purpose. section 9. (A) If at any time there is $§,006 or more in the Refunding Bond Interest and Sinking Fund Account over and above the amount of the next annual interest requirement, the said fund shall be used by the 0ity, after giving reasonable pub- lic notice of its intention, for the purpose of purchasing refund- ing bonds of the issue contemplated herein, which purChase shall be made in the following manner~ The 0ity shall designate a da~e at whic~ time it will receive sealed tenders of bonds of the funding issue ~erein authorized, and act upon such tenders in open session. The entire available surplus for the retirement of bonds shall be used to purchase bonds offered by suc~ tenders at the lowest prices; p~ovided, however, that if the said City be dissatisfied with any or all tenders thus received, it shall have the option to reject any or all of same~ and within sixty (60) days after su~n rejection it shall readvertise for additional sealed tenders in the same manner as hereinbefore provided, and shall pur- chase the bonds offered at ~he lowest prices upon such readvertise- merit abso~zing all surplus funds available in the Refunding Bond Interest and ~inking Fund Account; provided, lng each respective tender date said City may further, that follow- privately purchase ne~ avail itself of any legislation impairing or modifying the obligations of the Oily on the indebtedness refunded by said funding bonds or the covenants contained in $~id bonds and in this resolmtion; that said refunding bonds shall constitute continuation, extension, thereby refunded; that hereby declared to have merger and renewal of the indebtedness said refmnding bonds shall have and are the same security and source of paymen~ as the indebte~uess thereby refunded; that all rights and re- medies which were available for the support and enforcement of the indebtedness to be refunded hereunder shall be available for the support and enforcemen~ of the refunding bonds hereby author- tmed to be issued, and that said refunding bonds shall be of same class snd~e ~he same security and source of paymen~ from taxes or other revenues applicable ~nereto, as ~he refundibg bonds issued by the City of Boynton Beach, date~ Getober l~ 1946~ and designated Refunding Bonds, Issue of 1946. (D) That all covenants, representations, ~agreements and undertakings herein set out, as well as those appearing on the face of each of said ~efunding bonds, shall constitute a contract with the holders of the refunding bonds, which contract shall be en- forceable by s~it, action or mandamus on behalf of any bondholder in any court of competent jurisdiction, default sh~ll then have occurred in the or principal of said re~Gnding bonds. Section 8. (A) That all of whether or not a monetary paymen~ of the interest on said refunding bonds shall be callable upon any interest payment date prior to maturit~ at par plus accrued interest at the rate then prevailing as enfo~ce- able and collectible. (B) That the option to call any or all of said refund- ing bonds prior to matu~it~ shall be exercised in the fol!owingman- ner~ the ~efundi~g bonds which are to be redeemed shall be d~awn by lot by the governing body of said City from all the bonds then chase, redemption or payment of the principal funding bonds hereby auuhorized special imposed. will be of the said re- to be issued, shall constitu=e levies for the particular p~pose for which they are Such t~x levies, while eonstitu~Ing special levies, collected in cash at the same time and in the same manner as o~her taxes whiC~may be levied by ~he City and upon collection will be i~ediately stg~egated and credited to the propem fmnd~ as hereinbefore provided. 'The ~City covenants that it will P~om~Dtly set aside out of the proceeds of its tax collections, including the moneys derived f~om the sale or transfer of tax certificates and tax deeds, the D~opsr proportionate amount thereof applicable to the purchase, ~edemption or paymen~ of ~he principal and in- terest on ~he said =ef~ding bonds, and all moneys so c~edited to such special funds wil! be forthwith deposited with a City De- pository and held by it in t~ust for the pumC~ase, ~edemption or paymen~ of the principal of and interest on the said refunding bonds, in the manner p~escribed by this resolution. (A) The City hereby covenants that, ~r~.~withstanding the provisions of any laws inconsisten~ with the terms of this resolution, it will nco accepu anything bu~ lawful money of the United S%ates of America in paymen~ or satisfaction of ~he taxes requ/med to be levied or pledged hereunde~ fo~ the paymenu of the and principal of ~he refunding bonds authorized interest upon hereby~ (B) The City hereby further covenants that, notwith- standing ~ection ~ Article X, of the Constitution ofthe E~te of Florida, and any legislation enacted pumsuan~ thereto, it will levy taxes for the paymenu of the ~efunding bonds authorized here- by upon all homesteads whichwere subject to taxation for paymen~ of ~ne indebtedness refunded by said ~efunding bonds, to the same extent as o~her property may be liable Uo taxation the=efo~. (C) The City f~ther covenants that so long as any of the ~efunding bonds authorized hereby may be outstanding, it will $~o ~ . Moneys in said ~peelai Reserve Fund shall from time to time be applied to the payment of interest due on the refunding bonds in anticipation of ~he ecilection of taxes levied therefor whenever sueh taxes have not been collected at the time such in- terest becomes due. The amount used for such purpose shall be re- stored ~o such Special'Reserve Fund from the proceeds of said taxes as collected. Section 6. That the a~ual taxes herein provided for the paymen~ of the p~incipal of and interest on the refunding bonds shall be levied and computed in the proper proportionate amounts against the extended and finally equalized valuation of all property subject ~o taxation for payment of the refunding bonds, excepting only that property which was exempted from municipal taxation by the constitution and laws of Fi. rids as they existed immediately prior to November ~ l~. and suc~ taxes shall ~e levied accordingly each year and from year to yea~ until all of the indebtedness evidenced by said refunding bends has been liqui- dated, provided ~hst in no event will levies be made below the prescribed amount. The ~axes so levied shall be in addition ~o all o~her taxes levied by or on behalf of the City of Boynton Beach, and the proceeds r~hereof and of all tax certificates and tax deeds issued therefor are hereby appropriated and shall be used exclusively for the purpose for which t~he same are levied, and so long as any of said refunding ~onds and interest thereon remain outstanding or unpaid, the respective annual tax levies shall be increased when necessary to provide sufficient funds for the actual interest and sinking fund requirements of said refmnd~ lng bonds for the year next succeeding that in which the budget is being made and p~eparede ~ection ~. That all tax levies required to ~e made hereunder for the payment of the interest upon and for the pu~- (FOR~ OF COUPON FOR SE~I~A~.~UAL ~TEREST PAINTS) On the first day of , 19 , the City of Boy~ton Beach, Florida, will pay to the bearer at The Chase National Bank of the City of New To~k, in New Yo~k City, New Tork, the sum of being the then enforceable and collectible interest on lng Bend~ Issue of 1949, dated Jnly l, 19~9, ~oo said bond sb~!l have been the~eto£ore called do!la~s, its Refund- ~ unless for redemption. (FOR~ OF VALIDATION CERTIF!CA-~E) Validated and co~firmed by decree o£ the Circuit Ceu~t of the Fifteenth J~dicial Circuit of Flo~ida~ in ~d £or ~alm Beach County, rendered on the day of , 1949. C--~~e Circuit Palm Beach County, Flo~idn Section 4. ~nat for the prompt paymen~ of the principal of and interest on said refunding bonds issued pursuant to this resolution, the faith, credit and taxing power of the City of Boy~ton Beach, Florida, a~e hereby irrevocably pledged to the same exten~ and with like force and effect as the same were pledged for the paymen~ of ~ue om~standing indebtedness refunded thereby~ and the City Oo~Gncil hersb~ covenants and agrees with the holders of any and all of said ref~ading bonds and interest coupons issued under the provisions of this resolution that the City will make promp~ paymen~ of the same when due. Section §. That for the for ~he paymen~ of the interest on, lng fund for the retiremen~ of ~e funding bonds hereby authorized to purpose of adequately providing and for the creation of a sink- principal of, ell of said re- be issued, the City Cotuucil, for and on'behalf of said City, hereby covenants and agrees with the holders of said refunding bonds that: (l~ tn the annual budget and ad valorem Tax levy to be made in the fiscal year 1949~1980, and in each year thereafter until all of said refunding bonds and the interest thereon have been paid~ there shall be included a levy of $ cu~ren~ ad valorem tax on all property which is subject to taxation for the payment of the indebtedness refunded by said refunding bonds in such amo~t as shall be sufficient for ~he principal and interest retirement of bonded indebtedness based upon not more than §0~ collectibil- ity of su~ tax~ but in no event shall such levy be less than $ ~- in each of said fiscal years. (B) The City shall create and maintain a Special Reserve Fund in the amount of $ '~ , and f~om the first moneys col- lect~d f~om the tax levy for said refunding bonds, or from other sources of revenue lawfully available for that purpose, the City will apply or set aside a sufficien~ sum for the payment of the interest on the refunding bonds, and the balance ~nell be placed in the Special Reserve Fund until such Fund amounts to the sum of otherwise taking effect since the creation of the indebtedness hereby refunded. IT IS BE~°~BYOERTIFIEDAND RECIT~ t~t this negotiable bond is one of a Series issued ~nder the authority of ann in full compliance with the General Refmndfng Act of 1931, same being Chap- ter 1~2, Florida Statutes, 19~l, and the Cha~ter of said City, pursuant to resolutions and proceedings dmly and legally adopted and taken by the City Council eF the City of Boyn~on Beach~ Florida, and said Series of bonds, c£ ~ich this bond is a part,~t~ issued in exchange fo~ and as a continuation, extension, me~ge~ an8 newal of a like amount of vali~ subsisting Funded indebtedness the said City created prior ~o ~ovember ~, l~, and omtsta~ding on the dates of the passage of said resolu~ions~ and for the pur- pose of ~efundi~g said outstanding i~debtedness; that all acts, conditions and things req~i~ed to happen, exist and be performed precedent to and in the issuance of this bond have happened~ exist and been performed in due time, form and manner according to law; that the total bonded indebtedness of said City, including this bond, does no~ exceed~ ~nd thzt the total indeb~ednes~a of said City at the time of the incurring of the indebtedness ~efn~ded hereby, including said indebtedness, did not then exceed any constitutional o~ statutor~ limitation thereon; and for the prompt payment of this bond, and the inter,st thereon, as the same become due, the full faith, credit and taxing power of said City are hereby irrevocably pledged to ~he same extent and with like fo~ce and effect as the same were pledged for payment of the indebtedness refunded hereby. IN WITNESS WHEREOF the City.of Boynton Beach, in Palm Beach Comnty, Florida~ by its Oity Couocil has ~aused this bo~d to be signed by its ~ayor and ~ity Treasurer, and has caused the interest comports he~eto attached to be executed with the fac siw~ile signature of its Treasurer, all as of the first day of July, C~y Treasure~ approved as to Form, language and execution M yet City Attorney tax levy to be made in the fiscal year 1949-1950, and in each year thereafter until all of said Refunding Bonds and the interest thereon have been ~aid, there shall be i~cl~ded a levy of a current ad valorem tax on all property subject to taxation for the payment of the indebtedness refunded by said Refunding Bonds in such amount as shall be sufficient for ~he principal and iR~e~est retirement of bonded indebtedness, based upon Rot more than ~0% collectibility of such tax, but ia no overt shall such levy be less than $ ~ iR each of said fiscal years, and that the City will create a~d maintain a Special Reserve Fund in the sum of $ ~ and from the first mo~eys collected from the ~ax levy for said Refunding Bonds, or from other sourcss of revenue lawfully available for ~hat purpose, the City will apply or set aside a sufficient sum for the payment of the interest on ~he Refunding Bonds, and deposit the balance ia the Special Reserve Fund until such f~ud amounts to the sum of $ ~ ~ - ~o~eys in said ~pecial Reserve Fund shall from tLme to time be ap- plied to the payment of interest due on the Refunding Bonds in an- ticipation of the collection of taxes levied ~herefor, whenever such taxes have not been collected at the time s~ch interest becomes due. The ~f~ht is hereby ~eserved ~o levy such taxes as might law- fully be imposed for the payment of this bond upon any property heretofore embraced within the ~errite~ial limits of the C~ty at the time of the incurring of the indebtedness hereby refunded ~nich is ~ot now included withi~ the existing territorial limits of the City. The City further covenants that all taxes levied for the pay- ment of the p~incipal and interest of this bond, including taxes upon homesteads, will be collected in cash at the same time and in the same manner as operating and governmental ad valorem taxes levied by said City, and the rights and remedies for the enforcement of the indebtedness refunded hereby shall appertain to this bond and the taxes securing the same independently of any restrictions or limitations thereon emacted by the State Legislature of Florida or i~terest by let when such surplus is not used for the purchase of bonds of said issue at o2 below the callable price of par and aecrmed intefest and not reserved so to acquire snch beads under then published notice in the manner more particularly prescribed by the resolntion authorizing the issuance of said Refunding Bonds. In the event this bond is so called for 2edemption, notice thereof shall be filed at the place of payment of principal~and interest of said bonds at least thirty days prior to the date or redemption and shall be published once not less than thirty (~0) ~er more than sixty (60) days before such redemption date ia a newspaper having a genefal circulation ia the City of Boynton Beach, Florida, and once in a financial journal published in the City of New York~ New York~ as provided by the resolution of the City Council of said City of Boynton Beach authorizing the issuance of the Refund- ing Bonds of the issme of which this bond is one. If this bund shall not be presented for payment om the date so fixed for r~demp- rich, it shall cease to bear interest from and after said 8ate, provided that adequate funds for its redemption shall have been deposited and se~ aside at the designated paying agency by said City fo~ such purpose. The sinking fund p~ovided for said Refund- lng Bonds may also be used in the purchase thereof in accordance with the previsions of the ~esolution authorizing their issuance, The City of Boynton Beach covenants with the holder of this bond that it will levy $ direct annual tax upon all property subject to taxation.for the payment of the indebtedness refunded by the Refunding Bonds of the series of which this bond is one, except only that property which was exempted from municipal tax- atio~ by fha Constitution a~d laws of Florida as they existed irmnediately prier to Novembe2 6, 1934, which tax shall ~e in amounts sufficient to provide for payment~of the interest upo~ the bonds of the Series of which this bond is one as become due, and to create a sinking fund for pafEent oipal thereof at maturity; that in the a~nual budget the same shall of the prin- and ad valo3em D~ITED STATES OF A~E~CA STATE OF FI~)RIDA COUNTY OF PAI~ BEACH CITY OF BOYNTON BRACH HE~DI~G BOND, ISSUE OF 1949 NO. The City of Boynton Beach, a municipal corporation io the County of Pa~ Beach, S~ate ef Fto~ida, he~e~y ac~leages itse~ to be indebted ~d, fo~ val~e ~eceived, hereby p~e~ses ~o pay to the ~oea~er ~he Pr~cipal sum of ~DOLLA~S on the first day of July, 1971, with the option of prior redemp- tion as hereinafter provided, and to pay interest on said sum semi-annually, on the first day of January and the first day of July in each year, at the rate of one and one-half per cent~(1 1/2%) per annum from the date hereof to July l, 19~1; thereafte~ at the rate of two per cent (2%) per annum to July l, 1954; thereafter at the rate of two and one-half per cent (2 1/2%) per annum to July 1, 1956; thereafter at ~he rate of three per cent (~%) pe~ annum to July 1, 1961, and at the rate of four per cent (4%) per annum thereafter. Bo~h principal and interest hereof are payable in lawfml money of the United States of A~ericaat The Chase National Bank of the City o~ New York, in New York City, New ~ork upon pre- sentation of this Doad and the interest coupons hereto attached as they severally mature. This bond is one o£ an issue o~ Refunding Bonds of like date and ma~ri~y, limited in aggregate amount to The City of Boynton Beach, Florida, hereby reserves the right to call and redeem all or any part of the Refunding Bonds of the issue of which this bond is one on any inte~es~ payment~ date at par pims accrued interest at the rate then prevailing as enforceable and collectible, and agrees that it will apply surplus moneys in the Bpecial Reserve Fund established for said Refunding Bond issue, over and above requirements for interest payments, to the redemption of Refunding Bonds of said issue at pat and accrued refunding bonds shall be payable in lawful money oF the United States of America at The Chase National Bmnk of the City of New Ye~k, in New York City, New York. SecSion $o Said Ref~ndi~g Bonds ~ali be signed By the Mayor and City Treasurer and shall have the eo~pera~seal of the City affixed, and the ~u~erest coupons attached So the Bends ~aall be exeem~ed with the fac simile signatm~e of the Oity Treasurer. The form of said bonds and the coupons a~d of She validatio~ certi- ficate So be endorsed thereon ~sll be substantially as foltews: due and unpaid the sum of $§8,980.85 for the payment of which sum. the City of Boynton Beach is now liable as successor to the Town of Beyntono (B) The City of Boymton Beach is finansielly unable to pay the indebtedness above referred to without imposing undue hardship on its citizens and taxpayers, and it will be to the advantsge of the City and its taxpayers~ citizens and creditors to provide for the issuance of refunding bonds, bearing interest at a lower rate than the rate Which continues to accrue on said indebtedness, and postponing the time of payment of such indebt- Section 2. That for the purpose of refunding the out- standing indebtedness of the City of Boynton Beach described in Section 1 hereof, including the past d~e interest thereon as of July 1, 1949, there shall be issmed bonds of said City in the amount of $58,950.$5 pursuant to the provisions of Chapter Florida Statutes, 194!, and the City Charter, being Chapter ~peciaI Acts of 194~. Said bonds shall be designated "Refunding Bonds~ Issue of 1949", shall be dated July l, 1949, and shall mature on July l, i~V1, but shall ~e redeemable at the optio~ of the City on any interest payment date at pa~ plus accrued interest. The Refunding Bonds shall bear interest, represented by coupons payable semi-annually on January 1 and July 1~ at the rate of one and one-half per cent~m (1~) per annum from the date of the bonds to J~ly l, 1951; thereafter at the rate of two per centum (E%) per annum to July l, 1954; thereafter at the rate of two and one-half per centum (2m~%) per annum to July l, 1958; thereafter at the rate of three per centum (J%) per annum to July l, 1961, and at the rate of four per centum (4%) per annum thereafter. The Refunding Bonds shall be numbered i to 5~, inclusive, and shall be in the denomination of $1,000 except one bond which may be in the denomination of $950.$5. Both principal and interest of the