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1972.06.28_TC_Minutes_Workshop MINUTES: WORKSHOP MEETING OF THE TOWN COMMISSION - June 28 1972 A workshop meeting of the Town Commission was called to order by Mayor Horton on June 28, 1972 at 4 :00 P.M. All Commissioners were present with the exception U of Commissioner Jurisch. Mayor Horton informed the Commissioners that re: the condemnation proceedings on the land for the new Town Hall, information should be available by the end of next week as to how the matter is progressing. Discussion followed. The Mayor read a letter received from the Area Planning Board notifying us that they are a co- ordinating agency and offered assistance for various projects. Mayor Horton read a letter received from State Senator Phil Lewis, addressed to Arnold Ramos of the DOT, acknowledging information regarding the 51st Street Bridge received from the Town and requesting Mr. Ramos to inform him as to status of the bridge. Mayor Horton read a letter received from an attorney representing William Ferrell, a property owner in Town, opposing zoning changes affecting his property. Discussion followed. Mayor Horton read a letter received from the Mayor of the City of Miami requesting support for the Gurney amendment, opposing a State income tax. Mrs. Roberts was instructed to draw up a Resolution opposing the state income tax and supporting the general revenue sharing. Discussion was held regarding a recommended tree preservation ordinance. Commissioner Joy asked if Mr. DiCampli was still making 8 patrols a day. The daily report file was brought out for the Commissioners to review. Commissioner Joy questioned whether the vacating and abandonment of Florida Avenue would add this land to the tax roll. A letter was read, addressed to Mr. David Reed, County Tax Assessor from the attorney representing CGC Corp., which requested him to take whatever steps are necessary to place this land on the tax rolls and to assess it with and as a part of the abutting lands now owned by CGC Corp. Discussion took place regarding the County Library system and whether or not Highland Beach would benefit by becoming a part of it. Since many of the large cities such as Boca Raton, Delray Beach, Boynton Beach, Lake Worth and West Palm Beach are not a part of this system, the consensus was to retain our own lending library. Discussion was held regarding dogs running loose on the beach. One solution offered was to prohibit parking along AlA, thus preventing access to the beach. Vice Mayor Dent read a letter received from the State of Florida Department of Natural Resources, citing development along the coast line and how the dunes and beaches are being destroyed by erosiion so often a product of uncontrolled development. It is the intent of the Governor and the Cabinet to vigorously oppose any construction along the beaches that would affect the stability of these beaches and dunes. This department is now making studies to establish coastal construction setback lines along the beaches, that may take two years to complete. They suggest that prior to issuance of any building permits for construction along the beaches, it may be desirable to have plans and specifications reviewed by the staff of the Department of Natural Resources MINUTES: WORKSHOP MEETING OF THE TOWN COMMISSION - June 28, 1972 and the Trustees of the Internal Improvement Fund. u Discussion followed, mainly about dune protection. There was discussion regarding providing for a traffic count in Town, which Mrs. Roberts requested from the Department of Transportation. It was suggested we might buy or rent a counter and conduct our own count. Discussion was held about a possible Cable TV franchise and an ordinance to provide for this. The meeting adjourned at 6 :00 P.M. APPROVED: ATTEST: L Town C rk DATED: �.� EXTRACTb 1'KUN 'IMP, P1.LLV� A.Aj j ..� .. MEETING OF THE L , J (�.n 44 A 1-W-d-Wn OF r HELD ON THE DAY OF 0 -4 , 19�2� ! ✓/ The 0 of met in& meeting at in the of�, at 2 6>6 o'clock M. on the day of , 19 Z the place, hour,'and date duly establish d for the hold- , ing of such meeting. The called the meeting to order and on roll call the foil wing answered present: 4 -- �. and the following were absent: A Q J The declared a quorum present. A Resolution retitled: / � U 0 as introduced by Mr.4• L&4 �4 42 Said Res was then. read i full and discussed and considered. Mr, then moved the adoption of the Resoluti n as introduced and read. m". seconded the motion, and, on roll call, the following voted "Aye ": �LA-444 4 4444dzag�_ and the following voted "Nay ": The thereupon declared the motion carried and the Resolution adopted as introduced and read. There being no further business to come before the meeting, upon motion duly made and seconded, the meeting was adjourned. 4 ' - A RESOLUTION AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $WO,000 EXCISE TAX BONDS, ANTICI- PATION NOTE OF THE TOWN OF HIGHLAND BEACH, n� FLORIDA; PROVIDING FOR THE PAYMENT THEREOF AND ENTERING INTO CERTAIN COVENANTS AND AGREEMENTS WITH THE HOLDERS THEREOF. BE IT RESOLVED BY THE COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA (hereinafter called "Commission" and "Town" respec- tively), that: SECTION 1. .AUTHORITY FOR RESOLUTION. This resolution'is adopted pursuant to Section 215.431, Florida Statutes, and other applicable provisions of law. SECTION 2. FINDINGS. It is hereby ascertained, determined and declared that: r y7,P A. 0 � , 1972, the Town enacted Ordinance No. (herein called "1972 Ordinance "), authorizing the issuance of $-k2, 0 Excise Tax Bonds, dated May 1, 1972, of said Town (herein. called "Bonds "), for the purpose of acquiring real estate within the Town upon which to construct certain capital improvements (herein called "project"). B. Such'Bonds and the coupons appertaining thereto are payable solely from and secured by alien upon and pledge of the pro- ceeds of excise taxes levied by the Town, defined,and described in the 1972 Ordinance. C. It is necessary and urgent that funds be made immedi- ately available.in order to provide money for the project. The Town must, therefore, anticipate the receipt,hy it of the proceeds to be derived from the sale of the Bonds. Otherwise, if the Town further postpones and delays the project, pending the sale and delivery of such Bonds, considerable inconvenience will be suffered by the Town. The principal of and interest on the anticipation note to be issu sel pursuant to this resolution will be payable solely from and secured by a lien upon and a pledge of the proceeds derived from the sale of such Bonds and, if necessary, from the proceeds of the excise taxes. I SECTION 3. RESOLUTION TO CONSTITUTE CONTRACT. In con- sideration of the acceptance of the anticipation note 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 the Town and such holder. SECTION 4. AUTHORIZATION OF ANTICIPATION NOTE. For the purpose of financing the cost of the project, there is hereby authorized to be issued an Excise Tax Bonds Anticipation Note of the Town (herein called "Note "), in the aggregate principal amount / o-o� 0 of One Hundred Twenty -Five Thousand Dollars Said Note shall be dated 1, 1972, shall mature on or prior to / C .-o, 1, .1972 , and shall be in the denomination of $t3 . Such Note shall be payable at such bank or banks, shall bear such rate or rates of interest, be in such form and have such identify- ing numbers and other details as the Mayor - Commissioner and the Treasurer shall determine. SECTION 5. SALE OF NOTE. The Note shall be sold at public sale or private sale, at a price not less than the par value thereof and accrued interest, and said Mayor - Commissioner and Treasurer are hereby authorized to award the Note, to receive the purchase price therefor and to apply the proceeds thereof without further authority from this Commission. SECTION 6. EXECUTION OF NOTE. The Note shall be signed by the Mayor - Commissioner, either manually or by his facsimile signature, and by the Treasurer, either manually or by his facsimile signature; provided, however, that the signature Of either the Mayor - Commissioner or the Treasurer shall be a manual signature. The interest coupons, if any, attached to said Note shall be executed with the facsimile signatures of said Mayor - Commissioner and Treasurer. The seal of the Town shall be affixed to or reproduced or imprinted on the Note. SECTION 7. NOTE NOT DEBT OF TOWN. The Note shall not be or constitute an indebtedness of the Town within the meaning of any constitutional, statutory or other limitation of indebtedness, but shall be payable solely from.the proceeds derived from the sale of the Bonds and, if necessary, from the excise taxes. No holder or holders of the Note issued hereunder shall ever have the right to compel the exercise of the ad valorem taxing power of the Town or taxation in any form of any real property therein to pay the Note or the interest due thereon. SECTION 8. SECURITY OF NOTE. The payment of the prin- cipal of and interest on the Note shall be secured forthwith, equally and ratably, by a prior lien on and a pledge of the proceeds derived from the sale of the Bonds and, if.necessary, by a prior,lien on and pledge of the excise taxes, as described in ,the 1972 Ordinance. The Town does hereby irrevocably pledge said funds to the payment into the reserve and sinking funds created pur- suant to the 1972 Ordinance, at the times provided, of the sums re- quired to secure to holder- of the Note issued hereunder the payment of the principal of and interest thereon at its maturity. SECTION 9, APPLICATION OF PROCEEDS. The moneys received . from the delivery of such Note authorised and issued pursuant tp this resolution shall be deposited and applied as follows: A. All accrued interest, if any, shall be deposited into. the Sinking Fund and used to pay the interest due on the Note. B. The balance of the proceeds shall be applied as pro- vided in the 1972 Ordinance. The holder of the Note shall have a lien upon all the -proceeds thereof until the same have been applied as provided herein. SECTION 10. COVENANTS OF THE TOWN. For so long as the principal of and interest - on . the Note shall be outstanding and unpaid or until there shall have been irrevocably set apart a sum sufficient to pay, when due, the entire principal of the Note remaining unpaid, together with interest accrued and to accrue thereon, the Town cove- nants with the holder of the Note as follows: A. PROCEEDS FROM BONDS. Upon the receipt of the proceeds of the Bonds, excluding accrued interest, the Town shall apply such proceeds as follows: (1) There shall be transmitted to the.paying agent the amount required to pay the principal of the outstanding Nate and the interest accrued thereon to such date of payment. (2) The remaining balance shall be applied pursuant.to., the provisions of the 1972 Ordinance. j B. APPLICATION OF PRIOR COVENANTS. The covenants and pledges (to.the extent that the same are not inconsistent) contained in the 1972 Ordinance adopted for the benefit of the holders of the Bonds shall be deemed to be for the benefit and protection of the Note and the holder thereof in like manner as applicable to the Bonds. Separate accounts in the Sinking Fund, created and established pursuant to such 1972 Ordinance, to the extent necessary, shall like- wise be maintained for the benefit of the Note -and the holder thereof. C. SALE OF BONDS. The Town in good faith shall endeavor to sell the Bonds in order to have funds available to pay the Note and the interest thereon as become due. CERTIFICATE OF RECORDING OFFICER The undersigned HEREBY CERTIFIES that: 1. is the duly appointed, 1 and acting . of the (herein called the a ke er of the , records thereof, includin the minutes of its proceedings; ' 2 The annexed copy of extracts from the minutes of the m Ling of the held on the _ 'day of �,: 19 is a true, correct, and compared,c y,of the whole of the original minutes of said meeting on file and of'record insofar, as the same relate to the resolution referred to in said extracts and to the other matters referred to therein;.. 3. Said meeting was duly conformity with all applicable requirements; . a proper quorum was present through- out said meeting and.the resolution hereinafter mentioned was duly proposed, considered, and adopted in conformity with appli cable requirements;.and'all other requirements and proceedings incident to the proper adoption of said.resolution have been duly,.•: fulfilled, carried out, and otherwise observed;' 4. is duly authorized to execute this Certificate; and . S. The copy of the resolution annexed hereto entitled: G oil _. .is a true, correct, and compared copy of the original resolution referred to in said extracts and as finally,adopted at said meet- ing and, to the extent required by law, as thereafter d ly signed or approve by the prop r officer or officers of the which resolution is on file and of re r.d. WITNESS my han and the seal of the RL� this - --�- - day of (SEAL)