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07-25-1950 Special Meeting IIINU7ES OF THE REGUUR ADJOmumD UgTIBG OF THE OIn- COUNOIL HELD AT Tlm OIn- BALL, hesdny July 18th, 1960. ~ ~ Vioe president E G Winston oalled tho meeting to order 7 :30 P. M. Also pro sent , R II Oastner, Yf H lloQu1stion and 0 R Reid oO\l11OiJmen. .MUng ~or, A Ii Johnson, Atty JIor., En&ineer Zelazo, lire Ohief Sheldon and J B Fullwood. lIr Olay presented II1ss Betty June Oombs, reoreation direotor 1;0 OCNl1Oil. They reported a full day, w.lth the oh11dren in good attendanoe. lIr Barpor and lIr Nagel representing the Ohamber ot Oamneroe aaked Oounoil tor a substantial lNIL tor Advertising purposes. Yayor, no roport. Pire Ohiet qgested Oi'ty sell Fire Orash Truck (International) and get one wbioh w.lll ocmply with tho Board ot Pire Underwriters. Engineer report. IIr Zelalo presented ~lans tor a Subdivision JIr Long pr'OPOl8s to start on Bloak "BB. stroot OOIDi tteo and Engineor to consider the matter. Adjourned Speoial meetins oalled tor July 26th, 1960 to work on the budget. lIr Winston oalled an exeoutive moeting. IIoved by IIr Reid that 0 W Bruoks be given 1150.00 per month starting July 16th. Seoonded by Jlr liOQulltiOD, motion *oarrled. )(09'8d by lir OalJ'tner, seoonded by I4r Reid, meeting adjourn. ~ Vioe president ot tho 01 V Oounoil. 'O'l~n""/ 01 ty Olerk. 8>>&0161 .Adjourned Keoting ot the Oity Oounc11, July 26th, 1960. All oounoilmen, III" Oastner, Winston, Johnson, Reid and IIoQuietion present. EDg1noer Zelazo. lIr Winaton opened the meeting 7 :30 P ell. Items ot the proposed budget ....re oon81dereq, but final aaounts set. :~ ~ --., ~ 'WI' A RESOLUTION AUTHORIZING THE ISSUANCE OF $335 000 REFUNDING BONDS OF THE CITY OF CLERhONT, FLORIDA.J..._FOR THE PURPOSE OF REFUNDING A LIKE AMOlffl T OF VALID OUT- STAlIDING BONDS OF SAID CITY AND PROVIDING FOR THE MANNER OF ISSUANCE AND PAYMENT THEREOF. BE IT RESOLVED BY THE C:tTY COUNCIL OF THE Cln OF CLERMONT, FLORIDA: 1. That the C1 ty Council has ascertained and determined: A. That there have heretofore been duly issued bonds of , . ~ ~ said City in the amo':IDt ot $4~6,750, dated July~l, 1939 and known as "City of Clermont, ~10rida, Re.tunding Bonds", being part ot an au"" thorized issue of 8442,150, whic~ bonds were 'V'alida~ed by a decree of the Circu1 t Court of ,L,ake County" rendered April 18, 191+0, which decree was affirmed by the Supreme Court ot Florida, and that 1342,500 ot said bonds are now outstanding, consisting ot' ~ bonds, numbered 855 to 860 and 864 to 907 being in the denomination of $250, and 660 bonds bearing the following numbers in the denomination of .500 each,(num- bers inclusive) I 1 to 5; 9; 19 and 20; 27 to 44; 46 to 51; 53 ,to 56; 63 to 88; 91 to 121; 131 to 134; 143 to 145; 1;6 to 189; 204 to 207; 212 to 276; 278 to 305; 308 to 329; 342 to 359; 362 to 399; 401, to 426; 429 to 432; 434 to 443; lt49 to 451;,4;1.; 473 to 478; 483 to 501; 511 to 513; ;15 to 531; 5'34 to ;37; 548; ;;0 and ;51; 5;3 to ;91; ;96 to 6;0; 6;2 to 68;; 69; to 698; 702 to 769; 777 to 785; 791 to 797; 799; 801 and 802; 804 to 812; 814 to 819; 824; 826; 83; to. 8;2; 854. B. That allot said outstanding bonds mature on JUly,l, 1969, but are redeemable at the City'S option on any interest paylnent ,date prior to maturity at par plus accrued interest, and that the rate ot interest, payable semi-annually. on said bonds is now three per cent (3"> per ~um, and will increase to three and one-half per cent <3~) on July 1, 1951, to tour per ceI.1t (4~) on July 1, 19;;, to four and one-half per cent <ltt-,1 on July 1, 1959 and to five per cent (5_> on July 1, 1964. C. That all of the outstanding bonds above described constitute valid subsisting obligations of the City of Clermont and represen t an extension and renewal of bonded indebtedness incurred ~ ~ ~ ~ prior to November 6" 1934, for the payment of which the faith and credi t of ,the Oi ty and an ad valorem t'BX without limitation of rate or amount are pledged. D. That the Ci ty will be able to retire $7,5'00 of said bonds with available runds and that,. t will be to the advantage of the Oi ty and its taxpayers to refund "the remainder thereof, amount to $335',000, by the issuance of refunding bonds bearing a lower rate of interes~ than the outstanding bonds. 2. That tor the purpose 01' refunding as of, July 1, 195'0, the bonded indebtedness described 1n Paragraph 1 hereof, there be is- sued pursuant to the General Refunding Act of 1931,: being Chapter 132, Florida Statutes, 1941, bonds of the City ot Clermont in the amount of 1335',000, to be designated "t:ity of Clermont, Florida, Refunding Bonds, Issue of 1950." Said retunding bonds shall be dated July 1, 195'0, numbered 1 to 335', inclusive, shall be in the denomination of $1,000 e~ch, shall bear. interest at three per cent (3~) per annum, payable January 1 and July 1, and, subject to the r~ght of prior ,redemption with respect to the ,bonds numbered 266 tc) 335'. i~c1usi ve, maturing on and after July 1, 1967, as hereinafter provided. shall ~ature in numerical order on July 1 in the years and amounts as fol10WSJ $15',000 in 195'2 to 1954, inclusive; 116,000 in 195'5' and 195'6; $17,000 in 195'7 and 195'8; $18,000 in 195'9 and 1960; 119,000 in 1961-and 1962; $20,000 in 1963 to 1968, , inclusive; and $30,000 in 1969. The bonds maturing in the years 1967 and 1968, being bonds numbered 266 to 305', inclusive, shall be redeemable prior to their stated dates of maturity, at the option of the City, as a whol:-e or in part but in inverse numberical order if less than all. on July 1, 1960 or on any interest payment date thereafter at par" plus accrued in- terest to the date of redemption, plus a premium of 2~ of the par . value thereof if redeemed in any ot the years 1960 to 1965'. inclusive, or a premium of 1~ if redeemed in any of the years 1966 to 1968 prior to maturl ty. The bonds maturing in the year 1969, being bonds numbered -2- ~ -.., ~ ,., 306 to 335,inclusive, shall be redeemable pior to their stated date ot maturity, at theopt10n ot the City, as ~ whole or in part but in inverse numerical order it less than all", on July 1, 19;5' or on any interest payment date thereafter at par),' plus accrued interest to the date ot redemption, plus a premium ,ot 2~ ot tJ:.1e par value thereof if redeemed in any ot 'the years 195'5'.to 1965', i~clusive" or l~ it redeemed. in any of the years 1966 to 1969, Inclusi'Ve, prior to ma turi t)". 3. Said refunding bonds shall be signed by the Rayor and attested by the City Clerk, and shall have the seal of the City aftixed thereto. All interest coupons attached to said bonds shall bear the fac simile signatures ot said officers. 4. Said refunding bonds shall be in substantially the following forma -3- ~ -,., UNITED STATES OF AMERICA STATE OF FLORIDA COUNTY OF LAKE CIn OF CLERMONT REFUNDDG BOND, ISSUE OF 19~ No~ '1,000 The City ot Clermont, Lake County,- Florida, is justly indebted and tor value r~cei ved, hereby prom1stls to pay to ':: bearer, on the ,tirs~, day of July" 19 ,the principal sum ot One Thousand Dollars ($1,000), together with interest thereon trom the date here~ ot until this bond is paid at the rate ot three per cent (3~) per . annum, said interest ~eing payable semi-annually on January 1 and July 1 in each year. Both principal hereot and in teres t hereon are payable in lawful money ot the United States of America at Irving Trust company, New, York Cit~, New York, or at Citizens Bank ot Clermont, Clermont" Florida" at the option ot the holder, upon pre-, sentation and surrender ot this bond and the interest coupons hereto annexed as they severally mature. This Bond is issued under the authority ot and in tuJ.l com- pliance with the constitution and statutes C?t the State of Florida; including the General Refunding Act of 1931, ~e1ng Chapter 1;,772; General Laws of Florida ot 1931, (Chapter 132, Florida Statutes, 1941) and the Charter of the City of Clermont, Florida, and pur- suant to a resolution passed by the City Council of said City for the purpose of ~etunding valid subsisting bonded indebtedness of said City incurred prior to Bo~ember 6, 1934. (The following paragraph is to be inserted in the bonds maturing in the years 1967 and 1968. numbered 266 to 30;, Inc1usi ve. ) The City of Clermont reserves the right to redeem this bond ~ on July 1, 1960, or on any interest payment date thereafter, prior to ~ maturity at par, plus accrued interest to the date of redemption, plus a premium of 2_ of the par value thereof if redeemed in any of the years 1960 to 196;, inclu~ive, or a ~remium of 1~ it redeemed in any of the years 1966 to 1968, inclusive, prior to maturity. In the " -4- event th~t thi~ bond Is called tor redemptlon~ notice thereof shall be published at leas~ onc~ ~ot less than thirty days before the date fixed for redemption in a newspaper published in Lake County, Florida, and in a financial newspaper published in the City of New York. If this bond shall not be presented for payment on the date so fixed for redemption it shall cease to bear interest from and after said date. (The foregoing paragraph is'to be inserted also in the bonds ma tuJ;-1ng in 1969, numbered 306 to 33" tin"" elusive, except that in the two places where the year 1960 is mentioned the year 19" shall be stated.) It i~ hereby certified and reciteti~~at all acts, eon- d1 tloJls and things required to happen, exist and be performed precedent to and in the issuance of, this bond,' have happened, exist and have been performed in due time, form and manner, as required by the' Constitution and Laws of the State ot Florida and the Charter of the Ci ~y ot Clermont~ Florida; that the total indebtedness of said City, ineluding this bond and the issue of which 1 t forms a part, does notexeeed and that the total indebtedness of said City-: at the creation ot the indebtedness hereby refunded, inclUding sai4. indebtedness, did ~ot then exeeed any Constitutional or statuto%'y limi tation the%'eon, and for tJ:1e prompt and full payment ot this bond and the interest thereon, the tull fa! th and credit of said City are hereby pledged. The City ot Clermont, Florida, covenants' with the holder ot this bond that for the payment of the principal and interest hereof it will levy taxes in an amount Sufficient to provide there- for upon all property wi thin the terri tori'al l1mi ts ot said Oi ty, excepting that property which was exempt from munieipaltaxation by the Constitution of Florida as it wa's in force and effect immediately prior to 'November 6, 1934. The Oi ty further eovenants tha t all taxes levied for the payment of the Jrincipal and in teres t ~ on this bond, including taxes upon homesteads, will be collected in ~ cash at the same time and in the same manner as 01S ra ting and gov- ermental ad valorem taxes levied by said City, and the righ~s and remedies for the enforcement ot the indebtedness hereby refunded shall appertain to this bond and the taxes securing the same ~ ,., -~- ~ .., ~ ..., independen tly ot any res trictions or 11m1 t$ tions thereon enacted by the Leg1s1a ture of the S ta te of Florida. IN WITNESS ~REOF, said City of Clermont, Lake County, Florida t has caused this bond to be signed by its Mayor and at- tested by i~s City Clerk, under its corporate seal, and the inter- est coupons hereto attached to be executed with the facsimile signa tures of said Mayor and Ci ty Clerk,' all as of the 1st day of July, 195'0. . ' Hayor .. '. :.' . ATDS!r. h"~~ ' :'. '--arty C 'erk . (VALIDATION CERTIFICATE) Validated and contirmed by decree ot the Circuit Court of the Pifth Judicial Circuit of the State ,of Florida, in and for' :Lake county, rendered . ,,_, 19.5S. ...) , ~ Clerk' of said Circuit Court. (FORM OF COUPOlf) . No. . ., - On the first day ot . t 19_* the C1 ty of Clermont, Florida, will pay to the bearer the sum ot '15'.00, lawtul money ot the United States ot America, at Irving 'TrUst Company, New York City, Mew York, or at Citizens Bank ot Clermont, Clermont, Florida, at bearer's option. being ~ix months' 1n~erest then due on its Re- funding Bond Issue at 195'0, dated July 1; 195'0, 10. . Mayor ~J~ ' 'cty~ -6- ~ ~ !). That for the payment of the principal of aild interest on all of the refunding bonds which may be issued pursuant to this resolution the faith, credit and taxing power of theei ty of Clermont, Florida,- are hereby irrevocably pledged to the same exteq~ and with like force and effect as the same were pledged for the payment Qf the indebtedness refunded by said bonds, and the City Council of said City, hereby covenants and agrees with the holders of said re- funding bonds that the City will make prompt payment of the same when due. ~ ~ 6. T.hat tor the purpose of adequately providing for 'the payment ot the in teres t on and principal of the refunding bonds here- in authorized to be issued, the City agrees that there shall be levied , annually a tax sufficient to pay the interest on said bonds as it falls due semi-annually and the principal thereof at maturity, which tax shall not be less than S2!),OOO JIDtlually so long as any of said refunding bonds are outstanding, or until sufficient .tunds .have been prOVided and set aside for the payment of the principal and in teres t thereof. The Ci ty further agrees with the holders of tl)e refunding bonds issued under the authority of this resolution that it will levy taxes at such times and at such rates as to assure the collection of the amount necessary to produce the tunds herein provided for the payment of the principal ot and interest on said bonds, and that the determination of such amount shall be based upon the experience of collectibility of ad valorem taxes for the three preceding years. The City further agrees that it will diligently enforce collection of all delinquent taxes and that it will not accept pay- ment of any tax or part thereof levied against any parcel or property tor operating or governing the City, unless all ad valorem taxes levied against the same parcel of property for the payment of the principal and interest of the refunding bonds authorized hereby are paid at the same t~me. The City fl,lrther agrees that in order to create and maintain , a reserve tund to insure the prompt payment of the prinqipal and in- terest ot said refunding as they respectively become due there shall .. rr,. . ' be levied an ad valorem tax in aadi tion to the taxes required by this paragraph, ,sut~icient to produce.- not 1ater'than July 1, 19,2, the ~ sum of $10,000, which sum shall be used only 'for the purpose 01' paying ~ the principal of and interest on the refunding bonds herein authorized in the event ot a deficiencY in the other revenues herein provided tor that' purpose. Whenever such fund 01' a part thereot shall be u'sed tor , , the purpose herein authorized sufficient ad valorem taxes shall be , , included in the next' ensuing tax levy to restore to said fund the amoun t so used. Satd reserve fund shall be 'kept as a special fund and used solely for the purpose herein author1zedj'provided, however, that the maneys in said fund may be invested in United States' govern~ l11en t bonds. 7. That allot the refunding bonds here1n authorized to be , , issued which shall at any time be outstanding are hereby declared to have'the same security and source ot payment ~s the indebtedness' re- , ' funded therebY' and said retunding bonds shall constitute a continua- tion, extension, merger and rene\otal 01' the indebtedness refunded, and , ' only such property as 'was exempt trom taxation under the laws 'in torce at the time the original indebtedness was incurred shall be exempt trom I " taxation to pay the interest upon and principal 01' said retunding bonds. The City reserves the right to levy such taXes as may lawfUlly be im- posed tor the payment ot such refunding borids upon all property wi thin the boundarie, of'the City as they existed at the time ot the incurring , o~ the indebtedness refunded, which is riot within the existing terri- torial limits of the City. All rights and remedies which were available tor the support and enforcement ot the bonded indebtedness refunded by the bonds authorized by this resolution shall be a'vai1ab1e for the support and enforcement ot said refunding bonds. ,~ ~ , 8. That the City Attorney be anti he' hereby is authorized , and directed to institute appropriate pr~ceedings in the Circuit Court ot the rirth Judicial Cireui t of Florida, in and fo:r Lake County, for the validation of' sai4 refunding bonds and the Mayor is hereby author- iz ed to verity any pleading in such proceedings. 9. The t it any error ha.s been made in the numbers or de- nominations of' the outstanding refunding bonds as set forth in Para- graph 1. A of this resolution, such error shall be immaterial, pro- vided the bon4s refunded by the~funding bonds herein authorized T ~ .' ~ 'W' ~ ,., are p~t of the is~ue, of bonds described in said paragraph an~ the amount of the refunding bonds issued unde~,:the authority of :tbis resolu~ion does not exceed the emount ot, o~tstand~ng bonds rece~ved in e~change therefor" or retired,with th~ pfoceeds thereot., 10. Tha tatter said retvncUng bonds have been validated they sh$ll be executed as hereinbefore provided and shall be depo~ited wi th the Irving Trust Company of New York, C~ ty or such other bank or trust company as Dl$Y hereafter be des~gnated by the City Council, wi th instructions to exchange them for the bonds and evidence 01: interest accruals ther~on described 1n pa~agra~h 1 hereof and authorized to be ref'mded, on the basis ot par tor par. and to cancel all out- standing bonds and coupons received in exchange for the refunding bonds and return them to the City Clerk with a r~port indicating the par- t1c~ar retunding bonds, delivered in e~c~ge th~retQr, provided, howe~er, that any of ,~aid ref'mding bonds which are not exchanged tor outs tanding bonds may be sold in the ~er provided, by law and the , , . prQc;eeds used tor the redemption and payment of said outstanding bonds. ll. That it any clause, section or provision ot this ~esolu- tion or ot the refunding bonds hereby authorized shall be judicially declared to be unenforcible by any court of tinal jurisdiction, such declaration shall not affect or invalidate the remainder thereot and if any of the refunding bonds ~ereby authorized be adjudged illegal or unentorcible the holders thereof shall be entitled to be subrogated to the rights ot the holders of the bonds provided by this resolution to be refunded, and as such enforce their claims tor payment. 12. This resolution shall take effect immediately upon its adc;>>ption. . . ,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I HEREBY CERTIFY that the foregoing Resolution was passed by the City Council of the City of Clermont at its adjourned Regular Meeting of JUly ~ 1950, held in the City Hall in the City of Clermont, Florida. DA~ED this July 6, 1950. ' . ?n :J~~ City Clerk, Clermont,F1orida .~ .~. . ~ ". ~'''''. ..... .. " '\ Bills 'to be a:pp:rove9-. July, 5, 1950 meeting of, Ci'ty Cou-9-ci,l ." ~~ p,. ,JB FUllwood. Joe, Austin ,G VI cadwe II ': J .A Adams John, JJi,.,i1g~e R 11 Uo:rris r~IackHe'nry liilliaIlls R B stanley - Stephen L Ze1azo M H Barnes R F And~rsori Lee L LeViner J B Fullwood Joe .dustin G VI Cadwell 'J A Adama ' R B Sianley John Dingle R M Morris Hack Henry Williams John Cunningham Hunnicutt & Associates Geo Dykes' J B :FUllwood Joe Austin G VI Cadwell J A Adams R B staniey John Dingle R M'1!orris ~,,~ack Henr'y ';'li11iams Mack Henry 'Hilliamf:1 J B Fullwood Joe Aust'in G W Cadwell' J ,A ,Adams R B Stanley John Dingle, R 11: Mor ris .Abraham iogan J D Aker . John, Cunningham Stephen 1.. Zwlazo III H Barnes R F Anders on :Lee L LeViner C VI Brooks. F S Bliven Wm H Mctci,uistion A Sheldon I F fu."Crse Retha Amerson South Lake Memorial Jean Combs AChoro..' s Garage Bishop rffice Sup Brantley Elec . Cash Clermont Fire Dept Clermont Hdwe " Clermont Press W S Darley &: Co F1a Pov/er Corp Fla Te 1, Corp Finley's, M~n Sup Hill Top Book.Noon Hughes Sup Inc. Bob Johnson.Uniform Judy's Serv Station ,~ ,8156 7 ' 8' 9 6i60 1 i6 3 ,. .5 6 7 8 ,9 8170 1 ,2 3, 4, '5 6 . 7 8 ',9 8180 ,1 2 ,3 4, 5 6 7 8198 9 , 8200 1 2 3 4 5 6 7 8188 9 8190 1 2 .3 4 '5 6 ,7 8208 9 8210 1 2 3 4, 5 6 7 8 9 8220 1 2 3' 4 , 42 .00 . 39 ;70 32.'55 ..38 .25 33.75 33 .75 33.75 3'2 ~b5 11B.60 8'9 .10 93.75 82~80 , 42.00 39.70 '32.55 , , 38.25 32.55 '33.75 33 .75 ' 33.75 48.00 1000.00 " 1.80 42.00 39.70 32.55 38.25 . 32.,55 33~75 33 .75 , " :,33.75' '33 .7 6 . 42.00 39.,70 32 .55 38.25 . 32.,55 33.75 33 .75 '24.(;0 6.09 30.00 , 118 .60 ' 89110 93.75 '93.50 ' 39.28 25.00 25.00 ,25.~0 ,50.00 10.00 500~OO 62.50 .78 3.43 ~.67 19.23 . 34.00 17.75. . 53.-21 2~59. 533.21 29'.37 39.45 4.10 247.19 4.25 ' 7.19 . ~ .'"__'a .___-~=_;__ _.__....._.