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HomeMy WebLinkAbout6/15/1937f] i MSAM JUNK 15th.., 1937 The Board of County Commissioners in and for Indian giver County, Florida, met at the Court House in Vero Beach, in regular adjourned session, at 10:00 o'clock A, M. Tues- day, June 15th. 1937, with the following members present; A, E, Mudge, Chairman; E,P, Poole; Edwin A. Helseth; Frank C, Vickers and S, E. Glover. Also present were arm. Frick, Sheriff, fherman a. Smith Jr,,, Attorney,. and Douglas Baker, Clerk, It was announced by the Chairman that the time had arrived, namely 10;00 o'clock A..M,, for the opening of sealed bids in the office of the Clerk of the Circuit Court of Indian River County, up to 10:00 o'clock A,M., June 15th4' 1937 for one tractor with mowing machine attachment complete for Indian River County in accordance with specifications as invited by public notice published in the Vero Beach Press -Journal, a newspaper of general circulation published at Vero beach, Indian River County, Florida, and sworn proof of publication of said public notice being herewith filed and reading as follows, to -wit: ?-- - � L E AEFidav'It of Publication SUN 51937 COUNTY OF INDIAN RIVER STATE OF FLORIDA Personally before me, the undersigned, an officer '' authorized under the laws of said State to administer oaths, came J. J. Schumann, business manager of the Vero Beach Press -Journal, a newspaper published in Vero NOTICE OF RECRxVING BIDS Beach, Indian River County, Florida, who, being first duly sworn, says that the Vero Beach Press -Journal is a (' Notice i8 hereby given that the soave I of County Commissioners of Indian River newspaper which has been continuously published at least County, Florida will receive bids in the once a week, and which has been entered as second class office of the Clerk of the Circuit Court in mail matter, in Vero Beach, Indian River County, Flori the Court House at Vero Beach, Florida da, for a period of more than one yearnext preceding the until the hour of 10:oo o'clock A. M. first insertion of this publication; that the advertisement June ls, 1957 and immediately thereafter a copy of which is hereto :attached, was published in the will publicly open said bids for the pur- Vero Beach Press -Journal chase by Indian River County of one tractor with mowing machine attachment complete and fitted with rubber tires and for... .:.......... consecutive weeks, as follows, mowing machine to have five, six or seven to -wit: ifoot blades. Prices to be on both cash and term basis. Said. Board reserves the to r . bight elect any and all bids BOARD COUNTY COX SSIONERS OF v . I INDIAN RIVE COUNTY .. FLORIDA. By R. E. Mudge, Chairman Attest: Douglas Baker, Clerk .. ......................q. ... May Z& zt � I a d June A - I A- g''.. Business Manager. Sworn to and subscribed before me, this....... . day of.. °x ...............1931.,.. I . A.r"uit Court, Indian River County, Florida I ' Thereupon the following"bids were then publicly opened and read aloud, to wit: Shaffer & MacDonald Hardward Co., ( John Deere) 10150.00 Luther and Knight, (Silver Ping) 190501,00 Luther and Knight. (Oliver ) 19372,50 J. B Brower, Inc„ . (McCormick -Deering) ls,127 # 70 After watching the several machines in action and aft�or;. areful consideration on motion made._ by .S, ,R, Glover seconded by Frank C, Vickers and c6tkiaa thq� Board accepted the bid submitted by J, B, Brewer, Inc., for the McCormack -veering maclAine at -a price of 019127!70 with the priviledge of paying 0227.70 cash and the balPmce,�,.A six and twelve months with no interest and with the understanding that the machine be full 'insured. Un Motion made by S, E. Glover seconded by Edwin Al Fialseth and carried it was ordered that the road be graded from road No. 30 to. Casen*s plac® ar�cl also tca grade the road 120 west of ftbasso to theproperty of D.C* and W.F. Cox. Mr. R. D. Carter appeared before the Board with referrenee to ctaning out ditch running west of Wabasso and Mr. Baird, pepresenting the Drainage District, appeared before the Board regarding several culverts that had been placed too high for good drainage and requested that the Board take steps to remedy the ,trouble. The Board advised both of these gentlemen that on July 6th. next, a definite date would be set for Road and Bridge inspection and at that time would decide just what action could and woRl.d be takenq Ar. R. A, Gassman, representing Electrolux Cleaners, appeared before the Board gave a demonstration but no action was taken. Rotary Public Bond for Bertha A. Baffield, in the amount of $500.00 with American Surety Company as surities was approved„ A letter was read to the Board from Mrs. C. S. Rice requesting that a "QUIET be designated for the EWPITAL by placing signs on each sde of the hospital on the highway, It was reported by the Sheriff that such signs had recently been placed. On motion made by S. E. Glover seconded by Frank C, Vickers and carried ia. A. MoEachron, Fellsmere, Fla,, was appointed agricultural and manufactures enumerator for Indian River Co. It was moved by Edwin A. helseth seconded by Frank C. Vickers and carried that Cl A, Mitchell, Attorney for the Board, and .Douglas Baker, Clerk be authorized to make s0ttlement for Court House Furniture and Fixtures by using Court house Londs available for thatpurpose. Zdwin A. Helseth reported that he had investigated the penninsular road to wi a mile of the south County line and that in his opinion it would cost approximately 0300.00 to brush out said road 10 feet wide from aiomar to the south iiounty line. It was moved by Edwin A. Helseth seconded by S.E., Glover and carried that this work be done just as soon as possible. Officials of Public Works Administration made an inspection of the Court House. The party included F. A. Buck, state engineer and inspector; W,G, Young, assistant state e and inspector; F. H. Wiegmyer, project engineer representing James E, Cotton, acting State dir- ector for the administration- and Charles K, Kornay, resident engineer and inspector, it was moved by S. E. Glover seconded by Frank C# Vickers and carried and J. Pi. Baker was instructed to rebuild the jury box in the Court Room so that it would accomodate the jury box chairs. On motion made by Edwin A. Helseth seconded by S. E. Glover and carried the Bo decided to advertise for bids on venetian blinds for the Courty House. Charles A. Mitchell, attorney for the Board was instructed to prepare the notice, "I\ RTS 0LUTI0X V Commissioner Vickers introduced the following resolution and moved its adoption, -to-wit: Whereas, at this time tbare is held by the State Board of Administration and by . V. Knott, State Treasurer as County Treasurer ex -officio and Treasurer of the State Board of Administration, certain bonds and coupons heretofore issued by Special Road and Bridge District No. 4 in Indian River County, Florida, and which bonds and coupons are obligations of said Special. Road and Bridge District No. 4 in Indian River County, Florida and which bonds and coupons have been heretofore purchased by the Board of County Commissioners of -Indian River County, Florida through and by the State Board of Administraction and under to provisions of the "Kanner Act"; and, Whereas, said bonds and coupons so. hold and which have been heretofore purchased under the provisions of said "Kanner A064 are subject to cancellation, therefore, :s* I" 1 X21 Be It Resolved by the Board of County Commissioners of Indian River County, Florida that the said Board of Administration and V., V. Knott, Stat6 'Treasurer as County Treasurer ex -officio and as Treasurer of the State Board of Administration, be, and they are, herewith authorized and requested to cancel all bonds and coupons together with subsequent coupons attached to said bonds now held by said State Board of Administration and by said Treasurer and which bonds and coupons are obligations of Special Road and Bridge Ai stri ct No, 4, in Indian River County, Florida and which have heretofore been purchased under and by virtue of the provisions of the so-called "Kanner Act"; Be It Further Resolved that upon said bonds and coupons being so cancelled that a certificate to such effect describing the bonds and coupons so cancelled be furnished to the Board of County Commissioners of Indian River County, Florida. The motion for the adoption of the resolution being duly seconded it was declared adopted by the following vote: Ayes: Mudge, Poole, Helseth, Glover and Vickers, Nays: Bone. to -wit; I H S 0 L U T I 0 N Commissioner Vickers introduced the following resolution and moved its adoption, Whereas, at this time there is held by the State Boadd of Administration and by W. V. Knott, State Treasurer as County Treasurer, ex -officio and `treasurer of the State Board of Administration, certainbondsand coupons heretofore issued by Special Road and Bridge District No. 4, in Indian River county, Florida# and ihich bonds and coupons have been heretofore purchased by the Board of County Commissioners of Indian River County# Florida acting on behalf of Special :goad and ]fridge District No 4, and which bonds and coupons have heretofore been delivered to said State Board of Administration and said State Treasurer by said Board of County Commissioners of Indian River County, Florida through its then Clerk, the Honorable Miles Warren, and which bonds and coupons attached thereto or which have been detached therefrom were issued under date of July 1, 1925 as part of an original issue of 0490,000.00 in principal sum and which bonds and coupons so deliv®red by said Board of County Commissioners to said State Board of Administration and said State Treasurer are specifically itemized as follows: Aggregate Amount Nos, matw'citz Date Aggre ate Principal Sum 28 and 29 1932 02000.00 43 to 48 inclusive 1934 6000.00 52 and 5� 1935 2000„00 689 69 and 70 1936 3000.00 89 to 93, both inclusive 1938 5000.00 103, 1040 1109 lie$ 113, 1-1-37 450.00 1149 1159 116, and 129 1939 9000,00 183 to 187 both inclusive 1943 5000.00 219' and 2'20 ` 1945 2000000 226, 2400 241# 2429 2430 and 244 1946 6000,00 3270 3289 329 1950 3000,00 380 to 384, both inclusive 1952 5000„00 453 1954 1000,00 466 and 470 1955 2000.00 Total aggregate principal sum of bonhS 10001040 .and which coupons so delivered to said State Board of Administration and said State Treas- ure urer are particularly described as follows, to -wit: Nos. Aggregate Amount it 1-1-34 02970,00 82 7,11-34 2460.00 75 1-1-35 9250.00 78 7-1-35 2340.00 52 1-1-36 1560000 11 7-1-36 330.00 15 1-1-37 450.00 Aggregate Sun, of Coupons 128M 0, 122 and, Whereas, said bonds and coupons vbo�e described and which have been heretofore purchased by said Board of County Commissioners are subject to cancellation and have in fact been paid; therefore, Be It Resolved that the Board of County Commissioners of Indian River County, Florida, acting for and on behalf of Special. Road and Bridge District No, 4 in said County does hereby instruct and request the State hoard of Administration and State Treasurer of the State of Florida as the present custodian of said bonds and coupons to proceed to cancel each and all of said bonds and coupons heretofore described including all. subsequent coupons atte to said bonds hereinbefore described and that upon said bonds and coupons heretofore des- cribed and said subsequent coupons attached to said bonds being cancelled as herein provided, the said State Board of Administration or the said State `Measurer of the State of Florida shall furnish to the Board of County Commissioners of Indian River County, zlorida, a certificate of the fact of such cancellationo he motion for the adoption of the resoltuion being duly seconded it wqs declared adopted by the following vote: Ayes: Mudge, Poole, Helseth, Glover and Vickers, Nays: Hone* RESOLUTION The following resolution was introduced by Mr. Vickers, who moved its adoption, which motion was seconded by Mr. Glover* and upon roll call the vote was as follows: Ayes: Mudge, Vickers# Helseth, Poole, Mover Nays: None Absent :None Not Voting: None ** 000 ** BE IT RESOLVED by the Board of County Commissioners for the County of Indian River, State of Florida, in session duly assembled: Section 1. That the Chairman of this Board be, and he is hereby, instructed directed to execute the original and duplicate of the agreement set forth in Section S here- of; and the Clerk of this Board be, 'and he is hereby, instructed and directed to attest the signature of said Chairman on each of said instruments and affix the official seal of this Board thereto* Section„ 2. That the agreement shall be as follows: AGREEMENT THIS ® T, made and entered into this 15th day of June, A* D. 19579 by and between R+► CRtMM & COMPANY, a Corporation, thereinafter referred to as "First Party') and INDIAN RIVER COUNTY,'FLORIDA, SPECIAL ROAD AND BRIDGE DISTRICT N04, 4, thereinafter some- times referred to a �Seeond Party' and sometimes referred to as "District") acting by and through the Board of- Clot nty-Commipsioners for the County of Indian River, State of Florida, thereinafter referred to as "Boarder): WITNESSETH: WHEREAS, First Party represents the holders of a very substantial portion of the outstanding bonds of the said District; and WSEREAS'Second Party deems it advisable to readjust and refund said bonded indebtedness; NOW, THEREFORE, in consideration of the hum of One Dollar ($1000) paid by each S' d 1 1 1 1 M3 of the partied hereto to each of the other, receipt of which is hereby mutually acknowledged, and in further consideration of the mutual benefits flowing to the parties hereto, it is here- by mptualiy agreed as follows: I. (A). That the entire outstanding principal of the funded indebtedness of the said District shall be refunded in accordance with the terms and conditions hereinafter set forth, which said indebtedness is generally and approximately described as follows: Date of Interest Original Amount Amount I.� Rate of Issue Outstanding 7-1-1925 6% $490,000.00 $4250000.00 (B) That accrued interest to the date of the refunding bonds of said Distri shall be adjusted as follows: Evidences of all accrued interest to the said date of said re- funding bonds as hereinafter specified shall be exchanged for refunding bonds on the basis of par amount of refunding bonds --for an equal par amount of evidences of accrued interest as said First Party is able to assemble said evidences for that purpose, said refunding bonds to be exchanged for said evidences of accrued interest to be of identical tenor as those herein au- thorized to be exchanged for the principal indebtedness of said District, said refunding bonds being delivered in exchange to the nearest $1,000 of such accrued interest, with cash payment of any differential calculated as if said differential were at the rate of 4% per annum. o II. (A) That there shall be issued by proper action of the Second Party refund - Ing bonds of said District in an amount sufficient to refund,the interest and principal items hereinabbve identified. (B) That said bonds shall be executed as required by law and be placed on deposit with the First National Bank of Quicago, Illinois, in escrow, under instructions from Second Party that the refunding bonds shall be delivered to the holders of the securities de- scribed in Section I. (A) hereof, and in exchange therefor, on the basis of par for par, both principal and accrued interest to the date of the refunding bounds* t a III. That all of said refunding bonds shall be dated January I, 1937, and matur on January 1, 1967, IV. That all of said refunding bonds shall bear annual interest, payable semi- annually at the following rates: 0 per annum for the first nine years; 5f per annum for the next succeeding eight years; 6% per annum thereafter until paid. Provided that in case of default in the payment of interest on said refunding bonds or in case of failure or refusal of the governing authority of said District to cause to be levied the taxes provided to be levied for the interest and sinking fund of said refunding bonds, the District shall be accorded a period of six months from the date of any such default$ defaults, or failure to correct such default, defaults, or failure, and upon the inability or refusal to make such correction and upon the declaration by the holders of at least 25% of the principal bonds then outstanding all of said refunding bonds shall, at the option of the respective hold era, revert to the original interest rate of 6% per annum, beginning with the date to which interest had been paid prior to the happening of such default, defaults, or failure, and prc < e vision shall be made for the substitution of the bonds bearing the increased rate of interest for the bonds proposed to be issued hereunder. V* (A) That all of said Refunding Bonds shall be callable upon any interest pay ment date at par plus accrued interest. (B) That the option to call the bonds prior to maturity, if used, shall be e exercised in the following manner: (1) the bonds shall be drawn by lot by the governing auth ity of said District, the lots consisting of all outstanding bonds of the refunding issue: (2) r124 124 notice of said redemption, specifying the bonds called, shall be filed at the place whereat the principal and interest of said refunding bonds is payable at least thirty (30) days prior to the redemption date and notice of intention to redeem said bonds shall be published once, not more than sixty (60) nor less than thirty (30) days prior to the redemption date, in at least two puhlioations, one of which shall be a newspaper having general circulation in said District and the other shall be a financial journal pub3ished in the City of New York, New York. VI, That for the purpose of adequately providing for the payment of the interest on the refunding bonds, and for the creation of a sinking fund for the retirement of all of said refunding bonds, the prooesdings'authorizing the issuance thereof shall: (1) conform to the tax provision requirements of Chapter 15,7729 of the Laws of Florida, acts of 1931, and such other law or laws as shall be required by the approving bond attorneys provided for herein insofar as the saw may relate to the ace sllshment of this agreement; (2) contain legally effective obligations and covenants on the part of the Second Party, for and on behalf of said District, to and in favor of the holders of the respective refunding bonds, that, (a) in the annual budget and ad valorem tax levy to be prepared and made in the year 1937, and continuing each year thereafter until all of the refunding bonds have been retired, the annual interest and sinking fund ourrect ad valorem tax levy shall be in an amount which will aggregate the sum Of $361000.00, including and deducting therefrom any revenues other than from ad valorem taxes which may be available and applicable, such tax to be levied and computed upon the extended and finally equalized valuation of taxable property in the respective taxing units, and upon the assumption that ninety-five per cent. (95fo) of the taxes levied and assessed for the purpose will be collected; (b) the annual levies shall be increased when necessary to provide for the actual interest maturities of the year next succeeding that in which the budget is being made and prepared. VII. That if at any time there is in the interest and sinking fund a000unt $5,000.00 or more, over and'abo*e current interest requirements, after making reasonable allow- anee for antioi�ated receipts, said funds shall be used by the governing authority of Second Party for the purpose of purchasing refunding bonds. Said purchases shall'be made in the fol- lowing manner:` (a) the governing authority of said District shall designate'a date, which sha be not less than fifteen (15) nor more than forty (40) days from the time such date is designat ed, at which time the governing authority will receive and consider in open session sealed offerings of bonds of the refunding issue herein authorized; (b) the governing authority of said District shall give written notice of this date to the First Party, and any bondholders so re- questing in writing; (o) notice of the time and place of receiving said offerings shall be published once, not less than ten (10) days before the designated time, in at least two publi- cations one of which shall be a newspaper having general circulation in said District, and the other shafl be a financial journal published in the City of New York, New York; (d) all avail- able funds, as hereinabove determined, except such sums as will be neoessary to pay the cont of this refunding program, as hereinafter set forth, shall be used to purchase bonds offered at the lowest prices; PROVIDED, however, that if the governing authority of said District shall be dissatisfied with any or all offers received, then it shall have the option to reject any or all such -offers, and,`within thirty (30) days of such rejection, shall readvertise for addition al sealed offerings, and the governing authority shall purchase the bonds offered at the lower prices upon readvertisemeut, and PROVIDED that after each advertised purchase, the governing authority may privately purchase additional bonds with subsequent surplus accumulations as long as privatepurchasesmay be made on such basis as to assure a higher income yield than the high- est yield calculated on bonds purchased pursuant to advertisement; PROVIDED, further, that the governing authority of said District, at its own discretion, make purchases in accordance with before the surplus reaches the identified.amount. 7 1 1 125 �z� VIII. That Second Party will take all actions deemed to be necessary in carrying out the refunding program herein authorized to the end that the bonds to be issued will be gen- eral obligations of the said District, and contain a pledge of .the full faith and credit of said District for the prompt payment of the principal and interest on said refunding bonds, according to their tenor, and pledge to the refunding bonds the identical tax base which was pledged to the original bonds sought to be refunded. U# (1) That First Party shall defray all expenses incident to: (1) assembling the bonds proposed to be refunded; (2) Printing the refunding bonds, (3) representing Second Party in legal proceedings to validate -said refunding bonds; (4) obtaining the approving opin- ion of nationally recognized bond consel upon the issuance and validation of -the refunding 'bonds, saidcounsel to be selected by First Party, (5) all other expenses in connection herewith which may by approved by First Party. (B) That within one week from the date hereof Second Party she" designate and retain counsel to represent it until the purposes of this contract have been fulfilled, and First Party shall indemnify Second Party for its cost in this connection, the total cost thereof to be in an amount to be agreed upon between the parties hereto. Z, That Second Party will reimburse First Party for expenses incurred and service rendered in connection herewith in the following manner: (A) That said First Party, or its assignee, shall be paid one (1f) per cent. on the,par value of all of the outstanding bonds exchanged for refunding bonds hereunder during the period beginning with the date hereof, and ending three years after date hereof, the above pay- ment being made by said Second Party. Any additional compensation shall be collected by First ' Party from partiipipating bondholders. (B). That as bonds of the original issues are exchanged for refunding bonds, the Secretary of Second Party shall deliver to First Party certificates describing the bonds so ex- changed, and certifying that, subject to the terms hereof, First Party is entitled to be paid a definite sum which shall be recited° in the certificates as one (1%) per cent, of the par of the bonds described therein. (C) That payments on account of the fees herein specified shall be made from any fund in the interest and sinking funds of the said District each sig (6) maths after the interest then due on the refunding bonds has been paid, or at a prior date when, and to the ex- tent that, the funds in hand exceed the amount necessary to pay the next succeeding semi-annual interest maturity on said refunding bands, but the payments on account of said fees shall not exceed one-third of the earned amount before one year from date hereof nor more than two-thirds of the earned amount before two years from date hereof. gI. That for a period of three (3) years from date hereof First Party is granted exclusive authority to act for and on behalf of Second Party in all matters connected with or relating to the exchange of presently outstanding bonds for refunding bonds. M. That at such time as the First Party has the agreement on the part of the holders of 75%. or more, of the bonds described herein and affected hereby to participate in the refunding program.outlined, said First Party may, at any time thereafter, give published notice in one or more financial journals that on and after thirty (30) days from the publication of t notice, further agreements to participate may not be accepted except subject to an exchange charge of not exceeding five (5%) per cent, of the par value of the bonds tendered, plus all accrued Interest on the original bonds, which privilege, if exercised by First Party, will re- lieve Second Party of its obligation to pay First Party one per cent, (1%) on the bonds excl ed pursuant to this optional feature, but not otherwise, it being understood that no charge . a . be imposed upon a security holder until the owners of seventy-five per cent. (75%) of the affected bonds have meed to participate hereunder, and further that the charges collected pursuant hereto shall be retained by said First Party in payment of services and reimbursement for expenses in connection with the exchange of the particular bonds against which the charge may be unposed. XIII. That, if, during the life of this contract, any of the outptanding bonds subject to refunding, or coupons appurtenant thereto pr clipped therefrom, shal3t be presented for payment, or suit shall be instituted thereon or in respect thereto, Second Party agrees that First Party will be notified before any terms of settlement are agreed upon between the Second Party and bondholders making demands for payment XIV. That the parties.hereto will jointly use their best efforts to induce hold- ers of the presently outstanding bonds included within the scope hereof to participate in the refunding program; -=and, until otherwise mutually agreed upon, the plan herein set forth shall constitute the exclusive refunding program for said District. ZV* That First Party will not be entitled to receive any compensation hereunder from Second Party until the consent of tje owmers of seventy-five per cent..(75%), or more# of the bonds included within the scope hereof has been obtained to participate in the refunding program, and no exchanges shall be made until the unqualified approving opinion of general market attorneys has been obtained. IN WITNESS WHIREOF, First Party has executed this instrument In duplicate, and Second Party has caused this instrument to be executed in duplicate.- in its corporate name, under due corporate authority, pursuant to proper resolution, and has caused the sine to be signed by the Chairman of the Burd of County Commissioners for the County of Indian River, State of Florida, and his signature to be attested by.the-Clerk of said Board; with the cor- porate seal of said Board duly affixed, all as of this 15th day of wane, A. D. 1937. R. E. CRS & COMPANY ( CORPORATE SEAL) By .' R . E. ORDMMER FIRST PART% INDIAN RIVER COUNTY, FLORIDA, (CO. COMMISSIONS SEAL) SPECIAL ROAD AND BRIDGE DISTRICT N0. 4 Attest: By R. E. Mudge Carman, Board of County Com- Douglas _Balser _ _ - missioners for the County of Indian River, State of Florida. SECOND PARTY On motion made by E. P. Poole seconded by Edwin A. Helseth and carried this',Board pursuant to the requirements of refunding contract this day authorized between this Board and R. E. Crummer and Company with regard to obligations of Special Road and Bridge --District No, 4, does herewith designate and retain Vocelle and Mitchell as counsel to represent this Board until the purposes of'this contract have been fulfilled with the understanding as provided in said contract that any expenses connected therewith in exeess.of the regalar retainer paid by this Board to the said attorneys shall be borne in full by the first: party to said contract, namely, R. to Crummer and Company. There being no further business on motion made seconded and carried the meeting adjourned to meet Wednesday Tun®.23, 19371 at 9:00 o'clock A. M9 for the purpose of discussing the Budget for the year 1939-1938, M 1 1 1