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HomeMy WebLinkAbout10/1/19401 1 Notary Public Bond for aosephine Martindale in the sum of $500 with Massachusetts. Bonding and Insurance Company of Boston,Massachusetts as Surety was approved. There being no further business on motion made seconded and carried the Board then adjourned. A CHAI K. www r w w w wr w w w w w e w w w w ww w w w w w w w w w w w w w w r w w r w w w w w w ww w w w w w w w w w w w w w w ww wwwww ww ww w- ww ww w ww w w ww w w ww w w w w w TUESDAY, OCTOBER 1. 1940. The Board of County Commissioners of Indian River County met at the Court house in Vero Beach, at 10:00 A. M. Tuesday, October 1,.1940, in Regular meeting with the fbIlowing members of the Board present: C. S.. Michael, Chairman, S. E. Glover, W. C. Graves, dr., Frank C. Vickers and Albert 0. Helseth. Also present were Wm.W. Frick, Sheriff, Chas. A. Mitchell, Attorney for the Board and Douglas Baker, Clerk. It was ordered Samuel Smith be removed from the Pauper's List as he is now receiving Old Age Assistance; that Mrs. Roy Lingenfelter be removed from the Pauper's List as she is now employed in the W.P.A. Sewing room; that Manuel Bain, Colored, be removed from the Pauper's List because he is now deceased, also that William Daniel for Preacher Bain be removed from the Pauper's list because of the death of Manuel Bain. It was ordered J. H. McClain receive the sum of $5.00 per month in lieu of the sum of $9.00; that Nellie Welling (Mother's Pension Fund) receive the sum of $12.00 per month in lieu of the sum of $20.00 until the further orders of the Board. It was ordered F. G. Young, Gifford,be placed on the Pauper's List to receive tbasum of $5.00 per month until he receives Old.Age Assistance. Mother's. Pension Applications were approved for Gertrude C. Knight and Luella Hegy English each in the sum of $4.00 per month until the further orders ofthe Board. It is the understanding that this assistance for Mrs. Knight will cease at:sueh time -as she receives additional income or at such time as her daughter receives W.P.A. employment. It was ordered Nancy Brown (Colored) Gifford, Florida be placed on the Pauper's list to receive -the sum of $4.00 per month .,until the further orders of the Board. Miss Leila M. Bunkley, County Nurse, appeared before the Board and made a report of her activities for the month of September as follows, to -wit: COUNTY NURSE'S MONTHLY REPORT, SEPTEMBER, 1940. Total Number of cases for the month 70 Number of visits to cases 52 Number of visits in behalf of cases 52 Number of office interviews 118 Number of cases cared for in hospital 2 Number of cases to dentist 4 Number of..cases to Jackson Memoral Hospital 2 Number of eye cases receiving care 2 Number of children receiving Clothing School Supplies and Lunches 65 Laboratory Specimens Submitted Hookworm Bloodtests V. D. Clinic Held V. D. Treatments Number of oases to West Palm Beach for Xray of r Visits to School Chest 7 2 2 12 3 4 At the request of Messrs. S. J. Pryor and Abraham Kromhout the following Resolution was adopted: Commissioner Vickers introduced the following resolution and moved its adoption: RESOLUTION BE IT RESOLVED that the Board of County Commissioners does hereby abandon and does hereby declare vacated a certain road right-of-way situated in Indian River County, Florida and described as follows, to -wit: A 30 foot right-of-way being 15 feet on each side of a center line described as follows: Beginning at a point 15 feet South of the Northwest corner of Gov't 4, Sec. 15, T. 31 S. R. 39 E. run South on Gov't lot line b ­distance of 2413.7 feet, thence run Southeasterly to the N. Rt. W. line of the Counter read known as the inlet road, said center line intersecting the center line of the said inlet road at a point 1949.7 due west of the S.E. corner of Gov't lot 7. Sec. 15, T. 31 S. R. 39 E. The resolution was duly seconded by Commissioner Glover and upon being put to a vote the same was unanimously adopted. The Board approved the application of William Edward Kersey for admission to the State Tuberculosis Sanatorium as: Full Aid, both County and State. Copy of report #2266, dated September 12, 1940, made on the audit of the accounts of the Officials as set out in said report, was presented to the Board of County Commissioners in connection with the provisi6ns of Section 2196, Compiled General laws of 1927, and was ordered filed as a part of the public records of Indian River County. Commissioner S. E. Glover introduced the following resolution and -moved its adoption: RESOLUTION- PROVIDING FOR MOSQUITO CONTROL ELECTION WHEREAS, the Legislature of the State of Florida, at its regular session held in the 1939 year 1939, did enact Chapter 20114 of the Laws of Florida, which became a law on June 12,/ and which constitutes an amendment to Chapter 11128 of the laws of Florida as adopted by the Legislature of the State of -Florida in 1925, and did provide that the question of the approval of said Chapter 20114 should be submitted to the qualified electors who are freeholders of Indian River Mosquito Control District in Indian River County, Florida at an election to be held in conjunction with the general election in November, 1940 and did provide certain duties to be performed by the County Commissioners of Indian River County, Florida in connection with the holding of said election; therefore, in order to comply with the duties imposed upon this Board under and by virtue of said Chapter 20114 of the Laws of Florida as adopted by the Legis- lature of Florida in its session of the year 1939, it is, HEREN ITH RESOLVED by the Board of County Commissioners of Indian River County,Florida: Section 1. That a separate ballot be prepared, printed and distributed to the quali- fied electors who are freeholders in Indian River Mosquito Control District in Indian River County, Florida at the general election to be held in Indian River County, Florida on the 5th day of November, 1940, and which ballots shall be in such form as will enable the said voters to express their choice as to whether said Chapter 20114 of the Acts of 1939 shall be approved or not and which ballots shall be in the following form, to -wit: BALLOT Election in Indian Liver Mosgdtto Control District held November 5, 1940 with refer- ence to whether Chapter 20114, Acts of the Florida Legislature as adopted in the year 1939 shal be approved or'Izot,. Shall the qualified electors who are freeholders of Indian River Mosquito Control bis triot in Indian River County, Florida approve or not approve Chapter 20114 of the Laws of Flori 1 1 1 1 i as adopted by the Legislature of the State of Florida in session of said Legislature held in the year 1939 and which Chapter 20114 is entitled: "AN ACT To Amend Chapter 11128 of the Laws of Florida as Adopted by the Legislature of the State of Florida in 1925, and Being an Act Creating and Incorporating a Special Taxing District in St. Lucie County, Florida, to Be Known and Designated as Indian River Mosquito Control District, and for Other Purposes, by Particularly Amending Sectione8 of Said Chapter 11128 Laws of Florida and to Thereby Fin and Limit the Amount of Special Tax Levy That the Board of Commissioners of Indian.River Mosquito Control District Shall be Authorized to Levy in Any One Year Upon All the Real and Personal Taxable Property in Said District, to Be Used Solely in Carrying Out the Purposes of Said Act; to Provide for the Method of Assessing and Levying Such Tax and the Collection of the Same; to Provide for the Borrowing by the Board of Commissioners of Indian River Mosquito Control District in Any One Tax Year of a Sum Not to Exceed Eighty Per Cent of the Estimated Taxes to Be Collected on Behalf of Said Indian River Mosquito Control District Within Such Year; to Provide for the Evidencing of the Indebtedness Represented by Any Money so Borrowed and the Payment of Interest Thereon, and to Provide for the Repayment Thereof Prior to the Borrowing of Any Further Sums in Any Subsequent Year." For Approval of Chapter 20114, Acts of 1939. Against Approval of Chapter 20114, Acts of 1939. Instructions -to Voters: If youare for the approval of Chapter 20114 of the Laws of Florida as adopted by the Legislature of the State of Florida in the year 1939, you will place and "X" mark in the space to the left of the words "For Approval of Chapter 20114, Acts of 1939". If you are against the approval of Chapter 20114 of the Laws of Florida as adopted by the Legislature of the State of Florida in the year 1939, you will place an "X" mark in the space to the.l eft of the Words,"Against Aproval of Chapter 20114, Acts of 1939". That the Clerk of this Board be, and he is, herewith instructed to cause to be pre - pared, printed and distributed to each polling place in each precinct or election District in said Indian River Mosquito Control District in Indian River County, Florida a sufficient number of ballots in the form hereinabove set out to the end that there shall be furnished to each polling place at least twice the number of such ballots as there are persons qualified to vote upon the proposal described in said ballot at such polling place. Section 2. The Clerk of this Board is instructed to cause to be .prepared and to fur- nish to the Clerks and Inspectors at each polling place in said Indian River Mosquito Control District a separate ballot box into which the voters shall deposit the ballots used in the election herewith provided, and v&ich said ballot box shall be in addition to the ballot boxes provided for the use of voters in the said general election. Section 3. The election herewith provided for determining the question of approval of said Chapter 20114 of the Laws of Florida adopted by the Legislature in the year 1939 shall be held on November 5, 1940 at the same time and at the same polling places as the general eledtion to be held in Indian River County, Florida on said date and the Clerks and Inspectors designated -and selected by this Board to conduct said general election shall serve as Clerks and Inspectors in the conduct of the election provided by this Resolution and shall conduct said election count.and canvass the ballots cast thereat and make return thereof, all in the manner provided for the holding of general elections. Section 4, Pursuant to said Chapter 20114 of the Laws of Florida adopted by the Legislature of the State of Florida in the year 1939, the Supervisor of Registration of Indian River County, Florida shall, prior to the date of the election herewith, provided, furni-sh the the Clerk and Inspectors of each polling place in said County,a certified list of the persons duly qualified to vote in said election at said polling place and said Clerks and Inspectors shall allow only those p=ersons whose names appear on said list to vote at said election and whi Y persons, as provided by said Chapter 20114, shall be qualified electors who are freeholders of said Indian River Mosquito Control District In. Indian River County, Florida. Section 59 Said election herewith provided shall in all manner be conducted as pre- scribed by law for holding general elections except as otherwise provided under the provisions of said Chapter.20114 of the Laws of Florida as adopted by the Legislature at its session in the year 1939. The Resolution was duly seconded by Commissioner Graves and upon being put to a vote the same was unanimously adopted. The Board proceeded to and did name and select the following persons as Inspectors and Clerk of election of the various precincts to_hold and conduct the General: election to be held Tuesday, November 5th., 1940, to -wit: PRECINCT NO. 1. ROSELANDD L. Ashburner, Mrs. C. D. Gibson and Albert C. Haag, Inspectors and Edna Holtzclaw, Clerk. Vo Place: Community Hall. PRECINCT NO. 2, SEBASTIAN F. G. Hamrick, Richard Kimble and Theo Davis, Inspectors and P. P. Lawson, Clerk. Voting Place: Public Hall. _PRECINCT NO. 3,3„ WABASSO. C. C. Massey, J. L. Helpling and P. H. Chesser, Inspectors and C. A. Vandivear, Clerk. Voting Place: Legion (Community)Hall PRECINCT NO. 4, WINTER BEACH R. P. Hurst, Morris Walker and W. E. Lawhon, Inspectors and Jos. F. Rabeck, Clerk. Voting Place Hinton's Store. PRECINCT NO. $-A. NORTH VERO BEACH George Duncan, Harry Hearne, and A. B. Whilden, Inspectors and John W. E. Wheeler, Clerk. Vot Place: Community Building.. PRECINCT NO. 5-B, NORTH VERO BEACH Fritz W. Baldwin, Oswald Helseth and Mrs. R. L. Wykoff, Inspectors and H. S. Guy, Clerk. Voting Place: Community Building. PRECINCT NO. 6-A SOUTH VERO BEACH Wm. Atkin, Earle Hobbs and Christine E. Rieehe, Inspectors and J. H. Baker, Clerk. Voting Place Rohrbach Building. PRECINCT NO. 6-B, SOUTH VERO BEACH F. W. Rodenberg, C. J. Brown and Sarah H. Bridge, Inspectors and Isaac C. Reama, Clerk, Voting Place: Rohrbach Building. PRECINCT NO. 6-C, SOUTH VERA BEACH J. A. Harris, Mrs. Marvin Vii. Knight, and Herbert Fultz, Inspectors and H. A. Thomas, Clerk, Voting Place: Rohrbach Building. PRECINCT NO. 72 OSLO; John Blanton, Elias Helseth and W. A. Martin, Inspectors and Axel Hallstrom, Clerk. Voting Place: OsloJPacking Company. PRECINCT NO. 8. FELLSMERE Grace G. MoBachron, Edward B. Seegers and W. S. Cottingham, Inspectors and Ida G. Dixon, Clerk.i Voting Place: City Hall: 1 1 rj 1 -7 439 It was further ordered that the Clerk of this Board prepare the ballots for the Gen - oral Election and was instructed to have printed thereon all names of candidates certified by the Secretary of State, and all candidates certified by the County Canvassing Board of the Democratic party for County and District offices. It was further ordered that the names of nom- inses for Mosquito Control District and Members of Board of Florida Inland Navigation District, as well as all Constitutional amendments certified by thl Secretary of State be printed thereon, , as well as blank spaces where no nominee has been selected for an office. RESOLUTION Commissioner Glover introduced the following Resolution and moved its adoption,to-wit Whereas, by reason of matters beyond the control of the County Assessor of taxes of the Board of County Commissioners, additional time is necessary for the presentation of the County tag 'assessment,,,: roll for .the year 1940 and the approval of the same by the Board. of Count; Commissioners,; therefore; Be It Resolved that the time for presentation of the tax assessment roll of I than River County for the year 1940 to the Board of County Commissioners of said County by t e Count3 Tax Assessor of taxes, be, and it is, extended until October 16, 1940, at which time the same shall be presented to said Board of consideration and final approval The motion for the adoption of the resolution being duly seconded by Commissioner Graves, it was declared adopted by the following vote: Ayes: Michael, Glover, Graves, Vickers and Helseth, Nayes: None. Application of E..W. Knight (Gifford Liquor Store) for a license to sell intoxicating liquors was received and after carefully considering the same together with a petition pres.entec to the Board by Mr. Knight signed by F. T. Mills, and 28 other White Citizens living in the Gifford area said petition stating that they did not object to Liquor license being issued this ;Store and that the present management of the8tore was satisfactory. On motion made seconded and carried the application was disapproved for the following reasons: 1. That the place of business of said licensee, namely, Gifford Liquor Store, is not situated within the corporate limits of any municipality and is located within 2500 feet of severel.churches and which°churches were in active existence prior to the issuance of any liq license to Gifford Liquor Store. 2. Because the Village of Gifford has a very large negro population and that the con- sumption of liquor in the vicinity of Gifford Liquor Store leads to disturbances which tend to be a nuisance and annoyance to the community and its residents. 3. That there has been a transfer of ownership of said Gifford Liquor Store and that the transfer of license to the new owner or the issuance of license to the new owner has not been approved by the Board of County Commissioners. At the request of the Vero Beach School Band Association it was moved by Frank C. Vickers, seconded by Albert 0. Helseth and unanimously carried that a warrant be issued on the GEMAL REVVZ= FUND in'the sum of $300.00, payable to the Vero Beach High School Banat Associ- ation and that the same be charged to the Publicity Fund of Indian River County. It was ordered Judge Otis M. Cobb be paid the sum of $50.00 each month as Juvenile Judge according to the 1940-1941 Budget. It was ordered the following reductions be made, effective November 1st, 1940, on all persons placed on the Pauper's lists as follows: Those receiving less than $6.00 no duductions are to be made. Those receiving $6.00 to $7.00 inclusive deduct 50¢ from each. Those receiving $$.00 to $10.00 inclusive deduct $1.00 each. Those receiving $11.00 to $15.00 inclusive deduct $1.50 each. Those receiving $16.00 to $20.00 inclusive deduct $2.00 each. � 0 RESOLUTION -ROAD & BRIDGE #4 REFUrw G BONDS The following resolution was introduced and, upon being read in full, was upon motion 1 of W. C. Graves, Zr., which motion was duly seconded by Frank C. Vickers, adopted by the followl� Ing vote: Ayes: Michael, Glover, Graves, Vickers and Helseth. Nayes: None Absent: None Not Voting: None BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, STATE OF FLORIDA, IN SESSION DULY ASSEMBLED: Section I*'That this Board does hereby approve, adopt.,and confirm that certain con- tract set forth in Section II hereof; the Chairman of this Board be,. and he is hereby directed to execute said contract for and on behalf of Special Road and Bridge District No. 4 in Indian River County, Florida, and the Clerk of this Board be, and he is hereby, directed to attest the signature of the said Chairman on said contract and affix the seal of said Board thereto. . Section II. That the contract approved, adopted and comfirmed in Section I hereof shall be as follows: CONTRACT OF EMPLOYMENT THIS CONTRACT, made and entered into this 1st day of October, A. D. 1940, by and be- tween R. E. CRUMMER & COMPANY, a corporation (hereinafter sometimes referred to as °RFIRST PART and SPECIAL ROAD AND BRIDGE DISTRICT NO. 4 in INDIAN RIVER COUNTY, FLORIDA, (hereinafter some- times referred to as "SECOND PARTY") WITNESSETH: In consideration of the sum of One (l.00) Dollar paid by each of the parties hereto 1) to each other, receipt of which is hereby mutually acknowledged, and in further consideration of the valuable specialized services which First Party can render Second Party and without which ,� Second Party cannot afford to risk undertaking to accomplish the desired objective® it is herebi mutually understood and agreed as follows: 'B Section I. (A) That First Party is hereby employed by Second Party to use its best efforts in an endeavor to accomplish a refinancing of the following identified refundable funder indebtedness (hereinafter sometimes referred to as "Original Bonds") by the issuance in,lieu thereof of Refunding Bonds to be authorized and issued under the direction of Second Party in accordanoe with the definite terms and conditions hereinafter set forth in detail, said Second Party having exercised its governmental funotidn�:in definitely agreeing on such terms and oon- ditions: All outstanding principal of the callable funded indebtedness of the Second Party bearing date of January 1, 1937. (B) (1) That the Original Bonds considered subject to the prior portions of this Section will be the exact amount of indebtedness of the identified classifications found to be outstanding and unpaid when the bond register of the identified issue has been carefully balanced; (2) that, if any of the Original Bonds are retired, Refunding Bonds provided to be issued in lieu thereof shall be cancelled, and, if any of the Original Bonds are now in, or later come into, the possession of control of Second Party but in such manner that they may no be retired, Refunding Bonds provided to be issued in lieu thereof shall be so issued, at the option of Second Party, but,.whether so issued or not, First Patty shall be entitled to consid said Refunding Bonds as having been so issued in determining any percentages hereunder: (3)tha any Original Bonds now, or hereafter during the period of this contract, owned by First Party shall be considered as subject to conversion hereunder, and, since this is a contract of limit and specifioilly— defined employment, the full and complete duty of First Party being expresse herein, it is hereby specifically agreed that Second Party shall have no control over said Original Bonds so held as said Original Bonds are, or will be, hold by First Party inctacehoaci entirely divorced from the purpose for which Second Party has employed First Party and.said ownership only assists in that purpose. 1 1 1 Ll 1�1111 Section II. (A) That Second Party shall, by and through its governing authority and/or proper officials, including an attorney named.by it, cause Refunding Bonds to be authorized, the nece sary validation proceedings to be brought in the proper Circuit Court, and an appeal to be prosecuted in the Supreme Court of Florida in the event of any appeal, said Refunding Bonds to be in an amount sufficient to permit delivery of securities hereunder on the basis of a par amount of Refunding Bonds being issued in lieu of an equal par amount of Original Bonds, using such necessary procedure and forms therefor as are authorized by law and will permit the Re- funding Bonds to be issued with the approving legal opinion of nationally recognized general market bond attorneys: that said Refunding Bonds shall be executed in the manner required by law and placed on deposit in escrow with The First National Bank of Chicago, Chicago, Illinois, or any other Bank Mutually agreeable to the parties hereto, under instructions that said Refund. ing Bonds shall be delivered upon surrender of securities described in Section I hereof, or upon payment of the sale price of said Refunding Bonds if a sale is made hereunder, this con- tract being sufficient authority for the proper officials of the issuing taxing unit to make said deposit under usual forms for the purpose, said forms to be prepared by First Party, as a part of its services hereunder, and approved by the attorney hereinafter designated.'as Second Party; PROVIDED,hbwever, that at the expiration of this contract, unless this contract shall be extended by mutual consent or unless otherwise mutually agreed upon by the parties hereto, any Refunding Bonds which have not then been issued or previously cancelled shall be cancelled by the Escrow Bank and thereafter disposed of according to the order of Second Party. (B) That, upon delivery, Second Party shall cause all accrued interest on Original Bonds to be paid to the date of the surrender thereof (or to the effective date of a call in the event of exercise of option to call said Original Bonds for payment before maturity), and interest shall begin to accrue on the Refunding,Bonds as of the date of delivery thereof; PROVIDED, however, that if delivery is made at any time except upon an interest payment date common to both Original Bonds and Refunding Bonds, interest accrued on Ori4in*l Bonds and on Refunding Bonds may be offset against each other and the net difference either paid to or re- ceived from the holder of the Original Bond, as the circumstances may require. Section III. That said Refunding Bonds shall be dated January 1, 1941; be payable, as to both principal and interest, at Manufacturers' Trust Company , New York, New York, or 'any other bank mutually agreeable to the parties hereto; and mature serially in annual Installments the ,first of which said installments shall be due the third year after the date of said Refund- ing Bonds and the last of which said installments shall be due not later than the thirtieth year after the date of said Refunding Bonds, the amounts of the specific installments to be according to a schedule to,be hereafter calculated by First Party, as part of its services he under, but subject to approval by Second Party. Section IV. That said Refunding Bonds shall bear interest, payable semi-annually, at the rate of four (0) per cent. per annum. k Section V.,That said Refunding Bonds shall be non-oallable. Section VI. That, for the purpose of adequately providing for the payment of the in- terest on said Refunding Bonds aA its matures and for the creation of a sinking fund for_the retirement of all of said Refunding Bonds as they mature, and the sum hereinafter agreed to be paid°First Party, the proceedings authorizing the issuance of the Refunding Bonds, or the Re- funding Bonds themselves, or both, shall: (A) Conform'to the tax provision requirements of Chapter 15,772 of the Laws of Florida, Acts of 1931, and such other law or laws as shall be necessary in order (1) to permit the Refunding Bonds to be issued with the approving legal opinion of the nationally recognized general market bond attorneys provided for herein and (2) to accomplish the full purposes here- of . x¢42 0" (B) Contain legally effective obligations and covenants on the part of the issuing taxing unit toland in favor of the holders of the Refunding Bonds that in the annual budgets to be prepared and made in the year 1940, and annually thereafter until all of said Refunding Bonds, and interest thereon, have been retired, there shall be included an appropriation in an amount sufficient to produce from current ad valorem taxes the sum of Thirty Thousand the ($30,000.00) Dollars, including and deducting therefrom, at the option of/governing authority of the issuing unit, any revenue other than from ad valorem taxes which may be available and is actually so applied. (C) Make provision for the levying of current ad valorem taxes in an amount suffieien to meet that portion of the respective annual appropriations which may be payable from current ad valorem taxes, such taxes to be levied and computed upon the extended and finally equalized assessed valuation of all property subject to, or liable, for, taxation -.at the time of the firs and original creation of the indebtedness now evidenced by the Original Bonds. (D) Make provision for the respective annual tax levies to be increased when neces to provide sufficient funds for (1) the payment of the interest and principal maturities of the year next succeeding that in which any particular budget is being made and prepared; or (2) the replacement of funds disbursed from the Interest and Sinking Fund Account for any purpose other than (a) the payment of interest upon and the purchase or payment of the principal of the Refunding Bonds and (b) the payment of Refunding Fee Certificates provided to be issued by Section IX hereof. Section VII. That Second Party shall, by and through its governing authority and/or public officials, cause such action to be taken as may be necessary to consummate the refinan- cing program herein authorized to the end that the proceedings authorizing the issuance of the Refunding Bonds, or the Refunding Bonds themselves, or both, shall 1 -unit; (A) Provide for said Refunding Bonds to be general obligations of the issuing taxing (B) Contain a pledge of the full faith and credit of said issuing taxing unit for the prompt payment of the principal of and interest on said Refunding Bonds according to their tenor; (C) Provide for the payment in legal tender of the United States of all taxes provided to be levied for the payment of the principal of and interest on said Refunding Bonds; (D) Provide for said Refunding Bonds to be continuations, extensions, mergers, and newels of the Original Bonds proposed to be refund®d and the obligation evidenced thereby; (3) Provide that all rights and remedies which were available by contract for the support and enforcement of the Original Bonds proposed to be refunded, and the obligation evidenced thereby, will continue and remain available for the support and enforcement of the Refunding Bonds issued in lieu thereof; (F) Provide that, in the event said Refunding Bonds, or any term, provision, condit agreement, or clause therdn, shall be held for any reason whatsoever either invalid or unen- forceable, then the holders of the Refunding Bonds affected thereby shall be subrogated to any and all rights and remedies, in part or in whole, which at any time existed in favor of the holders of (1) any bonds initially issued to evidence the first and original indebtedness, or (2) any of said Original Bonds-, Section VII. (A) That First.Party shall hold Second Party harmless for all expenses incurred and services rendered incident to: (1) printing the said Refunding Bonds; (2) obtaininf the approving opinion of Messrs. Chapman and Cutler of Chicago, Illinois, nationally recognized general market bond attorneys, (or any other general market bond attorneys mutually agreeable to the parties hereto) upon the procedure used for the validation and issuance of said Refund - h! 1 a 3 ing Bonds; (3) assembling said Original Bonds and delivering Refunding Bonds in lieu thereof; (4) all other expenses in connection herewith which may be approved by First Party, including a total of twenty (20¢) cents per Refunding Bond to the Clerk of the Circuit Court for exeeutini the validation certificate on said Refunding Bonds, and impressing the seal of said Clerk there, on, and signing each Refunding Bond as Clerk of the Board of County Commissioners, and impress,- ing the seal of said Board on each of said Refunding Bonds; (5) the costs and expenses, inclu- ding counsel fees, in legal proceedings to validate said Refunding Bonds. (B) That Second Party does hereby designate and retain Charles A. Mitchell, an Attorney at Law- as its counsel to represent it in all matters connected herewith until the full purposes of this contract have been fulfilled. Section IS. That First Party shall be compensated for services rendered, including risk taken, in connection herewith in the following manner: By Oeoond Party paying to First Party, or its assignee, a sum equal to two and one- half (2) per cent. on the par value of Refunding Bonds issued hereunder; and, if so requested by First Party, the amount due shall be evidenced by certificates issued to First Party by the Clerk of the Board of County Commissioners of Indian River. County, Florida,setting forth the Refunding Bonds issued hereunder and the amount due, which certificates are, by the execution of this contract, authorized and directed to be issued within ten (10) days after any request therefor. Said certificates shall be paid out of the Refunding Bond.Interest and Sinking Fund Account 6f the issuing unit from moneys therein available each six months after interest then due has been paid and before any disbursements from.said Interest and Sinking Fund for any purpose except for the payment of interest on the Refunding Bonds. Section R. That general provisions shall apply to this contract as follows: (A) That the employment of First Party hereunder shall be for the period beginning with date hereof and ending --at the expiration of the.performance.schedule hereinafter set forth and shall be exclusive as to this particular purpose during that period, and nothing herein- after contained shall be construed to prevent First Party from collecting any sums due it here- under for pro tanto performance of this contract covering conversions before any expiration, cancellation, rescission, or surrender hereof; PROVIDED, however, that, unless an extension hereof is granted, First Party hereby guarantees (1) that on or before (a) March 1, 19410 or (b) (90) days after the deposit of executed Refunding Bonds with designated Escrow Bank, which said deposit shall be made as promptly as.possible following the validation decree coveri said Refunding Bonds becoming final (by lack of an appeal or by final adjudication of the Supreme Court of Florida in the event of an appeal) and/or (c) ninety (90) days following final adjudication of any other litigation which might prevent the issuance of Refunding Bonds, whichever date is the last, it will have converted sufficient of the Original Bonds into Refund ing Bonds that the total Original Bonds outstanding on said date will not exceed seventy-five (75%) per cent. of the amount of such Original Bonds outstanding as of the date hereof; (2) tha within six (6) months after the expiration of the period set forth in (1) above, First Party will have converted sufficient of the Original Bonds into.Refunding Bonds that -thea total Original Bonds then outstanding will not exceed fifty (50%) percent. of the amount of such Original Bonds outstanding as of the date hereof; (3) that, within t*elve (12) months after the expiration of the period set forth in (2) above, First Party will have converted the entire amount of the Original. -Bonds into Refunding Bonds; PROVIDED, further, that executed duplicate of this contract, together with Thousand ($5,000,00) Dollars par value of Original Bonds (Refunding Bonds may be substituted therefor when the same are ready for delivery) which said Bonds shall be furnished by First Party, shall be deposited with The First Rational Bank, Orlandq,Florida, as Trustee, and said Original Bonds (or their Refunding Bond substitutes) shal be held by said Trustee Bank (1) as a good faith and performance guarantee deposit by First Party and as liquidated damages from First Party to Second Party if First Party fails or refuse to make the volume of conversions hereinabove provided for, and (2) for return tq First Party if First Party completes its guaranteed volume of conversions, said deposit to be subject to interim return to First Party in ratable amounts as partial conversions are effected or if'Sec Party is unable to make delivery of Refunding Bonds; PROVIDED, further, it is agreed that said Trustee Bank shall accept as evidence in this regard a certificate of the Escrow Bank (here- inabove provided for).reciting the par amount of Refunding Bonds originally deposited with,it. for conversion purposes, the date of instructions covering such deposit (Deposit Instructions shall bear a date f'irom which the performance schedule can be calculated and a copy thereof executed on behalf of Second Part and authenticated by First Party, shall be delivered to the Trustee Bank), and the par value of Refunding Bonds remaining on deposit with it for conversion as of the date named in the certificate, which said date shall conform to the conversion schedule hereinabove specifically set forth; PROVIDED, further, that First Party shall have a fixed and continuous right to complete its employment undertaking in accordance with the schedules hereinabove in (1), (2), and (3) of this section set forth, if it sucessively meets the conversion schedules guaranteed in (1)9 (2), and (3) of (A) of this Section, however, at any time subsequent to the date.determined under (1) of (A) of this Section, Second Party shall have a right to rescind or cancel any uncompleted portion of this contract of employment upon sixty (64) days notice in writing to First Party, but, in that event, a calculation shall be made as to the interest -due to maturity on the Original Bonds retired hereunder and the interest due to maturity on the Refunding Bonds issued in lieu thereof and, as a condition precedent to the rescission or cancellation, Second Party shall cause to be paid to First Party a sum equal to such portion of the interest differential as may be necessary to pay the First Party the sum it would have received if the contract of.employment-had been fully completed and had not been rescinded or cancelled; (B) That, in order for First Party to be able to supply necessary information to inquiring bandhblders, Second Party does hereby agree it will permit First Party to. have access to all information regarding its financial affairs; (C) That any taxes heretofore levied for Original Bonds, as and when they are not needed for payment thereon because of conversion hereunder, shall be paid into the Interest and Sinking Fund Account of the Refunding Bonds issued in lieu thereof and as a fund in addition to the sums hereinabove provided to be appropriated annually for the Refunding Bonds and shall be used in the manner in which said Interest and Sinking Funds for Refunding Bonds are hereinabove provided to be used; (D) That, at any time Second Party may be so requested by First Party, such of said Refunding Bonds (any'part-or.all•) as may be sold under the law shall be offered for sale in the ._4N' manner provided by law, such sale•to be for the purpose of providing funds with which to call for payment any of the Original Bonds which may be callable or with'which to pay such of the Original Bonds as the owners thereof have agreed in writing to accept payment before maturity; I and, if a bid of par and interest, or better, is obtained for such Refunding. Bonds so offered, it shall be considered that, to the extent of the par amount of Refunding Bonds for which such bid is received, such bid shall be considered as standing in lieu of an actual conversion of an equal par amount of Original Bonds for Refunding Bonds in determining the amount First Party is entitled to be paid for se"ices hereunder; PROVIDED, however, that if any lower bid is reeeivei which the Board of County Commissioners of Second Party desires to accept, and does so accept, then, and in that event, such bid so accepted shall be considered as standing in lieu of an actual conversion of an equal par amount of Original Bonds for Refunding Bonds in determlinjig_: the amount First Party is entitled to be paid for services hereunder. J 1 1 1 1 Section 'XI. That if any portion of this contract shall be legally declared inopera- II tive, or void, said contract, shall, at the option of First Party, be considered as fully oper- ative without such inoperative or void portion; and, in any event, Second Party sha11 not be entitled to receive any benefit from this contract without compensating First Party for the reasonable value of services actually received. Section XII. That any funds available to Second Party which are not needed for the payment of the principal of or the interest on said Refunding Bonds, or the payment of the amounts payable to First Party for services rendered hereunder, may be used to purchase Refund• allowed ing Bonds in any manner,/by law. IAT WITM SS WHEREOF, First Party has executed this instrument in triplicate, under its hand and seal, and Second party has caused this instrument to be executed in triplicate in its name under due authority and has caused the same to be signed by the Chairman of the Board of County Commissioners of Indian River County, Florida, and the seal of said Board to be duly affixed, hereto, attested by the Clerk of the Board*of County Commissioners of Indian River County, Florida all as of the,_,— day of , A. D. 1940. (SEAL) ATTEST: E. Richardson Assistant Secretary FIRST PARTY (SEAL) ATTEST: R. E. CRUM = & COMPANY, By E. J. Crummer Vice President SPECIAL ROAD AND BRIDGE DISTRICT -KO. 4 INDIAN RIVER COUNTY, FLOR'IDA By Chairman; Board of County Commissioners Douglas Baker of 'Indian River County, Florida. Clerk,Board of County Commissioners bf Indian River County, Florida SECOND PARTY The several bills and accounts against the County having been audited were examined and found to be correct, were approved and warrants ordered issued in the settlement of same. Such bills and accounts being on file in the office of the Clerk of the Circuit Court. The warrants so issued from the respecive funds being listed in the supplemental minute book as provided by the rules of the State Auditor, reference to such record and the list so recorded being made a part of these minutes. The County Depository filed its monthly statement, showing receipts and disbursements of the various funds which having been audited was found to be correct. There being no further business on motion made, seconded and carried the Board then adjourned to meet at 3:00 o"Block P. M., Wednesday, October 16, 0.', ACLICIRKTT ; . - - -- - - - -- - - - - - - - - --------------------------------------------------- ------------`------------------------------------- --- -- - -- - -- - - -- - - - - - - - - - - WEDNESDAY, OCTOBER 16. 1940, The Board of County Commissioners of Indian River County met at the Court house in Vero Beach, at 3:00 o'clock P. M. Wednesday, October 16th, 1940 in regular adjourned meeting with the following members of the Board present: C. S. Michael,, Chairman, Albert 0. Helseth, W. C. Graves, Jr. and Frank C. Vickers. Absent: S. E. Glover. Also present were Chas. A. Mit Attorney for the Board and Douglas Baker, Clerk. The County Assessor of Taxes, W. R. Duncan, appeared before the Board and presented the tax rolls for the year 1940 on real and personal property and also intangible tax roll,. I' i which were carefully.examined and found correct and on motion made by W. C. Graves, Xr., second I�