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130 vr 191_41 .4 13 o AN ORDINANCE authorizing and providing for the issuance of $150,000 Water System Bonds of the Town of Atlantic Beach, Florida, and for the payment of same as to both principal and interest from the levy of taxes, and in addition, the net income and revenue from the operation of the municipal water system of said town. WHEREAS the Town of Atlantic Beach, a municipal corpora- tion organized and operating under the provisions of Chapter 13907, Laws of Florida 1929 as amended and supplemented, and located in Duval County, Florida, is without an adequate supply of water for fire protection and for public, domestic, commercial and industrial uses, and it is necessary for the preservation of the health and welfare of said town and its inhabitants that a municipal water system be established and constructed, the estimated cost of which is hereby found and declared to be one hundred fifty thousand dollais 150,000) ; and WHEREAS it is permitted and provided by Section 4 of Nouse Bill No. 237 of the Acts of the Legislature of Florida, 1949, that said town may issue and sell its bonds for such municipal purposes as may be provided by ordinance and for the payment of which, includ- ing interest thereon, the entire taxable property in said town may be pledged and in addition the revenue of the particular utility or facility to be constructed may be pledged; provided, such ordinance is approved by a majority vote in an election in which a majority of the freeholders who are also qualified electors, as defined in said House Bill No. 237, shall participate; and WHEREAS it is also required by Section 6 of Article 9 of the Florida Constitution as amended that the issuance of such bonds by said town be approved by a majority vote in an election in which a majority of the freeholders who are qualified electors as defined by Section 1 of Article 6 shall have participated; NOW, THEREFORE, Be It Ordained by the Mayor and Town Council of the Town of Atlantic Beach, Florida, as follows: J j Section 1. That subject to (1) the approval of this ordinance by a majority vote of the freeholders who are qualified electors, as defined in House Bill No. 237 of the Acts of the Legislature of Florida, 1949, and (2) approval of the proposition of issuing bonds by a majority vote of the freeholders who are quali- fied electors in said town, as defined by Section 1 of Article 6 of . the Florida Constitution; and for the purpose of paying the cost of establishing and constructing a municipal water system in and for the Town of Atlantic Beach, Florida, there shall be and there are hereby authorized and ordered issued the negotiable Water System Bonds of said town in the total principal amount of $150,000, to be , dated October 1, 1949, of the denomination of $1000, numbered 1 to 150, inclusive, bearing interest at the coupon rate of four per cent 4%) per annum or such lesser rate or rates as may be determined at the time of the receipt and consideration for bids for the purchase ' of the bonds, such interest to be payable semi-annually on the first days of April and October in each year. Said bonds shall be scheduled to mature serially and in numerical order on October 1 of the respective years as follows : Year Amount Year Amount 1951 5,000 1960 8,000 1952 5,000 1961 9,000 1953 6,000 1962 9,000 1954 6,000 1963 9,000 1955 6,000 1964 9,000 1956 7,000 1965 9,000 1957 7,000 1966 10,000 1958 7,000 1967 10,000 1959 8,000 1968 10,000 1969 10,000 provided, however, said bonds numbered 23 to 150, inclusive, shall be subject to redemption by said town prior to maturity on any interest payment date on or after October 1, 1954 in whole or from time to time in part in the inverse order of their maturities (less than all of a single maturity to be selected by lot) upon terms of 2- J par and accrued interest at the coupon rate plus a redemption premium of two per cent of the principal amount thereof if called for redemption on or prior to October 1, 1959; one Per cent of the principal amount thereof if called for redemption thereafter and on or prior to October 1, 1964; and upon terms of par and accrued interest without Premium if called for redemption thereafter. Notice of the redemption of any of said bonds which by their terms are redeemcble will be given by publication at least once not less than thirty days prior to the redemption date in a financial news- paper or journal of general circulation published in the City of New York, New York. Both principal and interest of said bonds shall be payable in lawful money of the United States at the in the City of Each of said bonds shall be executed on behalf of said town by its Mayor, countersigned by the President of its Town Council, and attested by the Town Clerk, with the corporate seal of said town affixed, and each of the interest coupons evidencing interest on said bonds shall be executed with the facsimile signatures of said Mayor, President of the Town Council and Town Clerk. Said bonds and the interest coupons appertaining thereto shall be in the cus- tomary form, which shall be approved by the Mayor and Town Council prior to execution thereof. Section 2. That for the payment of the bonds hereby authorized and the interest thereon the full faith and credit of said town and the entire taxable property therein shall be and are hereby ordered pledged, and in addition the net income and revenues of the municipal water system established and constructed through the issuance of said bonds shall be and is hereby ordered pledged. The Mayor and Town Council shall annually levy and collect a direct annual ta.x on all of the taxable property in said town sufficient to pay the interest on said bonds as it falls due, and also create 3-j a sinking fund adequate for the payment of the principal of said bonds at or prior to maturity. The proceeds of said tax, when collected, shall be kept apart from all other corporate funds of said town and shall be used for the payment of said interest and principal, and for no other purpose whatsoever. Provided, however, and it is hereby ordered and directed that the available net income and revenue derived from the operation of the water system of said town shall be used toward the payment of the interest on and the principal of said bonds and to the re- mission and reduction of the tax aforesaid by the amount so used; and in each ye r while any of said bonds or the interest coupons appertaining thereto shall remain outstanding and unpaid. such of said available net income . nd revenues up to an amount equal to the amount of interest and principal during the then current year and during the next succeeding calendar year shall be accumulated and held apart to pay said interest and principal, the intention of these provisions being that the net income and revenues from the water system shall be used to pay the interest on and principal of said bonds as the same become due and to accumulate a reserve for that purpose equal to the amount of interest and principal to become due during the respective succeeding years, and whenever and to whatever extent the net income and revenues have accumulated an amount sufficient for that purpose the ad valorem tax otherwise required to be levied for paying said bonds and interest thereon may be abated. Section 3. That the bonds hereby authorized shall be validated in accordance with the provisions of Chapter 75 of the Florida Statutes, and following the required approval, as herein- before recited,Frank Thompson as attorney for and on behalf of said town, is hereby authorized and directed to take appropriate proceedings in the Circuit Court of the Fourth Judicial 4- 3 Circuit of Florida for the validation of said bonds. Section That said bonds when approved as hereinbefore recited shall be sold in such manner and upon such terms as may be hereafter prescribed by the Mayor and Town Council, and the proceeds received through the issuance of said bonds, exclusive of accrued interest, shall be used and applied for establishing and construct- ing a municipal water system for said town, which is generally described as follows: Section 5. That this ordinance be in full force and effect immediately upon its adoption and approval. Adopted by the Town Council j2-e.. • I D 1949. ice. Attest: President, To iCouncil rIA-U(2A— S - Town Cler X X ti The foregoing constitutes a true, correct and complete copy of the ordinance adopted by the Town Council and submitted to the Mayor for approval this l0 1949• kt;4413471fro-'9 43 O-v6- /3 1949. Town Clerk ayor. 5- J