11-19-04 Agenda Spec
DELRAY BEACH
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CITY COMMISSION ."'CIIy
CITY OF DELRAY BEACH. FLORIDA 1 (III!
SPECIAL MEETING - FRIDAY. NOVEMBER 19. 2004
3:30 P.M. CITY MANAGER'S CONFERENCE ROOM 1993
2001
The City will furnish appropriate auxiliary aids and services where necessary to afford an indivldual
with a disability an equal opportunity to participate in and enjoy the benefits of a service, program or
activity conducted by the City. Contact Doug Randolph at 243-7127,24 hours prior to the program
or activity in order for the City to reasonably accommodate your request. Adaptive listening devices
are available for meetings in the Commisslon Chambers.
SPECIAL REFERENDUM
Pursuant to Section 3.12 of the Charter of the City of Delray Beach, Mayor Jeff Perlman, has
instructed me to announce a Special Meeting of the City Commission to be held for the following
purposes:
(1) RESOLUTION NO. 87-04: Certify the results of the November 2, 2004 Special Election
Referendum.
(2) COMMISSION COMMENTS.
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Please be advised that if a person decides to appeal any decision made by the City Commission with
respect to any matter considered at this meetlng, such person will need to ensure that a verbatim
record includes the testimony and evidence upon which the appeal is based. The City neither
provides nor prepares such record.
MEMORANDUM
TO: MAYOR AND CI1Y COMMISSIONERS
FROM: CI1Y CLERK ~
SUBJECT: CERTIFY THE RESULTS OF THE LIBRARY REFERENDUM SPECIAL
ELECTION HELD ON NOVEMBER 2.2004
DATE: NOVEMBER 18,2004
Presented for your review and approval is Resolution No. 87-04, with respect to the results of the
Referendum of qualified electors of the City held in the City of Delray Beach, Florida, on November 2, 2004,
indicating the results of said referendum.
QUESTION
Authorization for the Sale of a Part of a Lot Located Behind Current Library
In 2001, the voters of the City authorized the release of deed restrictions that existed on the current library
property. Subsequently, it was discovered that a similar deed restriction also existed on a part of Lot 15,
behind the current library.
Do you consent to the release of the restriction on part of Lot 15, authorizing the sale of the property
with the proceeds to be used for public parking?
(a) The total number of votes cast in such Referendum by said
qualified electors residing in the City that voted "For Approval" for the release of the
restriction on part of Lot 15 was 18,509.
(b) The total number of votes cast in such Referendum by said
qualified electors residing in the City that voted "Against Approval" for the release of the
restriction on part of Lot 15 was ~
(c) A majority of the votes cast in such Referendum by such qualified
electors in the City ap,prove the release of the restriction on part of Lot 15, authorizing the
sale of the property with the proceeds to be used for public parking.
Motion
Approve the total votes for the Ballot Question, and that it is hereby declared, based upon
the above and foregoing results, that the Ballot Question passed.
Motion
Adopt Resolution No. 87-04 including Exhibit "A" as presented.
9.1-
RESOLUTION NO. 87-04
A RESOLUTION OF THE CI1Y COMMISSION OF THE
CI1Y OF DELRA Y BEACH, FLORIDA, WITH RESPECT TO
THE RESULTS OF THE REFERENDUM OF THE
QUALIFIED ELECTORS OF THE CI1Y HELD IN THE
CI1Y OF DELRA Y BEACH, FLORIDA, ON NOVEMBER 2,
2004, ON THE QUESTION OF WHETHER THE CI1Y
SHOULD RELEASE THE DEED RESTRICTIONS AND
ALLOW FOR THE TRANSFER OF THE NORTH 48 FEET
LOT 15, BLOCK 101, LOCATED BEHIND THE CURRENT
LIBRARY SITE AT 29 S.E. 411-1 AVENUE AND FRONTING
ON S.E. 511-1 AVENUE; CANVASSING THE RETURNS OF
SAID REFERENDUM AND DECLARING AND
CERTIFYING THE RESULTS THEREOF; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida, (the
"Commission"), by Resolution No. 50-04, duly adopted on August 17,2004 (the "Resolution"), did
propose calling for a special election to be held on November 2, 2004, to provide for a referendum
on the question presented in Ordinance No. 40-04 regarding the release of deed restrictions and
allowing for transfer of the north 48 feet, lot 15, block 101, located behind the current library site at
29 S.E. 4th Avenue and fronting on S.E. 5th Avenue, providing for the time, manner and means for
holding said election are more fully described and defined in the Resolution, said Resolution having
further provided and directed that notice of said Referendum is given by publication in accordance
with state law, City Charter and City ordinance; and
WHEREAS, due and regular notice of said Referendum has been published in the Boca
Raton News, Delray Beach Edition, and El Latino Semanal Inc. newspaper of general circulation
within the City and said publications having been made in English and in Spanish respectively, each
once in the fifth week prior to the week in which the Referendum was held, at least 30 days prior to
November 2, 2004 and in the third week and seven days prior to the date the Referendum was held,
to wit: November 2, 2004; and
WHEREAS, the Supervisor of Elections of Palm Beach County has provided the
Commission with the results of the Referendum for the purpose of canvassing the returns and
declaring and certifying the results thereof; and
WHEREAS, said Referendum has been duly and properly held in accordance with law and
that a copy of the certificate certifying the results of the Referendum to the Florida Department of
State (in substantially the form attached hereto as Exhibit "A"), has been delivered to this
Commission for the purpose of declaring and certifying the results thereof; and
WHEREAS, the official returns of said Referendum delivered to this Commission by the
Supervisor of Elections reflect that the total numbers of votes cast in the Referendum by the
qualified electors residing in the City to ap.prove of the release of the restriction on part of Lot 15,
authorizing the sale of the property with the proceeds to be used for public parking.
NOW, THEREFORE, BE IT RESOLVED BY THE CI1Y COMMISSION OF THE
CI1Y OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Commission at this meeting duly held, having received the results from
the Supervisor of Elections, hereby canvasses the returns of said Referendum and determines, finds,
declares and certifies the results thereof with respect to the project as follows:
QUESTION
Authorization for the Sale of a Part of a Lot Located Behind Current Library
In 2001, the voters of the City authorized the release of deed restrictions that existed on the
current library property. Subsequently, it was discovered that a similar deed restriction also existed
on a part of Lot 15, behind the current library.
Do you consent to the release of the restriction on part of Lot 15, authorizing the sale of the
property with the proceeds to be used for public parking?
(a) The total number of votes cast in such Referendum by said
qualified electors residing in the City that voted "For Approval" for the release of
the restriction on part of Lot 15, authorizing the sale of the property with the
proceeds to be used for public parking was 18.509.
(b) The total number of votes cast in such Referendum by said
qualified electors residing in the City that voted "Against Approval" for the
release of the restriction on part of Lot 15, authorizing the sale of the property
with the proceeds to be used for public parking was 5.071.
(c) A majority of the votes cast in such Referendum by such qualified
electors in the City ap,prove of the release of the restriction on part of Lot 15,
authorizing the sale of the property with the proceeds to be used for public
parking
2 RES. NO. 87-04
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Section 2. That said Referendum was in all respects conducted in accordance with law,
and that all steps in connection with and preceding such Referendum have been duly, regularly,
lawfully taken and that the statutes and constitution of the State of Florida, the City Charter and City
ordinances have been duly complied with in accordance with all their provisions.
Section 3. That a true and correct copy of the certified results shall be filed by the
Commission with the Florida Department of State in substantially the form attained hereto as
Exhibit "A" (the "Certificate") and that the Commission shall secure an affidavit of publication
from the publishers of the Boca Raton News, Delray Beach Edition, and EI Latino Semanal Inc.
attesting to the publications of the notice of the Referendum (the "Affidavit").
Section 4. That said returns shall be entered and recorded in the minutes of the
Commission; and this Resolution, the Affidavit and Certificate shall be recorded in the minutes of
the Commission.
Section 5. All resolutions or parts thereof in conflict or inconsistent herewith are
hereby repealed insofar as any conflict or any inconsistencies exists.
Section 6. That this Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED in special session on this _ day of November, 2004.
CI1Y OF DELRA Y BEACH, FLORIDA
By:
VICE - MAYOR
ATTEST:
By:
CI1Y CLERK
3 RES. NO. 87-04
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EXHIBIT "A"
CERTIFICATE OF CITY CANVASSING BOARD
CITY OF DELRAY BEACH, FLORIDA
REFERENDUM
~ove~ber2,2004
STATE OF FLORIDA
PALM BEACH COUN1Y
Pursuant to the requirements of Section 100.351 of the Florida Statutes, we, the
undersigned, Alberta McCarthy, Vice Mayor of the City of Delray Beach, Jon Levinson, Deputy
Vice-Mayor and Commissioner Bob Costin, do hereby certify that on the 19th day of November,
A.D., 2004, we canvassed the votes as shown by the records on file in the Office of the Supervisor
of Elections. WE do hereby certify from said returns as follows:
That for the City of Delray Beach, Florida, Library Referendum, the whole number of votes
cast was 23.580 votes of which number the City electors voted in the following manner in
connection with the general obligation bonds for each of the Projects listed below.
Authorization for the Sale of a Part of a Lot Located Behind Current Library
"For Approval" received 18.509 Votes
"Against Approval" received 5.071 Votes
Witness our hands and seal this the 19th day of November, 2004.
Alberta McCarthy, Vice Mayor
Jon Levinson, Deputy Vice-Mayor
Bob Costin, City Commissioner
4 RES. NO. 87-04
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Palm Beach County
240 SOUTH MILITARY TRAIL
RECEIVED VVEST PALM BEACH, FL 33415
POST OFFICE BOX 22309
VVEST PALM BEACH, FL 33416
THERESA LePORE NOV 182004
Supervisor of Elections TELEPHONE: (561) 656-62CXJ
FAX NUMBER: (561) 656-6287
CITY C LE R K VVEBSITE: www.pbcelections.org
** OFFICIAL **
CERTIFICATION OF ELECTIONS RESULTS
CITY OF DELRAY BEACH, FLORIDA - QUESTION
AUTHORIZATION FOR THE SALE OF A PART OF A LOT LOCATED
BEHIND CURRENT LIBRARY
In 2001, the voters of the City authorized the release of deed restrictions that
existed on the current library property. Subsequently, it was discovered that
a similar deed restriction also existed on a part of Lot 15, behind the current
library .
Do you consent to the release of the restriction on part of Lot 15, authorizing
the sale of the property with the proceeds to be used for public parking?
YES 18,509 votes
NO 5,071 votes
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:. _ - ,'-I,-THERËS~~!PORE, SUPERVISOR OF ELECTIONS, HEREBY CERTIFY THAT THIS
: r IS A TRUE ANDjCORRECT COPY OF THE OFFICIAL ELECTIONS RESULTS ON FILE
:' ". IN THIS OFFI~FROM THE NOVEMBER 2,2004 GENERAL ELECTION.
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...... /" wrrNESS$TVJHAND AND SEAL, THIS 15TH DAY OF NOVEMBER, 20 04 .
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BY: A.5C- Qf1
THERESA LePORE, SUPERVISOR OF ELECTIONS
PALM BEACH COUNTY, FLORIDA