Loading...
10-02-80 Special \ \ \ ({ itp of 1>>elr ap ;Scacu 100 N. W. 1 ST AVENUE (3051 278.2841 DELRAY BEACH, FLORIDA 33444 LEON M. WEEKES, MAYOR MALCOLM T. BIRD, VICE-MAYDA CHARL.OTTE G. DURANTE, COUNCil MEMBE JAMES H. SCHEIFlEY, COUNCil MEMBER WILLARD V. YOUNG, COUNCil MEMBER J ELDON MARIOTT CITY MANAGER AMENDED SPECIAL MEETING DELRAY BEACH CITY COUNCIL Pursuant to Section 3.07 of the City Charter of the City of Delray Beach, Florida, Vice-Mayor Malcolm T. Bird has instructed me to advise you of a Special Meeting of Council to be held in the Council Chambers at 7:00 P.M., Thursday, October 2, 1980. This meeting has been called for the purpose of: 1) considering holding a public hearing on proposed 1980-81 tentative millage rate and on the 1980-81 tentative budget. 2) Considering Resolution No. 85-80 to adopt a tentative millage rate. 3) Considering second and final reading of Ordinance No. 52-80 adoption of tentative budget - 1980-81. 4) Considering Resolution No. 82-80 calling special election for November 4, 1980, concerning amendments to the Downtown Development Authority Act. 5) considering purchase of police vehicles. ---?Ey~Z c-~~ . Elizabeth Arnau city Clerk EQUAL OPPORTUNITY EMPLOYER M/" '( RESOLUTION NO. 82-80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ORDERING AND PROVIDING FOR A REFERENDUM ELECTION TO BE HELD ON NOVEMBER 4, 1980, CONCERNING \fflETHER Ar~NDMENTS SHOULD BE MADE TO THE DELRAY BEACH DOWNTOWN DEVELOPMENT AUTHORITY ACT (CHAPTER 71-604 LAWS OF FLORIDA, AS AMENDED BY CHAPTER 72-624 LAWS OF FLORIDA) . WHEREAS, Section 5.07 of the Charter of the City of Delray Beach sets forth procedures for the calling of special elections; and, WHEREAS, this resolution shall serve as notice of such special election, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That a referendum election is hereby ordered to be held in the City of Delray Beach, Florida, on November 4, 1980, to deter- mine whether the amendments to the Delray Beach Downtown Development Authority Act (Chapter 71-604 Laws of Florida, as amended by Chapter 72-624 Laws of Florida) should be adopted as set forth in Chapter 80-495 Laws of Florida, and as set forth in Ordinance No. 56-80 of the City of Delray Beach, which is attached hereto and expressly made a part hereof. Section 2. That the polling locations or places shall be as determined by the Supervisor of Elections for Palm Beach County, Florida, and all qualified electors of the City who vote in said election shall vote at said designated polling places. The polls shall be open on the date of said referendum election from seven o'clock A.M. until seven o'clock P.M. on the same day. Only the duly qualified electors within the boundaries of the current and proposed Delray Beach Downtown Development , Authority area will be permitted to vote in said referendum election. Section 3. That the City Clerk of the City shall prepare and give notice of the referendum election above required by causing a copy of Ordinance No. 56-80, with an appropriate caption, to be published at' least twice, once in the fifth week and once in the third week prior to the date of said referendum election in the Delray Beach News Journal, the first publication to be not less than thirty (30) days prior to the date of said referendum election. The City Clerk shall also cause this resolution, with an appropriate caption, to be published prior to the date of said referendum election in the Delray Beach News Journal. The City Clerk shall secure from the publisher of said newspaper an appropriate affidavit of proof that said ordinance and resolution have been duly published as herein set forth, and said affidavits shall be made a part of the record of the City Council. Section 4. That the vote at said referendum election shall be by use of voting machine, the type which has been used in recent City elec- tions, and in each polling place there shall be at least one voting machine. Section 5. That the returns of the referendum shall be canvassed and certified in the manner provided by law. Section 6. That the Supervisor of Elections for Palm Beach County, Florida, is hereby authorized and requested to make up and certify a list of the names of all qualifed electors within the boundaries of the current and proposed Delray Beach Downtown Development Authority area. A certified copy of such list shall be furnished to the Inspectors and Clerk of the election at the polling places where the votes are to be cast in said election, and a certified copy of such list shall be filed among the records of this City Council. ( ( I ..----_.-------- Section 7. That said election shall in all other respects be held and conducted in the manner provided in and by the laws of the State of Florida. Section 8. That this resolution shall take effect in the manner provided by law. day of PASSED AND ADOPTED in special session on this the , 1980. MAY 0 R ATTEST: City Clerk -2- Res. No. 82-80 \ / ( I ORDINANCE NO.56-80 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING THAT A REFERENDUM ELECTION BE HELD NOVEMBER 4 , 1980, CONCERNING THE DOWNTOWN DEVELOPMENT AUTHORITY IN ACCORDANCE WITH CHAPTER 80-4g~ LAWS OF FLORIDA; THE REFERENDUM ELECTION IS BEING HELD TO DETERMINE IF CHAPTER 71-604 LAWS OF FLORIDA AS AMENDED BY CHAPTER 72-524 LAWS OF FLORIDA (COLLECTIVELY KNOWN AS THE DELRAY BEACH DOWNTOWN DEVELOPMENT AUTHORITY ACT) SHOULD BE FURTHER AMENDED BY CHAPTER 80-495 LAWS OF FLORIDA, PROVIDING THE FOLLOWING: EXPANDING THE DOWN- TOWN AREA DESCRIPTION TO ADD PROPERTIES LYING EAST OF THE INTRACOASTAL WATERWAY, EXPANDING THE BOARD COMPOSI- TION TO SEVEN MEMBERS (FOUR OF WHOM MUST BE OWNERS OF REALTY WITHIN THE DOWNTOWN AREA, A LESSEE REQUIRED BY THE LEASE TO PAY TAXES THEREON, OR A DIRECTOR, OFFICER OR MANAGING AGENT OF AN OWNER OR OF A LESSEE THEREOF SO REQUIRED TO PAY TAXES THEREON) PROVIDING THAT THE MEMBERS OF SAID BOARD SHOULD BE GEOGRAPHICALLY PRO- PORTIONED AS EVENLY AS POSSIBLE IN THE AREA ENCOMPASSING THE DOWNTOWN, PROVIDING A SAVINGS CLAUSE AND AN EFFECTIVE DATE. WHEREAS, Chapter 80-495 Laws of Florida authorized certain amendments to be made to the legislation pertaining to the Downtown Development Author- i ty, and WHEREAS, the provisions of Chapter 80-4g~ Laws of Florida require as a condition precedent to the effectiveness of these amendments that a referen- dum election be held. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS: Section 1. That a referendum election shall be held on November 4 , 1980 to determine whether the amendments to the "Delray Beach Downtown---- Development Authority Act" (Chapter 71-604 Laws of Florida as amended by Chapter 72-524 Laws of Florida) should be amended by the provisions set forth in Chapter 80-4g~ Laws of Florida. The question to be submitted to the electors at said election shall be substantially as follows: AMENDMENTS TO THE "DELRAY BEACH DOWNTOWN DEVELOPMENT AUTHORITY ACT'AS FOLLOWS: EXPAND THE DOWNTOWN AREA DESCRIPTION BY ADDING PROPERTIES LYING EAST OF THE INTRACOASTAL WATERWAY; EXPANDING THE BOARD COMPOSI- TION TO SEVEN MEMBERS (FOUR OF WHOM MUST BE OWNERS OF REALTY WITHIN THE DOWNTOWN AREA, A LESSEE REQUIRED BY THE LEASE TO PAY TAXES THEREON, OR A DIRECTOR, OFFICER OR MANAGING AGENT OF AN OWNER OR OF A LESSEE THEREOF SO REQUIRED TO PAY TAXES THEREON) PROVIDING THAT THE MEMBERS OF SAID BOARD SHOULD BE GEOGRAPHI- CALLY PROPORTIONED AS EVENLY AS POSSIBLE IN THE AREA ENCOMPASSING THE DOWNTOWN. SHALL THE ABOVE DESCRIBED AMENDMENTS TO THE 'DELRAY BEACH DOWNTOWN DEVELOPMENT AUTHORITY ACT" BE ADOPTED? FOR APPROVAL D AGAINST APPROVAL D ~ '( Section 2. If the proposal set forth in Section 1 above is approved at said referendum election by a separate majority vote of those voting in both the current geographic area of the Downtown Development Authority and the geographic area proposed to be added to the Downtown Development Author- ity, by such proposal, and if the proposal is otherwise approved in accor- dance with Chapter80-4g5 Laws of Florida, it shall take effect as provided by law. Section 3. That if any clause, section or other part of this Ordinance shall be held invalid or unconstitutional by any court of competent juris- diction, the remainder of this Ordinance shall not be affected thereby, but shall remain in full force and effect. PASSED AND ADOPTED in regular session on second and final reading this day of , 1980. MAY 0 R ATTEST: City Clerk First Reading Second Reading -2- Ord. NO.56-80 . ( , / RESOLUTION NO. 85-80 A RESOLUTION TO TENTATIVELY LEVY A TAX ON ALL PROPERTIES WITHIN THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO TENTATIVELY LEVY A TAX FOR THE PAY- ~mNT OF PRINCIPAL AND INTEREST ON BONDED INDEBTEDNESS, AND TO ALLOCATE AND APPROPRIATE SAID COLLECTIONS THEREUNDER. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Delray Beach, Florida, as follows: Section 1. That there shall be and hereby is appropriated for the General Fund operations of the City revenue derived from the tax of '7.8768 mills per one ($1.00) dollar of assessed valuation which is hereby l'tentativelY levied on all taxable property within the City of Delray Beach for the fiscal year commencing October 1, 1980, and terminating jSeptember 30, 1981, the assessed valuation on all taxable property for ! operating purposes within the City of Delray Beach being $640,831,192, for · operating and for maintenance expenses of the General Fund, and also in : addition, all revenues derived by said City during said fiscal year from :rall other sources other than the tax levy for current bond service and that i part of collection of delinquent taxes levied for bond service. The ten- ,!tative operating millage rate of 7.8768 mills exceeds the rolled back rate :1 by 21.95%. ,I Section 2. That the amount of money necessary to be raised for inter- lest charges and bond redemption which constitutes a general obligation 1!lbonded indebtedness of the City of Delray Beach is $690,245, and that there r is hereby appropriated for the partial payment thereof, all revenues derived !from the tentative tax levy of 1.1040 mills per one ($1.00) dollar of !assessed valuation, which is hereby levied for that purpose for the fiscal year commencing October 1, 1980, and terminating September 30, 1981, upon the taxable property of the City of Delray Beach, the assessed valuation being $640,831,192, and there is hereby appropriated, if necessary, from the surplus sinking fund cash, sufficient monies, which together with proceeds of said tax levy for debt, will meet the debt requirements for the aforesaid fiscal year. Section 3. The above tentative millage rates are adopted subject to :adjustment in accordance with Section 200.065(5) of the Florida Statutes :which provides that each affected taxing authority may adjust its adopted I' millage rate if the taxable value within the jurisdiction of the taxing authority as certified pursuant to subsection (1) is at variance from the taxable value shown on the roll to be extended. The adjustment shall be such that the taxes computed by applying the adopted rate against the Jcertified taxable value are equal to the taxes computed by applying the : adjusted adopted rate to the taxable value on the roll to be extended. I Section 4. A Public Hearing was held on the Budget on September 9, 1980 and October 2, 1980. PASSED AND ADOPTED by the City Council of the City of Delray Beach, Florida, this 2nd day of October, 1980. MAYOR .' ATTEST: City Clerk