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Res 77-89 RESOLUTION NO. 77-89 A RESOLUTION OF THE CITY COHI~ISSION OFT HE CITY OF DELRAY BEACH, FLORIDA, REPEALING RESOLUTION NO. 70-89 AND RESOLUTION NO. 76-89; PROVIDING HRREIN HEREIN IN LIEU OF SUCH RESOLUTIONS FOR THE ISSUANCE OF GENERAL OBLIGATION BONDS FOR THE PURPOSE OF FINANCING THE (A) ACQUISITION, CONSTRUCTION, RECONSTRUCTION ANDEQUIPPING OF CEREAIN FIRE' FACILITIES IN THE PRINCIPAL AMOUNT OF NOT EXCEEDING $5,180,000, (B) ACQUISITION, CONSTRUCTION AND RECONSTRUC- TION OF CERTAIN STREET, SIDEWALK, ALLEY, RIGHTS OF WAY, DRAINAGE AND BEAUTIFICATION PROJECTS IN THE PRINCIPAL AMOUNT OF NOT EXCEEDING $11,207,000, (C) ACQUISITION, CON- STRUCTION AND EQUIPPING OF ~PROV~TS TO CER~AINRECREA- TIONAL AND CULTURAL FACILITIES IN THE PRINCIPAL AI~3~JNTOF NOT EXCEEDING $4,605,000, AND (D) THE ACQUISITION AND CON- STRUCTION OF VARIOUS NEIGHBORHOOD IMPROVEMENT PRiXTECTS IN THE PRINCIPAL AMOUNT OF NOT EXCEEDING $500,000; C~T~.'rNG FOR A BOND REFERENDUM OF THE QUAr.TFIED ELECTORS OF THE CITY OF DELRAY BEACH TO BE HELD ON ~ER 21, 1989, AS TO WHETHER GENERAL OBLIGATION BONDS FOR SUCH PROJECTS SHOULD BE ISSUED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Constitution, applicable laws of the State of Florida and the City Charter of Delray Beach (the "City Charter"), authorize and empower the City of Delray Beach, Florida (the '~City"), to adopt this Resolution; and WHEREAS, the City Commission has determined that it is in the best interest of the City to acquire, construct, reconstruct and equip certain fire facilities within the City (herein referred to as the "Fire Facilities Projects"); and WHEREAS, the City Commission of the City of Delray Beach, Florida (the "City Commission"), has determined that it is in the best interest of the City to acquire, construct and reconstruct cer- tain streets, sidewalks, rights of way and alleys within the City, including improving the drainage and providing for general beautifi- cation thereof (herein referred to as the "Street, Drainage, Sidewalk, Alley and Beautification Projects"); and WHEREAS, the City Commission has determined that it is in the best interest of the City to acquire, construct and equip improvements to certain of the City's recreational and cultural facilities within the City (herein referred to as the "Recreational and Cultural Facilities Projects"); and -1- Res. No. 77-89 W~EREAS, the City Commission has determined that it is in the best interest of the City to acquire and construct various neigh- borhood improvement projects in the area of the City surrounding Old School Square more particularly described herein, including but not limited to the acquisition of certain properties and structures (herein referred to as the "Neighborhood Improvement Projects" which, together with the Street, Drainage, Sidewalk, Alley and Beautification P~ojects, the Recreational and Cultural Facilities Projects and the Fire Facilities Projects, are sometimes hereinafter collectively referred to as the "Projects"); and WHEREAS, the City Commission hereby finds that the Projects will serve valid municipal public purposes; and WHEREAS, the City Commission finds it to be in the best interest of the City to issue its General Obligation Bonds (the "Bonds") in the aggregate principal amount of not exceeding $5,180,000 for the Fire Facilities Projects, not exceeding $11,207,000 for the Street, Drainage, Sidewalk, Alley and Beautification Projects, not exceeding $4,605,000 for the Recreational and Cultural Facilities Projects and not exceeding $500,000 for the Neighborhood Improvement Projects to finance all or a portion of the costs for such Projects including all costs inciden- tal thereto and to pay the costs of issuing the Bonds; and WHEREAS, The Commission adopted Resolution No. 70-89 on September 26, 1989, as supplemented by Resolution No. 76-89, adopted on October 10, 1989, providing for the issuance of the Bonds and calling for a bond referendum of the qualified electors of the City to be held on November 7, 1989; and WHEREAS, Resolution No. 70-89, pursuant to state and local law, did provide that notice of such bond referendum would be pub- lished in a newspaper of general circulation within the City begin- ning the fifth week prior to the week in which the referendum was to be held; and -2- Res. No. 77-89 WHEREAS, notice of such bond referendum was not published by the newspaper in the fifth week p~ior to the referendum; and WHEREAS, the City Commission must now reschedule the date of the bond referendum to allow notice of such referendum to be pub- lished in a newspaper of general circulation within the City, pursu- ant to the requirements of the City Charter and state law; and WHEREAS, it is necessary and essential to amend and restate Resolution No. 70-89, as supplemented by Resolution No. 76-89 by repealing both such resolutions and in place thereof adopt this reso- lution all for the purpose, to call and to hold a bond referendum submitting the issuance of such Bonds for the approval or disapproval of the residents who are qualified electors within the City. NOW, T]~RREFORE, BE IT RESOLVED BY THE CITY CO~ISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLIDWS: SECTION 1. That Resolution No. 70-89, as supplemented by Resolution No. 76-89, is hereby repealed and the content of such res- olutions is hereby amended and restated in this resolution. SECTION 2. That a bond referendum is hereby ordered to be held in the City on the 21st day of November, 1989, to determine - whether or not there shall be issued the Bonds of the City in the aggregate principal amount of not exceeding $5,180,000 for the Fire Facilities Projects, not exceeding $11,207,000 for the Street, Drainage, Sidewalk, Alley and Beautification Projects, not exceeding $4,605,000 for the Recreational and Cultural Facilities Projects, and not exceeding $500,000 for the Neighborhood Improvement Projects, maturing at such time or times not exceeding twenty (20) years from the date or dates of issuance of said Bonds, bearing interest at a rate or rates not exceeding the legal maximum rate of interest and payable at such times and in such manner, all as shall be determined by subsequent proceedings of the City Commission. The Bonds will be issued for the purpose of financing the costs of the respective Projects including all costs incidental thereto and to pay the costs of issuing the Bonds, and shall be payable from ad valorem taxes -3- Res. No. 77-89 levied and collected in the City (without limitation as to rate or amount) on all taxable property in the city sufficient to pay princi- pal of and interest on such Bonds as the same become due and payable. SECTION 3. That the Projects are for a valid municipal public purpose and therefore, accordingly, subject to approval of the issuance of the Bonds by the qualified electors of the City, the financing of the costs of the Projects shall be payable from the pro- ceeds of the Bonds and such payment is hereby authorized and approved. SECTION 4. That the area of the City in which the City will finance the Neighborhood Improvement Projects shall be bounded by East Atlantic Avenue to the South, the Right of Way line of the FEC Railway to the East, Northeast Second Street to the North and North Swinton Avenue to the West (herein called the "Old School Square Area") . SECTION 5. That each of the Projects shall consist of various components (herein referred to as "Component" or "Components"). The Components comprising each of the Projects, with the estimated costs for each, are more fully described in the report submitted to the City Commission and attached hereto as Exhibit A and by this reference incorporated herein. Notwithstanding the principal amounts assigned to each Component, the actual cost of a particular component may be greater or less than the estimated cost allocated to such Component. If the~ actual cost of a Component is greater than the amount allocated to it in this Resolution, the City may provide for such deficiency from other available funds or from surplus funds that had been allocated to another Component of the same Projects. If the actual cost of a Component is less than that allocated in this Resolution, the City may use such surplus for other Components of the same Projects. If, after application of the foregoing, there remains insufficient funds to complete a Component due to unforeseen cost escalations or failure -4- Res. No. 77-89 to receive anticipated governmental grants or private contributions, or other unexpected circumstances, the City may delete a part of such Component or modify such Component so that such Component may be completed. The City will not delete any Component to generate sur- plus moneys for other Components, nor will it expend Bond proceeds in excess of the amounts allocated to each of the Projects in this Resolution. SECTION 6. That the Bonds may be issued all at one time or in part from time to time as the City Commission may in its dis- cretion hereafter determine by subsequent proceedings. SECTION 7. That Bonds shall not be issued for the Projects unless such Bonds authorized for such Projects shall be approved at the bond referendum by a majority of the qualified elec- tors of the city and voting in such election all in the manner pro- vided in the Constitution and the statutes of the State of Florida. SECTION 8. That polling locations or places shall be 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 opened on the date of said bond referendum from seven o'clock a.m. until seven o'clock p.m. on the same day. Only the duly qualified electors of the City will be permitted to vote in said bond referendum. SECTION 9. That the City Attorney shall prepare and give notice of the bond referendum by causing appropriate notice to be published in accordance with the provisions of Section 100.342 of the Florida Statutes, the City Charter and other applicable provisions of local law at least once a week for five (5) consecutive weeks in the DELRAY BEACH NEWS, a newspaper of general circulation within the City, provided the first publication shall take place in the fifth week prior to the week in which the referendum is to be held, and at least 30 days prior to November 21, 1989. The City Attorney shall secure from the publisher of said newspaper an appropriate affidavit -5- Res. No. 77-89 of proof that said notice has been duly published, as herein set forth, and said affidavit shall be made a part of the record of the City Commission. SECTION 10. That the vote at said bond referendum shall be by electromechanical voting device (the "Device"), as approved by the Florida Department of State pursuant to the Florida Election Code, comprising Chapter 101 of Florida Statutes, and in each polling place there shall be at least one such Device. It shall be the responsibility of the Supervisor of Elections for Palm Beach County, Florida, to have prepared and furnished to the inspectors said Devices in such numbers as shall be required to carry out the intent of this Resolution, and to have prepared and approved by the proper authorities for use in said Devices such ballots as shall be neces- sary to conduct the referendum of the qualified electors of the City relative to the questions of whether the issuance of Bonds in the respective aggregate principal amounts shall be approved to finance the costs of the respective Projects including all costs incidental thereto and to pay the costs of issuance of the Bonds. Ballots in the same general form as hereinafter described shall be available for absentee voting. SECTION 11. That the ballots to be used in said bond referendum shall be substantially in the following form: -6- Res. No. 77-89 BALLOT CITY OF DELRAY BEACH, FLORIDA DECADE OF EXCELLENCE GENERAL OBLIGATION BONDS QUESTION 1 FIRE FACILITIES PROJECTS Shall the City issue general obligation bonds to finance the acquisition, construction, reconstruction and equipping of cer- tain fire facilities and all costs incidental thereto, not exceeding $5,180,000, bearing interest at not exceeding the legal rate, matur- ing not later than 20 years from the date of issuance, payable from the City's ad valorem taxes? __"For Approval" __"Against Approval" QUESTION 2 STREET, DRAINAGE, SIDEWALK, ALLEY, AND BEAUTIFICATION PROJECTS Shall the City issue general obligation bonds to finance the acquisition, construction and reconstruction of certain street, sidewalk, alley, rights of way, drainage and beautification projects and all costs incidental thereto, not exceeding $11,207,000 bearing interest at not exceeding the legal rate, maturing not later than 20 years from the date of issuance thereof, payable from the City's ad valorem taxes? __"For Approval" __"Against Approval" -7- Res. No. 77-89 QUESTION 3 RECREATIONAL AND CULTURAL FACILITIES PROJECTS Shall the City issue general obligation bonds to finance the acquisition, construction and equipping of improvements to cer- tain recreational and cultural facilities within the City and all costs incidental thereto, not exceeding $4,605,000, bearing interest at not exceeding the legal rate, maturing not later than 20 years from the date of issuance, payable from the City's ad valorem taxes? __"For Approval" __"Against Approval" QUESTION 4 NEIGHBORHOOD IMPROVEMENT PROJECTS IN OLD SCHOOL SQUARE AREA Shall the City issue general obligation bonds to provide funding for the acquisition and construction of various neighborhood improvement projects in the Old School Square area of the City, including but not limited to the acquisition of certain properties and existing structures and all costs incidental thereto, not exceed- ing $500,000, bearing interest at not exceeding the legal rate, maturing not later than 20 years from issuance, payable from the City's ad valorem taxes? __"For Approval" "Against Approval" SECTION 12. That the returns of the referendum shall be canvassed in the manner provided by law, and said returns shall be certified to the City Commission, which shall declare the results thereof. Upon canvassing the returns of the referendum, the results of such referendum shall be recorded in the minutes of the City Commission in the manner prescribed by law. -8- Res. No. 77-89 SECTION 13. That said bond referendum shall in all other respects be held and conducted in the manner provided in and by the laws of the State of Florida and the City Charter. SECTION 14. That in the event that. any word, phrase, clause, sentence or paragraph hereof shall be held invalid by any court of competent jurisdiction, such holdings shall not affect any other word, clause, phrase, sentence or paragraph hereof. SECTION 15. That this Resol-ution shall take effect imme- diately upon its passage. PASSED AND ADOPTED in special session on this 16th day of October, 1989. CITY OF DELRAY BEACH, FLORIDA ATTEST: By: ~~ Mayor Cit-y dlerk -9- Res. No. 77-89 Revised: October 12, 1989 DECADE OF EXCELLENCE BOND ISSUE PROJECTS AND PROGRAMS MAJOR AREA TOTAL 1. Streets, Drainage, .Sidwalk, Alley and Beautification: 511,207,000 Reconstruction of streets $2,772,000 Pavement 52,000,000 Drainage $ 772,000 Reconstruct additional streets to be selected from the pavement study: 51,000,000 Streets which require reconstruction have been identified in pavement management studies conducted by the City. Reconstruction involves removal of existing rock base and asphalt, and construction of new road with 8" of rock and 1 1/2" of asphalt. Drainage will be designed on a street by street basis, utilizing swale drainage as much as possible. When completed, citizens will note smooth surfaces, devoid of pot holes and puddles. S.E./S.W. 10th Street four-lane Federal to Germantown: $2,000,000 Project involves widening to four lanes complete with curb and gutter, drainage and sidewalks. Road improvements required to provide parallel route to Linton Boulevard and to attract potential development. This popular east/west route will become a safer roadthrough its widening. Northwest area drainage: 51,300,000 Northwest Drainage project consists of storm drainage (inlets, manholes, exfiltration trench and piping) necessary to relieve street and yar~ flooding. Service area is bounded by West Atlantic Avenue, N.W. 3rd Avenue, N.W. 4th Street and 1-95. Residents in this northwest area should find less flooding around their properties when the drainage is properly installed. ReconStruct N.E. 7th Avenue from Atlantic to N.E. 1st Street: 5 100,000 This project involves the removal of existing asphalt, regrading-of rock base, installation of required drainage, then resurfacing of roadway. Shoppers heading for the back parking lot of the Atlantic Plaza will find smoother travelling following the reconstruction of the road. Drainage improvements to S.E. 1st Street from U.S. 1 to the Intracoastal Waterway: 5 200,000 This improvement was identified as a part of the Downtown Drainage Study. The existing drainage pipe is undersized and in disrepair. Drainage improvements Lowson from the E-4 Canal to Homewood: 5 200,000 This project is designed to relieve an existing moderate drainage problem at the intersection with Homewood Blvd., as well as a series of smaller drainage problems along the street eastward to the E-4 Canal. Our western residents who utilize Homewood Blvd., for their local travels will no longer drive through puddles caused by improper drainage. Selected alleys east of Swinton, from N.E. 4th to S.E. 4th Streets: $1,000,000 This project involves paving and drainage improvements to alleys which · will be identified by an "in-house" Engineering Department study. The selected alleys will be in the commercially zoned portions of the study area only. Sidewalk S.W. 4th from Atlantic to Miller Park: $ 80,000 This project involves the construction of a sidewalk to provide for safe pedestrian travel. The proposed sidewalk will serve school children, park users, as well as general pedestrian traffic. It will connect with a path system at Miller Field and will extend to Tropic Palms. The sidewalk will make walking safer for Plumosa Elementary School children who will be able to safely walk from their school north to Atlantic Avenue or south to Miller Field. Sidewalk Pompey Park area: $ 20,000 Project will provide safe pedestrian travel for park users and general pedestrian traffic in the area. Sidewalks are proposed along N.W. 2nd Street, N.W. 13th Avenue, N.W. 3rd Street and N.W. 10th Avenue. Residents around the area of Pompey Park will notice the safe access to the recreation center from surrounding neighborhoods due to construction of the sidewalks. Sidewalk- N.E. 8th Street at F.E.C. Railroad tracks: $ 40,000 This project will provide for safe pedestrian travel across the railroad tracks between N.E. 3rd Avenue and U.S. 1. Bicyclist's and pedestrians will be able to cross the tracks smoothly and safely due to this sidewalk construction. Atlantic Beautification east of Intracoastal WaterwaY: $1,000,000 This project provides continuity from the improvements made west of the Intracoastal Waterway. Paver blocks will replace sidewalks and decorative street lights added. New sod and irrigation will be replace existing, greenspace within right-of-way. Beach patrons who stroll along Atlantic Avenue, and beach-side merchants will observe the results of this beautification project. Swinton Beautification from South 10th Street to North City Limits: $ 500,000 This project involves a concentration of efforts in the historic districts (North 8th Street to South 2nd Street); second emphasis is on the length between South 2nd Street and South 10th Street; and then for the length north of 8th Street as needed. Activities include planting of street trees, improved swales, sidewalk grates, antique street lights at intersections, some curb and gutter work where needed to preserve landscaping. Extension of downtown improvements along Atantic west to 1-95: $ 200,000 This project provides for continuity with beautification of Atlantic between Swinton and the Intracoastal Waterway. It includes replacement of sidewalks with paver blocks and landscape improvements. The beautification of West Atlantic Avenue unifies the Avenue by continuing improvements made in 1988 in the core of the downtown. The gateway to our City will have a cleaner, safer look due to lighting improvements and upgrading of sidewalks. Atlantic Beautification 1-95 to Military Trail: $ 238,000 -2- This project involves landscaping of medians. It includes new sod, plantings, trees and irrigation. Again, our gateway street will be enhanced by providing a continuity in beautification objectives. Atlantic Avenue is a major gateway accessing State Road 441, the Florida Turnpike, 1-95, Federal Highway and AiA. Barwick Beautification from Atlantic Avenue northward: $ 57,000 This project entails the planting of trees on the sides of the road every 50 lineal feet. The landscaping must be established with a watering truck and supplemental waterings in extremely dry periods. Residents in the western part of the City, and visitors to Barwick Park will notice the new greenery when the project is completed. Spady Elementary School: $ 500,000 Improvements to streets in the area of Spady Elementary School as called for in the "Sharing for Exellence in Schools 1990" Plan. 2. Neighborhood Improvements: $ 500,000 This money shall be used for the acquisition and construction of various neighborhood improvement projects in a general area bounaed by East Atlantic Avenue to the south, Right-of-way line of the FEC Railroad to the east, Northeast Second Street to the north and North Swinton Avenue to the west also known as the Old School Square area of the City. This project shall include but are not limited to the acquisition of certain properties and existing structures. 3. Recreational and Cultural Facilities Projects: $4,605,000 Miller Field- south 10 acres: $ 375,000 This project will be developed in conjunction with the Baseball School. The school will provide funding for construction of a major league field, multi-purpose field. The City will provide an entrance road, parking lot, additional ballfields, sodding, irrigation, wells, fencing, lighting, concession stand, press box, landscaping and walkways. Miller Field, now being known as Little Fenway and containing a replica of "The Green Monster" is already an attraction in Delray. But ,more importantly, the number of young people waiting to take part in sports due to a shortage of playing fields will have a better chance of playing in sports when these improvements are completed. Veteran's Park Improvements: $ 500,000 This involves redevelopment to make the park and Adult Recreation Center more compatible and unified. The ARC will be re-designed for more active programming for all ages. Redevelopment of the park includes construction of a gazebo for concert series, waterside walkways, irrigation, sod, landscaping and lighting. For the past two years, the Chamber of Commerce has used the park to host major concerts such as Gary Puckett and the Union Gap and The Association as part of the Delray Affair. Concerts and other cultural events held in the park bring the community together in the heart of downtown. Currie Commons Improvements: $ 230,000 This property is used by the City through a lease agreement with the American Legion. The project involves redevelopment to include two ball diamonds, a multi-purpose field, parking, lighting, irrigation, sod, press box and concession stand. This park, located in the Southeastern section of the City, west of Federal Highway, will accent the surrounding neighborhood and provide additional playing fields for a waiting last of little-league players. . Ballfield Lights at two fields: $ 200,000 -3- Ballfield~ at Carver Middle School, Atlantic High and Plumosa are all in need of lighting. Through our joint-use agreement with the School Board, these fields would be primarily used to serve youth organizations and adult softball leagues. The lighting not only allows these facilities to be used in the evening hours, it makes for safer neighborhoods. Pompey Park Improvements: $ 110,000 This involves addition of a ball diamond, lighting and parking improvements. These improvements to this 10-year old center will add to its value and that of the surrounding neighborhood. Additional recreational facilities provide an opportunity for our youth to take part in an organized, active lifestyle. Community Center: $ 190,000 This provides for a new floor and lighting in the gymnasium and construction of two tennis courts behind the center. The gymnasium is sued by seniors citizens and After-School Program children alike on a consistent basis. The tennis courts round-out the recreational programs offered at the center. Golf Course Improvements: $ 400,000 Improvements made will be contingent on the results of a master plan. Improvements will include, not be limited to, Clubhouse renovations and repairs; and course improvements to greens, fairways, tees and other appurtenances. Residents of Delray Beach enjoy a lifestyle full of recreational opportunities. Providing improvements to the golf course will help enhance these opportunities. Old School Square Improvements: $2,600,000 This is a historical renovation and restoration project of the 1926 school building and gymnasium at the Old Delray Beach Elementary SChool site. Project includes roof replacement, installation of a central air conditioning system, installation of new windows, electrical and lighting system replacement, removal and replacement of various wall treatments and painting of the facility. Also included will be landscaping, construction of the walkways, fountain and outside exhibit areas and off site parking facilities. Total project cost is estimated'at $5.2 million with additional funding to come from private donations and state grants. 4. Fire and Facilities $5,180,000 Fire Headquarters/Station No. 1 (New): $2,850,000 Construction of Fire Headquarters and construction of a replacement for Fire Station No. 1. Fire Station No. 1 would be located either on Atlantic or at the north end of the City Hall complex on N.W. 2nd/Martin Luther King Blvd. These are replacement construction projects for the present Central Fire Station and administrative facilities built in 1955. The facilities will be utilized to house the emergency equipment and staff; administrative offices, fire prevention bureau, training facilities and various ancillary fire support functions. Fire Station No. 5 (new): $ 814,000 A new fire station to serve the southwestern section of the City. This location will improve response times and provide better services to the southwest area of the City. The facility is envisioned to be a one story, 6,000-square-foot structure with an engine and a rescue. Fire Station No. 3 (renovation): $ 380,000 This project is a renovation of Fire Station %3 located at 651Linton Boulevard which would add approximately 3,500-square feet to the facility. The additional space is needed for training, fitness apparatus, equipment storage, and administrative services. The additional will meet current and future needs for the facility. Fire Station No. 4 (renovation): $ 90,000 This project is a renovation of Fire Station #4, located at 4321 Lake Ida Road which would add approximately 1,100 square feet to the facility. The additional space is needed for training, fitness equipment storage, and administrative services. The addition will meet current and future needs for the facility. New fire equipmeht: $1,046,000 One Quint (pumper/ladder): $310,000 This is a project for the purchase of a combination 1,000 GPM Pumper and 55-foot aerial apparatus to be located at proposed Fire Station #5. This is an additional unit and would provide expanded service in the southwestern section of the City to improve response time in this area and provide additional capability throughout the community. Three replacement pumpers, rebuild existing snorkel, and one new Tanker/Brush Truck: $736,000 This is an apparatus replacement program which will replace three pumpers, 16 years to 22 years old, with new apparatus of modern design and greater capability. The 16-year old pumper will be placed in reserve status. The Brush Truck replacement is a continuation of the replacement program. The present Brush Truck is a 1956 model. The rehabilitation of the existing Snorkel will extend the service life of our present 85-foot aerial truck more cost effectively than purchase of a replacement. Included would be a new engine/drive train, additional compartments for special equipment, upgrading of hydraulic systems and safety devices, and refurbishing of the body. Grand Total: $21,492,000 -5-