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Res 90-89 RESOLUTION NO. 90-89 A RESOLUTION OF THE CITY CO~9~ISSION OF THE CITY OF DELRAY BEACH, FLORIDA, WITH RESPECT TO THE RESULTS OF THE BOND REFERENDUM OF THE QUAY.TFIED ELECTORS OF THE CITY HELD IN THE CITY OF DELRAY BEAC~{, FLORIDA, ON ~ 21, 1989, ON THE QUESTION OF WHETHER THE cITy SHOULD ISSUE GENERAL OBLIGATIONS BONDS FOR THE PURPOSE OF FINANCING THE (A) ACQUISITION, CONSTRUCTION, RECONSTRUCTION AND ~3IPPING OF CERTAIN FIRE FACILITIES IN THE PRINCIPAL AMOUNT OF NOT EXCEEDING $5,180,000, (B) ACQUISITION, CONSTRUCTION AND RECONSTRUCTION OF CERTAIN STREET, SIDEWALK, A~.TRY, RIGHTS OF WAY, DRAINAGE AND BEAUTIFICATION PROJECTS IN THE PRINCI- PAL AMOUNT OF NOT EXCEEDING $11,207,000, (C) ACQ~3ISITION, CONSTRUCTION AND EQUIPPING OF IMP~OV~TS TO CEI~TAIN REC- REATIONAL AMD CULTURAL FACILITIES IN THE PRINCIPAL AMOUNT OF NOT EXCEEDING $4,605,000 AND (D) THE ACQUISITION AND CONSTRUCTION OF VARIOUS NEIGHBORHOOD IMP~OV~T PROJECTS IN THE PRINCIPAL AMOUNT OF NOT EXCEEDING $500,000; CANVASSING THE RETURNS OF SAID ~ AND DECIARING 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. 77-89 duly adopted on October 16, 1989 (the "Resolution"), did propose the issuance of gen- eral obligation bonds of the City of Delray Beach, Florida (the "City") in the aggregate principal amount of not exceeding $21,492,000 (the "Bonds") and pursuant to such Resolution, the commission ordered a bond Referendum (the "Referendum"), to be held on November 21, 1989, for the purpose of placing before the qualified electors of the City for their approval or disapproval the question of whether the City should issue the Bonds to finance the following projects, which Bonds, with respect to each of the projects may be issued in not exceeding the aggregate principal amount hereinafter set forth following that project: Fire Facilities Projects--$5,180,O00; Street, Drainage, Sidewalk, Alley and Beautification Projects--S11,207,000; Recreational and Cultural Facilities Projects--S4,605,000; Neighborhood Improvement Projects--S500,000, as such projects (collectively, the "Projects") are more fully described and defined in the Resolution, such Bonds bearing interest at the rate or rates not exceeding the maximum rate permitted by law; and said Resolution having further provided and Res. No.90-89 directed that notice ~f said Referendum is given by publication in accordance with state law and the City Charter; and WHEREAS, due and regular notice of said..Referendum has been published in the DELRAY BEACH NEWS, a newspaper of general circula- tion in the City, and said publication having been made once during the fifth, fourth, third, second and first weeks prior to the week in which the Referendum was held, to wit: November 21, 1989; and WHEREAS, said Referendum was held on November 21, 1989 and was voted on by the qualified electors of the City; and WHEREAS, the Supervisor of Elections of Palm Beach County, Florida (the "Supervisor of Elections") 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 cody of the certificate certifying the results of the Referendum to the Florida Department of State (in sub- stantially 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 so deliv- ered to this Commission by the Supervisor of Elections, as aforesaid, reflect that the total numbers of votes cast in said Referendum by such qualified electors residing in the City approved the issuance of Bonds for the Fire Facilities Projects in the aggregate principal amount of not exceeding $5,180,000; approved the issuance of Bonds for Street, Drainage, Sidewalk, Alley, and Beautification Projects in the aggregate principal amount of not exceeding $11,207,000; approved the issuance of Bonds for Recreational and Cultural Facilities Projects in the aggregate .. Res. No.90-89 - 2 - principal amount of not exceeding $4,605,000; approved the issuance of Bonds for Neighborhood'~mprovement Projects in the aggre- · gate principal amount of $500,000 NOW THEREFORE, BE IT RESOLVED BY T~E CITY ~SSION OFT HE CITY OF DELRAY BEACH, FLORIDA, AS FOLIDWS: 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 Projects as follows: FIRE FACILITIES PROJEC~ 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? (a) The total number of votes cast in such Referendum by said qualified electors residing in the City "For Approval" of the issuance of the Bonds for the Fire Facilities Projects was 3,539 . (b) The total number of votes cast in such Referendum by said qualified electors residing .in the City "Against Approval" of the issuance of the Bonds for the Fire Facilities Projects was 1,726 (c) A majority of the votes cast in such Referendum by such qualified electors in the City approved of the issuance of the Bonds submitted at such Referendum for the Fire Facilities Projects. Res. No.90-89 - 3 - STREET, DRAINAGE, SIDEWAI~K, 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? (a) The total number of votes cast in such Referendum by said qualified electors residing in the City "For Approval" of the issuance of the Bonds for the Street, Drainage, Sidewalk, Alley and Beautification Projects was 2,949 (b) The total number of votes cast in such Referendum by said qualified electors residing in the City "Against Approval" of the issuance of the Bonds for the Street, Drainage, Sidewalk, Alley and Beautification Projects was 2,282 . (c) A majority of the votes cast in such Referendum by such qualified electors in the City approved of the issuance of the Bonds submitted at such Referendum for the Street, Drainage, Sidewalk, Alley and Beautification Projects. RECREATIONAL AND CULTURAL FACILITIES PROJECTS Shall the City issue general obligations 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? (a) The total number of votes cast in such Referendum by said qualified electors residing in the City "For Approval" of the issuance of the Bonds for the Recreational and Cultural Facilities Projects was 2~804 . (b) The total number of votes cast in such Referendum by said qualified electors residing in the City "Against Approval" of the issuance of the Bonds for the Recreational and Cultural Facilities Projects was 2,592 (c) A majority of the votes cast in such Referendum by such qualified electors in the City approved of the issuance of the Bonds submitted at such Referendum for the Recreational and Cultural Facilities Projects. Res. No.90-89 - 4 - NEIGHBORHOOD IMPROVEMENT PROJECTS 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 ~xceed- 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? (a) The total number of votes cast in such Referendum by said qualified electors residing in the City "For Approval" of the issuance of the Bonds for the Neighborhood Improvement Projects was 2,779 (b) The total number of votes cast in such Referendum by said qualified electors residing in the City "Against Approval" of the issuance of the Bonds for the neighborhood Improvement Projects was 2,553 (c) A majority of the votes cast in such Referendum by such qualified electors in the City approved of the issuance of the Bonds submitted at such Referendum for the Neighborhood Improvement Projects. SECTION 2. That said Referendum was in all respects con- ducted in accordance with law, and that all steps in connection with and preceding such Referendum have been duly, regularly and lawfully taken and had, and that all provisions of the Statutes and Constitution of the State of Florida, the City Charter and City Ordinances have been duly complied with. 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 attached hereto as Exhibit A (the "Certificate") and that the Commission shall secure an affidavit of publication from the publisher of the DELRAY BEACH NEWS attesting to the publications of the notice of the Referendum (the "Affidavit"). Res. No.90-89 - 5 - SECTION 4. That said returns shall be entered and recorded in the minutes of the Commission; and this Resolution, the Affidavit and the Certificate shall be recorded in the minutes of the Commission. SECTION 5. Ail resolutions or parts thereof in conflict or inconsistent herewith are hereby repealed insofar as any conflict or any inconsistency exists. SECTION 6. This Resolution shall take effect immediately upon its adoption. Passed and adopted in special session on this 22ndday of November , 1989. ATTEST: CITY OF DELRAY BEAm, FLORIDA ~m~°rk ~ _ By: Mayor / ~ City Res. No.90-89 - 6 - EXHIBIT A CERTIFICATE OF CITY CANVASSING BOARD CITY OF DELRAY BEACH, FLORIDA BOND REFERENDUM NOVEMBER 21, 1989 STATE OF FLORIDA PALM BEACH COUNTY Pursuant to the requirements of Section 100.351 of the Florida Statutes, we, the undersigned, Doak S. Campbell, III, Mayor of the City of Delray Beach, Florida, Mary McCarty, City Commissioner, Patricia Brainerd, City Commissioner, Jimmy Weatherspoon, City Commissioner, William Andrews, City Commissioner, do hereby certify that on the 21st day of November, A.D., 1989, 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, Bond Referendum, the whole number of votes cast was 2.!,224 Votes of which number the city electors voted in the following manner in con- nection with the general obligation bonds for each of the Projects listed below. FIRE FACILITIES PROJECT~ For Approval received 3,539 Votes Against Approval received 1~726 Votes STREET, DRAINAGE, SIDEWALK, ALI2~Y, AND BEAUTIFICATION PR(IIECTS For Approval received 2~949 Votes Against Approval received 2~282 Votes RECREATIONAL AND CULTURAL FACILITIES PROJECTS For Approval received 2,804 Votes Against Approval received 2,592 Votes NEIGHBORHOOD I~PRO~S PROJECTS For Approval received 2,779 Votes Against Approval received 2~$53 Votes Witness our hands and seal, 'this the 22nd day of November, A.D., 1989. M~m~e~; Cit'y Commission Member, City Commission embe~/City CommisSion Mary McCarty - Absent Member, City Commission -2-