Agenda Special 10-14-03
DElRAY BEACH
~
CITY COMMISSION mr
CITY OF DELRAY BEACH. FLORIDA
SPECIAL/WORKSHOP - TUESDAY. OCTOBER 14, 2003
6:00 P.M. FIRST FLOOR CONFERENCE ROOM 1993
2001
The City will furnish appropriate auxiliary aids and services where necessary to afford an individual
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 Commission Chambers.
SPECIAL MEETING AGENDA
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. PROPOSAL FOR SETTLEMENT IN JAMES TYLKE v. CITY OF DELRAY BEACH:
Consider a Proposal for Setdement in the amount of $25,000.00 in James TyIke v. City of Delray
Beach.
WORKSHOP AGENDA
1. Old School Square Master Plan Task Team Report
2. Policy on Lien Reductions
3. Legislative Agenda/Priorities for 2004 (Kathleen Daley will be present to give her perspective)
4. Review of Goal 1: Expanded Downtown: From AlA to 1-95
5. Review draft of Parks Bond Issue resolution and ballot language
6. Commission Comments
...............................................................................
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 meeting, 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.
[IT' DF DElRA' BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH. FLORIDA 33444
TELEPHONE 561/243-7090' FACSIMILE 561/278-4755
DELRA Y BEACH Write(s Direct Line: 561/243-7091
, l 0 . , D ...
- MEMORANDUM
~II~ DATE: October 10, 2003
TO: City Commission
David Harden, City Manager
FROM: Susan A. Ruby, City Attomey
SUBJECT: James Tvlke v. Citv of Delrav Beach
We have received a renewed offer of settlement wherein the Plaintiff agrees to pay
the City $25,000.00 in attorney's fees and costs and will not go forward with an
appeal of the case. It is estimated that attorney's fees and costs will be
approximately $70,000.00.
By Tuesday, I am expecting to have information on the costs the City might incur
in an appeal and a recommendation on the matter.
Please place this matter on the City Commission Special Meeting Agenda for
Tuesday, October 14, 2003 for City Commission approval.
fin
Cc: Barbara Garito, City Clerk
Steve Radford, Esq.
Fred Gelston, Esq.
S~.l
Worksheet
Old School Square Master Plan Task Team
Acquisition of Properties
Goodwill Building, Costin's warehouse, CRA parking lot,
Love's Drug building, Craig's Furniture Warehouse building
TOTAL $ 8,000,000
Construction
Park $ 2,100,000
Parking Garage (463to 685 spaces) $ 6 to 8 million
Museum (25,000sqJt) $ 9,000,000
Total Cost $ 25,000,000 to 27,000,000
Funding Sources
Palm Beach County Grant $ 1,000,000
Community Redevelopment Agency $ 3,000,000 +
Sale of Rentable Space $ 1,200,000 to 3,300,000
In lieu parking $ 150,000 to 700,000
State Parks Grant $ 2,800,000
Parking Revenues $ 300,000 per year
Atlantic Retail options $ 1,000,000
City Bond $ 7,000,000
Museum private fundraising $ 9,000,000
Total Revenues $ 25,450,000 to $ 28,100,000
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Community
Improvement
Memo
To: David Harden, City Manager ~
From: Lula Butler, Director, Community Improvement
Date: October 9, 2003
Reo Proposed Policy Goveming the Granting of Municipal Lien Reductions
ITEM BEFORE THE COMMISSION:
Review and consideration of the policy proposed by staff that will govem City Commission
actions on individual requests to release and/or reduce Municipal Liens associated with the
acquisition of properties throughout the City.
BACKGROUND:
The City Commission has considered requests from individuals and/or agencies in the past to
release or reduce outstanding liens assessed on properties normally located within the center
core or revitalization/rehabilitation areas. The Commission has supported total release of
liens when the request has come from one of our non-profit partners and the CRA in support
of providing affordable housing under the Renaissance Program. In other instances, the
Commission has been supportive and authorized the reductions of liens in the amounts equal
to the accumulated interest and administrative fees, opting to recapture the City's actual out
of pocket costs associated with the abatement of nuisances on these properties.
Staff has received an increased number of requests to reduce liens on properties acquired
either through tax certificates, the County's land's available list or private acquisitions. It
appears that there are a significant number of investors assembling land, especially in the
areas between 1-95 to Federal Highway, Lake Ida Road south to Linton Boulevard. The
Commission directed staff to develop a policy for their consideration that would provide a fair
and equitable process and criteria for their purview in considering future requests of this
nature.
We considered a number of factors that have impacted either staff resources, the removal of
blighted conditions within a neighborhood, and the City's revitalizations goals and outcomes
in developing the proposed process and criteria. The proposed Process and Guidelines for
submitting request to the Commission for removal or deductions of Municipal Liens is
attached for your reference.
1 YJ S.;;L
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CITY OF DELRA Y BEACH
REQUEST FOR REDUCTION OF MUNICIPAL LIENS
GENERAL GUIDELINES AND PROCESS
The City Commission may receive and consider requests for reducing Municipal Liens
assessed on properties located within areas designated as "Revitalization" "Rehabilitation" or
"RedevelopmenF under the approved Comprehensive Plan under the following conditions:
1. Requests for reduction of liens may be considered by the City Commission when
submitted through the Department of Community Improvement on the approved forms
from an individual, non-profit agency, the Community Redevelopment Agency or other
for profit Investment Corporations and businesses.
2. A non-refundable processing fee in the amount of $100 shall be paid at the time of the
formal request
3. The City Commission may approve the reduction of Municipal Lien requests pursuant to
the following criteria:
a. CRA and Non-Profit partners participating in the City's Renaissance
Affordable Housing Progtam - liens may be reduced by up to 100% in support
of creating affordable homeownership opportunities or for general public benefit
as defined under the CRA initiatives.
b. Individuals and For-Profit Investment Corpotations or other businesses -
liens may be reduced up to the total amount assessed for interest and
administrative fees only. The City's actual out-of-pocket cost must be paid. The
Commission may consider hardships or other unusual circumstances in
determining the amount of reduction to be approved. The Commission may
also require the submission of a building permit application for identified
improvements to the property prior to the release of liens.
c. All required payments shall be paid within 30-days of City Commission approval.
Payments not made within this time period will forfeit the approved reduction.
The satisfaction of liens or deductions will not be recorded in the official records
until the outstanding balance is paid and/or other stipulations imposed by the
Commission are met
This policy is directed at Municipal Liens only; other liens such as utilities or those assessed
by the Code Enforcement Board may also be recorded on properties.
The process will be as follows: (Requester)
. Submit the completed "Request for Reduction of Municipal Lien" Form (attached)
along with a non-refundable check or cash payment in the amount of $100 to the
City of Delray Beach, Director of Community Improvement, 100 ~ 1" Avenue,
Delray Beach.
. Attach to the request form proof of ownership or purchase contract
. Page 2
~-- -----.------
The Community Improvement Department will:
. Analyze outstanding liens and determine interest, administrative and actual out-
of-pocket cost amounts;
. Formulate staff recommendation conceming lien reductions;
. Notify the requester conceming the staff analysis and recommendation, and
. Schedule the lien reduction request for City Commission approval and notify the
applicant of the date and time of the agenda item.
RECOMMENDATION:
Staff is recommending City Commission consideration of the proposed policy goveming the
process and guidelines for request to reduce Municipal Liens as provided for in this
transmittal memorandum and direction to staff for desired changes and/or additions.
LBlAlIachment
. Page 3
- -~- -...-..-..,---
City of Delray Beach
Department of Community Improvement
REQUEST FOR REDUCTION OF MUNICIPAL LIENS FORM
I. Please complete the information listed below as the requester for lien reduction.
. Requester's Name (if business, please list company name and contact person):
. Address:
. Contact Telephone Number:
. Fax Number:
. E-mail address:
2. Please indicate if the company listed in I, above (if applicable) is:
D For Profit
D Non-Profit
3. Property information - Describe the property for which this request is being made:
. Address:
. Property Control Number (PCN):
12-__-__-__ - __ - ___ - ____
. Legal Description:
4. Property acquisition information:
. Date of Purchase:
. Method of Purchase - Warranty Deed, Tax Certificate, etc.:
. Purchase Price $
5. Briefly describe exactly what you are requesting from the City:
6. Briefly describe the purpose for which subject property will be utilized and your
proposed timetable for implementing such use:
7. Have you requested lien reductions at any other time from the City of Delray Beach?
If so, when and on what property:
Owner (or owner's agent) Signature Date Submitted
Agent's Title
Date: October 9, 2003 AGENDA ITEM NUMBER: \N S. a..
.~
._ ....1<.
AGENDA REOUEST
Request to be placed on:
_ Consent Agenda _ Regular Agenda _X_ Workshop Agenda _ Special Agenda
When: October 14, 2003
Description of agenda item (who, what, where, how much):
Policy Proposed By Staff That Will Govern City Commission Actions On Individual
Requests To Release And/Or Reduce Municipal Liens Associated With The Acquisition Of
Properties Throughout The City.
~:=:ntHead ~~~_~ A ~
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No Initials:
Account Number
Description
Account Balance:
Funding Alternatives: (if applicable)
City Manager Review:
Approved for Agenda8/ No Initials:+
Hold Until:
Agenda Coordinator Review:
Received:
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER l7l1
SUBJECT: AGENDA ITEM #"""S~WORKSHOP MEETING OF OCTOBER 14. 2003
2004 LEGISLATIVE AGENDA
DATE: OCTOBER 10, 2003
We have attached the Palm Beach County League of Cities, Inc. 2004 Legislative Agenda for your
reference and review. Kathy Daley will be present to share her perspective on the upcoming
sessIOn.
S:\City Clerk\agenda memos\LegisIative Agenda 2004.10.14.03
City of Delray Beach
Memo
To: City commiss~
From: City Manager
CC:
Date: 10/9/2003
Reo Legislative Issues of 2004
The following list is a compilation of issues identified by the Commission and City Staff as legislative
issues for the upcoming session of the legislature. The Commission will have the opportunity to
discuss this list with members of the delegation as you have occasion to meet them prior to the session
starting in March.
1. Rewrite of the Community Redevelopment Act (Pari III of Chapter 163, F.S.)
We expect a major effort by the Florida Association of Counties to give counties more control of
CRA's and also to reduce or eliminate county funds flowing to CRA's inside cilies.
2. Billboard Legislation
The state should allow Cities the right to require removal of billboards as a condition of a
development order, or to amortize billboards not in conformance with the City's zoning code.
3. Criminal Justice/Juvenile Justice
a) Support legislation to allow photographic enforcement of red light running in Palm Beach
County.
b) Support financial assistance in acquiring and remodeling facilities for the Youth Enrichment
Vocational Center. The model for our program, the Youth Automotive Training Center in
Hollywood, is well proven as affective in turning at risk youth from a criminal career to being
contributing members of society.
4. Parks and Recreation
Support continued funding for the Florida Recreation Development Assistance Program.
. Page 1
5. Water Supply
The South Central Regional Wastewater Treabnent and Disposal Board facility currently reclaims
only about 25% of its effluent to use for irrigation. An add~ional 12 MGD could be reclaimed
instead of being discharged to the ocean, where it may contribute to algae on our reefs, but we
need help with the cost. Using more treated sewage effluent for irrigation will reduce use of surface
waters and water from the surficial acquifer for such purposes. The South Florida Water
Management District formerly gave grants for this purpose, but these funds have now been
diverted to pay the District's share of the Everglades Restoration. Additional treatment and
distribution facil~ies would cost $12-18 million. State assistance is requested in the amount of
$3,000,000.
6. Sludge Pelletization Facility
Support funding for the state share, $1,875,000, of the proposed regional sludge pelletization
facility to be operated by the Palm Beach County Solid Waste Authority to serve Palm Beach,
Martin and St. Lucie Counties and their municipalities. This $12,500,000 facility will reduce by
4,100 tons annually land application of phosphorus in the Everglades, Lake Okeechobee, and
Indian River Lagoon watersheds. We are also seeking $6,000,000 from the federal government,
$1,125,000 from the South Florida Water Management District and $3,500,000 from the
participating utilities.
7. Funding Issues
The State budget is going to be very difficult again this year, and the legislature will be tempted
again to balance their budget by transferring certain costs and services to the local level. One
example is the imposition of filing fees for municipal ordinance violations. We need to urge our
legislators to ensure that municipal revenue sources are not diverted for state purposes and costs
are not shifted from the state to local government.
. Page 2
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[ITY DF DELIAY BEA[H
CITY AnORNEY'S OFFICE 200 NW 1st AVENUE' DEL RAY BEACH. FLORIDA 33444
TELEPHONE 561/243-7090' FACSIMILE 561/278-4755
DELlA Y BEACH Write(s Direct Une: 561/243-7091
, l 0 . lOA
- MEMORANDUM
~lIr DATE: October 9, 2003
TO: Mayor Jeff Perlman
City Commissioners
David Harden, City Manager
FROM: Susan A. Ruby, City Attorney ~
SUBJECT: Proposed Leaislative Chanaes
Below are some legislative changes that I think would be beneficial to cities:
1. Removal of requirements to pay for billboards if they are required to be
taken down -- establishing for amortization instead.
2. Giving code enforcement board liens and nuisance abatement liens the
same status as tax liens when it comes to priority.
3. Clarify the Florida One Call System, so that if a municipality has old pipes in
the ground and is not sure where they are located and informs the
contractor of such fact, the contractor shall be responsible for any ensuing
damage.
4. Clarify that under 768.28 F.S. that a plaintiff may name the City or the
employee, but not both in the same lawsuit or a parallel lawsuit on the same
incident.
5. Provide for expressly in the forfeiture statute that vehicles may be
impounded pursuant to administrative processes when used in the
commission of a crime, and that the state does not intend to pre-empt the
field in this area.
6. Repeal the part of HB 113A that requires cities to fund the filing fees for
municipal ordinance violations.
SAR:ci
I I
............'..,...... The Palm Beach County
.. .... . ... League of Cities, Inc.
Board of Directors Meetings
2nd Wednesdays
- Governmental Center, WPB
General Membership Meetings
4th Wednesdays - various Host Cities
Mailing Address:
Palm Beach County League of Cities, Inc.
PO. Box 1989, Governmental Center
West Palm Beach, FL 33402
-Office Address:
Governmental Center
10th Floor, Suite 1002.17
301 North Olive Avenue
West Palm Beach, FL 33401
Telephone (561) 355-4484. (Fax) 355-6545
League Staff:
.James Titcomb 2.' 004
Executive Director . .. .
(561) 355-4484. (Fax) 355-6545
jtitcomb@co.palm-beach.f1.usLegl"slatl"V.e
Carla Valcarcel .
Manager Member Service .
(561) 355-4484 . (Fax) 355-6545 Ag end a
cvalcarc@co.palm-beach.fLus ' .. .
League Attorney:
Tr~laWhite, Esquire The League's
Corbett & White L I R . I
309 Lake Avenue oca , eglona ,
Lake Worth; Florida 33460 State & Federal
(561) 586-7116' (Fax) 586-9611 . .
trelajw@bellsouth.net Priority Issues
~ The Palm Beach County www.leagueofcities.com ~
~ LEAGUE OF CITIES, Inc. www.leagueofcities.org
I 2004 Legislative Booklet.p6S 1 $/23/03. , :39 PM I
._~---
I
Welcome Federal Issues
The purpose Of the Palm Beach County League of Cities' Homeland Security
Legislative Agenda is to articulate, advocate, promote
and advance issues that are important to and significantly Municipal Police, Fire and Emergency Management
'impact municipalities within Palm Beach County. personnel are our nation's first defense against terrorism
and natural disaster. In this post 9-11 world, municipalities
Our Mission Statement are stretched to the max in resources and finances in
order to secure the homeland and our communities. The
Chartered in .1969 as a nonprofit corporation by and for Federal Govemment must provide additional funding and
municipalities__. The purpose of the League of Cities is expedite its delivery to local jurisdictions if we are to
'to promote and advance the best collective interests of survive the challenges of this new paradigm.
the municipalities of Palm Beach County, Florida; to study Transportation Projects & Funding
municipal problems and seek solutions to them through
cooperative efforts; to encourage and work for the welfare Reauthorization of TEA-21 funding is vital to our region
of the citizens of the municipalities of Palm Beach for transportation initiatives. The newly created Regional
County, providing the best quality of life possible county- Transportation Authority (RTA) enacted by the 2003
wide. Florida Legislature gives South Florida a mechanism to
Our 37 Municipalities by District collect and implement transportation dollars for vital
regional and intermodal projects.
District 1: Beach Renourishment & Management
Juno Beach, Jupiter, Jupiter Inlet Colony, The beaches of our area are more than just a beautiful
Lake Park, Mangonia Park, North Palm Beach, natural resource that anchors a major ecosystem; they
Palm Beach, Palm Beach Gardens, Palm Beach are a major economic development engine for the nation's
Shores, Riviera Beach & Tequesta. eco-tourists and vacationers alike. Providing ultimate
District 2: recreational opportunity and a travel destination for dollars
critical to our local economies, a small continual
Cloud Lake, Glen Ridge, Haverhill, Lake Clarke investment in the renourishing and maintaining the pristine
Shores, Palm Springs, Royal Palm Beach, condition of our beaches, dunes and surrounding
, West Palm Beach & Wellington. ecosystems is critically important to us as well as national
interests.
District 3: Head Start
Atlantis, Boynton Beach, Greenacres, HY~OIUXO,
Lake Worth, Lantana, Manalapan, South aim Local Govemments oppose the proposal to send Head
BeaGh & ViII"(JA nf Gnlf Start funding in the form of block grants to the state for
redistribution. Thjs appropriation should remain a Federal
District 4: to Local Govemment direct methodology.
Boca Raton, Briny Breezes, Delray Beach, Solid Waste Pelletization Facility
Gulf Stream, Highland Beach & Ocean Ridge. Federal appropriations are sought for the Solid Waste
District 5: Authority to build a regional facility in Palm Beach County
Belle Glade, Pahokee & South Bay. that turns 'sludge cake' by-product into commercially
viable fertilizer. This will close the recycling loop, preserve
land areas currently earmarked for sludge cake storage
and free up areas for future water treatment issues.
~ The Palm Beach County ~
www.leagueofcities.com i The Palm Beach County 2004
LEAGUE OF CITIES, Inc. www.leagueofcities.org J LEAGUE OF CITIES, Inc. Legislative Agenda
2004 Legislative Booklet.p65 2 9/23/03,1:39 PM I
I
State Issues State Issues
Annexation & Florida Statute Reform CRA Districts & TIFs
The League supports modifications to Florida Statute Support legislation that preserves the home rule powers
171 & 163 Chapters language which should better define of municipalities to create and effectively use community
enclaves, pockets and the delivery of urban/essential redevelopment agencies to redevelop and revitalize urban
municipal services, to help resolve annexation issues in areas, including the use ofTlF (tax increment financing),
general. We look forward to working with our Legislative and that preserves local control and disposition on any
Delegation to help solve issues addressed in Florida disputes between local govemments over the use of such
Statutes. agencies and financing.
Growth Management & Infrastructure Funding New Construction Tax Reform
Good growth management requires inte~overnmental Local government lose critical dollars due to loop holes
communication, cooperation, planning an coordination. in the tax system allowing almost two years of "free ride"
Cities want direct input and control in decisions that on new construction and developments. While Impact
impact their jurisdictional boundaries. Financial fees help with capitol infrastructure costs, services
resources from Local, State and Federal sources must associated with the new growth goes unreimbursed. The
be identified and dedicated to improve substandard cities urge the creation of Partial Year Assessments,
infrastructure areas. Equity in infrastructure must be Interim Service Fees and a redefinition of what
achieved in all areas to deliver a consistent level of constitutes "Substantially Complete" in the building
services to all our citizens. and CO (Certificate of Occupancy) process.
Code Enforcement Collection Liens Educational Concerns
The League supports adding code enforcement fines as The conflict between "schools of choice" vs. overcrowding
liens to ad valorem tax bills of delinquent property owners, and the impact of the constitutional amendments: pre-K
putting an effective mechanism into place that gives education and class size are paramount to the League.
recourse to cities, or any local government in code The state must remove conflicting statute and policies,
enforcement problem cases and will be an effective tool which makes compliance near impossible and cost
aiding in cleaning up our substandard neighborhoods. prohibitive.
Article V Funding Funding for hurricane shuttering and fortification of public
schools and buildings is currently absorbed by local
The League opposes charging local governments court school district's in their capital building programs.
filing fees associated with enforcin~ local codes and Additional monies should be made available from other
ordinances. In many cases the court ees are more than sources to help underwrite this additional burden to
the fines being levied for code and ordnance compliance. address sheltering the public during times of emergency.
The imposition of the fees will increase costs both to the We advocate pursuing a~ernative methods of instructional
local governments and Ultimately the taxpayers. delivery to lessen impact on class size and the need for
Unfunded Mandates more teachers and construction dollars.
Each initiative passed by the state legislature and other The Palm Beach County League supports legislation that
governmental jurisdictions must include a source for provides additional funding sources that raise student
appropriate funding. The burden can not always be shifted achievement for initiatives such as: 1) increased adult-
to individual municipalities and counties. student ratios in the schools; 2) additional class room
construction; and 3) better truancy programs.
l~l The Palm Beach County www.leagueofcities.com ~ The Palm Beach County 2004 .
! LEAGUE OF CITIES, Inc. www.leagueofcities.org . LEAGUE OF CITIES, Inc. Legislative Agenda
--r-
2004 legIslative Booklet.p65 4 9/23103, 1 :39 PM I
I I
State Issues Local Issues
Local Waterway Control Annexation Policy Reform
Cities need a greater role in interior waterway and
navigable body of water issues. Issues such as natural The Palm Beach County Commission and the
preservation, restoration.& lagoon clean-up, bridge municipalities should partner to address issues of
o!lenin~s impacting traffic, mangrove management & annexation and service delivery. We are making strides
mitigation, No-wake & Manatee Zones all have impacts toward resolving enclave issues and CCRT (County
on our municipalities. Palm Beach County and the Community Redevelopment Team) areas.
municipalities work well together. We seek support from Traffic Performance Standards
FIND, Army CORP., the Legislature and other
jurisdictional bodies to monitor and control water issues. Municipal involvement as partners in the development of
Local Water Project Support Corridor Master Plans in Palm Beach County is critical.
To mitigate future traffic congestion problems on our
With the assistance of the SFWMD (South Florida Water roadways, we need to look at practical solutions and
Management District), funding must be identified to future public transit options.
accomplish critical local water projects that are deemed Double Taxation in Public Safety
cntlcal to future water consumption and drainage needs.
Water management and concurrency projects are vital Municipal citi;!:ens are taxed to underwrite road patrol
to our future community needs. opera~ions of. the sheriffsdepartment, while fully funding
Support for Lake Worth La(loon Restoration and a healthy mUniCipal police or public safety departments. In addition,
Loxahatchee River Basm are cntlcal to the fragile the county now proposes countywide Fire-Rescue
ecosystems including wildlife, marine life and clean initiatives that will double assess municipal citizens for
water. These important resources are key to Florida's expenditures for services in which they may not
ecosystem as a whole and economy, warranting state participate.
interest and support. Separating these services from shared public safety
State Funding and other support are critical for the services will help equalize tax rate differentials between
proposed Glades Area Regional Water Utility plant municipalities and unincorporated areas of the county.
facility, serving the cities of Belle Glade, Pahokee, South Home Rule
Bay and surrounding areas.
Gold. Coast Mandating "top-down" does not work.. Recently Florida
DCA (Department of Community Affairs) made
recommendations toward resolving countywide population
projections stating: "...these concerns underscore the
The Gold Coast Lea,ue of Cities is made up of the need for enhanced intergovemmental coordination as part
of the plannin(l process and in the development of the
municipal leagues 0 Broward, Miami-Dade & Palm population proJections."
Beach Counties - we meet and cooperate on issues of We believe this also applies to School ConcurrenCy, Fire-
regional importance. Look for the Gold Coast League's
Legislative Agenda. The Palm Beach County League of Rescue Level of Service, Traffic & Transportation Issues
Citi~s works cooperatively with other entitles on joint and .other regionally impacting policy issues, the League
legislative agendas. We advocate best practices of CllIes advocates for more enhanced intergovemmental
intergovernmentally and legislatively for issues impacting coordination. The key to creating and implementing good
our municipalities. We support the legislative agendas public policy is to put all impacted parties at the same
of the Florida League of Cities, National League and Gold planning table, work out the details, total the costs (true
Coast League and a joint Legislative Agenda of the Palm cost accounting) and assign responsibilities &
Beach County, School Board & the League. accountabilities to get the job done.
~ The Palm Beach County www.leagueofcities.com ~ The Palm Beach County 2004
LEAGUE OF CITIES, Inc. www.leagueofcities.org LEAGUE OF CITIES, Inc. Legislative Agenda
I 2004 legislative Booklet..p65 .3 9/23103, 1 :39 PM I
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[IT' DF DELIA' BEA[H
CITY AnORNEY'S OFFICE 200 NW 1st AVENUE. DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090. FACSIMILE 561/278-4755
Write(s Direct Une: 561/243-7091
DELRA Y BEACH
, l 0 I I D ...
b*d
U' -~ClCIty MEMORANDUM
~n II! DATE: October 7,2003
TO: City Commission
David T. Harden, City Manager
Joseph Weldon, Director of Parks and Recreation
FROM: Susan A. Ruby, City Attorney
SUBJECT: Bond Issue - Second Draft Resolution-Statutorv Requirements
Our office has produced a second draft of the resolution and ballot language in
accordance with State Statutes. Additional narratives have been provided in the
description of the bond components attached to the resolution.
Florida Statutes governs bond referendums in Sections 100.201 through 100.351.
The ballot language is required to be restricted to 75 words or less to explain the
chief purpose of the measure, and the ballot title must be 15 words or less. The
ballot title should address the measure as it is commonly referred to. Each
measure is to include the amount of the bond and interest rate and other details
necessary to inform the electors. Also, the words "For Bonds" and "Against
Bonds" must be included with the question. (See F.S. Sections 100.201-100.351
and 101.161).
Once you advise me to do so, I will distribute the resolution to the Library and to
Old School Square and the City Clerk in order to initiate the formal bond
referendum process.
I would appreciate it if you would review the resolution and ballot wording as soon
as possible so that it can be translated into Spanish and advertised in accordance
with law.
now the changes you recommend.
\NS.5
,
DRAFT
RESOLUTION NO. -03
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, PROVIDING FOR THE ISSUANCE OF
GENERAL OBLIGATION BONDS FOR THE PURPOSE OF
FINANCING THE (A) ACQUISITION OF LAND, THE
DEVELOPMENT, CONSTRUCTION, RECONSTRUCTION AND
EQUIPPING OF UP TO THREE NEW NEIGHBORHOOD PARKS,
THE DEVELOPMENT, CONSTRUCTION, AND EQUIPPING OF A
SOCCER COMPLEX; THE DEVELOPMENT, CONSTRUCTION
AND/OR RECONSTRUCTION AND EQUIPPING OF CERTAIN
EXISTING PARKS IN THE PRINCIPAL AMOUNT NOT
EXCEEDING $9,000,000; (B) ACQUISITION OF LAND AND/OR
BUilDINGS, THE DEVELOPMENT, CONSTRUCTION AND/OR
RECONSTRUCTION AND EQUIPPING OF A NEW RECREATION
CENTER IN THE WESTERN AREA OF THE CITY, AND THE
CONSTRUCTION AND/OR RE-CONSTRUCTION AND
IMPROVEMENTS TO AND EQUIPPING OF CERTAIN EXISTING
RECREATION CENTERS IN THE PRINCIPAL AMOUNT NOT
EXCEEDING $7,000,000; (C) FURNISHINGS FOR THE NEW
LIBRARY IN THE PRINCIPAL AMOUNT NOT TO EXCEED
$1,000,000; AND (D) ACQUISITION OF LAND AND
CONSTRUCTION AND DEVELOPMENT AND EQUIPPING OF A
PARKING GARAGE AS A FIRST PHASE IN THE EXPANSION OF
THE OLD SCHOOL SQUARE COMPLEX IN THE PRINCIPAL
AMOUNT NOT EXCEEDING $7,000,000; CALLING FOR A BOND
REFERENDUM OF THE QUALIFIED VOTERS IN THE CITY OF
DELRAY BEACH TO BE HELD JANUARY 20, 2004, 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 of the City of Delray Beach, Florida (the "City
Commission") has determined that it is in the best interest of the City to acquire land and/or
buildings, develop, construct, reconstruct and equip up to three new neighborhood parks, to
develop, construct and equip a soccer complex and to develop, construct, reconstruct and equip
improvements to certain existing parks within the City (herein referred to as the "New
Neighborhood Parks, Soccer Complex and Existing Parks Improvement Projects"); and
1 I
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WHEREAS, the City Commission has determined that it is in the best interest of the City to
acquire land and/or buildings, develop, construct and/or reconstruct and equip a new recreation
center in the western area of the City as defined herein and to construct and/or reconstruct and
equip improvements to certain existing recreation centers, herein referred to as the "Recreation
Centers Projects"; and
WHEREAS, the City Commission has determined that it is in the best interest of the City to
provide financing for the furnishings for the new library herein referred to as the "New Library
Furnishings Project"; and
WHEREAS, the City Commission has determined that it is in the best interest of the City to
acquire land and construct, develop and equip a parking garage all as needed in the first phase
to expand and improve the Old School Square Complex, in the are more particularly described
herein, and herein referred to as the "First Phase of the Old School Square Complex
Improvements Projects"; and
WHEREAS, the New Neighborhood Parks, Soccer Complex and Existing Parks
Improvement Projects, the Recreational Centers Projects and the Library Fumishings Projects,
and the First Phase of the Old School Square Complex Improvements 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
$9,000,000 for the New Neighborhood Parks, Soccer Complex and Existing Parks Improvement
Projects, not exceeding $7,000,000 for the Recreation Centers Projects, not exceeding
$1,000,000 for the New Library Furnishings Project and not exceeding $7,000,000 for the First
Phase of the Old School Square Complex Improvements Projects, to finance all or a portion of
the costs for such Projects including all costs incidental thereto and to pay the costs of issuing the
Bonds; and
WHEREAS, pursuant to state and local law, this Resolution must be approved at least 30
days in advance of the special election and include the ballot questions and a listing of the
projects to be completed by the bond issue. The Resolution shall give notice of the bond
referendum and the notice shall be published in a newspaper of general circulation within the City
once in the fifth week and once in the third week prior to the week in which the referendum was to
be held; and
2 RES. NO. _-03
WHEREAS, it is necessary and essential to adopt this resolution in order to call for and to
hold a bond referendum at a special election, submitting the issuance of such Bonds for the
approval or disapproval of the residents who are qualified electors within the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That a bond referendum is hereby ordered to be held in the City of Delray
Beach, Florida (City) on the 20th day of January, 2004, to determine whether or not there shall be
issued the Bonds of the City in the aggregate principal amount of not exceeding $9,000,000 for
the New Neighborhood Parks, Soccer Complex and Existing Parks Improvement Projects, not
exceeding $7,000,000 for the Recreation Centers Projects, not exceeding $1,000,000 for the
New Library Furnishings Project, and not exceeding $7,000,000 for the First Phase of the Old
School Square Complex 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 levied and collected in the City (without limitation as to rate or amount) on all
taxable property in the City sufficient to pay principal of and interest on such Bonds as the same
become due and payable.
Section 2. 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 proceeds of the bonds and
such payment is hereby authorized and approved.
Section 3. That the area of the City in which the City will finance the First Phase of the
Old School Square Complex 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 4. That the area of the City in which the City will finance the new western
recreation center shall be a site located in an area bounded on the east by 1-95, on the west by
Military Trail, on the South by Atlantic Avenue and the North by the City limits (herein referred to
as the 'Western Area ofthe City").
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.
3 RES. NO. _-03 I
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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 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 surplus moneys for other
Components, nor will it expend Bond proceeds in excess of the amounts allocated to each of the
Projects in this Resolution, provided, however, if any part of the Component is not required in
order to complete the project, the funds allocated to the Component may be added to another
Component of the same project.
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 discretion 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 electors of the City and voting in such election all in the manner provided 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 Clerk 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 twice
once in the fifth week and once in the third week in the Boca Raton News, Delray Beach Edition,
and EI Latino, newspapers 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 January 20, 2004. The City Clerk shall secure from the publisher of the above
newspapers an appropriate affidavit 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. The ballot
language in both Spanish and English shall also be published pursuant to Florida Statutes
5101.20 seven (7) days prior to the date of election.
4 RES. NO. _-03
Section 10. That the vote at said bond referendum shall be by the voting device provided
by the Supervisor of Elections (the "Device"), and 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 necessary 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:
BALLOT
CITY OF DELRAY BEACH, FLORIDA
RECREATION CENTERS, PARKS AND CULTURAL FACILITIES
GENERAL OBLIGATION BONDS
QUESTION 1
NEW NEIGHBORHOOD PARKS, SOCCER COMPLEX AND EXISTING PARKS
IMPROVEMENT PROJECTS
Shall the City issue general obligation bonds to finance the acquisition of
land, construction, reconstruction and equipping of up to three new
neighborhood parks, a soccer complex and to construct, reconstruct and equip
certain existing parks and all costs incidental thereto, not exceeding $9,000,000,
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 Bonds.
_ "Against Bonds.
QUESTION 2
RECREATION CENTERS PROJECTS
Shall the City issue general obligation bonds to finance land acquisition,
construction and the equipping of a new recreation center in the City's Western
5 RES. NO. _-03
----. ---.
Area and to improve and equip certain existing recreational centers, and all costs
incidental thereto, not exceeding $7,000,000 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 Bonds.
_ "Against Bonds.
QUESTION 3
NEW LIBRARY FURNISHINGS PROJECT
Shall the City issue general obligation bonds to finance the cost of certain
furnishings for the new library within the City and all costs incidental thereto, not
exceeding $1,000,000, 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 Bonds.
_ "Against Bonds
QUESTION 4
FIRST PHASE OF OLD SCHOOL SQUARE COMPLEX
IMPROVEMENT PROJECTS
Shall the City issue general obligation bonds to provide for the acquisition
of land, the construction and development of a parking garage as the first phase
in the expansion of Old School Square in the Old School Square Area and all
costs incidental thereto, not exceeding $7,000,000, 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 Bonds.
_ "Against Bonds.
Section 12. The resolution shall be translated into Spanish. The above ballot
questions, once translated into Spanish, shall be deemed to be incorporated as if fully
set forth herein.
Section 13. 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 of such referendum shall be recorded in the minutes of
the City Commission in the manner prescribed by law.
6 RES. NO. _-03
Section 14. 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 15. 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 16. That this Resolution shall take effect immediately upon its passage.
PASSED AND ADOPTED in regular session on this day of ,2003.
CITY OF DELRAY BEACH, FLORIDA
ATTEST:
MAYOR
City Clerk
7 RES. NO. _-03
RECREATION CENTERS. PARKS AND CULTURAL FACILITIES
GENERAL OBLIGATION BONDS
PROJECTS AND PROGRAMS
The City of Delray Beach, Florida, commissioned a study of the City's needs in the area of
recreation and parks. In January of 2002, a Parks and Recreation System Master Plan was
formulated. The Master Plan identified the need for certain new Parks and Recreation Facilities
and found that certain Recreation and Park Facilities should be improved and/or expanded and
enhanced. Old School Square has also made a review of its programs and requirements and
has determined that certain additional improvements are required to enhance educational,
recreational and cultural components of their program. As a result of these plans, the following
major projects and their components have been identified as needed improvements within the
City. The projects and components are set forth below:
PROJECTS AND COMPONENTS TOTAL
1. New Nelahborhood Parks. Soccer ComDlex and Exlstlna
Parks ImDrovement Prolects
a. Acquire land for up to three neighborhood parks $3,375,000
b. Construction/reconstruction equipping and development
of up to three new neighborhood parks 900,000
c. Construction, development and eqUipping of a new
soccer complex 2,725,000
The City desires to create up to three new neighborhood parks. In
order to create the neighborhood parks up to three new park sites
must be acquired. The neighborhood parks will be developed and
where practical shall include grassy areas, picnic tables, barbeques,
playgrounds, benches, pedestrian access, signage and shade trees
and other amenities that fit within the program dollars and as may be
requested by residents. In addition to the new neighborhood parks,
a soccer complex will be developed. The City's soccer program has
grown significantly but is limited in expansion due to a lack of a
facility. The residents who are involved in the soccer program
desire to expand and improve the sport in the City, and a soccer
complex would greatly serve this need.
d. The City desires to make the following improvements to
certain existing parks.
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1. Bexley Park $ 500,000
Construct, develop and equip Bexley Park located
in the northwest area of the City to include playground
equipment, picnic pavilions, walking rails, play courts,
restrooms, parking areas, site lighting, landscaping,
irrigation and site amenities (drinking fountains,
benches, picnic tables, etc.)
2. Boy Scout Hut Park $ 350,000
Construct, develop and equip the Boy Scout Hut Park with
playground equipment, walkways, play courts, parking areas,
site lighting, landscaping, irrigation and site amenities
(drinking fountains, benches, picnic tables, etc.)
3. Lake Ida Park $ 425,000
Renovate and develop the City's portion of Lake Ida Park
with gazebos, walking trails, restrooms, parking area,
site lighting, landscaping, irrigation and site amenities
(drinking fountains, benches, picnic tables, etc.)
4. Cornell Park $ 150,000
Construct, develop and equip the park with playground
equipment, walkway trails, site lighting, landscaping,
irrigation, and site amenities (drinking fountains, benches,
picnic tables, etc.)
5. Enhance Pompey Park and the Community Center by $ 300,000
developing pedestrian connections, picnic areas and
basketball courts.
6. Beach Park Improvements $ 75,000
Improve pedestrian oriented furniture (I.e. benches and
tables) at the beach.
2 RES. NO. _-03
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7. Other Parks Citywide $ 200,000
Upgrade and equip certain existing parks with benches,
picnic tables, barbeque grills, shade trees, playground
equipment and walking trails.
Subtotal $9,000,000
2. Recreation Centers Proltm
a. Acquire land and/or buildings for a western community
center located in an area west of 1-95 to Military Trail
and bordered to the south by Atlantic Avenue and to
the north by city limits of City. $800,000
b. Construct/reconstruct, develop and equip a new
western community center. $3,000,000
There is a need for community meeting space,
particularly for seniors, in the western area.
The facility could provide a simple space
for recreation programming and community functions.
c. Create a community park/recreation center at the $2,000,000
Catherine Strong Center located in the southwest
area of the City.
Construct buildings and renovate existing center and
rebuild to incorporate the facilities deemed necessary
by the southwest area community. The facilities may
include such recreation facilities as basketball courts,
grassy areas for casual and organized sports, renovated
children's playground and other buildings that may be
necessary to integrate the recreation center with the
Boys and Girls Club's plans.
d. Create a neighborhood oriented recreation center at $700,000
the Swim and Tennis Club located in the southwest area
of Delray Beach.
The neighborhood center may incorporate space for
card games, civic or neighborhood meetings or other
3 RES. NO. _-03
,
small special functions.
e. Expand Pompey Recreation Center in the northwest $500,000
are of the City.
Expand the Pompey Park Recreation Center in order
to accommodate a larger meeting space.
Subtotal $7,000,000
3. New Llbrarv Furnlshlnas Proj!g $1,000,000
It is anticipated that the new library will require furnishings
that exceed the amount hereby provided for the furnishings,
however, it is estimated that the amount set forth herein will be a
large step in furnishing the library.
Subtotal $1,000,000
4. First Phase of the Old School Sauare Complex Improvement Prolects
The first phase of the Old School Square Complex Improvement
Projects will be the acquisition of land and the construction and
development of a parking garage that will include in the range of
250 to 600 parking spaces. Accomplishing this first phase will
begin the expansion program of Old School Square, which with
additional funding, is planned to include a downtown park and an
expanded museum.
Subtotal $ 7,000,000
FINAL TOTAL $24,000,000
4 RES. NO. _-03
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EIT' OF DElIlA\' BERtH /. -" '" I~,~!
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CITY l'nORNEY'S OFFIC E 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
" . TELEPHONE 561/243-7090 . FACSIMILE 561/278-4755
Writer's Direct Una: 5611243-7091
DEUAY lEACH
~ ME~~OOM
"1.1 Jf DATE: October 14, 2003
19!1l 2001
TO: City Commission
, David T. Harden, City Manager
Joseph Weldon, Director of Parks and Recreation
FROM: Susan A. Ruby; City Attorney
SUBJECT: Bond Issue - Third Draft Resolution-Statutorv Reauirements
Our office has produced a third draft of the. resolution and ballot language in
accordance with State Statutes. Additional narratives have been provided in the
description of the bOnd components attached to the resolution.
Florida Statutes governs bond referel')dums in Sections 100.201 through 100.351.
The b~"ot language is required to be re$tricted to 75 words or less to explain the
chief pIJl'pose of the measure, and the ballot title must be 15 words or less. The
ballot title should address the measure as it is commonly referred to. Each
measure is to include the amount of the bond and interest rate and other details
necessary to inform the electors. Also, the words "For Bonds' and "Against
Bonds' must be included. witl1 thElqY~stion. (See. F .s.Sections"\OO;-29+-tOO:35t
ana mn6'!). .
Once you advise me to do so, I will distribute the resolution to the Library and to
Old School Square and the City Clerk in order to initiate the formal bond
referendum process.
I would appreciate it if you would review the resolution and ballot wording as soon
as possible so that it can be translated into Spanish and advertised in accordance
with law. Bond Counsel has reviewed the language and finds it acceptable as to
legal sufficiency and form.
Please let me know the changes you recommend.
SAR:smk
Attachmen
\O\\,\\~ \t'J S, 5
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DRAFT
RESOLUTION NO. -03
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, PROVIDING FOR THE ISSUANCE OF
GENERAL OBLIGATION BONDS FOR THE PURPOSE OF
FINANCING THE (A) ACQUISITION OF LAND, THE
CONSTRUCTION AND EQUIPPING OF UP TO THREE NEW
NEIGHBORHOOD PARKS, THE CONSTRUCTION AND
EQUIPPING OF A SOCCER COMPLEX; THE CONSTRUCTION,
RECONSTRUCTION AND EQUIPPING OF CERTAIN EXISTING
PARKS THROUGHOUT THE CITY IN THE PRINCIPAL AMOUNT
NOT EXCEEDING $9,000,000; (B) ACQUISITION OF LAND, THE
CONSTRUCTION AND EQUIPPING OF A NEW RECREATION
CENTER IN THE WESTERN AREA OF THE CITY, AND THE
CONSTRUCTION AND/OR RE-CONSTRUCTION OF
IMPROVEMENTS TO AND EQUIPPING OF CERTAIN EXISTING
RECREATION CENTERS IN THE PRINCIPAL AMOUNT NOT
EXCEEDING $7,000,000; (C) ACQUISITION OF LAND AND
CONSTRUCTION AND DEVELOPMENT AND EQUIPPING OF A
PARKING GARAGE AS A FIRST PHASE IN THE EXPANSION OF
THE OLD SCHOOL SQUARE COMPLEX IN THE PRINCIPAL
AMOUNT NOT EXCEEDING $7,000,000 AND (D) ACQUISITION
OF FURNISHINGS AND FIXTURES FOR THE NEW LIBRARY IN
THE PRINCIPAL AMOUNT NOT TO EXCEED $1,000,000;
CALLING FOR A BOND REFERENDUM OF THE QUALIFIED
VOTERS IN THE CITY OF DELRAY BEACH TO BE HELD
JANUARY 20, 2004, AS TO WHETHER GENERAL OBLIGATION
BONDS FOR SUCH PROJeCTS SHOUlD BE ISSUED; AND
PROVlDlNG 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 of the City of Delray Beach, Florida (the "City
Commission") has determined that it is in the best interest of the City to acquire land and/or
buildings, develop, construct, reconstruct and equip up to three new neighborhood parks, to
develop, construct and equip a soccer complex and to develop, construct, reconstruct and equip
improvements to certain existing parks within the City (herein referred to as the "New
Neighborhood Parks, Soccer Complex and Existing Parks Improvement Projects"); and
1
center in the western area of the City as defined herein and to construct and/or reconstruct and
equip improvements to certain existing recreation centers, herein referred to as the "Recreation
Centers Projects"; and
WHEREAS, the City Commission has determined that it is in the best interest of the City to
acquire land and construct, develop and equip a parking garage all as needed in the first phase
to expand and improve the Old School Square Complex, in the are more particular1y described
herein, and herein referred to as the "First Phase of the Old School Square Complex
Improvements Projects"; and
WHEREAS, the City Commission has determined that it is in the best interest of the City to
provide financing for the furnishings and fixtures for the new library herein referred to as the "New
Library Furnishings and Fixtures Project"; and
WHEREAS, the New Neighborhood Parks, Soccer Complex and Existing Parks
Improvement Project, the Recreational Centers Project, the First Phase of the Old School Square
Complex Improvements Project and the Library Furnishings and Fixtures Project 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
$9,000,000 for the New Neighborhood Parks, Soccer Complex and Existing Parks Improvement
Projects, not exceeding $7,000,000 for the Recreation Centers Projects, not exceeding
$7,000,000 for the First Phase of the Old School Square Complex Improvements Prejeets, not
exceeding $1,000,000 for the New Library Furnishings and Fixtures Project, to finance all or a
portion of the costs for such Projects including all costs incidental thereto and to pay the costs of
issuing the Bonds; and
WHEREAS, pursuant to state and local law, this Resolution must be approved at least 30
days in advance of the special election and include the ballot questions and a listing of the
projects to be completed by the bond issue. The Resolution shall give notice of the bond
referendum and the notice shall be published in a newspaper of general circulation within the City
once in the fifth week and once in the third week prior to the week in which the referendum was to
be held; and
WHEREAS, it is necessary and essential to adopt this resolution in order to call for and to
hold a bond referendum at a special election, submitting the issuance of such Bonds for the
approval or disapproval of the residents who are qualified electors within the City.
2 RES. NO. _-03 I
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That a bond referendum is hereby ordered to be held in the City of Delray
Beach, Florida (City) on the 20th day of January, 2004, to determine whether or not there shall be
issued the Bonds of the City in the aggregate principal amount of not exceeding $9,000,000 for
the New Neighborhood Parks, Soccer Complex and Existing Parks Improvement Projects, not
exceeding $7,000,000 for the Recreation Centers Projects, not exceeding $7,000,000 for the First
Phase of the Old School Square Complex Improvement Projects, not exceeding $1,000,000 for
the New Library Furnishings and Fixtures 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 levied and collected in the City (without limitation as to rate or amount) on all
taxable property in the City sufficient to pay principal of and interest on such Bonds as the same
become due and payable.
Section 2. 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 proceeds of the bonds and
such payment is hereby authorized and approved.
Section 3. That the area of the City in which the City will finance the First Phase of the
Old School Square Complex 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 4. That the area of the City in which the City will finance the new western
recreation center shall be a site located in an area bounded on the east by 1-95, on the west by
Military Trail, on the South by Atlantic Avenue and the North by the City limits (herein referred to
as the 'Western Area of the City").
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
3 RES. NO. _-03
e
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 Project. 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 Project. If, after application of the foregoing, there remains insufficient
funds to complete a Component due to unforeseen cost escalations or failure 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 surplus moneys for other
Components, nor will it expend Bond proceeds in excess of the amounts allocated to each of the
Projects in this Resolution, provided, however, if any part of the Component is not required in
order to complete the project, the funds allocated to the Component may be added to another
Component of the same Project.
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 discretion 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 electors of the City and voting in such election all in the manner provided 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 Clerk 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 twice
once in the fifth week and once in the third week in the Boca Raton News, Delray Beach Edition,
and EI Latino, newspapers 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 January 20, 2004 and the second publication shall take place in the third week
prior to the election being held. The City Clerk shall secure from the publisher of the above
newspapers an appropriate affidavit 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. The ballot
language in both Spanish and English shall also be published pursuant to Florida Statutes
S 1 01.20 seven (7) days prior to the date of election.
Section 10. That the vote at said bond referendum shall be by the voting device provided
by the Supervisor of Elections (the "Device"), and as approved by the Florida Department of State
i
4 RES. NO. _-03 I
.'
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 necessary 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:
BALLOT
CITY OF DELRAY BEACH, FLORIDA
RECREATION CENTERS, PARKS AND CUL rURAL FACILITIES
GENERAL OBLIGATION BONDS
QUESTION 1
NEW NEIGHBORHOOD PARKS, SOCCER COMPLEX AND EXISTING PARKS
IMPROVEMENT PROJECTS
Shall the City issue general obligation bonds to finance land acquisition,
construction and equipping of up to three new neighborhood parks, construction
and equipping of a soccer complex, and improvements to certain existing parks
throughout the City and all costs incidental thereto, not exceeding $9,000,000,
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 Bonds"
= "Against Bonds"
I
5 RES. NO. _-03 I
QUESTION 2
RECREATION CENTERS PROJECTS
Shall the City issue general obligation bonds to finance land acquisition,
construction and equipping of a new recreation center in the City's Western Area
and to improve and equip certain existing recreational centers, and all costs
incidental thereto, not exceeding $7,000,000 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 Bonds"
_ "Against Bonds.
QUESTION 3
FIRST PHASE OF OLD SCHOOL SQUARE COMPLEX
IMPROVEMENT PROJECTS
Shall the City issue general obligation bonds to provide for the acquisition
of land, the construction and development of a parking garage as the first phase
in the expansion of Old School Square in the Old School Square Area and all
costs incidental thereto, not exceeding $7,000,000, 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 Bonds.
_ "Against Bonds"
QUESTION 4
NEW LIBRARY FURNISHINGS AND FIXTURES PROJECT
Shall the City issue general obligation bonds to finance the cost of certain
fumishings and fixtures for the new library within the City and all costs incidental
thereto, not exceeding $1,000,000, 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 Bonds'
_ "Against Bonds
6 RES. NO. _-03
~,-_..-
Section 12. The resolution shall be translated into Spanish. The above ballot
questions, once translated into Spanish, shall be deemed to be incorporated as if fully
set forth herein.
Section 13. 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 of such referendum shall be recorded in the minutes of
the City Commission in the manner prescribed by law.
Section 14. That by enacting this resolution, the City hereby calls for a bond
referendum on January 20, 2004, and 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 15. 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 16. That this Resolution shall take effect immediately upon its passage.
PASSED AND ADOPTED in regular session on this day of ,2003.
CITY OF DELRAY BEACH, FLORIDA
ATTEST:
MAYOR
City Clerk
7 RES. NO. _-03 I
RECREATION CENTERS. PARKS AND CULTURAL FACILITIES
GENERAL OBLIGATION BONDS
PROJECTS AND PROGRAMS
The City of Delray Beach, Florida, commissioned a study of the City's needs in the area of
recreation and parks. In January of 2002, a Parks and Recreation System Master Plan was
formulated. The Master Plan identified the need for certain new Parks and Recreation Facilities
and found that certain Recreation and Park Facilities should be improved and/or expanded and
enhanced. Old School Square has also made a review of its programs and requirements and
has determined that certain additional improvements are required to enhance educational,
recreational and cultural components of their program. As a result of these plans, the following
major projects and their components have been identified as needed improvements within the
City. The projects and components are set forth below:
PROJECTS AND COMPONENTS TOTAL
1. New Nelahborhood Parks. Soccer ComDlex and Exlstlna
Parks ImDrovement Prolects
a. Acquire land for up to three neighborhood parks $3,375,000
b. Construction/reconstruction equipping and development
of up to three new neighborhood parks 900,000
c. Construction, development and equipping of a new
soccer complex 2,725,000
The City desires to create up to three new neighborhood parks. In
order to create the neighborhood parks up to three new park sites
must be acquired. The neighborhood parks will be developed and
where practical shall include grassy areas, picnic tables, barbeques,
playgrounds, benches, pedestrian access, sign age and shade trees
and other amenities that fit within the program dollars and as may be
requested by residents. In addition to the new neighborhood parks,
a soccer complex will be developed. The City's soccer program has
grown significantly but is limited in expansion due to a lack of a
facility. The residents who are involved in the soccer program
desire to expand and improve the sport in the City, and a soccer
complex would greatly serve this need.
d. The City desires to make the following improvements to
certain existing parks.
1
1. Bexley Park $ 500,000
Construct, develop and equip Bexley Park located
in the northwest area of the City to include playground
equipment, picnic pavilions, walking rails, play courts,
restrooms, parking areas, site lighting, landscaping,
irrigation and site amenities (drinking fountains,
benches, picnic tables, etc.)
2. Boy Scout Hut Park $ 350,000
Construct, develop and equip the Boy Scout Hut Park with
playground equipment, walkways, play courts, parking areas,
site lighting, landscaping, irrigation and site amenities
(drinking fountains, benches, picnic tables, etc.)
3. Lake Ida Park $ 425,000
Renovate and develop the City's portion of Lake Ida Park
with gazebos, walking trails, restrooms, parking area,
site lighting, landscaping, irrigation and site amenities
(drinking fountains, benches, picnic tables, etc.)
4. Cornell Park $ 150,000
Construct, develop and equip the park with playground
equipment, walkway trails, site lighting, landscaping,
irrigation, and site amenities (drinking fountains, benches,
picnic tables, etc.)
5. Enhance Pompey Park and the Community Center by $ 300,000
developing pedestrian connections, picnic areas and
basketball courts.
6. Beach Park Improvements $ 75,000
Improve pedestrian oriented furniture (i.e. benches and
tables) at the beach.
2 RES. NO. _-03 i
I
7. Other Parks Citywide $ 200,000
Upgrade and equip certain existing parks with benches,
picnic tables, barbeque grills, shade trees, playground
equipment and walking trails.
Subtotal $9,000,000
2. Recreation Centers Prol!a!.
a. Acquire land and/or buildings for a western community
center located in an area west of 1-95 to Military Trail
and bordered to the south by Atlantic Avenue and to
the north by city limits of City. $800,000
b. ConstrucUreconstruct, develop and equip a new
western community center. $3,000,000
There is a need for community meeting space,
particularly for seniors, in the western area.
The facility could provide a simple space
for recreation programming and community functions.
c. Create a community park/recreation center at the $2,000,000
Catherine Strong Center located in the southwest
area ofthe City.
Construct buildings and renovate existing center and
rebuild to incorporate the facilities deemed necessary
by the southwest area community. The facilities may
include such recreation facilities as basketball courts,
grassy areas for casual and organized sports, renovated
children's playground and other buildings that may be
necessary to integrate the recreation center with the
Boys and Girls Club's plans.
d. Create a neighborhood oriented recreation center at $700,000
the Swim and Tennis Club located in the southwest area
of Delray Beach.
The neighborhood center may incorporate space for
card games, civic or neighborhood meetings or other
3 RES. NO. _-03
"
small special functions.
e. Expand Pompey Recreation Center in the northwest $500,000
are ofthe City.
Expand the Pompey Park Recreation Center in order
to accommodate a larger meeting space.
Subtotal $7,000,000
3. First Phase of the Old School Sauare ComDlex ImDrovement Pro~
The first phase of the Old School Square Complex Improvement
Projects will be the acquisition of land and the construction and
development of a parking garage that will include in the range of
250 to 600 parking spaces. Accomplishing this first phase will
begin the expansion program of Old School Square, which with
additional funding, is planned to include a downtown park and an
expanded museum.
Subtotal $ 7,000,000
4. ~ew Llbrarv Furnlshlnas Pro~ $ 1,000,000
It is anticipated that the new library will require furnishings
that exceed the amount hereby provided for the furnishings,
however, it is estimated that the ameunt set forth herein will be a
large step in furnishing the library.
Subtotal $ 1,000,000
FINAL TOTAL $24,000,000
4 RES. NO. _-03