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Res 72-03RESOLUTION NO. 72-03 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF D~J.RAY BEACH, PROVIDING FOR THE ISSUANCE OF GENERAL OBLIGATION BONDS FOR THE PURPOSE OF FINANC/NG 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 CONSTRUCT/ON, 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 CEN'rERS IN THE PRINCIPAL AMOUNT NOT EXCEEDING $7,000,000; (C) ACQUISITION OF LAND, CONSTRUCT/ON OF A PARKING GARAGE AND OTHER CAPITAL IMPROVEMENTS, AS PART OF THE EXPANSION OF OLD SCHOOL SQUARE, IN THE PRINCIPAL AMOUNT NOT EXCEEDING $7,000,000 AND (ID) ACQUISITION OF FURNISHINGS AND FIXTURES FOR THE NEW LIBRARY IN THE PRINCIPAL AMOUNT NOT TO EXCEED $1,000,000; CAIJ.ING 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 Chartel~), authorize and empower the City of Delray Beach, Florida (the 'Uat~, to adopt this Resolution; and WHEREAS, the City Commission of the City of Delray Beach, Florida (the 'City Comrni~siol~l) }ms 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 RES. NO. 72-03 improvements to certain existing parks within the City (herein referred to as the'New Neighborhood Parks, Soccer Complex and Existing Parks Improvement Projectg); and WHEREAS, the City Commission has determined that it is in the best interest of the City m 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 '~ecreation Centers Project~'; and WHEREAS, the City Commission has determined that it is in the best interest of the City to acquire land, and to construct a parking garage, and other capital improvements, all as needed to expand and improve Old School Square, in the area more particularly described herein, and herein referred to as the'The Old School Square Improvements ProjecW; 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 ProjecF; and WHEREAS, the New Neighborhood Parks, Soccer Complex and Existing Parks Improvement Project, the Recreational Centers Project, the Old School Square Improvements Project and the Library Furnishings and Fixtures Project are sometimes hereinafter collectively referred to as the (~rojectg); and WHEREAS, the City Commission hereby finds that the Projects will serve valid munidpal 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 '~ond~) 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 Old School Square Improvements Projects, 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 2 RES. NO. 72-03 WHEREAS, it is necessary and essential m adopt this resolution in order m 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 w~thin the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BE2tCH, 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 20~h day of January, 2004, to determine whether or not there shall be issued the Bonds of the City in the aggregate principal mount 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 Old School Square 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 Old School Square 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 Are~). 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"~X/estern Area of the Cit~. Section 5. That each of the Projects shall consist of various components (herein referred to as"Componen~'or'~Component~). 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. 72-03 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 awil~ble 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 wilt 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 caus'mg 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 E1 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 hdc[ 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 6101.20 seven (7) days prior to the date of election. 4 RES. NO. 72-03 Section 10. That the vote at said bond referendum shall be by the voting device provided by the Supervisor of Elections (the'~)cvicg), and as approved by the Florida Depaiii~ent 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 mounts 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. the following form: That the ballots to be used in said bond referendum shall be substantially in B_A 11.0T CITY OF D~.I.RAY BEACH, FLORIDA RECREATION CENTISRS, PARKS AND CULTURAL FACILITIES GENERAL OBLIGATION BONDS QUESTION 1 NEW NEIGHBORHOOD PARlr.q~ 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, 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? '~or Bond~' __"Against Bond~' 5 RES. NO. 724)3 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 Ci~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 Ci~s ad valorem taxes? 'For Bond~' __"Against Bond~' QUESTION 3 OLD SCHOOL SQUARE IMPROVEMENT PROJECTS Shall the City issue general obligation bonds to expand Old School Square by acquiring land, constructing a parking garage to free up existing parking for a downtown park, for other capital improvements 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 Ci~s ad valorem taxes? 'For Bondt' 'Skgainst Bondt' QUESTION 4 NEW LIBRARY FURNISHINGS AND FIXTURES PROJECT Shall the City issue general obligation bonds to finance the cost of certain furnishings and fixtures for the new library within the City and all costs incidental thereto, not exceeding $1,000,000, bearing interest at not exceeding the legal rate, mawring not later than 20 years from the date of issuance, payable from the City's ad valorem taxes? '~or Bondt' __."Against Bonds 6 RES. NO. 72-03 Section 12. The resolution shall be translated into Spanish. The above ballot questions, once translated into Spanish, shall be deemed to be incorporated as if fully set forth herein. Section 13. That the returns of the referendum shall be canvassed in the manner provided by law, and said returns shall be certified to the City Commission, which shall declare the results of such referendum shall be recorded in the minutes of the City Commission in the manner prescribed by law. Section 14. That by enacting this resolution, the City hereby calls for a bond referendum on January 20, 2004, and said bond referendum shall in all other respects be held and conducted in the manner provided in and by the laws of the State of Florida and the City Charter. Section 15.. That in the event that any word, phrase, clause, sentence or paragraph hereof shall be held invalid by any court of competent jurisdiction, such holdings shall not affect any other word, clause, phrase, sentence or paragraph hereof. Section 16. That this Resolution shall take effect immediately upon its passage. PASSED AND ADOPTED in regular session on this ~'~! -~ day of ~ 2003. ATI~EST: City Clerk CITY OF DFJ.RAY BEACH, FLORIDA 7 RES. NO. 72-03 REL~ILEKI'ION UI~N:I:I~K3. P/kKlk~ AN~? CULTURAL PAClLI:I:IP-.$ GENERAL OBLIGATION BONDS PRO_IECTS AND PROGRAMS The City of Delray Beach, Florida, commissioned a study of the Cites 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: PRQ_IECTS AND COMPONENTS TOTAL New Neighborhood Parks. Soccer Complex and Existing_ Park~ Improvement Projects Acquire land for up to three neighborhood parks Construction/reconstruction equipping and development of up to three new neighborhood parks Construction, development and equipping of a new soccer complex $3,375,000 900,000 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, pedes~un 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 Ci~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 spo~ in the City, and a soccer complex would greatly serve this need. The City desires to make the following improvements to certain existhag parks. 1 RES. NO. 72-03 !. 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 (drinldng fountains, benches, picnic tables, etc.) 2. Boy ScoutHutPark $ 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 fotmrains, benches, picnic tables, etc.) 3. Lake Ida Park $ 425,000 Renovate and devdop 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. Comell Park $ 150,000 Construct, develop and equip the park with playground equipment, walkway trails, site lighting, landscap'mg, irrigation, and site ameuifies (d~qnking fountains, benches, picnic tables, etc.) Rnhance Pompey Park and the Community Center by developing pedestrian connections, picnic areas and basketball courts. $ 30O,0OO Beach Park Improvements Improve pedes~i,u oriented furniture (i.e. benches and tables) at the beach. $ 75,000 2 RES. NO. 72-03 Other Parks Citywide Upgrade and equip certain existing parks with benches, picnic tables, barbeque grills, shade trees, phyground equipment and w~lking trails. Recreation Centers Projects 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. Construct/reconstruct, develop and equip a new western community center. There is a need for community meeting space, partio,!~rly for seniors, in the western area. The facility could provide a shnple space for recreation programming and community functions. Create a community park/recreation center at the 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 orguni~ed 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. Create a neighborhood oriented recreation center at the Swim and Tennis Club located in the southwest area of Dekay Beach. Subtotal $ 200,000 $9,000,000 $800,000 $3,000,000 $2,000,000 $700,000 3 RES. NO. 724)3 The neighborhood center may incorporate space for card games, civic or neighborhood meetings or other small special functions. Expand Pompey Recreation Center in the northwest are of the City. Expand the Pompey Park Recreation Center in order to accommodate a larger meeting space. Subtotal $500,000 $7,000,000 Old School Square Improvement Projects The purpose of the funding will be to acquire land, and to construct and develop a parking garage and other capital improvements in the Old School Square Area, freeing up the existing parking lot to be used as a downtown park, all as a part of the Old School Square expansion. Subtotal New Libra~ Fumishin~_s Project It is anticipated that the new library will require furnishings and fixtures that exceed the amount herein provided for the furnishings and fixtures, however, it is estimated that the amount set forth herein will be a large step in furnishing and obtaining fixtures for the library. Subtotal FINAL TOTAL $ 7,000,000 $ 7,000,000 $1,000,000 $ 1,000,000 $24,000,000 4 RF.~. NO. 7203 [lTV OF nELRRV BER[H CITY ATTORNEY'S OFFICE pE~L~Y. B,E^$ H~ 19c~ 200~ 10: 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 MEMORANDUM October 17, 2003 City Commission David T. Harden, City Manager Joseph Weldon, Director of Parks and Recreation FROM: Susan A. Ruby, City Attorney SUBJECT: Bond Issue- Fourth Draft Resolution-Statutory Requirements Our office has produced a fourth 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 consider the resolution and ballot wording at your October 21, 2003 City Commission meeting so that it can be translated into Spanish and advertised in accordance with law. know Attachment the changes you recommend. RESOLUTION NO. 72-03 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, CONSTRUCTION OF A PARKING GARAGE AND OTHER CAPITAL IMPROVEMENTS, AS PART OF THE EXPANSION OF OLD SCHOOL SQUARE, 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 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 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 acquire land, and to construct a parking garage, and other capital improvements, all as needed to expand and improve Old School Square, in the area more particularly described herein, and herein referred to as the "The Old School Square 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 Old School Square 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 Old School Square Improvements Projects, 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. 72-03 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 Old School Square 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 Old School Square 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 ^ 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 3 RES. NO. 72-03 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 El 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 §101.20 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 pursuant to the Florida Election Code, comprising Chapter 101 of Florida Statutes, and in each 4 RES. NO. 72-03 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 land acquisition, construction and equipping of up to three new neighborhood parks, 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" 5 RES. NO. 72-03 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 OLD SCHOOL SQUARE IMPROVEMENT PROJECTS Shall the City issue general obligation bonds to provide for the acquisition of land, the construction and development of a parking garage and other capital improvements related to the expansion of Old School Square, 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 furnishings 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. 72-03 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. 72-03 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 New Nei.qhborhood Parks, Soccer Complex and Existing Parks Improvement Proiects Acquire land for up to three neighborhood parks Construction/reconstruction equipping and development of up to three new neighborhood parks Construction, development and equipping of a new soccer complex $3,375,000 900,000 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. The City desires to make the following improvements to certain existing parks. Bexley Park Construct, develop and equip Bexley Park located in the northwest araa 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.) $ 500,000 = = Boy Scout Hut Park Construct, develop and equip the Boy Scout Hut Park with playground equipment, waikways, play courts, parking areas, site lighting, landscaping, irrigation and site amenities (drinking fountains, benches, picnic tables, etc.) Lake Ida Park Renovate and develop the City's portion of Lake Ida Park with gazebos, walking trails, restrooms, parking araa, site lighting, landscaping, irrigation and site amenities (drinking fountains, benches, picnic tables, etc.) Cornell Park Construct, develop and equip the park with playground equipment, walkway trails, site lighting, landscaping, irrigation, and site amenities (drinking fountains, benches, picnic tables, etc.) Enhance Pompey Park and the Community Center by developing pedestrian connections, picnic areas and basketball courts. Beach Park Improvements Improve pedestrian oriented furniture (i.e. benches and tables) at the beach. $ 350,000 $ 425,000 $ 150,000 $ 300,000 $ 75,000 2 RES. NO. 72-03 7. Other Parks Citywide Upgrade and equip certain existing parks with benches, picnic tables, barbeque grills, shade trees, playground equipment and walking trails. Subtotal Recreation Centers Projects 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. ConstructJreconstruct, develop and equip a new western community center. 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. Create a community park/recreation center at the 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 racreation center with the Boys and Gids Club's plans. Create a neighborhood oriented recreation center at the Swim and Tennis Club located in the southwest area of Deiray Beach. $ 200,000 $9,000,000 $800,000 $3,000,000 $2,000,000 $700,000 3 RES. NO. 72-03 The neighborhood center may incorporate space for card games, civic or neighborhood meetings or other small special functions. Expand Pompey Recreation Center in the northwest are of the City. Expand the Pompey Park Recreation Center in order to accommodate a larger meeting space. Subtotal $500,000 $7,000,000 = = Old School Square Improvement Proiects The purpose of the funding will be to acquire land, and to construct and develop a parking garage and other capital improvements in the Old School Square Area, as part of the Old School Square expansion. Subtotal New Library Furnishings Project It is anticipated that the new library will require furnishings and fixtures that exceed the amount herein provided for the furnishings and fixtures, however, it is estimated that the amount set forth herein will be a large step in furnishing and obtaining fixtures for the library. Subtotal FINAL TOTAL $ 7,000,000 $ 7,000,000 $1,000,000 $ 1,000,000 $24,000,000 4 RES. NO. 72-03