12-04-69SpMtg DEr/..~B~ 4, 1969.
A special meett~ng of the City Council of the City of Delray Beach,
Florida, was held in the Council Chambers at 4~00 P.M., ~ursday,
Dece~er 4, 1969, with Mayor J. L. Saunders in the ~nair, City Manager
David M~ ~atche~, City Attorney G. Robert Fello~ ~ ~uncilm~
John L.~' Pitts, III, J~es H. Scheifl~, J~es B. Wilson and O. F~
e ng' esen .
Mayor Saunders call~ the meeting to o~der and announced that s~e
had been called for the put. se of Council canvassing the reruns of
the General Election hela on Tuesday, Dece~er 2, 1969, and for any
other. ~usiness that may ~me before the meeting.
The meeting proceeded as follows~
Mawr Saunders~ "~. Wor2h~ng, do you have the results of this elec-
tion?"
~. Worthing: "YES, Your Honor and m~ers of Council, in front of
~ou is a ~mplete set of the returns furnishe~ ~ the Inspectors and
the Clerk of the ~eneral Election. ~e top sheet is merely a reca-
pitulat~on, a 'product of the City A~inistration recapping all sheets
from thereon which are the re~rts from ~e Inspectors ~ the Clerk
For'%~-year te~' for COuncilman ~
conC~'rn'ing' ~h'e '~traw'vote, 'Should the City' sell the City owned 400 feet
Yes 717
, ,,._ .,..l ;...,.. ,: , ? ........... '.'~.. ', ':k ,u ~' ['L'"L '.'~,7-', i , ',.;. " ,. ·
~ ....... ~.~. ,... '~ ~,, .... "' , .... F ''" C'l ~'% .~'.;~-...- -~ r'~,:~-r,,; ~ ~ ~ i
'.::*~' ..:~.y~ :12~5~ ':...
' , "' '"' '"' ";'~" '" ' - '7 '"-' ' ~' ': (' ': "':
'Pro~sai~ Nb'.- r': ca~&= Treatmen~ Plant.~
. , ,;.,..,.; .... ,,: .f.,.,, ~_ ....>',' ..
.,.; - ,': .~ , -~., . ,,.. No..,.-._44 .'. ,.-;~...'; - "," -~.: .'--.
T~ V~IRS attendin~ the ~enefal El'eetton, as reflected froa the
m~h[n~.-, -~ --.,,~.-'~:;2802['~':a~'281'6-'":~hP~"~ :~:' ~{~ ;abse~ge. b~l~ts~ ~s~i~.e~., m~ !ng.....
! would like to mention, at this time Gentlemen~ that, as .you well
know, your Bond Counsel requested a certificate of registered free-
holders, so on file in City Hall is the following certification:
~I, ROBERT D. WORTHING, City Clerk in and for the City
of Delray Beach, Palm Beach County, Florida, do 'hereby
certify that, in accordance with the Registration Books
and Voters Registrations contained therein, there are
4,040 FPd~EHOLDEItS included in the total registered Voters,
numbering 5,2?8, in the City of Delray Beach. e
Executed December 1, 1969, the l~rior to the ~lection."
Mayor Saunders: "It is my understanding, Mr. Worthing, that you have
some sort of a do=ument' contesting the election.' Would you read
S nme."
City Clerk Worthing: "I would like to distribute copies of that
prior to reading it. The reason they haven't been distributed is
that Z thought it best that they not be made public prior to this
meeting.
This declaration of contest was properly submitted in accordance
with Section 155 of the City Charter, and is as follows:
PROTEST OF ELECTION RETURNS TO CANVASSING BOARD
'As provided,, in Section 102.166, Florida Statues, I~
-- ........ . , of Palm Beach .County~ Florida,
beli~eve the eiect£0n returns from Delray Beach, Florida,
in the General Election 1969 are erroneous.
I hereby protest the canvass of such returns by the
City of Delray Beach canvassing Board, and request that
said returns be investigated, examined, checked and cor-
rected by said Canvassing Board. The basis for this
protest is attached hereto. ~
DECLARATION OF CONTEST OF ELECTION RETURNS
tNow comes the undersigned, JAMES H. JURNEY, and files this
contest and protest of the election returns of that election
held on December 2, 1969 in the City of Delray Beach, Florida.
This protest and contest ~s based on Section 155 of the
City Charter of the City of Delray Beach, Florida, and the
basis of the said objection is as follows:
1. That according to the protective counter number, one
of the machines registered a number ending in a 38, and based
on information to the said undersigned, -it is impossible for
the public counter to equal the number of votes cast at the
said elect~on and end in a 38.
2. That it is the belief of the undersigned Candidate
that there was an error in at~ least.200 votes at the time
of the said election ~ when the Election Board had the Clerks
read the vote tallies from the machines, and therefore, the
actual count in fact is not a true count of the election re-
turn.
WHEREFORE, the undersigned now requests that the voting
machines be opened and a recount be made in the presence of
the Canvassing Board, together with a check of any and all
other voting material available.
The undersigned' has disCUssed this matter with Mr. Brown,
and was assured by Mr. Brown that he will cooperate with
the undersigned in having the voting l~a~hine8 opened, and a
This.Declaration of Contest of Election Returns is signed
by me on this '3rd-day of .I)ecember, 1969.
/S/ James H. Jurney
For those in the .audience who are not familiar with the Mr. Brown
referred to, .he is the custodian of all voting machines for Palm
Beach County.
In this connection YoUr Honor, if.you care to have just a little
comment concerning Item No. 1. in the Declaration, if you will again
look' at the 2nd page of the returns submitted to you., the second
page reflecting Protective Counters and the Public Counter, referring
back to Item No. 1 of the Dec.~aration,.that according to the Protec-
tive Counter number, one of the machines registered a number in a
38, There were but four machines. There is no number on any of the
protective counters of those 'four machines ending in 38."
Mayor Saunders: "Mr'. Jurney, would you care to tell us where you
got your number. 38?"
Mr. Jurney~ "Yes. Your Honor. I asked Mr. Worthing several days
before the election, if I could have poll watchers and he advised me
that the City Charter did not have any provision for poll watchers,
and it would have to revert to the Florida State Statutes concerning
poll watching, which is to notify the Clerk of the Elections or the
City Cl~erk fives ,days pri~r..to the electioD. ,
I. wanted t9,.~ go,. ~Dto~ th~.~, e!e=t,.~0D:' rogm, the ot~er' night W~en they
were c0Unt~ng~t~{e'votes'of~ the ~a~hineS and~I cou~dn,!~t ge,t i~. I
think that any man who takes the time and effor~ to run for'an elec-
tion sh.oul~ be ~al!gwe~.t.to~go ~in~o the room to see the,. numbers that
appear ,on~ the..vo.,ting machi, ne.s' as they_. 9r~. taken off. It is my.. firm
belief that _any human being is subject to human error, especially in
in a place th;a~ i~ poorly, lighted such. as,this, was, an~, ~ saw, several
of the machines.being.monad' aroun, d ~o where, they could .get. more light,
but :~ven. with. that, it wasl ~Iu'it,e' dim iD. there, I no~iced the. way this
{~as take~n .0f~,, the~numbers,~ there was'~ ,0ne,~ person reading the. numbers
off the machine and call.lng the .numbers o~t to a, person taking, them
down. .There in ~h.at one par. xcular~ case I think that_ there ~s room
for error, humen' error,, again, I am. not saving th'at'there~ is ~ny:-
t.hin~fraudulent in any way.or_if~shi.on~: I have gone to a great deal
of trouble h6r~ in th~s election'-and I feel just 'like ahy of you
gentlem~n.would if:~you.were .going to a. ban~k to. make. a deposit, and
you were a bus,in~s~ man, you certainly wouldn't take your money and
put it in a bag and take it to any bank and say 'would you. count this
a, Dd mai! me my ~deposit ~lip, .. I feel, the same way about this elec-
tEon a'S.'y6~ or I i WOuld'. in taking, yoUr'mOney/t° the bank~ ~I'm. inter-
este~ in going uP there, anywhere' that's necessary, to look at the
numbers oD the machines' and also-count the electoral baiiots' that
were Signea.~,. 'I_.hav,e talked to some of the authorities in the elec-
t~ons in 'palm Beach county and .they,have told me that there is a
chance~ of. the' ma,Ch~nes, ~. the ~ov~ng~, from~ ,one .~ ..~. 1ling, place t~.
i°n, a d. comi g' rom a reiiable source' th6:re.again 't~is is'one
other reason that I' think this shogld ~e checked..'
Mayor sa~d~s~ ~' ~.....~ .... . .. , ~ . .
"Getting back '~o.' my"°rlgina~l ':~ '
, . ....... .. . ,. , questzon, .,Mr ~..jUrney,
where"did~:yO~u get ~he number 387'~
."Where~ I gg~ t~e 6r:i~i~al' numbe~ 38 ~as aft-e~.-th~ el.ec-' '
.t~on, ;',-Z was, S it~'~ng down h'av~ng. ~' Cup..'~ f:.,~Offee ".an~'v We. dec:i~ed' that
we wo~ld' come:'" back;' over and' se:e "if.'_ s6mebOdY fro~.· the. C°u~t.l~ was, here
~hat we, ~m~ght.be., able to 16ok~ at?the.,~achine's,.or~/t° ~n some.way
te~m£ne ~that 'the" election .was'ru~h Properiy. -At the time.'that' I was
over..'a~t- ~he gym~asiUm ~at th&.;'Civic.Ceat6r ,:.where ~he 'e!e'cti6ni was .held
we did~a little in~est'{gat~ing','~V~r?ther'e and I.found an.envel~.pe·
w~ich~bore~, .~ ~, . . ,. ,the ~key..to open the maChine~ an4 that ,enVelop6 had 'N0, .38
on',. the. end O.f'.i,~ba~: anvelOPe.. ' T'hfa'.i..i~nd~c~t&s to m~: tha~t. ~chat i's ~he
-3- .. ,sp. ,.
198
last two digits' in ~the protective counter, because the protective
Counter, Gentlemen, is the .tOtal number of votes ever cast on that
particular machine.
We will go to machine No. 141012, protective counter 3062 and a
public count of 503 votes.
We go to protective counter Machine No. 141010, the protective
counter read 3089 with a public counter of 805. Machine No'. 141009
with .protective counter 3603 and public counter ?64. Machine No.
141006 with protective counter No. 2543 with a pUblic counter of 730.'!
Mr. Worthing: "Pardon me at this point, may I correct Mr. Jurney.
Read that. protective counter again on 141006."
Mr. Jurney: "On 141006. 2943, Sir."
Mr. Worthing: "Correct. You said 2543."
Mr. Jurney: "Excuse me~ Sir. PUblic Counter ?30. I do have the
numbers of the seals that the machines were sealed with. In the find-
ing of the envelope with the n~mber 38 on the end, I went back through
these and I couldn't find any corresponding number. So, Gentlemen,
I am asking yo~l to allow me to look at these machines and make this
count."
Mayor Saunders: "Does 'anyone know the rules and regulations as to.
the ............ ."
Mr. Worthing: "Your Honor, i think it would be well at this time if
you Gentlemen had the City Attorney read Section 102.166 of the
Florida State Statutes, if you have them with you and if you haven't~
look under your counter and-you will-find the State Statutes and you
will find that section on Page 384."
Mr. Scheifley: "Mr. Worthing, while he is doing that, I think I
understand all of these except the column of figures that says SBAL.
What is that number SEAL?"
City Clerk Worth£ng: "It is a seal that is put on the machines when
they are closed up after any election."
Mayor Saunders= "As I understand it, when the election was closed
Tuesday evening there was a seal put on these machines."
City Clerk Worthing: "Yes Sir."
Mayor Saunders= "They were taken to West Palm Beach and the mach~uae~
are exactly now like they were at the end of the election."
City Clerk Worthing: "I would hope there was never any change in .'
those machines or any others under similar circumstances."
Mr. Wilson: "M~y I ask a question, Your Hollor. IS it possible that
in being trucked back, loaded into and out of the truck, and being
subject to jiggling and jostling while enroute, is it possible that
there could be any change made in the totalsg"
City Clerk Worthing= "Whether Mr. Beasley could answer such a questS.on
or not remains to be seen. I' doubt if any other human being, unless
it is the manufacturer, and I do not know who made the machines, could
answer such a question."
Mayor Saunders: uI think all we have to do is go up there and check
the numbers."
Mr. Jurney~ "I would like.to count the electoral ballots too, the
ones that are signed." ·
-4- Sp. 12-4-69
Mayor Saunders= "I am going to appoint a committee of Mr. Wilson,
Mr. Pitts and Mr. Scheifley, who are not concerned with this. Mr.
Youngblood and I are. If you can tell us when it would be convenient
for them to go up there to canvass these results."
Mr. Worthing: "I will be glad to, your Honor. I would like to recom-
mend, subject to his concurrence, that the City Attorney go along, and
I personally request permission to be in that group."
Mayor Saunders~ "Fine. Could you go tomorrow?"
C~ty Clerk Worthing.- "Friday, Monday, Tuesday, Wednesday."
Mr. Scheifley= "The sooner the better."
Mr. Wilson~ "I would prefer, for personal reasons, to go Monday
rather than tomorrow unless you think it is of crying importance to
go tomorrow."
City Clerk Worthing: "The machines will be the same Monday as they
will be tomorrow until you Gentlemen or the Administration authorize
their clearance."
Mr. Wilson: "We have until the 12th, is that correct, within t'en
..days. o~, D~.e, cember and.."
,~s. ~s purely..~ersona~, an~ ~as. I say.,.lt.~wou~d.~be most
' ' .... mt' I WOul~ be de'light~ to g°'~at
any other time."
I agafn.'reco~en~...that..y~9 Gentl~en.h~ve the City.. Attorney read a
~rtion tha~ applfes to this matter in SectiOn 102.166."
Mr. JurneY: "I ~uld like, as well-as mySelf being there, the people
.~hat I. wfsh...to be...Present., top, beck,se t~. are familiar with these
machi~e~~, a~d' a'lS°"that:'~ 'Attorney be present.
have to read, ~. Fellows,."
City Atgorney Fellows: '~'This is Florida Statutes SeCtion 102.1~6,
'PrOtest of Election Returns~ Procedure~ Venue, (1) ~enever any
elector or candidate be~.:ieve~ th.at election returns, are ..erroneous,
he Shall have the r~ght to file a.~%t.ten protes.t~ against. 'the canvass
of such returns with th~ canvasSing ~ard specffyfng the precinct. or
precincts in which he believes such returns are erron~us. Such pro-
test. may be filed with.the canvassing b~ard up..untfl the t~.e the
canvass has.b.een c~mpleted and the totals' of' vote~ tabuiatea. Before
:c~vas'si~g'such returns ~the: canv~SS'~g: board :sh~a:ll e~ine 't~ counters
on the mach. ine :.or .th9 ~ab~la~ion of the..pape~"~allotS :Ca:S't~ in Su'Ch
Pr~c.inctS.'- ~d.. detg~mine:'' Wh.~.ther the ret:~rn~'. Corr~ect'Iy...~ ~eflect the
voteS; ~ast, :. 'If :th~ be' diS:~re~ancies' between.-'the returns' and the
counters of the machine, or the tabulation of the paper ballots cast,
the cg~n~rS~ of' S~eh~ machines or the'~preCinut~..tab~lation~ Qf the p~per
vassed ac~ rdlngly.. ~e:right's of ali'. parties :ih.ig~erest' to appeal
to the ~urt for protection against error are not annulled.'
There~ are. two other: paragraPhs ~. that haVe:~ ~0 d~...wi~ accusations of
fraud which are not Present."
Mayor Saunders: "~. Jurney has contested %he elect~on and I have
-ap~$n~e~ .a ~grou~~ of .men to .go up. there and .act. as a. cgnvassing Board.
~at area. his r.~ghts as to the re~est he has 'just made a~ut having
his 'attOrney and ail"the ~thers there, 'a0es~'he~have any mo'r~' rights
other than'thelf.aut that I have. app0-i~ted .'a canvassing ~ard and I
perfectly willing.to abide by whatever this Canvassing ~Board finds?
I am certain that the people in .this City, if there is any mistake in
this election, they want~to know the facts of it and they want it cor-
rected. By the same token, if there is no mistake they want to know
that too and they want to know it as soon as possible."
City Clerk Worthing= "I believe the City Attorney should' impress upon
you Gentlemen, I believe it be the closing sentence of that long
paragraph he just read as to the results the machines disclose."
City Attorney Fellows: "If there be descrepancieS between the returns
and the counters of the machine, or the tabulation of the paper ballots
cast shall be presumed correct and such votes shall be canvassed ac-
cordingly."
Mr. Jurney.- "Whether you have enough ballots to account for the number
of votes on the machines?,'
City Attorney Fellows= "The only paper ballots involved in this is-
sue would be your absentee votes, fourteen."
Mr. Jurney: "Each elector has to sign one before he can vote. That
is what I am talking about. The electoral slips. Getting back to
Mr. Saunders appointment to Mr. Scheifley being on that Board, I would
object to Mr. Scheifley being on that Board inasmuch as I know that
Mr. Scheifley was working very hard for Mr. Saunders in this campaign."
Mayor Saunders= "Mr. Scheifley is a member of this Council., and this
Council is the Canvassing Board, and I really could care less if you
object, Mr. Jurney."
Mr. Jurney: "Well, that I do. I want the people that I want to be
there to be recognized."
Mrs. Libby Harris= "My name is Libby Harris and I live at 1404 N.
Swinton. I'm a resident of Delray Beach. If I may' address the
Council, I believe the sentence that Mr. Worthing had. in mind was
this sentence: 'The rights of all parties in interest to appeal to
the court for protection against error are not annulled.' .! wonder
if His Honor would take that into consideration when he is appointing
his Board. This would save legal problems."
Mayor Saunders: "I think I already have. Discussion."
Mr. Jurney=. "Mayor, when W'ill.'the date be on this. Will it be
Mayor Saunders: "I assume it would be Monday for Mr. Wilson."
Mr. Jurney~ "What.would the date of Monday be?"
Mayor Saunders: "Monday is the' 8th. Would you' give us some guide-
lines here as to time."
City Clerk Worthing: "Anytime convenient to you Gentlemen between
8:30 A.M. and 4:30 P.M."
Mayor Saunders: "Don't we have .to work with the man on that end as
to when he can let you in?"
City Clerk Worthing: "Yes Sir, because they are all locked up and
sealed until given release by this'gOvernment to. release' them."
Mayor Saunders: "Would you be in touch with him so that it could be
arranged, at 10: 00 o ' clock Monday morning."
-6- Sp. 12-4-69
City Clerk· Worthing~.."That will be fine, Sir. I think it would be
in order· at this time,, with your'~ City Attorney's assistance, to pro-
vide for, if it is in order, Mr, Jurney and his associates to be at
such an observance."
Mr. Pitts: "Mr. Mayor, didwe decid~ whether it was proper or legal
for Mr. Jurney to have anybody else he wanted to go with him."
Mayor Saunders: "That question didn't get an answer."
Mr. Jurney: "I'm not an attorney, but I~ think that .in all fairness
that as much as the City has appointed, you have appointed an election
committee to go UP there and tally these, I think in all fairness to
me I should have the same amount of people."
Mayor Saunders: "I have no ojbection to you having someone there Mr,
JurneY. As I stated, I am interested in clearing this thing up,
probably more so than you·are and nobody that I know of is trying to
hide a thing."
Mr. Jurney: "The only thing that I object to is Mr. Scheifley inas-
much as h~ openly and politically, did politic for you as an individ-
ual. .I think that is against the Charter .of the City Code here."
City Attorney,'.~ ·?I,~on ~.t,k.now. about the last .state~e~. t.:. abgu~' ~.. ·
o
City ¢!.e~k wo~thing~'.: "I, aon,~t belle~e~you.wil!,find anywhere inthe
Mr. wilson: "Inasmuch as I am to be one of the three who are given
.the b~rden and~ the. res~0nsibi!.ity of making' this .canvass, I. wou.ld..
like tO ~pg. i-nt out~. that.,..~r: P. itts,.Mr.. ~SCheifley and:.I will merely
canvass the..situation,~ that .we w~!l: recheck the.~alidations given
here and give ~our.opinion as, to~ whethers.the'.'figures are, .or are not,
correct. The others in attendance Will be there in the roll of ob-
s er~ers . That would:,, include, m~,..Wot:th ing..~ as an. expert~, witness, ~ an~.
Mr.. FelloWs who:would be: ther~, in. a ~ legal' capacity 'to :protect· the
interests of the C-ity., I personally .would have no.objection..whatso-
ever to Mr. Jurney's being present as an observer and his attorney
or whomsoever he mi~htwish. I think that obviously ti~:~s is an open
situation where.we..are merely checking ~the accuracy of the totals and
.that is-.it, no more ~.a~nd no less"
": 're d something, Mr. Surney and ask for
: It.-.shall be unlawful,for ,any,pe=son c,onne~ted.with th~ City govern-
.Y, . anaiaa &S fOr ~coi~ndfl~ani "A~y appointed O~ficer or' '&mployee
.having,been found guilty: of~violat£ng the provisions of this section
au=£ng,the five Years ifollo, Wi'ng Such v£olation~ provided.that the.
CounCilmen shal.l"~in~ ~e:.'.affe6~d"by'thiS ACt.. TheE¢oUneil sh,al~ de-
cide ~y a';m~jorit~ '¥1~'~:thereo:f, '~ft~r~Ublic. heari'n~ .ann' ~resentat£on
Of ev~dence,~ whet~her'~such a vzolatzon has been :committed.
-?- Sp'. 12-4-69
Mr .... Pitts: "Mr~ Mayor, con~nenting on that 38 counter figure, I would
think it might be qUite possible if you look at 101009, it shows the
2838 as the beginning vote and .it is quite possible that when they
came down here the 38 written on there was from the last use of it.
It could have been 2838 that they finished up with."
Mayor SaunderS:. "Mr. Jurney, you will be able to attend and be an
observer with whomever you want. Don't load the place down with
people. Give us a fair shake on the count. These five men will
represent the Canvassing Board for the City, at 10:00 o'clock Monday
morning if that can be arranged with Mr. Brown.
Mr. Wilson: "It is up to us to be at Mr. Brown's place of business."
Mr. Worthing: "As near as possible to lO:00 A.M."
Mayor Saunders: "I would suggest that you all come here about 9:15
A.M. and go together. What do we do about the Bonds, Mr. City Attor-
ney. What should we do about that."
City Attorney Fellows: "In line with the conversation I have had
with Mr. Triable, the Bond Attorney, I believe it is in order for
the Council to accept the votes as cast, the votes that were cast,
passing each of the issues and accept it on that basis. The report
as drawn here will have to be redrawn to reflect the freeholders who
participated in the election."
Mayor Saunders: "Would you phrase a motion for us~ What should the
motion be?"
City Attorney Fellows: "The Bond Issue as reflected, in Proposal 1 -
Fire Houses and Equipment, passed and that the Bond Issue in Proposal
2 - Storm Drainage is passed and that the Bond Issue In Proposal 3 -
Water Treatment Plant, passed."
Mr. Youngblood: "Is that in accordance with the State Constitution?"
City Attorney Fellows: ',Yes Sir."
Mr. Wilson: "Mr. Mayor, may I make this comment because it might
eliminate confusion that coUld come about later on. If we question
the totals on these machines in one area,, how can we approve the
totals on the same machines in another area? Wouldn't.all of them
be subject to a recount?"
Mayor Saunders: "That's a very good point."
City Attorney Fellows: "We are just being charged, as I understand
it, on the question of the Mayor's race. We are not being questioned
on the votes on the other items."
Mr. Wilson: "The point that I bring out, which I think is a valid
one, and I bring it up not because it reflects any personal interest
an my part in any way whatsoever, is this. These totals are being
challenged by Mr. Jurney and in. order to check whether these totals
are, or are not, correc~ we are going to have to have a recount. Now,
can we assume that the results~'in the other areas are correct and are
not subject to the same type of recount~ I bring that up merely as
an acedemic question."
City Attorney Fellows: "The only question is concerning the Mayor's
race, there is no other question, at least I've heard of none con-
cerning the election of the Councilmen or the Bond Election or the.
straw vote."
-8- Sp. 12~4-69
MayOr Saunders~ "I think· Mr. Wilson's'~point is well taken, and in
checking them, why not Check them all while you are there. Is that
what you had in'mind?" ·
Mr. wilson: "Yes, because somebody, on a technicality, might say
'now wait a minute, let's assume for the sake of argument that there
may be some changes !,"
City Attorney Fellows: "We will leave that up to the Canvasssing
Board if they want to look at all of them, they can look at all of
them." ~
Mr. Wilson~ "I merely want to forstall a possibility later on of
someone challenging the validity of the results of the Bond issue on
the ·basis that we didn't make a recount."
Mr. Pitts: "We can do it within ten days can't we?"
Mr. Jurney: "Mr. Chairman, I wouldn't object to recanvassing the
whole entire election. I would like to see that done if possible."
Mr. Wilson: "I would like to point out that in the case of the .Bond
Issues the approval is so overwhelming that it would be highly un-
likely that the result could be affected in' any way,. but if we are
going .to. do ..this ~thing~ ~e Right ~s.well~.¥erify. it all.. the,wa,,"
.Fir.. S. cheifley.,, . was going to make the same po£nt, that on' the bond
issue it is almost three to one on each machine, and I don't think
.that ~ by the remo,test .stretch.of: the. - ..~maginati~n. there, could be~. any
change '~ in that." .... .
Mayor s'aunders~ "i w~uld be willing to leave that up to the Canvass-
!ng.Board,~as to whether or not they wanted· to. check it.."
Mr,s., 'Libby Harris: "I have talked to 'several different peeple abOut
the Bond Issue and they tell me that the Municipal Ordinances by law
.take precedent over. the State Constitution,. so ,we are governed by the
'laws. of' the. City.~. The City laws read that,.-it- says. down_, here:..at ~he
'S
bottom, of th.x ,thing that was distributed by' {he Fire Department:
'For a Vali'd'"election~ fifty per cent plus I of the freeholders must
vote. Please. ~Vote. and ~bring your neigh~bor., ' . This-wasn't fifty per
cent plus one and I think to be' on the safe .side that we ought to get
somebody; c~oser, to..home, ~ike n%aybe. Earl Faircloth and: ask ,him if
this is legal,, because we didn't, have fifty per cent.p
attended a me,ting 'pr~or to the election at which all of the Candidates
for the. city were ~,r, esent and they', al! agreed and all .the_ poli. tical
'expe~ts at tha..t.meeting~ that .'were for. this bond issue and had studied
it, and all agreed that you had to have fifty per cent t>lus~ one. Like
e%e~rybody that .v~'ted. Could have voted' yes, but it doesn't ma%ter.
Mr~ Scheifley: '."Would yO~u' accept the decision/of the. State .Supreme
Mrs, HarriS:' "NO.. I~'WO~ld' li~e"tO' ask Attorney General FairclOth."
City clerk. WoNthing: "Mr. Maygr, may I comment,, .it may. help calrffy
this and it is not'in Opposition to your thinkiDg for you know that
I am' in- favor of alt the work you are doing, I am of the firm opinion
that far more.than fifty per cem.t~p.lus'on'e of the..qualified freeholders
voted, at th~at~electio~. That is borne out.only in my.mind by .the
fact thay very few,.people, perhaps~I shouldn't make it that smmll,
but 'it is~ only, a. small 'percentage of' people go in and vo~e on all
· three. There are. PrObably. several hundred.'people~ that only vo~e on
one issue, an'd it. w6'uldn't stret:chT~ny imagination.of wear out any
one's thinki~ng.to.realize that five or six hundred to a thousand
people that only went. there and voted on one of those three proposals.
There are plenty of other people, probably a few .hundred, who went
there and voted on one::other particular proposal, and there are a few
people who. voted on all three, but I imagine it is very few. I dare
say, and I am wa~ting~for this Council and will welcome the motion to
have the identification slips of the qualified electors counted, and
it isn't going to be ~one in the next hour or next day under any
circumstance.~( .but it will be done in reasonable time, and it will
show far over fifty per cent plus one that voted in that election."
Mrs. Harris: "Your remarks are definitely very interesting, but if a
person 'did not vote in that bond election on one issue it might have
been a way of saying no. I myself thought that if I don't vote on
any of these bond issues it would be a 'no' vote· You had two ways
of voting no, voting no and not voting at all, so if they d£dn't vote
you can't determine at all that it meant a 'yes'"
City Clerk Worthing: "There was but one bond election the day before
yesterday, December 2nd, and again I say I believe a count of the
identification slips, properly executed by a very efficient staff
under a most capable clerk in charge of the entire Election who has
served this City, even before my time and I have been here twenty
years, he has always served in charge of the election in thi~ City
most capably, and he also holds a similar job with the County Elec--
tions, his work is unquestionable and he is a most capable man.
This election was held efficiently as all prior elections in my day."
Mrs. Harris: "I would like to ask the Attorney General's opinion on
whether or not this is valid. Thank You."
City Attorney Pellows: "The Attorney General's opinion isnice to ge~,
but the same issue I have been told is already before the Supreme
Court of Florida and. whatever they say is going to.be it."
Mayor Saunders: "The Bonding Attorney has advised that we proceed on
the premise that the State Constitution overrules the City Charter in
this matter. There is a case with the Clty of St. Augustine in the
Supreme Court at this time."
Mrs. Harris: "Excuse me. I hate to argue with men because you never
win, but until we have this ruling by one of the Courts, you can't
assume they are.going to rule it that way until they actually do.
Until.they do the City law takes precedent, the City Ordinance takes
precedent. As soon as they rule, then it would be assumed if you
wrote for an Atttorney General's opinion then maybe this elect~on could
be legal for the Bonds, but under the circumstances we are not follow-i
lng OUr own laws and I don't think that is too much to ask of anybody
to follow their own rules. If we don't like the rules, let's change
them, but as long as we have them let's play by them."
Mayor Saunders: "Areyou an attorney, Mrs. Harris?"
Mrs Harris~ "No but I'
· , m a graduate ~olitical Scientist, among other
things, from the University of Miami."
Mr. Wilson: "May I ask this Your Honor, let us assume again for pur-
poses of discussion, that we do go ahead and get started on the
preliminaries attendant to the floating of the Bond Issue and its
sale, and then we might find that when the decision was handed down
it was adverse insofar as we are concerned and did uphold the City
Ordinance vs the State, what then? Would we be out of pocket to any
great extent? what would be involved?"
Mayor Saunders: "Can you tell us'; Mr. Fellows."
-10- SP. 12-4-69
City' AttOrney Fellows = "You wouldn't be any more out :of pocket than
what you already~have ~ommitt. ed ~yourselves for."
Mr. Scheifley: "Mr~ Fellows, would you please suggest the wording
of a Resolution for us to pass concerning the Bond. Issue. I would
be glad to make it if you would tell us if we should ~preface it with
a qualifying phrase or something like that. If you will write:it. out
or give it to me,. I will be glad to make it to make sure Et Es legal."
City Attorney: "We've got to recanvass the votes. This would be out
of order at this time I believe."
Mr. Pitts= "Mr. Mayor, in part answer to the young lady's question,
if we do not go ahead now hopefully '.that this is a legal validation,
we are likely to cost the City $40,000, $50,000 or'$100,000 by delay-
ing this action and finally getting a validation which we know we can
get with another election a year from now, because we can change the
Charter. During that time the cost of everything that we are trying
to do is going'to go' up, up, up, and if we go ahead on the presumption
that it is legal, it, is not costing us if we are stopped later. It
is not costing us a dime except for'the loss of time again. So
think we should go ahead and I think I would like .to make a ~motion
following Mr'. Worth'ing's thoughts that we get a count of the free-
holders in this election, and that we ask the City Attorney to make
an op£n~on on what., a.. !no,.v,.ote' means, . we found th&tan, abstaining.
vote here onthe Council.'meant.a' "Yes' v~te, that if the person did'
not feel strongly enough against the Bond Issue or .against any issue
to vote !no'., cf..if they~di~n'~t.~vote, at' all it is acquiescent to the
question.. I think~we .shoul~ make. the~.~motion to count, the freeholders
and ask the City Attorney, in.the, same mo~-ion, tO give an opinion on
what it means~ to .not. v. ote, , even though .. the person~ went ~n .the booth.."
City Attorney Fellow~= "I thin~ the first 'part of the motion is good.
I think~we need this information, in fact, as. to the. number..of free,
hol~ers who actually'.pa=.~i0i.:pated in the election, which Would mean
going through and counting all those slips."
Mr. Wilson= "I would like to point out that at .'Es quite possible
that, let us say that we had more .than fifty, per. cent .plus,'one but
the ropeS on' the..indEvidua! items ~o noti .n?cessar_i!.y have to .total.
that becaus,e, as Mr.. Worthing pointed out, one migh~ v,ote for one of
them and not at.all on the other two, One. might .vote for all three
and one .might/fOr two and one might.,v0te, for .one.., ~bUt they would'.~ump
a!l,~over, the .place and .-Would .not neceSsarily total the .total number
of freeholders who have signed slips' that will., be' counted,"
Mayor. Saunders: '~Before we have., any more discussion on.this, did.you
make that as a .motion .Mr. Pitts?"
Mr."Pitts "Yes~ i"thin~ the Cz y. ~t~or~ey is-trying, to 'tell toe"the
secon~.'part" of ~th~,t shOut'dn ~t' 'be ih' the' .same motion."
Mayor saunde~s =-."Y°u are ~aking. a. ~otio~~that the .freehoiders b~
counted."
Mr. Sche~ley~ '"i w£il secohd"~hat motion.,,
Mayor Saunders: ."Any discussion."
Mr; Jurney: "First. of all, I~would like .for you to know, aS I have
said before, I was in favor of the bond issues but in answer to Mr.
Pitts's statement-a.'while ago that. it is liable to cost the City
$40,000 .or $50,000 or highe~ if it dOesn't proceed now. However, I
would like to point out .one thing that t~r°ugh taikin'g with 'several
206
people today and some of the people It have met up and down the street
have questioned the validity of the ~ond Issue being passed, have
been very strong and have sa~d that they would almost be willing for
a taxpayers suit against this Bond Issue. Now in the event that
something like this happens, a~d you just stated that it wouldn't
cost the City anything to wait, ~t will probably cost the City
something £f we don't go ahead, I think maybe you might look at this
twice because it might ~st the C~ty a great deal ~re ~an that if
th~ proceed ~o ~[ckly,"
~. Pitts: "~y would a law suit a~ainst the City cost the City
money. ~e p~ple would not be suing for ~ney would they?"
~. Jurney~ "No. They ~uldn't be suing for money but it ~uld
still cost the City to defend
~. Younqblood~ "~. Mawr, I think that is the reason we have a
a C~ty Attorney. This thing, ~t se~s to me, should come under his
jurisdiction. If:~the State Legislature says that this thing is valid
w~th those partic~pating, and ~t super rules, I sup~se we are just
working t~porar~ly until we hear from that de~ar~ent, and after we
hear from them we act on it. I ~n~t see, regardless of what we hear
in the street a~ut gossip, p~p!e c~ m~e all kind of threats, but
if they don't have grounds to ~rk I don't see how the City could
lose anything."
Mayor Saunders~ "There is always the ~ssibility that people can
enter suit. ~at is with ~ny issue."
~. Scheifley= "~. Mayor, I agree with ~. Youngblood. All that
Mr. Pitts motion is to dete~ne facts and you c~'t get ~n any
trouble just by getting some facts, so let's get on w~th the facts
and leave all the leqal o~inions to the La, er."
Mayor Saunders, "We have a motion and a second on the floor. Would
you call the question please."
U~n call of ro11, the motion carried ~ani~usly.
Mayor Saunders: "~. City Attorney, will you phrase this motion for
~. Sche~fley?"
City Attorney Fellows= "The group plans to canvass the bond vote
there too, SO ~ think his motion ~uld be out of order now."
~. Pitts} "We are going to wait until you canvass."
~. Scheifley: "Are there any other facts that we should determine,
in yo~ opinion, ~. Fellows, like the motion we just made ~n getting
more facts and verifying something. Is there anything we should
along the factual basis?"
C~ty Attorney Fellows: "~is is all I know that can be ~one at 'this
t~e."
~. Jurney= "~. Chai~an, I don~t believe that there is a motion .
made on the recanvassing of the votes and I wonder if you want ~ .
make a motion ~d have a vote on that,"
~. Wilson= "I think you ap~inted a Co~ittee for that."
Mayor Saunders= "I d~d ap~int a ~ittee, a C~vassing Boa=d. I
have ap~inted a Board to ~ it ~d I don't think we need a motion,
do we?"
-12- Sp. 12-4-69
city Attorney ~Fellows z "YoU don't need a'motion."
Mayor Saunders: "Any other business to come before this meeting be-
fore it is recessed?"
City Clerk Worthing: "In vieWof the issue at,hand mad not to have
any repercussions at a later date, will you gentlemen kindly determine
what you will accept, once and for all, as to the count of those
signers of identification slips to vote as freeholders. ·Will three
people, two or four be accepted. I wish you would determine that."
Mayor Saunders: "I don't understand your question, Mr. Worthing."
City clerk Worthing= "How many people do you want, rather than one
person to count the freeholders slips as I want that a matter of
record."
Mayor Saunders: "I would say at least three. Is that satisfactory
with everybody,"
Mr. Mark Fleming: '"Mr. Mayor, at the risk of speaking out of turn
and speaking entirely as a freeholder and not as an employee, I was a
little concerned in the reading of the legal requirements for a can-
vass, they· were pretty definite in that a complaint had to be made.
,!~. eve~...,.,sPe,..=if;iPd'l that it..had?!.to, name. a cert,.in..precinct in which the
violation oCCurred, or precincts. Now, in extending that to a general
canvass of. the Bonds..etc , isn!t the Council ,perhaps on a little thin
ice in d°in,g.'.'~omp,~=an~.a~Sing they are not required to do. Isn't 'this
a legal instrument unless it is complained against. That is my only
question,." . ~, ..~ ..... , . ·/ ~ ·
-C, ity rn FellowS:.~ !'I t~ink.that~ ~s..up'to'-the,CanVassing Board.
They can take· any. a~ction, on, their, own that ·they. want. to take."
· . ~,, . ~ ~- ., ~ ~..~ · ~
Mayor SaunderS= "Well, .again we Will leave that ~P' 't6'the'canvaSsing
Board to .~o. what you.. ., wan.t t,.O..;do....' ,...., .... - -...
'This meeting will be recessed un't~' 'after M~nday when "you ''~ have
,gotten back and .can give us~ some/res.,ultS'. and.. then. we will be~ s;~bj.ect
to. call." ~.' .;,.,. ; · ~,:. :.. .. .: .
The meeting recessed at 4:55 P.M.
. . .... ' · -'-, ~i ,'TUESDAY,'.. ' : "' DECF24B~R~' ? 9~,' 1969.' ' '~' " ' "'"" ' ;' -' ·
The December. 4th, 1969,,; special., meeting was reconvened at 9:30 A.M.,
Tuesday, December 9,: 1969'.
The .Pled:ge .of ',~lle.gi~nce tQ the ,Flag of the United States~ of
America was,,g~yen~ . . .. .,, .-- .~ . .;:. , ,/ : -.
Mayor..Saunders=. :'I have a re~ort which was furnished me, as Mayor,
from th.e Committe~";~hat .was sel~.cted to recount ~e .votes', or check
the mach~n.~$~; :.I.t was read at .las~..night?s Co~unci! meeting,, do you
thin~..we should =cad it again this morning? You have a copy. of it
there;'Would you read it pleas.e?"
city cierx xo thin 'read. *'"""
.the 'roi*owing report, addr.esS'ed;t'9; Mayor j. L.
Saunders, dated De~.~'e~ 8th, 1969:
"SubjeCt: Re-count of-votes registered on voting machines
in ~ the ' Gene~,a.1.* ~.ie~ti~n:.'h, el.d.., in oelray. Beach on
December 2, 1969.
Time: ...... i0:'10 A.M. to."10i35 A.M., December'8, 1969.
-13- Sp. 12-4-69
Place: Storage fauility used to house voting machines,
located in the~ northwest'area of the Palm Beach
International Airport.
Persons
Present~ For the City~ Robert Fellows, City Attorney,
Robert Worthing, City Clerk~ and Councilmen
Pitts, Scheifley~ and Wilson. ·
Mr. Horace E. Beasley, Palm Beach County Regis-
trar, and Mr. James Brown, Custodian of Palm
Beach County, were present and were most coope-
rative and helpful.
Mr. James Jurney, who had requested the re-count,
was present. Also in attendance were several
observers and members of the Press.
Procedure: At my request, as Chairman of the Re-count Com-
mittee, Mr. James Brown unlocked each machine,
namely Machine Nos. 141006, 141009, 141010, and
141012, and read the totals · recorded for both
candidates for Mayor; the four candidates for
City Council; the three items in the Bond Elec-
tion~ and the. straw vote on the sa1e of the City
owned 400 foot beach property~
Mr.. Jurney .and all present were given the privi-
lege of verifying the recorded figures, which in
every instance proved to be exactly as recorded
and presented to members of Council by Mr. C. C.
Turner, Clerk of Elections, and by the thirteen
Inspectors who ~gned the report.
Mr. Jurney requested permission to check and
count the identification slips turned in by
voters, and was granted that privilege by the
Re-count Committee.
Mr. Worthing stated that Mr. Jurney might read
and count 'the slips atLany time today at his
convenience, and assured members of the Com-
mittee that wi~ses would be present to
render any necessary assistance, and verify
the count."
Mayor Saunders: "You have heard the report of the Committee. The
City Manager has pointed out that of the objections which were given
to us by Mr Jurney, I think it would be well to record that these
objections have been cleared and made a part of the m~nutes of this
meeting.' The one is that according to the protective'counter number,
one of the machines registered a number ending in 38, and based on
information to the said undersigned, it is impossible for the public
counter to equal the number of votes cast at said election and end in
38. I think the explanation of that was that it ended in 39. Is that
correct?"
City Clerk Worthing~ "That is true, Sir."
Mayor Saunders: "The second objection is that it was the belief of
the candidate that there was an error of at least 200 votes at the
time of s~i~ election when the Election Board had the clerks read the
vote'~ig~:from the macBines and therefore the actual count, in fact
is not a .true count of the election returns. I think now that has
been repudiated and the returns verified."
City Clerk worthing: "Mr. Mayor, if I may suggest, in accordance with
Section 155 of' the C'tty Charter, if it be the pleasure of Council
they having complied ~ith all legal requirements in the canvassing of
the returns, and 'if it be the pleasure of Council to a~cept them at
this time, which is 'i~ perfect order to do and ! would so recommend.'
Mayor Saunders = "The Vice-Mayor has suggested, which I think is good,
that this CoUncil go on record as receiving and accepting this report
from the Re-count Committee. Would someone like to so move."
Mr. YOungblood: "I so move, Mr. Mayor."
.The motion was seconded by Mr. Wilson and carried unanimously.
Mr. Scheifley: "Your Honor, at this point I would like to say that
I think Mr. Wilson should be commended for the objective and efficient
Way in which he cotiducted this canvassing yesterday."
Mayor SaWn/tars.: "I understood that he did a very fine Job and I want
to expre~s'~.l~y thRnks. Also, I think that a word of thanks and praise
an~ co~mend&t~on 'iS due to our City Clerk, Mr. Worthing, for all of
the. strees .and strain that he has had in the last few' days. No one
knows how mU~h a~gravation he has been put to, and extra work and cost
to the City~ I want to express my appreciation for the efficient man-
C~% Cle=k"t~0~'~n~ ~"Fol~OWi~u v0u'r &'~eptanCe Of ghe re~u=ns' I
b~e!iev~ it w.e~ to... co, ns~a~r~eso~ut..~°? No....47-69, Wh.~_ch provides, for
for the, City of Detray. Beagh on.. Dec~ber,,2nd."
'
copy of these m~n. tes.') Se~ Paga;"
City .AttorneY Fellows: ~This. resol~i~, iS dr~ "~.~h the ah~i:'iPa~ion
that.you are looking, fo~.ard ,'to.. the' fact that ~i~s ,~il b~ _" d
as evidence ~ 'the Bond,..~alidat!ng ,S~'!~' and
No. ~-as outlined here, .the complete, qu~s,tion as vot~4 .u~n should be
sub. s~itu~ed for ,the.pro~sa!s as shown ~n ~his r~solution- ...... ...
' . ~e entire ~eg~°h~ ~hat~ ~s,'~oted 'on'as
appeared ,on the, ~.lectlo~, machine itself.,
~ill eppeer--~ill incorporate .the s~es~ion: by .the..Ct~y Attorney."
U~n cell .o~ ~o11,. the motion Ce~ried
Mayor S~ders: ~'~e..iS..~e~. Ot~er' thing 'I" [hink that needs to be
Said '-rs '~he faC~' that we :gbt' "~o :/~'A~v: people ou~' :to '..V~t~ ;::~; ~rom :the
,2t-O
results here of 2516 freeholders voting out of some 4,000 some odd
you can see that we-did a real. fine job. I think that the Chamber of
Comme=ce~giving their backing to it, th~ League of Women Voters, all
of the work that the Fire Department did, they did a herculean task,
e=eryone connected with the thing had a great deal to do' with getting
this thing out. Several weeks ago, I was rather pessimistic about
whether we WOuld get the number out that we needed add we went a way
over. Everybody that had anything to do with it needs to be commend~
ed."
Mr. Wilson: "Mr. Mayor, it deserves comment to state that the high-
est vote recorded was for the fire facilities and equipment issue
and again 'X? think it is a tribute not only to whom you have just
mentioned, but also to the fine. job the Fire Department did in the
very excel!ent letter that they sent out."
City Clerk Worthing~ ',Mr. Mayor, I believe and I regret to say that
the acceptance of Mr. Wilson's report was the only thing acted upon
and I would appreciate it if a motion properly made and seconded,
would be acted u~on concerning acceptance of the Clerk and Inspectors
results of the Election."
Mr. Wilson: "Mr. Mayor, I move that the Election results as reported
by the Clerk of the Election and by the thirteen InSpectors, be
proved as presente~."
The motion was seconded by Mr. Youngblood and carried unanimously.
City Clerk Worthing: "Mr. Mayor, at the spgcial meeting of Deuember
4th, I believe you Gentlemen directed that an official count be made
by three people of the identification slips .providing for freeholders
to vote upon the b6nd issue. That assignment .was carried out with
three individual countings of all green identification slips per-
mitting such voting results of qualified freeholders resulted in
2503 having signed the proper identification and voted in the voting
machines on the Bond Issue. In .addition to those 2503 there were 13
absentee ballots voting on the bond issue, making a total of 2516."
City Manager Gatchel: "We. asked for that special count to be made
and I think .that it would be in order, Mr. Mayor, for the Council to
accept that report."
Mr. Scheifley: "Shouldn't such a motion of acceptance state, that
this is in excess of fifty per cent plus one of the freeholders, just
to make it clear?"
City Attorney Fellows: "We don't know whether it is or not~"
Mr. Scheifley: "I am not referring to th~se ~ ~vO4~ ed on the bond
issue, I am referring to those who voted ~,~ t])e ~ecttoa. D~es more
than fifty per cent plus i of the qualifi~ e~e~ rs not wholly
exempt from taxation, voted in the election."
City Attorney Fellows: "You are faced wi~ a .,question. In other
words, all you are doing is .validatlng re~r~ that aNe given to
~ou based on certain f~gures arrived at .f0,r.'~xffere~ purposes. 'The
only figure that we have are the 4,040 registered Sreeholders. We do
not know ,', .' '.: how many freeholders s. igned the ~reen slips who were not
included in the 4,040. I would advLse that Yo~ a~cept the report that
2516 freeholders voted in the election."
Mr. Pitts: "I make the motion that we accept the ~ity Clerk's figures
of 2516 freeholders Voted in the election."
The motion was seconded by Mr. Wilson and carried, unanimously.
Mr. Scheifley: "Mr. Mayor,l one thing all during this recent election
that puzzled me was that the Council unanimously approved the bond
issue and attended many meetings and I heard everyone that talked
about it, that i heard talk, was in favor of the bond issue, however,
if those that were opposed, I never heard their reasons why. They
were never p~blicly expressed and I still am puzzled, if there was
any organized opposition to this I think that under our free
cratic system it would be enlightening to actually have some of these
people come out and give us their reasons. I have never heard any
publ icly."
Mr. Wilson: "'May I suggest, Mr. Scheifley, that in the case of those
who were exempt from-the previous bond issue, that there might have
been a reaction. In other words, the increase in cost to them would
be not one mill but two, and also on the basis of those who have
property at a very high valuation it could conceivably be cheaper for
those persons to pay a higher water rate than to go through this
route. In the main the route we took was the right route, the best
route and despite the fact that I fall into the latter category, I
am highly in favor of the route that was taken."
Mayor Saunders: "We still want to check with the fiscal agents one
more time to make sure that we are on the right route,. I gave the
assurance to many people in order for this bond issue to pass, that
the consideration would be given t~o the r~.~e certificate for the
water department upon the advis~ of our~al agents, and ! would
like to have it from__~em once more that we are going the right route
wa~ brou~.~.., up' Several times and I said what we want is
because
this
approval of the~'~d IS~ and then we can do the debating afterwards.
I think in all fairness we should examine again the feasibility of the
revenue certifi.cate vs the general revenue bond issue on the water
plant and see what we come up with."
The meeting adjourned at 9:55 A.M.
R. D. ~WORTHING
City Clerk
212-A
RESOLUTION NO. 47-69.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF D~LRAY BEACH PROVIDING FOR THE CERTIFICA-
TION OF THS~RESt~TS OF THE BOND REFERENDUM
HELD IN AND FOR THE CITY OF DELRAY BEACH ON
THE 2nd DAY OF DECEMBER, 1969.
WHEREAS, a bond referendum was held on the 2nd day of December,
~969, pursuant to Ordinance No. 40-69, and
WHEREAS, the duly appointed and acting Clerk and Inspectors of
the election 'have presented to the City ~ouncil the certified
sults of said election, and
WHEREAS, the City Council of the City of Delray Beach has as-
sembled together on this 4th day of December, 1969, for the purpose
of canvassing the election returns, and certifying the results~
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DBLRAY BEACH, ~LORIDA, AS PODLOWS:
SECTION 1. That upon the canvass of' the election returns as
presented to it by the certification of the Clerk and Inspectors
of the election, the City Council finds:..,
(a) That. 1728 ?rDgistered electors, who .are~ owners
of freehold n~t~hO.~ly e~empt~ fromtaxa~ion,.i~vo~ed
as follows 0n. the ~fol~oWih'g ~is~ues~.' ...~. ~'. .... .i'
PROPOSAL. NO. 1 - ~ . PMENT
Shall the City of Delray,Beach,~ in Palm Beach~ County,
F!6rida', issue.$4.4'0 ~,000' prinoipal amount of general
obi'igation bonds 'o~ said City bearing' interest at not
exceeding .the. m~.x~m~m legal rate of .i.nterest at the
time '0~ the S'ale~. of'said ~ond"i 'matu. ring ~n°:t 'later ~ ~
than. %w, nty-fi~e years ~ro~ 'the' ~ate 'of issuance there-
of, payable from ad 'Valorem taxes levied on all taxable
.prop~erty ~%n sa~id City w~thout.-.limit as to~ r.~t9 or .amount
~o~ ~he..pbrposel, b~f finaa~ipg t~e cOSt O'f '.the' 6bns~.uctiOn
. and acquisition of new firehouses in the beach area, and
in the south area of the City, and the acquisition of
fire equipment, including.: an,aerial platform £ire truck
,wit~-: .snorkel and ,two pumper, fire. ~trucks, together with
any other purposes appurtenant or ~ncidental thereto,
as more ,spec,if~cal!y described and.. provided in the_._
Ordinance' of 'the City ¢ou~ci1' of' said 'tity~ ~dopted on the
24th day of .October, 19'697
(b)" '~hat -163'7 registered '~lee.t6'r~;; who are owners
of-. free~o~d not.. Wholly-eNe~pt from., i't.axation, voted
as follows on the f0'll~wi~ 'issues:
PROPOSAL NO'~' 2 - STORN
Shall~ t~e City of belraY. Beach, {n Palm Beach County,
P!ori4a, issue $1,'450,.000 ~rincipal ~ount'of general
Obligations.. bonds of said City '.be&~i~ 'interest at not
.exce,eding! the :maXimum legal rate of interest at the
~time of the sale of ,said ,b(~,~ds~.. maturing not later than
'~went,'Y~fi~e yea=s from the 4ate of issuance:thereOf,
212-B
Page 2. ReSolution No. 47--69.
payable from ad valorem taxes levied on all taxable
property in said~ City-w~thout limit as to rate or a-
'mount for the purpose of~ financing ~the cost of the~
construction and acquisition of a storm draiuage sys-
tem for a~ area of approximately 480 acres in the
~i=y bounded ~enerally by Atlantic Avenue, Southeast
Fifth AVenue, South Tenth Street· and the Seaboa~
Coastline Railroad, together with any other purposes:
appurtenant or incidental thereto, as more specifi-
cally described and provided ~n the ordinance of the
City Council of said City adOpted on the 24th day of
October, 19697
YES 1175
NO 462
(.c} ;..'That .16TM reg~ter~d~ electors, who are owners
of freehold not wholly exempt from taxation, Voted
as follows on the following issues=
PROPOSAL NO. 3 - WATER TREATMENT PLANT
Shall the City of De!ray Beach, in P~lm Beach County,
Florida, issue $2,260,000 principal amount of general
obligation bonds of said City bearing ~nterest at not
exceeding the maximum legal rate .of ·interest at the
ti~e of the sale of said bonds, maturing not later
than twenty~-five years from the date of issuance there-
of, payable from ad valorem taxes levied on all taxable
property in said City without limit as to rate of amount
for the purpose 'of financing the cost of the construc-
tion and acquisit%on of a water filtration and treatment
plant for the City water system, together with any other
purposes appurtenant or incidental 'thereto, as more spe-
cifically described and pro~.ided in the ordinance of the
Ci~ Council of said City adopted on 'the 24th day of
October, 1969~.
YES 1224
NO 447
SECTION 2. .That the City Counc%l of the City of Delray Beach
does hereby ce=tify the tabulations and results of the bond elec-
tion held in and for the City of Delray Beach on the 2nd day. of
December, 1969, as hereinl~efore set forth.
SECTION 3. That this resolution and its contents be spread
upon the minutes of the meeting.
PASSED AND ADOPTED by the City Council of the City of Delray
Beach, Floz. ida 'On this the 9th day of December, 1969.
~/S/ J. L. ~S .aunders
MAYOR
ATTEST:
/S/ R._~D. Worthinq
City Clerk
1:68