Res 26-93 RESOLUTION NO. 26-93
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ORDERING AND PROVIDING FOR A
REFERENDUM ELECTION TO BE HELD ON APRIL 27, 1993,
CONCERNING WHETHER AMENDMENTS SHOULD BE MADE TO THE
DELRAY BEACH DOWNTOWN DEVELOPMENT AUTHORITY ACT
(CHAPTER 71-604, LAWS OF FLORIDA, AS AMENDED).
WHEREAS, Section 5.07 of the Charter of the City of Delray
Beach, Florida, and Section 34.03 of the Code of Ordinances of the
City of Delray Beach, Florida, set forth procedures for the calling of
special elections; and,
WHEREAS, this resolution shall serve as notice of such
special election; and,
WHEREAS, Chapter 91-385, Laws of Florida, as subsequently
amended by Chapter 92-263, Laws of Florida, authorized certain
amendments to be made to the legislation pertaining to the Downtown
Development Authority; and,
WHEREAS, the provisions of Chapter 91-385, Laws of Florida,
as subsequently amended by Chapter 92-263, Laws of Florida, require as
a condition precedent to the effectiveness of the amendments that a
referendum election be held.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That a referendum election is hereby ordered to
be held in the City of Delray Beach, Florida, on April 27, 1993, to
determine whether the amendment to the Delray Beach Downtown
Development Authority Act (Chapter 71-604, Laws of Florida, as
amended) should be adopted as set forth in Chapter 91-385, Laws of
Florida (HB 1553), as amended by Chapter 92-263, Laws of Florida (HB
1631), which are attached hereto and expressly made a part hereof.
Section 2. That the polling location be as 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 place. The polls shall be open on the date of
said referendum election 7:00 a.m. until 7:00 p.m. on the same day.
Only the duly qualified electors within the boundaries of the current
and proposed Delray Beach Downtown Development Authority area will be
permitted to vote in said referendum election.
Section 3. That the City Clerk of the City shall prepare
and give notice of the referendum election above required by causing a
copy of this resolution, with an appropriate caption, to be published
_~.at least twice, once in the fifth week and once in the third week
prior to the date of said referendum election in the Delray Beach
News, the first publication to be not less than thirty (30) days prior
to the date of said referendum election. The City Clerk shall also
cause, pursuant to Section 34.03 of the Code of Ordinances of the City
of Delray Beach, Florida, a notice of the referendum election to be
published in the Delray Beach News, two times, once each week prior to
the week of the special election. The City Clerk shall secure from
the publisher of said newspaper an appropriate affidavit of proof that
said resolution has been duly published as herein set forth, and said
affidavits shall be made a part of the record of the City Commission.
Section 4. That the vote at said referendum election shall
be by use of voting machine, the type which has been used in recent
City elections, and the polling place shall have at least one voting
machine.
Section 5. The question to be submitted to the electors at
said election shall be substantially as follows:
An Amendment to the "Delray Beach Downtown Development
Authority Act" (Chapter 71-604, Laws of Florida, (HB
1250), as amended) which shall expand the area lying
within and under the jurisdiction of the Delray Beach
Downtown Development Authority to include properties
eastward of the Intracoastal Waterway, northward of the
current Downtown Development Authority area to include
those properties lying South of N.E. 4th Street,
southward of the current Downtown Development Authority
area to include those properties lying North of S.E.
3rd Street, bounded generally on the west byN.E. 1st
Avenue; said geographic boundaries being more
particularly described in Chapter 91-385, Laws of
Florida (HB 1553).
SHALL THE ABOVE-DESCRIBED AMENDMENT TO THE "DELRAY
BEACH DOWNTOWN DEVELOPMENT AUTHORITY ACT" BE ADOPTED?
FOR APPROVAL ( )
AGAINST APPROVAL ( )
Section 6. That the returns of the referendum shall be
canvassed and certified in the manner provided by law.
Section 7. That the Supervisor of Elections for Palm Beach
County, Florida, is hereby authorized and requested to make up and
certify a list of names of all qualified electors within the
boundaries of the current and proposed Delray Beach Downtown
Development Authority area. A certified copy of such list shall be
furnished to the Clerk and Inspectors of the election at the polling
place where the votes are to be cast in said election, and a certified
copy of such list shall be filed among the records of this City.
Section 8. That said election shall in all other respects
be held and conducted in the manner provided in and by the laws of the
State of Florida.
Section 9. That this resolution shall take effect in the
manner provided by law.
PASSED AND ADOPTED in regular session on this the 23rd day
of March, 1993.
ATTEST:
City C19%k - -;
- 2 - Res. No. 26-93
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~ Q
SUBJECT: AGENDA ITEM # ~ - MEETING OF MARCH 25, 1993
RESOLUTION NO. 26-95
DATE: March 19, 1993
This is a resolution calling for a Special Election to be held on
April 27, 1993 regarding the expansion of the Downtown Development
Authority Boundaries.
Section 5.07 of the City's Charter requires adoption of a resolution
calling for such election by the City Commission at least thirty (30)
days prior to the special election. Pursuant to F.S. Section 100.011,
the cost of holding this election will be borne by the DDA.
Recommend approval of Resolution No. 26-93.
DOWNTOWN DEVELOPMENT AUTHORITY
City Of Delray Beach, Florida
February 18, 1993
Mr. David Harden
City Manager
City of Delray Beach, FL
100 N.W. 1st Avenue
Delray Beach, FL 33444
Dear Mr. Harden:
Please arrange for the City Council to pass a resolution to declare a special
election to vote on the expansion of the Downtown Development Authority. Also,
any additional steps should be undertaken.
The election is to be held on Tuesday, April 27, 1993 and the resolution must be
passed a minimum of 30 days prior to the election. This election was authorized
by HB 1553 and as amended by HB 1631 of the Florida Legislature.
Charles Hill, who is acting on behalf of the DDA as election coordinator, has had
a preliminary meeting and discussions with Alison Harty, City Clerk, concerning
this election. It would also be appreciated if you would alert the City Attorney
that Mr. Hill may be calling him for guidance.
Very truly yours, -.
Michael M. Listick,
Chairman
MML:kr
207 East Atlantic Avenue, Delray Beach, Florida 33444 ° 407-276-8640
[lTV I]F DELI:II:IV BEA[H
March 12, 1993
Michael M. Listick, Chairman
Downtown Development Authority
207 East Atlantic Avenue
Delray Beach, FL 33444
Re: DDA Special Election
Dear Mr. Listick:
Thank you for your letter advising of the Downtown Development
Authority's plans to hold a special election on April 27, 1993,
regarding expansion of the DDA boundaries. House Bill 1553, as
subsequently amended by House Bill 1631 effective April 1, 1992,
requires the City to call the election on behalf of the DDA. The
City, therefore, must advertise the special election according to
the City's Charter and ordinances and Florida Statutes Section
100.342 governing special elections.
Section 5.07 of the City's Charter requires adoption of a resolution
calling for such election by the City Commission at least thirty (30)
days prior to the special election. Section 34.03 of the Code of
Ordinances requires the issuance of a proclamation giving notice of
the election and sets forth advertising requirements. Both the
resolution and proclamation are scheduled for action by the City
Commission at the March 23, 1993, regular meeting.
Pursuant to F.S. Section 100.011, the cost of holding this election
will be borne by the DDA. The City Clerk will provide you with a list
of estimated expenses. I understand Mr. Charles Hill has been in
contact with the Clerk's office and is working with them to coordinate
the election.
Please let me know if I can be of any further assistance.
Sincerely,
David T. Harden
City Manager
DTH/amh
cc: Charles Hill
Alison Harty