Res 09-04RESOLUTION NO. 9-04
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DRI.RAY BEACH, FLORIDA, WITH RESPECT TO
THE RESULTS OF THE BOND REFERENDUM OF THE
QUALIFIED F,I,ECTORS OF THE CITY HELD 1N THE
CITY OF DELRAY BEACH, FLORIDA, ON JANUARY 20,
2004, ON THE QUESTION OF WHETHER THE CITY
SHOULD ISSUE GENERAL OBLIGATION BONDS FOR
THE PURPOSE OF FINANCING (1) LAND ACQUISITION,
CONSTRUCTION AND EQUIPPING OF UP TO THREE
NEW NEIGHBOR-HOOD PARKS, A SOCCER COMPLEX,
AND IMPROVEMENTS TO CERTAIN EXISTING PARKS
IN THE PRINCIPAL AMOUNT NOT EXCEEDING
$9,000,000, (2) LAND ACQUISITION, CONSTRUCTION
AND EQUIPPING OF A NEW RECREATION CENTER IN
THE CITY'S WESTERN AREA, AND THE IMPROVEMENT
AND EQUIPPING OF CERTAIN EXISTING
RECREATIONAL CENTERS IN THE PRINCIPAL AMOUNT
NOT EXCEEDING $7,000,000, (3) THE EXPANSION OF
OLD SCHOOL SQUARE BY ACQUIRING LAND AND
CONSTRUCTING A PARKING GARAGE TO FREE UP
LAND FOR A DOWNTOWN PARK IN THE PRINCIPAL
AMOUNT NOT EXCEEDING $7,000,000, AND (4) THE
COST OF FURNISHINGS AND FIXTURES FOR THE NEW
LIBRARY IN THE PRINCIPAL AMOUNT NOT
EXCEEDING $1,000,000; CANVASSING THE RETURNS OF
SAID REFERENDUM AND DECLARING AND
CERTIFYING THE RESULTS THEREOF; PROVIDING AN
EFFECTIVE DATE.
WHE1LEAS, the City Commission of the City of Delmy Beach, Florida, (the
"Commission"), by Resolution No. 72-03, duly adopted on October 21, 2003 (the "Resolution"),
did propose the issuance of general obligation bonds of the City of Delray Beach, Florida, (the
"City") in the aggregate principal mount not exceeding $24,000,000 (the "Bonds"), and pursuant to
such Resolution, the Commission ordered a Bond Referendum (the "Referendum"), to be held on
January 20, 2004, for the purpose of placing before the qualified electors of the City for their
approval or disapproval the question of whether the City should issue the Bonds to finance the
following projects, which Bonds, with respect to each of the projects, may be issued in an amount
not exceeding the aggregate principal amount hereinafter set forth following that project: New
Neighborhood Parks, Soccer Complex and Existing Parks Improvement Projects----S9,000,000;
Recreation Centers Projects---S7,000,000; Old School Square Improvement Projects---S7,000,000;
New Library Furnishings and Fixtures Project---S1,000,000, as such projects (collectively the
"PROJECTS") are more fully described and defined in the Resolution, such Bonds bearing interest
at the rate or rates not exceeding the maximum rate permitted by law, said Resolution having further
provided and directed that notice of said Referendum is given by publication in accordance with
state law, City Charter and City ordinance; and
WHElq-E~S, due and regmlur notice of said Referendum has been published in the Boca
Raton News, Delray Beach Edition, and E1 Latino Semanal Inc. newspaper of general circulation
within the City and said publications having been made in English and in Spanish respectively, each
once in the fifth week prior to the week in which the Referendum was held, at least 30 days prior to
January 20, 2004 and in the third week and seven days prior to the date the Referendum was held, to
wit: January 20, 2004; and
WHEREAS, the Supervisor of Elections of Palm Beach County has provided the
Commission with the results of the Referendum for the purpose of canvassing the returns and
declaring and certifying the results thereofi and
WHEREAS, said Referendum has been duly and properly held in accordance with law and
that a copy of the certificate certifying the results of the Referendum to the Florida Department of
State (in substantially the form attached hereto as Exhibit "A"), has been delivered to this
Commission for the purpose of declaring and certifying the results thereof; and
WHEREAS, the official returns of said Referendum delivered to this Commission by the
Supervisor of Elections reflect that the total numbers of votes cast in the Referendum by the
qualified electors residing in the City approve the issuance of Bonds for the New Neighborhood
Parks, Soccer Complex and Existing Parks Improvement Projects in the aggregate principal amount
not exceeding $9,000,000; approve the issuance of Bonds for Recreation Center Projects in the
aggregate principal amount not exceeding $7,000,000; approve the issuance of Bonds for Old
School Square Improvement Projects in the aggregate principal amount of $7,000,000; and approve
the issuance of Bonds for new Library Furnishings and Fixtures Project in the aggregate principal
amount not exceeding $1,000,000.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DFJ.RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Commission at this meeting duly held, having received the results from
the Supervisor of Elections, hereby canvasses the returns of said Referendum and determines, finds,
declares and certifies the results thereof with respect to the Projects as follows:
2 RES. NO. 9-04
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?
(a) The total number of votes cast in such Referendum by
said qualified electors residing in the City that voted "For Bonds" for the New
Neighborhood Parks, Soccer Complex and Existing Parks Improvement Projects
was 2312.
(b) The total number of votes cast in such Referendum by
said qualified electors residing in the City that voted "Against Bonds" for the
New Neighborhood Parks, Soccer Complex and Existing Parks Improvement
Projects was 1,274.
(c) A majority of the votes cast in such Referendum by such
qualified electors in the City approve of the issuance of the Bonds submitted at
such Referendum for the New Neighborhood Parks, Soccer Complex and
Existing Parks Improvement Projects.
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 beating interest at not exceeding the
legal rate, maturing not later than 20 yea. rs from the date of issuance, payable
from the City's ad valorem taxes.>
(a) The total number of votes cast in such Referendum by
said qualified electors residing in the City that voted "For Bonds" for the
Recreation Centers Projects was 2.184.
3 RES. NO. 9-04
(b) The total number of votes cast in such Referendum by
said qualified electors residing in the City that voted "Against Bonds" for the
Recreation Center Projects was 1.403.
(c) A majority of the votes cast in such Referendum by such
qualified electors in the Cxty approve of the issuance of the Bonds submitted at
such Referendum for the Recreation Centers Projects.
QUESTION 3
OI.l~ 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 inddental thereto,
not exceeding $7,000,000, beating interest at not exceeding the legal rate,
maturing not later than 20 years from the date of issuance, payable from the
City's ad valorem taxes?
(a) The total number of votes cast in such Referendum by
said qualified electors residing in the City that voted "For Bonds" for the Old
School Square Improvements Projects was 2,437.
(b) The total number of votes cast in such Referendum by
said qualified electors reF~ding in the City that voted "Against Bonds" for the Old
School Square Improvements Projects was 1,172.
(c) A majority of the votes cast in such Referendum by such
qualified electors in the C. ity approve of the issuance of the Bonds submitted at
such Referendum for the Old School Square Improvements Projects.
4 RES. NO. 9-04
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 rote,
maturing not later than 20 years from the date of issuance, payable from the
City's ad valorem taxes?
(a) The total number of votes cast in such Referendum by
said qualified electors residing in the City that voted "For Bonds" for the New
Library Furnishings and Fixtures Project was 2,602.
(b) The total number of votes cast in such Referendum by
said qualified electors residing in the City that voted "Against Bonds" for the
New Library Furnishings and Fixtures Project was 1,019.
(c) A majority of the votes cast in such Referendum by such
qualified electors in the City al>prove of the issuance of the Bonds submitted at
such Referendum for the New Library Furnishings and Fixtures Project.
Section 2. That said Referendum was in all respects conducted in accordance
with law, and that all steps in connection with and preceding such Referendum have been
duly, regnl~rly, lawfully taken and that the statutes and constitution of the State of
Florida, the City Charter and City ordinances have been duly complied with in
accordance with alt their provisions.
Section 3. That a tree and correct copy of the certified results shall be filed
by the Commission with the Florida Department of State in substantially the form
attained hereto as Exhibit "A" (the "Certificate") and that the Commission shall secure
an affidavit of publication from the publishers of the Boca Raton News, Delray Beach
Edition, and E1 Latmo Semanal Inc. attesting to the publications of the notice of the
Referendum (the "^ffidavie').
Section 4. That said returns shall be entered and recorded in the minutes of
the Commission; and this Resolution, the Affidavit and Certificate shall be recorded in
the minutes of the Commission.
Section 5. All resolutions or parts thereof in conflict or inconsistent herewith
are hereby repealed insofar as any conflict or any inconsistencies exists.
5 RES. NO. 9-04
Section 6.
adoption.
That this Resolution shall take effect immediately upon its
PASSED AND ADOPTED in special session on thi~ 22~ day of Janua~y, 2004.
City Clerk
CIT~ OF DELRAOEACH,
R
FLORIDA
6 RES. NO. 9-04
EXHIBIT "A"
CERTIFICATE OF CITY CANVASSING BOARD
CITY OF DELRAY BEACH, FLORIDA
BOND REFERENDUM
JANUARY 20, 2004
STAT£ OF FLORIDA
PALM BEACH COUNTY
Pursuant to the requirements of Section 100.351 of the Florida Statutes, we, the
undersigned, Jon Levinson, Vice Mayor of the City of Delray Beach, Pat Archer, City
Commissioner, Alberta McCarthy, City Commissioner, do hereby certify that on the 22~ day of
January, A.D., 2004, we canvassed the votes as shown by the records on file in the Office of the
Supervisor of Elections. WE do hereby certify from said retrains as follows:
That for the City of Delray Beach, Florida, Bond Referendum, the whole number of votes
cast was 3,670 votes of which number the City electors voted in the following manner in connection
with the general obligation bonds for each of the Projects listed below.
NEW NEIGHBORHOOD PARICq, SOCCER COMPLEX AND
EXISTING PARKS IMPROVEMENT PROJECTS
"For Approval" received
"Against Approval" received
2.312 Votes
1,274 Votes
RECRR&TION CENTERS PROJECTS
"For Approval" received
"Against Approval" received
2,11~4 Votes
1.403 Votes
OLD SCHOOL SQUARE IMPROVEMENT PROJECTS
"For Approval" received 2.437 Votes
"Against Approval" received 1.172 Votes
NEW LIBRARY FURNISHINGS AND FIXTURES PROJECT
"For Approval" received ~ Votes
"Against Approval" received 1,019 Votes
Wimess ottr hands and seal this the 22~a day of~
Iw11-==---004 20:41 SUPER~IISOR OF ELECTIOIIS 561 656 620? P.02
o
]HI]--:.:-:004 28: 41
Election Oay
04086
Election Day
04080
~lec~on Day
SUPERUISOR OF ELECTIOHS
cf'fl' OF DELRAY BEACH
SPECIAL MUNICIPAL ELECTION
01/20,"2004
60E 121 f 9.97% 62 52
121 19.97% 62 52
1.131 196 17_33% 130
16 3.92% 8 7
2~ ~.~% 1~
412 ~ ~1,~ ~
~ 11.65% ~9
~0 1~2 18.31% 110 37
1,6~ f2~ 7.~ 77
561 656 6287 P.O3
STATE OF FLORIDA
COUNTY OF PALM BEACH
I, THERESA LePORE, SUPERVISOR
OF ELECTIONS, HEREBY CERTIFY
THAT THIS IS A TRUE AND CORRECT
COPY OF THE RECORDS ON FILE IN
THIS OFFICE.
WITNESS MY HAND AND SEAL, THIS
22° DAY OF JANUARY~ 20 04_.
THERESA LePORE
SUPERVISOR OF ELECTIONS
PALM BEACH COUNTY, FLORIDA
· ]'Al 1-22-2004 20: 41
0714~
~e¢~On Day
Jar~ua~ 22. 2004 2:56 PM
SUPERm,IISOP. OF ELECTIOHS
$ tatmmee,~ of
Palm ~each County
CI~ OF DELRAY B~CH
$PEC~L MUNICIPAL ELECTION
01~
1,427
33
85
0
f,39~
93
93
180
180
t82
192
7
6.30% 63 30
10,04% 99 79
10.04% 99 7g
66 9.15% 35 29
STATE OF FLORIDA
COUNTY OF PALM BEACH
I, THERESA LePORE, SUPERVISOR
OF ELECTIONS, HEREBY CERTIFY
THAT THIS IS A TRUE AND CORRECT
COPY OF THE RECORDS ON FILE IN
THIS OFFICE.
WITNESS MY HAND AND SEAL, THIS
22~° DAY OF JANUARY, 20 04.
THERESA LePORE
SUPERVISOR OF ELECTIONS
PALM BEACH COUNTY*, ,FLORIDA
HI [-==-=004 = -
SUPER~ ~ I SOR OF ELECT IONS
CIT~ O~ D~R~Y
$P~¢~. ~JNI¢;P~L ELeCT:ON
07176 479 13 2_71%
E;ection Day 13 2.71%
07178 32 0 0.00%
561 656 628?
STATE OF FLORIDA
COUNTY OF PALM BEACH
I, THERESA LePORE, SUPERVISOR
OF ELECTIONS, HEREBY CERTIFY
THAT THIS IS A TRUE AND CORRECT
COPY OF THE RECORDS ON FILE IN
THIS OFFICE.
WITNESS MY HAND AND SEAL, THIS
22"= DAY OF JANUARY, 20 04..
THERESA LePORE
SUPERVISOR OF ELECTIONS
PALM BEACH COUNTY', FLORIDA
SUPER~ISOR OF ELECTIOHS
Palm geach County
CITY OF DEL,RAY BEACH
SPECIAL MUNICIPAL ELECTION
Registered
f.807
379 20.97% 295 78
9f2 119 13.05% 79 40
119 13.05% 79 40
637 17a 27.32% t10 59
174 27 3~% 110 59
0 0 0,00% 0 0
0 0.00% 0 0
STATE OF FLORIDA
COUNTY OF PALM BEACH
I, THERESA LePORE, SUPERVISOR
OF ELECTIONS, HEREBY CERTIFY
THAT THIS IS A TRUE AND CORRECT
COPY OF THE RECORDS ON FILE IN
THIS OFFICE,
WITNESS MY HAND AND SEAL, THIS
22"~ DAY OF JANUARY, 20 04.
BY:
THERESA LePORE
SUPERVI.. SOR.OF ELECTIONS
PA.L.M'BEACH'COUNTY, FLORIDA
'%811-22-2084 20;42 561 656 6287 P.87
SUPERUISOR OF ELECTIOItS
CITY OF DELRAY ~EACH
SPECIAL MUNIClP~d. ELECTION
93
~8.?.
6.30% 58 3fi
6.30% 58 35
56 9.15% 33 32
~ 10,53% 2 2
STATE OF FLORIDA
COUNTY OF PALM BEACH
I, THERESA LePORE, SUPERVISOR
OF ELECTIONS, HEREBY CERTIFY
THAT THIS IS A TRUE AND CORRECT
COPY OF THE RECORDS ON FILE IN
THIS OFFICE.
WITNESS MY HAND AND SEALi THIS
22"" DAY OF JANUARY, 20 04.
BY:
THERESA LePORE
SUPE _R. VISOR'OF. ELECTIONS
PALM -~EACH'cOUNTY,, FLORIDA
Pnge 2 o~ ~
HlI-;=-=004 20:43
SLIPERI~ISOR OF ELECTIOIIS
CITY OF DELRAY 8EACH
SPECIAL MUNICIPAL ELECTION
561 656 6287 P.[38
STATE OF FLORIDA
COUNTY OF PALM BEACH
I, THERESA LePORE, SUPERVISOR
OF ELECTIONS, HEREBY CERTIFY
THAT THIS IS A TRUE AND CORRECT
COPY OF THE RECORDS ON FILE IN
THIS OFFICE.
WITNESS MY HAND AND SEAL, THIS
22"~ DAY OF JANUARY, 20 04.
THERESA LePORE
SUPERVISOR OF ELECTIONS
PALM BEACH COUNTY, FLORIDA
· JRt 1-22-2004 20: 43
04016
Election Day
0~018
04O~0
Elecdo~ Oey
O4052
04054
Election Day
O4056
E~ecbon Day
04058
Eleclicn Day
04059
Elec~on Day
04O60
Election Day
04062
040~4
04066
Election Day
O4068
ElectJo~ Day
04070
O4076
Election Day
O408O
SUPERUISOR OF ELECTIOIIS
CITY OF DELRAY 8EACH
SPECIAL MUNICIPAL ELECTRON
561 GS6 6-m87 P.09
Turnout percent I 2
379 ~0.97% 311 63
379 20.97% 311 63
912 119 '13.05% 88 30
STATE OF FLO~DA
COUNTY OF PALM BEACH
I, THERESA LePORE, SUPERVISOR
OF ELECTIONS, HEREBY CERTIFY
THAT THIS IS A TRUE AND CORRECT
COPY OF THE RECORDS ON FILE IN
THIS OFFICE,
WITNESS MY HAND AND SEAL, THIS
22"0 DAY OF JANUARY. 20 04.
THERESA LePORE
SUPERVISOR_ OF 'EIZECTIONS
PALM B_.~.~H COUN-~. ~.~-ORIDA
561 656 6287 P.18
QUESTION
04082
Erection Day
E~eclio~ Oay
~lecfion Day
SUPER~ISOR OF ELECTIOIIS
5talement of vo~e
Registered
1.259
721
93
93
~80
182
6,30~ 66 26
6.30% 66 26
10,04% 100 72
10,0a% 108 72
1,4.4~% 10¢~ 66
14,46% 109 ~
f,JZ7
33
1,227
38
0
681
~,396
7
Sa
STATE OF FLORIDA
COUNTY OF PALM BEACH
I, THERESA LePORE, SUPERVISOR
OF ELECTIONS, HEREBY CERTIFY
THAT THIS IS A TRUE AND CORRECT
COPY OF THE RECORDS ON FILE IN
THIS OFFICE.
WITNESS MY HAND AND SEAL, THIS
22"0 DAY OF ,~IANUARY, 20 04.
THERESA LePORE
SUPERVI~QIR OF ELECTIONS
PALM ~=ACH COUNTY, FLORIDA
IHII-::-:OOq 20:43 561 656 628'7' P.11
SUPER~[SOR OF ELECT~OHS
Crl'Y Of OELRAY BEACH
SPECIAL MUNICIPAL ELECTION
13 2.71% 8 5
32 0 0,0~',~ o o
STATE OF FLORIDA
COUNTY OF PALM BEACH
I, THERESA LePORE, SUPERVISOR
OF ELECTIONS, HEREBY CERTIFY
THAT THIS IS A TRUE AND CORRECT
COPY OF THE RECORDS ON FILE IN
THIS OFFICE.
WITNESS MY HAND AND SEAL, THIS
22aD DAY OF JANUARY, 20 04.
THERESA LePORE
SUPERVISOR OF ELECTIONS
PALM BF..ACH COUNTY, FLORIDA
· Z~H-22-DOO4 20:44 56i 656 6287 P.12
0~067
Registered
1.807
SUPERLqSOR OF ELECTIOftS
Palm Beach County
CII~ OF DELRA¥ BE,~CH
SPECIAL MUNICIPAL ELECTiON
01/202004
STATE OF FLORIDA
COUNTY OF PALM BEACH
I, THERESA LePORE, SUPERVISOR
OF ELECTIONS, HEREBY CERTIFY
THAT THIS IS A TRUE AND CORRECT
COPY OF THE RECORDS ON FILE IN
THIS OFFICE.
WITNESS MY HAND AND SEAL, THIS
22"~ DAY OF JANUARY~ 20 04,.
THERESA Le
SUPERVI$OI~ E)~F. ELECTIONS
PALM BEACH COUNTY, FLORIDA
· Il:il 1-22-2004 20:44 561 656 6=~87 P. 13
040,82
O~OIM
SUPERUISOR OF ELECTIOHS
Palm Beacr, County
cITY OF DELRAY 8EACH
SPECIAL MUNICIPAL ELECTION
0
93
93
180
162
7
6.30% 63 30
STATE OF FLORIDA
COUNTY OF PALM BEACH
I, THERESA LePORE, SUPERVISOR
OF ELECTIONS, HEREBY CERTIFY
'THAT THIS IS A TRUE AND CORRECT
COPY OF THE RECORDS ON FILE IN
THIS OFFICE,
WITNESS MY HAND AND SEAL, THIS
22"° DAY OF ~IANUARY, 20 04.
THERESA LePORE
SUPERVISOROF ELECTIONS
PALM· BEACH COUNTY, FLORIDA
· 3'Al 1-22-200,4 2~: 4~
SUPER~ISOR OF ELECTIONS
CITY OF DELRAY rt~.ACH
SP~:CIAL MUNICIPAL ELECTION
561 656 628? P. 14
STATE OF FLORIDA
COUNT'Y OF PALM BEACH
I, THERESA LePORE, SUPERVISOR
OF ELECTIONS, HEREBY CERTIFY
THAT THIS IS A TRUE AND CORRECT
COPY OF THE RECORDS ON FILE IN
THIS OFFICE.
WITNESS MY HAND AND SEAL, THIS
22a° DAY OF JANUARY, 20 04.
THERESA LePORE
SUPERVISOR OF ELECTIONS
PALM BEACH COUNTY, FLORIDA
Janua~ 22. 2004. 2;56 PM
TOTAL P. 14
BocaRatonNews
More Boca Every DayTM
Published Dally
Monday through Sunday
Boca Raton. Palm Beach County, Flodda
Delray Beach, Palm Beach County, Florida
STATE OF FLORIDA
COUNTY OF PALM BEACH
Before the undersigned authority personally
appeared Tlna I~lentop, Accounting Supervisor of
the Boca Rotan News, daily newspaper publbhed in
Palm Beach County. Flodda; that the attached
copy of advertisement was published in said
newspaper In the i~ues of:
Affiant further/says that 1he Boca Raton News is a
newspaper published in Boca Raton, in Said Palm
Beach County, Florida, Monday through Sur~ay,
and has been entered as second class matter at
the post office in Boca Raton. Palm Beach County,
Florida for a period of one year next preceding the
first publication of the attached copy of advertise-
ment; and affiant further says that he has neither
paid nor promised any pemon, firm or corporation
any discount, rebate, commission or refund for the
purpose at securing this advertisement for publica-
1o end ~u~scril:~l t~e me
(Seal, Notary Publld~SCafe of Florida at large)
RECEIVED
JAN l 5
CITY CLERK
19 al 25: de Diciembre
CIUDAD DE DELRAY BEACH
AVISODEEI ECTIONES ESPECIALES
PROCLAMACION '
POR CUANTO, de acuerdo a la Carta y al C6dig0 de
Ordenanzas de la Ciuda.d de De, ray Beach, Florida, la
Ciudad, ha, por'resoluci6n autorizado unas Elecciones
para un Referendum de Bonos que se Ilevara acabo el
mattes 20 de Enero, 2004.
~ POR CUANTO,. elpro, posito de convocar a unas Elec-
clones para un Rei~erendum de Bonos.es el determi-
nar si la Ciudad de Dell'ay Beach deberla emitir Bonos
de Qbligacibn General en un re,onto total que no exce-
da $9,000,000 par..a Parques en Nuevos Vecindarios,
un Complejo de F~tbol, el Proyecto de Mejoras a los
Parques EXistentes, y no sobrepasando ,$7,000,000
para le Proyecto de Centros de Recreacion y no so-
,,b. repasando $7,000.,,000 para mejoras del Proyecto
Old School Square' ¥ no sobrepasando $1,000,000
para Mueble~ e Instalaciones fijas en el Proyecto de la
Nueva Biblioteca y para financiar el total o porciones
del costo de dichos, proyecto~ incldyendo t.odos los
costos aplicables as~ como el costo de emision de los
Bonos.
AHORA, POR LO TANTO, YO, JEFF PERLMAN, Alcalde
de la Ciudad de Delray Beach, Florida, en represer~ta~
cJbn de la ComisJ6n de la Ciudad, pot la presente
invoco una Elecciones Especiales qUe se Ilevaran a cabo
el mattes 20 de Ener°. 2004 'entre las horas de 7:00
a.m. y 7:00 p.m., en todos los precintos y co eg os
elector~les en'la Ciudad'de Delr~y designados por el
Supervisor de Elecciones del Condado Palm Beach.
TODOS LOS VOTANTES CALIFICADOS enema Ciudad
de Delray Beach, Florida, estan calificados para votar
en dichas elecciones.
Advertise: el Latino Semanal
December 19, 2003
'January 2; 2004
Affidavit
Wednesday, January 14, 2004
We, The Latino Semanal Inc. are a newspaper of general circulation in Delmy Beach.
Pursuant to Florida Statue 166.041 we are authorized to publish legal advertising in the
State of Florida.
We hereby declare that the City Of Delray Beach published legal ads in our edition #
1153 published December 19, 2003.
Our Fed~rr~ ID Number is 59-234-1954. Thank you.
Josr]R. ~'z~Presidefit
E1 Earl ~ SemXanal, Inc.
Notary Seal
2 al 16 de Enero
Affidavit
Wednesday, January 14, 2004
We, The Latino Semanal Inc. are a newspaper of general circulation in Delray Beach.
Pursuant to Florida Statue 166.041 we are authorized to publish legal advertising in the
State of Florida.
We hereby declare that the City Of Delmy Beach published legal ads in our edition #
1155 publishedf.~anuary 2, 2004.
Our Fed, ~, ~umber is 59-234-,954. Than you.
Jos~ ~. [zlall~?~ident
El IAfil Semana~Inc.
Notary Seal
.I
BocaRatonNews
More Boca Every DayTM
Mor~ay through S~'lday
Boca Rafon, Polm Beach County. Roddo
Delroy Beoch, P~lm Be(~h County, Rodda
STATE OF FLORIDA
COUNTY OF PALM BEACH
Before the undem~ned authority pec~nally
appeared ~ Klientop, Accounting ~ of
the Boca Re,on News. da~ nev~paper publL~G~:l
Palm Be~ch County, Flodda; that the ~toched
copy of adverfi,~Gment wo~ pubflshed In said
new~per In the ~e~ of:
Affiant furthef/sa,/s that The Boca Raton News is a
newspaper publLshed in Boca Raton, In 'said Palm
Beach County, Fkxidc~ Monday through Sunday,
and has been entered as second class matter at
the post officein Boca Rator~ Palm Beach County,
Florida for a period of one year next preceding the
merit; and affiant further says that he has neither
paid nor promised my persor~ firm o~ corporation
any discount, rebate, commission or refund fo~ the
~'pose of securing this advertisement fo~ pub~ica-
Sworn to and subscribed befo~ me this
CITY DELRAY BEACH
NOTICE SPECIAL ELECTION
SAMPLE BALLOT
md Cuhmd Faa~ lhere~, lb May~ has mhd ~ a ~ Ihcfm to h hdd,,. Tu~f, Jam~
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AMERICA LATINA
16 al 22 de Enero
:Ondoleezza Rice como "una verdadera analfabeta'' Ch:ivez
LAccidentado?
ousted arrestado?
amente al Abogado RONALD CHAPMAN,
ezari a trabajar para usted boy mismo
La Primera cita es GRATISy sin ninguna
OBLIGACION. REDUCIR~: MIS
HONORARIOS UN 10% Si trae este
anuncio dentro de los 10 prOximos d{as.
Tenemos a su disposici6n PA(iOS EN
CUOTA$ y se aceptan tarjetas de cr~dito.
dinero
CIUDAD DE DELRAY
AVISO DE ELECCIONES
'ESPECIALES
BALOTA DE MUESTRA
La Comisi6n de la Ciudad de D¢lray Beach, Florida ha de;erminado que ~ el mcjor
inter6s de la Ciudad de Delray Beach el emitir Bonos de Obligaci6n General para
Centros Recreativos, Parques e Instalaciones Culturalos. Pot 1o tanto el Alcalde ha
convocado a Elecciones Especiales qu¢ se Ilevaran a calx) el manes 20 de encm
2004, entre ta horas de 7:00 a.m. y 7:00 p.m. en todos los precintos y colcgios
electomles en la Ciudad de Delmy scgfin designados pot el Supervisor de Elecciones
del Condado Palm Beach. Dicho Refer6ndum de Bonos sc~ dcterminado pot los
votantes inscritos, si se debcn emifir dichos Bonos de Obligaci6n General para dichos
proyectos.
CENTROS DE ILECP~EACION. PARQUE8 E INSTALACIONES CULTURALES,
BONOS DE OBLIGACION GERAL.
Publish el Latino Semanal, Friday Janual y 16, 2004
Donde usted negocia con un amigo.., en casa.
RECEIVED
JAN 2 2 200~
CITY CLERK
Affidavit
Tuesday, January 20, 2004
We, The Latino Semanal Inc. are a newspaper of general circulation in Delmy Beach;
Pursuant to Florida Statue 166.041 we are authorized to publish legal advertising in the
State of Florida.
We hereby declare that the City Of Delray Beach published 2 (two) legal ads in our
edition # 1157 published January 16, 2004
Our Fed~ ~lmber is 59-234-1954. Thank you.
! ,,2
Jos6 P~. U )resident
E1 Laiinc anal, Inc.
/
Notary Seal
F.
CITY DF DELRri¥
CiTY ATTORNEY'S OFFICE
DELR~.y BEACH
TO:
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 - FACSIMILE 561/278-4755
Writer's Direct Une: 561/243-7091
MEMORANDUM
· January 12, 2004
David T. Harden, City Manager
FROM: Susan A. Ruby, City Attorney
SUBJECT: Resolut on Certifying the Results of the January 20, 2004 GO Bond
Referendum
I have prepared a resolution to be used after the vote on the bond issue which
certifies and declares the results of the election to be held on January 20, 2004.
Exhibit A to the resolution is a certification provided pursuant to Fla. Stat.
S 100.351, which requires that the "election officials" of the City certify the results to
the Department of State, which shall enter the results in the official records to be
held on file in the Office of the Department of State.
In addition, Exhibit A should also include the voting information obtained by the
City from the Supervisor of Elections and the affidavit and advertisements as to
t~e_p~_ub~lica_t!~_n~ r~eq~ui_~'~ by_!a_~.~ .
Please call if you have any questions.
Attachment
RESOLUTION NO. 9-04
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, WITH RESPECT TO
THE RESULTS OF THE BOND REFERENDUM OF THE
QUALIFIED ELECTORS OF THE CITY HELD IN THE
CITY OF DELRAY BEACH, FLORIDA, ON JANUARY 20,
2004, ON THE QUESTION OF WHETHER THE CITY
SHOULD ISSUE GENERAL OBLIGATION BONDS FOR
THE PURPOSE OF FINANCING (1) LAND ACQUISITION,
CONSTRUCTION AND EQUIPPING OF UP TO THREE
NEW NEIGHBORHOOD PARKS, A SOCCER COMPLEX,
AND IMPROVEMENTS TO CERTAIN EXISTING PARKS
IN THE PRINCIPAL AMOUNT NOT EXCEEDING
$9,000,000, (2) LAND ACQUISITION, CONSTRUCTION
AND EQUIPPING OF A NEW RECREATION CENTER IN
THE CITY'S WESTERN AREA, AND THE IMPROVEMENT
AND EQUIPPING OF CERTAIN EXISTING
RECREATIONAL CENTERS IN THE PRINCIPAL AMOUNT
NOT EXCEEDING $7,000,000, (3) THE EXPANSION OF
OLD SCHOOL SQUARE BY ACQUIRING LAND AND
CONSTRUCTING A PARKING GARAGE TO FREE UP
LAND FOR A DOWNTOWN PARK IN THE PRINCIPAL
AMOUNT NOT EXCEEDING $3,000,000, AND (4) THE
COST OF FURNISHINGS AND FIXTURES FOR THE NEW
LIBRARY IN THE PRINCIPAL AMOUNT NOT
EXCEEDING $1,000,000; CANVASSING THE RETURNS OF
SAID REFERENDUM AND DECLARING AND
CERTIFYING THE RESULTS THEREOF; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida, (the
"Commission"), by Resolution No. 72-03, duly adopted on October 21, 2003 (the "Resolution'T,
did propose the issuance of general obligation bonds of the City of Delray Beach, Florida, (the
"City'~ in the aggregate principal amount not exceeding $24,000,000 (the "Bonds"), and pursuant to
such Resolution, the Commission ordered a Bond Referendum (the "Referendum"), to be held on
January 20, 2004, for the purpose of placing before the qualified electors of the City for their
approval or disapproval the question of whether the City should issue the Bonds to finance the
following projects, which Bonds, with respect to each of the projects, may be issued in an amount
not exceeding the aggregate principal amount hereinafter set forth following that project: New
Neighborhood Parks, Soccer Complex and Existing Parks Improvement Projects----S9,000,000;
Recreation Centers Projects---S7,000,000; Old School Square Improvement Projects---S7,000,000;
New Library Furnishings and Fixtures Project---S1,000,000, as such projects (collectively the
"PROJECTS") are more fully described and defined in the Resolution, such Bonds bearing interest
at the rate or rates not exceeding the maximum rate permitted by law, said Resolution having further
provided and directed that notice of said Referendum is given by pubhcation in accordance with
state law, City Charter and City ordinance; and
WHEREAS, due and regular notice of said Referendum has been published in the Boca
Raton News, Delray Beach Edition, and E1 Latino newspapers of general circulation within the City
and said publications having been made in English and in Spanish respectively, each once in the fifth
week prior to the week in which the Referendum was held, at least 30 days prior to January 20, 2004
and in the third week and seven days prior to the date the Referendum was held, to wit: January 20,
2004; and
WHEREAS, the Supervisor of Elections of Palm Beach County has provided the
Commission with the results of the Referendum for the purpose of canvassing the returns and
declaring and certifying the results thereof; and
WHEREAS, said Referendum has been duly and properly held in accordance with law and
that a copy of the certificate certifying the results of the Referendum to the Florida Depaiti~ent of
State (in substantially the form attached hereto as Exhibit "A"), has been delivered to this
Commission for the purpose of declaring and certifying the results thereof; and
WHEREAS, the official returns of said Referendum delivered to this Commission by the
Supervisor of Elections reflect that the total numbers of votes cast in the Referendum by the
qualified electors residing in the City the issuance of Bonds for the New
Neighborhood Parks, Soccer Complex and Existing Parks Improvement Projects in the aggregate
principal amount not exceeding $9,000,000; the issuance of Bonds for
Recreation Center Projects in the aggregate principal amount not exceeding $7,000,000;
the issuance of Bonds for Old School Square Improvement Projects in
the aggregate prindpal amount of $7,000,000; and the issuance of Bonds
for new Library Furnishings and Fixture Project in the aggregate principal amount not exceeding
$1,000,000.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLOR_IDA, AS FOLLOWS:
Section 1. That the Commission at this meeting duly held, having received the results from
the Supervisor of Elections, hereby canvases the returns of said Referendum and detemaines, finds,
declares and certifies the results thereof with respect to the Projects as follows:
2 RES. NO. 9-04
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?
(a) The total number of votes cast in such Referendum by
said qualified electors residing in the City that voted "For Bonds" for the New
Neighborhood Parks, Soccer Complex and Existing Parks Improvement Projects
was
(b) The total number of votes cast in such Referendum by
said qualified electors residing in the City that voted "Against Bonds" for the
New Neighborhood Parks, Soccer Complex and Existing Parks Improvement
Projects was
(c) A majority of the votes cast in such Referendum by such
qualified electors in the City of the issuance of the Bonds
submitted at such Referendum for the New Neighborhood Parks, Soccer
Complex and Existing Parks Improvement Projects.
QUESTION 2
RECRI~.ATION CENTERS PROJECTS
Shall the City issue general obligation bonds to finance land acquisition,
construction and equipping of a new recreation center in the Cxty's Western Area
and to improve and equip certain existing recreational centers, and all costs
incidental thereto, not exceeding $7,000,000 beating interest at not exceeding the
legal rate, maturing not later than 20 years from the date of issuance, payable
from the City's ad valorem taxes?
(a) The total number of votes cast in such Referendum by
said qualified electors residing in the City that voted "For Bonds" for the
Recreation Centers Projects was
3 RES. NO. 9-04
(b) The total number of votes cast in such Referendum by
said qualified electors residing in the City that voted "Against Bonds" for the
Recreation Center Projects was
(c) A maiofity of the votes cast in such Referendum by such
qualified electors in the City of the issuance of the Bonds
submitted at such Referendum for the Recreation Centers Projects.
QUESTION 3
OLD SCHOOL SQUARE
IMPROVEMENT PROJECTS
Shall the Cxty issue general obligation bonds to expand Old School Square
by acq,~irlng 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
City's ad valorem taxes?
(a) The total number of votes cast in such Referendum by
said qualified electors reCxding in the City that voted "For Bonds" for the Old
School Square Improvements Projects was
(b) The total number of votes cast in such Referendum by
said qualified electors residing in the City that voted "Against Bonds" for the Old
School Square Improvements Projects was
(c) A majority of the votes cast in such Referendum by such
qualified electors in the City of the issuance of the Bonds
submitted at such Referendum for the Old School Square Improvements
Projects.
4 RES. NO. 9-04
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?
(a) The total number of votes cast in such Referendum by
said qualified electors residing in the City that voted "For Bonds" for the New
Library Furnishings and Fixtures Projects was
(b) The total number of votes cast in such Referendum by
said qualified electors residing in the City that voted "Against Bonds" for the
New Library Furnishings and Fixtures Projects was
(c) A majority of the votes cast in such Referendum by such
qualified electors in the City of the issuance of the Bonds
submitted at such Referendum for the New Library Furnishings and Fixtures
Projects.
Section 2. That said Referendum was in all respects conducted in accordance
with law, and that all steps in connection with and preceding such Referendum have been
duly, regularly, lawfully taken and that the statutes and constitution of the State of
Florida, the City Charter and City ordinances have been duly complied with in
accordance with all their provisions.
Section 3. That a true and correct copy of the certified results shall be filed
by the Commission with the Florida Department of State in substantially the form
attained hereto as Exhibit "A" (the "Certificate") and that the Commission shall secure
an affidavit of publication from the publishers of the Boca Raton News, Delray Beach
Edition, and E1 Latino attesting to the publications of the notice of the Referendum (the
"Affidavit").
Section 4. That said returns shall be entered and recorded in the minutes of
the Commission; and this Resolution, the Affidavit and Certificate shall be recorded in
the minutes of the Commission.
Section 5. All resolutions or parts thereof in conflict or inconsistent herewith
are hereby repealed insofar as any conflict or any inconsistencies exists.
5 RES. NO. 9-04
Section 6.
adoption.
That this Resolution shall take effect immediately upon its
PASSED AND ADOPTED in reg,,l~r session on this __ day of
2004.
CITY OF DELRAY BEACH, FLORIDA
ATI'EST:
MAYOR
City Clerk
6 RES. NO. 9-04
EXHIBIT "A"
CERTIFICATE OF CITY CANVASSING BOARD
CITY OF DELRAY BEACH, FLORIDA
BOND REFERENDUM
JANUARY 20, 2004
STATE OF FLORIDA
PALM BEACH COUNTY
Pursuant to the requirements of Section 100.351 of the Florida Statutes, we, the
unders'~med, Jeff Perlman, Mayor of the City of Delray Beach, Florida, Jon Levinson, City
Commissioner, Pat Archer, City Commissioner, Alberta McCarthy, City Commissioner, Bob Costin,
City Commissioner, do hereby certify that on the __ day of January, A.D., 2004, we canvassed
the votes as shown by the records on file in the Office of the Supervisor of Elections. WE do
hereby certify from said returns as follows:
That for the City of Delray Beach, Florida, Bond Referendum, the whole number of votes
cast was votes of which number the City electors voted in the following manner in
connection with the general obligation bonds for each of the Projects listed below.
NEW NEIGHBORHOOD PARKS, SOCCER COMPLEX AND
EXISTING PARKS IMPROVEMENT PROJECTS
"For Approval" received
"Against Approval" received
Votes
Votes
RECREATION CENTERS PROJECTS
"For Approval" received
"Against Approval" received
Votes
Votes
OLD SCHOOL SQUARE IMPROVEMENT PROJECTS
"For Approval" received Votes
"Against Approval" received Votes
NEW LIBRARY FURNISHINGS AND FIXTURES PROJECT
"For Approval" received Votes
"Against Approval" received Votes
day of January, 2004.
Mayor
Member, City Commission
Member, City Commission
Member, City Commission
Member, City Commission
Wimess our hands and seal this the