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Res 13-85 RESOLUTION NO. 13-87 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR THE ISSUANCE OF GENERAL OBLIGATION BONDS IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT EXCEEDING $5,000,000 TO FINANCE THE CONSTRUCTION OF A PUBLIC SAFETY FACILITY IN THE MANNER HEREIN SET FORTH; PROVIDING FOR THE CONSTRUCTION OF THE PUBLIC SAFETY FACILITY; ORDERING AND PROVIDING FOR A BOND ELECTION ON THE APPROVAL OF THE BONDS; PROVIDING FOR AN EFFECTIVE DATE. NOl~, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOV/S: Section 1. It is hereby ascertained, determined and declared: A. That, in the opinion of the City Council of the City of Delray Beach, Florida (the '"City Council"), the existing police headquarters facility is inadequate to meet the needs of the City of Delray Beach, Florida (the "City"). B. That, in the opinion of the City Council, the construction of a new public safety facility would be in the best interests of the City. C. That, the City Council finds it expedient at this time to provide for the construction of a new Public Safety Facility, as hereinafter described more fully and referred to as the "Project", in and for the City, and contemplates in connection therewith to issue bonds to finance the same and to order and provide for a bond election on the approval of such bonds. D. That, the City Council contemplates financing the Project by issuing General Obligation Bonds (the "Bonds"), in the aggregate principal amount of not exceeding $7,000,000 to be secured by the full faith and credit of the City, for the payment of all or a portion of the costs of the Project. E. That, it is necessary and essential to call and to hold a bond election submitting the issuance of such Bonds to the approval or disapproval by the residents who are qualified electors and reside within the City. Section 2. Subject to the approval of the qualified electors of the City as set forth in Section 5 hereof, the Project is hereby authorized. Section 3. Subject to the approval of the qualified electors of the City as set forth in Section 5 hereof, there is hereby authorized the issuance of the Bonds of the City in an aggregate principal amount of not exceeding Five Miiiion Doiiars ($5,000,000) to finance all or a portion of the construction of a new Public Safety Facility, which Project shall be constructed within the City of Delray Beach, Florida, consisting of facilities for the operations of the Police Department of the City of Delray Beach, Florida, a radio communications system, prisoner processing facilities, and storage and motor vehicle parking facilities incidental thereto, all generally in accordance with the preliminary plans and specifications prepared by Digby Bridges, Marsh & Associates o! Delray Beach, Florida, and such final plans and specifications to be flied in the office of the City Clerk of the City of Delray Beach, Florida, and approved by the City Council, together with all other costs incidental or related thereto, for which the full faith and credit of the City shall be pledged. The payment of the principal of and interest on such Bonds shall be payable at such times and in such manner as shall hereafter to be determined by subsequent resolution of the City Council, and such Bonds shall be payable from ad valorem taxes levied and collected in the City without limitation as to rate or amount on all taxable property in said City sufficient to pay the principal of and interest on such Bonds as the same become due and payable. Section ~. The Bonds may be issued all at one time or in part from time to time as the City Council may in its direction hereafter determine by subsequent resolution. Section 5. The Bonds shah not be issued unless such Bonds shall be approved at the bond election hereinafter provided for by a majority of the qualified electors residing in the City and voting in such election all in the manner provided in the Constitution and the Statutes o5 Florida. Section 6. A bond election is hereby ordered to be held in the City, on the 12th day of March, 1985, simultaneously with and as a part of the general City election, to determine whether or not there shall be issued Bonds of the City in an aggregate principal amount of not exceeding Five Million Dollars ($5,000,000), bearing interest at such rate or rates not exceeding the legal rate, and to mature not later than thirty (30) years from the date of issuance of said Bonds, for the purpose of financing all or a portion of the cost of the Project. Section 7. Polling locations or places shall be the same as those for the general City election to be held on the same date, and all qualified electors of the City who vote in said bond election shall vote at said designated polling places. The polls shall be open on the date of said bond election from seven o'clock a.m. until seven o'clock p.m. on the same day. Only the duly qualified electors residing in the City will be permitted to vote in said bond election. 5action g. The City Clerk of the City of Delray Beach, Florida (the "City Clerk") shall prepare and give notice of the bond 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 bond election in The News of De]ray, the first publication to be not less than thirty (30) days prior to the date of said bond 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 affidavit shall be made a part of the record of the City Council. Section 9. The vote as said bond election shall be by votomatic machines and in each polling place there shall be at least one votomatic machine. Paper ballots shall be used for absentee voting. It shall be the responsibility of the City Clerk to have prepared and furnished to the inspectors and clerks for said bond election votomatic machines in such numbers as shall be required to carry out the intent of this resolution, and to have prepared and approved by the proper authorities and installed in such votomatic machines such ballots as shall be necessary to conduct the election of the qualified electors residing in the City relative to the question whether the issuance of Bonds for the Project in the aggregate principal amount of not exceeding Five Million Dollars ($5,000,000) shall be approved to pay for financing all or a portion of the costs of such Project. Section 10. The ballot for the Project to be used in said bond election shall be substantially in the following form: BALLOT CITY OF DELRAY BEACH, FLORIDA BOND ELECTION Shall the City of Delray Beach, Florida (the "City"), issue its General Obligation Bonds (the "Bonds") in an aggregate principal amount of not exceeding $5,000,000, bearing interest at such rate or rates not exceeding the legal rate, as shall be determined upon the sale thereof, maturing not later than thirty (30) years from the date of issuance of such Bonds, the principal of and interest on such Bonds to be payable from ad valorem taxes levied and collected in the City without limitation as to rate or amount on all taxable property in the City, for the payment of all or a portion of the cost of constructing a new Public Safety Facility, consisting of facilities for the operations of the Police Department of the City of Delray Beach, Florida, a radio communications system, prisoner processing facilities, and storage and motor vehicle parking facilities incidental thereto, together with all other costs incidental or related thereto, as more specifically described and provided in a resolution adopted by the City Council of the City of Delray Beach, Florida, on 3anuary 29, 1995. Instructions to Voters: Indicate by depressing the marking device over "FOR BONDS" if you favor proposed Bond issue. Indicate by depressing the marking device over "AGAINST BONDS" if you do not favor Bond issue. Section 11. The returns of the referendum shah be canvassed-in the manner provided by taw, and said returns shah be certified to the City Council, which shah declare the results thereof. - 2 - Reso, No, 13-85 Section 12. The Supervisor of Elections for Palm Beach County, Florida, is hereby authorized and requested to make up and certify a list of the names of all qualified voters residing in the City of Delray Beach, Florida. A certified copy of such list shall be furnished to the City Clerk, and a certified copy of such list shall be filed among the records of this City Council. Section 13. 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 IQ. This resolution shall take effect upon its passage in the manner provided by law, PASSED AND ADOPTED in regular session on this the 29t:h day of January , 1985. ATTEST: - 3 - Reso. No, 13-85