Loading...
Res 82-80 RESOLUTION NO. 82-80 A RESOLUTION OF THE CITy COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ORDERING AND PROVIDING FOR A REFERENDUM ELECTION TO BE HELD ON NOVEMBER 4, 1980, CONCERNING WHETHER A~NDMENTS SHOULD BE MADE TO THE DELRAY BEACH DOWNTOWN DEVELOPMENT AUTHORITY ACT (CHAPTER 71-604 LAWS OF FLORIDA', AS AMENDED BY CHAPTER 72-624 LAWS OF FLORIDA). WHEREAS, Section 5.07 of the Charter of the City of Delray Beach sets forth procedures for the calling of special elections; and, %~EREAS, this resolution shall serve as notice of such special election, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL 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 November 4, 1980, to deter- mine whether the amendments to the Delray Beach Downtown Development Authority Act (Chapter 71-604 Laws of Florida, as amended by Chapter 72-624 Laws of Florida) should be adopted as set forth in Chapter 80-495 Laws of Florida, and as set forth in Ordinance No. 56-80 of the City of Delray Beach, which is attached hereto and expressly made a part hereof. Section 2. That the polling locations or places shall 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 places. The polls shall be open on the date of said referendum election from seven o'clock A.M. until seven o'clock 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 Ordinance No. 56-80, 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'Journal, 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 this resolution, with an appropriate caption, to be published prior to the date of said referendum election in the Delray Beach News Journal. The City Clerk shall secure from the publisher of said newspaper an appropriate affidavit of proof that said ordinance and resolution have been duly published as herein set forth, and said affidavits shall be made a part of the record of the City Council. 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 elec- tions, and in each polling place there shall be at least one voting machine. Section 5. That the returns of the referendum shall be canvassed and certified in the manner provided by law. Section 6. That the Supervisor of Elections for Palm Beach County, F~orida, is hereby authorized and requested to make up and certify a list of the names of all qualifed 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 Inspectors and Clerk of the election at the polling places 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 Council. Section 7. 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 8. That this resolution shall take effect in the manner provided by law. PASSED AND ADOPTED in special session on this the 2nd day of October , 1980. V I C E M A Y O'R-~ ATTEST: City Clerk -2- Res. No. 82-80 ORDINANCE N0.56-80 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING THAT A REFERENDUM ELECTION BE HELD NOVEMBER 4 , 1980, CONCERNING THE DOWNTOWN DEVELOPMENT AUTHORITY IN ACCORDANCE WITH CHAPTER 80-49~ LAWS OF FLORIDA; THE REFERENDUM ELECTION IS BEING HELD TO DETERMINE IF CHAPTER 71-604 LAWS OF FLORIDA AS AMENDED ~Y CHAPTER 72-524 LAWS OF FLORIDA (COLLECTIVELY KNOWN AS THE DELRAY BEACH DOWNTOWN DEVELOPMENT AUTHORITY ACT) SHOULD BE FURTHER AMENDED BY CHAPTER 80-495 .... LAWS OF FLORIDA, PROVIDING THE FOLLOWING: EXPANDING THE DOWN- TOWN AREA DESCRIPTION TO ADD PROPERTIES LYING EAST OF THE INTRACOASTAL WATERWAY, EXPANDING THE BOARD COMPOSI- TION TO SEVEN MEMBERS (FOUR OF WHOM MUST BE OWNERS OF REALTY WITHIN THE DOWNTOWN AREA, A LESSEE REQUIRED BY THE LEASE TO PAY TAXES THEREON, OR A DIRECTOR, OFFICER OR MANAGING AGENT OF AN OWNER OR OF A LESSEE THEREOF SO REQUIRED TO PAY TAXES THEREON) PROVIDING THAT THE MEMBERS OF SAID BOARD SHOULD BE GEOGRAPHICALLY PRO- PORTIONED AS EVENLY AS POSSIBLE IN THE AREA ENCOMPASSING THE DOWNTOWN, PROVIDING A. SAVINGS CLAUSE AND AN EFFECTIVE DATE. WHEREAS, Chapter 80-495 Laws of Florida authorized certain amendments to be made to the legislation pertaining to the Downtown Development Author- ity, and WHEREAS, the provisions of Chapter '80-495 Laws of Florida require as a condition precedent to the effectiveness of these amendments that a referen- dum election be held. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS: Section 1. That a referendum election shall be held on November 4 , 1980 to determine whether the amendments to the "Delray Beach Downtown Development Authority Act" (Chapter 71-604 Laws of Florida as amended by Chapter 72-524 Laws of Florida) should be amended by the provisions set forth in Chapter 80-495 Laws of Florida. The question to be submitted to the electors at said election shall be subStantially as follows: AMENDMENTS TO THE "DELRAY BEACH DOWNTOWN DEVELOPMENT AUTHORITY ACT"AS FOLLOWS: EXPAND THE DOWNTOWN AREA DESCRIPTION BY ADDING PROPERTIES LYING EAST OF'THE INTRACOASTAL WATERWAY; EXPANDING THE BOARD COMPOSI- TION TO SEVEN MEMBERS (FOUR OF WHOM MUST BE OWNERS OF REALTY WITHIN THE DOWNTOWN AREA, A LESSEE REQUIRED BY THE LEASE TO PAY TAXES THEREON, OR A DIRECTOR, OFFICER OR MANAGING AGENT OF AN OWNER OR OF A LESSEE THEREOF SO REQUIRED TO PAY TAXE'S THEREON) PROVIDING THAT THE MEMBERS OF SAID BOARD SHOULD BE GEOGRAPHI- CALLY PROPORTIONED AS EVENLY AS POSSIBLE IN THE AREA ENCOMPASSING THE DOWNTOWN. SHALL THE ABOVE DESCRIBED AMENDMENTS TO THE'DELRAY BEACH DOWNTOWN DEVELOPMENT AUTHORITY ACT" BE ADOPTED? FOR APPROVAL I ' I AGAINST APPROVAL Section 2. If the proposal set forth in Section 1 above is approved at said referendum election by a separate majority vote of those voting in both the current geographic area of the Downtown Development Authority and the geographic area proposed to be added to the Downtown Development Author- ity, by such proposal, and if the proposal is otherwise approved in accor- dance with Chapter 80,495 Laws of Florida, it shall take effect as provided by law. Section 3. That if any clause, section or other part of this Ordinance shall be held invalid or unconstitutional by any court of competent juris- diction, the remainder of this Ordinance shall not be affected t~hereby, but shall remain in full force and effect. PASSED AND ADOPTED in regular session on second and final reading this day of . , 1980. MA Y 0I:[ ......... ATTEST: City Clerk First Reading Second Reading -2' Ord. Mo .56-80 J