O93-011
2
3
4
5
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
32
33
34
35
36
37
38
39
4O
41
42
43
44
45
46
47
48
52
53
54
55
56
57
58
59
6o
61
ORDINANCE NO.~93-/
AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING CERTAIN CAPITAL PROJECTS CONSISTING OF
WATER, SEWER AND ROAD INFRASTRUCTURE IMPROVEMENTS
FOR THE CONSTRUCTION OF A PUBLIC HIGH SCHOOL IN THE
CITY OF BOYNTON BEACH, FLORIDA, TO BE LOCATED AT
CONGRESS AVENUE AND OLD BOYNTON ROAD; AUTHORIZING
THE ISSUANCE OF GENERAL OBLIGATIONS BONDS TO THE
CITY TO PAY FOR THE COSTS OF SUCH IMPROVEMENTS;
PROVIDING FOR A BOND ELECTION AT WHICH THE
PROPOSITION FOR THE ISSUANCE OF THE BONDS SHALL BE
SUBMITTED TO THE QUALIFIED ELECTORS OF THE CITY;
AUTHORIZING BUT NOT REQUIRING THE VALIDATION OF THE
BONDS; PROVIDING THE FORM OF THE QUESTION TO BE
PRESENTED AT THE BOND ELECTION; PROVIDING FOR
NOTICE OF ADVERTISEMENT TO SAID BOND ELECTION TO BE
PUBLISHED IN ACCORDANCE WITH THE CODE OF ORDINANCES
AND THE CHARTER OF THE CITY OF BOYNTON BEACH,
FLORIDA, AND THE STATE OF FLORIDA; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton
Beach, has determined that it is in the best interests of the
citizens of the City to ask the citizens of the City whether
they are in favor of a public high school to be located at
Congress Avenue and Old Boynton Road and the City funding the
water, sewer and road infrastructure improvements needed by
the school;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH~ FLORIDA, THAT:
Section 1. That the foregoing WHEREAS clause is true and
correct and is now hereby ratified and confirmed by the City
Commission.
Section 2. Authority for this Ordinance. This ordinance
is enacted pursuant to the provisions of (i) the Home Rule
Charter (the "Charter") of the City of Boynton Beach, Florida
(the "City") and (ii) other ~applicable provisions of laws
including, without limitation, Article VII, Section 9(a),
Article VII, Section 12 (a) and Article VIII, Section 2(b) of
the Florida Constitution of 1968, as amended, and Chapter 166,
Florida Statutes, including, without limitation, Part II
thereof.
Section 3. Findings.
Boynton Beach, Florida,
follows:
The City Commission of the City of
hereby finds and determines as
fa)
The City is duly created and validly existing
municipality of the State of Florida;
(b)
The City is authorized by Chapter 166, Florida
Statutes, to adopt this ordinance authorizing the
issuance of general obligation bonds of the City
which are payable from ad valorem tax revenues, in
one or more series, to pay the costs of one or more
capital projects for water, sewer and road
infrastructure improvements for the construction of
a public high school in the City of Boynton Beach,
Florida, to be located at Congress Avenue and Old
Boynton Road, and, after approval of the bonds by
the qualified electors of the City, to sell, issue
and deliver such bonds and to levy ad valorem taxes
of the City on all real property lying within the
1
2
3
4
5
6
7
8
12
14
15
16
17
18
2i
22
23
24'
25
26
27
28
29
32
33
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
56
57
58
59
60
61
62
[c:¥
(c)
territorial limits of the City which is subject to
ad valorem taxes, without limitation as to rate and
amount, to pay the principal of, redemption
premium, if any, and interest on such bonds;
The capital projects described herein are necessary
for the water, sewer and road infrastructure
improvements for the construction of a public high
school in the City of Boynton Beach, Florida, to be
located at Congress Avenue and Old Boynton Road and
general welfare of the City and its residents and
such capital projects will benefit the property
lying within the territorial limits of the City and
benefit the residents of the City;
It is necessary and desirable that the City
authorize the issuance of its general obligation
bonds which are payable from ad valorem taxes to
provide the funds needed to pay costs of such
capital projects;
(e)
Prior to the sale, issuance and delivery of such
bonds, it is necessary that the issuance of the
bonds be approved by the qualified electors of the
City;
(f)
it is therefore necessary and desirable to call an
election submit to the qualified electors residing
in the City a proposition on the issuance of such
bonds, to provide for the notice thereof, and to
provide for the form of ballot and the election
procedures to be utilized in the election;
(g)
The authorization and issuance of the bonds and the
capital projects described herein will serve a
public and municipal purpose of the City.
Section 4. Authorization of the Capital Projects. If
bonds authorized by Section 5 hereof are approved by the
qualified electors of the City, sold and delivered, the City
shall, with bond proceeds, buy the water, sewer and road
infrastructure improvements for the construction of a public
high school in the City of Boynton Beach, Florida, to be
located at Congress Avenue and Old Boynton Road described in'
Exhibit 1 attached hereto and made a part hereof by this
reference, or such part thereof as the proceeds of such bonds
permit. The portion of the costs of such capital projects to
be paid with proceeds of the bonds, including, without
limitation, financing costs and reasonable contingencies, is
estimated to be not greater than the aggregate principal
amount of the bonds authorized in Section 5 hereof.
Section 5. Authorization of Bonds. The City is hereby
authorized, pursuant to the provisions of the Charter, the
provisions of Chapter 166, Florida Statutes, and the provision
of this ordinance and subject to the approval thereof by a
majority of the qualified electors of the City who vote at the
bond election herein provided for, to issue general obligation
bonds of the City in an aggregate principal amount not to
exceed the amount specified herein, in one or more series, to
pay costs of the capital projects described in Exhibit 1 to be
acquired, constructed, installed or otherwise provided by the
City. The bonds hereby authorized may, after elector approval
be issued and sold in one or more series, as the City
Commission shall determine by one or more resolutions which
are supplemental to this ordinance. The bonds, if issued as
a single series (or each series of bonds, if issued in
mulltiple series) shall be in such principal amount as shall be
provided by supplemental resolution, provided that the
CODING: Words in ~ type are deletions from
existing law;
Words in underscored type are additions.
>51\Boynton\BondOrd] Page 2 of 4
1
2
3
4
5
6
7
8
9
13
14
15
16
17
18
19
20
21
22
23
24
2
27
30
31
32
36
37
38
39
40
41
42
43
44
45
46
47
48
49
5O
51
52
53
54
55
59
60
61
62
63
64
[c:\
aggregate principal amount of all such bonds shall not exceed
$1,900,000.00, and the bonds of each such series shall bear
interest at the interest rate or rates as the City Commission
by resolution shall establish, provided that no series of such
bonds shall bear interest at a net interest cost rate greater
than the maximum rate of interest then allowed by law at the
time such series is sold. The respective maturities of the
bonds of each series shall be established by the resolution of
the City Commission which establishes the terms of such series
of bonds, provided that no bond shall mature more than ten
(10) years from the date of its delivery to the initial
purchaser thereof. Each bond of each series shall be in such
form and have such terms as shall be established by the
resolution of the City Commission providing for the issuance
of bonds of such series, subject to such limitations as may be
contained in the Charter and other applicable laws. Each bond
shall bear the name of the City and shall be designated
"General Obligation Bond" and shall have such series
designation as provided in the resolution, supplemental
hereto, providing for the form and terms of the bonds of that
series. All bonds issued pursuant to this ordinance and
interest thereon shall be general obligations of the City and
shall be payable from ad valorem taxes levied by the City for
such purposes. The proceeds of the bonds shall be used to pay
costs of the projects described in Exhibit 1 hereto, including
issuance costs relating to the bonds and any capitalized
interest and any deposits to any debt service fund or reserve
fund provided for the bonds by one or more supplemental
resolutions.
Section 6.
Bond Election.
(a) Call of Bond Election. A bond election is hereby
called and ordered to be held in and for the City on the date
and at the time and place provided for in the form of notice
provided for in subsection (c) of this section and in Exhibit
~ hereto, at which there will be submitted to qualified
electors residing in the City, whether or not freeholders, to
be voted upon by them, the proposition set forth in the form
of notice provided for in subsection (c) of this section and
in Exhibit 2 hereto. Said election shall be conducted in the
manner provided by the Florida election laws applicable to
bonds and in the notice of election provided for in subsection
(c) of this section and in Exhibit 2 hereto.
(b) Proposition on the Bonds and Form of Ballot. T h e
proposition on the bonds shall be substantially as set forth
in the form of ballot contained in the notice provided for in
subsection (c) of this section and in Exhibit 2 hereto and the
form of ballot shall be substantially as set forth in the form
of notice provided for in subsection (c) of this section and
in Exhibit 2 hereto.
(c) Notice of Bond Election. The notice of bond
election shall be substantially as set forth in Exhibit 2
attached hereto and made a part hereof by this reference.
Said notice, as required by Section 100.342, Florida Statutes,
shall be given at least thirty (30) days prior to the date of
such election by publication in a newspaper of general
circulation in the City, which publication shall be made at
least twice, once in the fifth (5th) week and once in the
third (3rd) week prior to the week which the election is held.
The City Clerk is authorized to select the exact dates in each
such week said notice is to be published and to arrange for
such publication.
(d) Arrangements for Bond Election. The City Clerk is
authorized and directed to make arrangements with the
Supervisor of elections for the holding of said bond election,
CODING: Words in ~-'~ ~-.~-~.~ tyDe~ are deletions from
existing law;
Words in underscored type are additions.
P51\Boynton\BondOrd] Page 3 of 4
1
2
3
4
5
6
7
12
13
14
15
16
17
18
19
20
2~
22
23
24
25
26
27'
the preparation of ballots and the publication of notice as
herein provided.
Section 7. Validation of Bonds. If the bonds are approved
by a majority of the qualified electors of the City who
participate in the bond election, the City Attorney is
authOrized, but is not required to seek judicial validation of
the bonds.
Section 8. If any clause, section, or other part or
application of this Ordinance shall be held by any court of
competent jurisdiction to be unconstitutional or invalid, such
unconstitutional or invalid part or application shall be
considered as eliminated and so not effecting the validity of
the remaining portions or applications remaining in full force
and effect.
Section 9. Ail Ordinances or parts of Ordinances, or
ResolutiOns or parts of Resolutions in conflict herewith be
and the same are hereby repealed to the extent of such
conflict.
Section 10. It is the intention of the City Commission that
the provisions of this Ordinance shall take effect as provided
by law.
FIRST READING, THIS ~- DAY OF ~u,~/¢~ , 1993.
SECOND AND FINAL READING, THIS /~ DAY OF~/~/~~,
1993. '
CITY OF BOYNTON BEACH, FLORIDA
ARLINE WEINER
3O
31
32
33
34
35
3~
3~
ATTEST:
Cr'~' CLERK, SU'ZANN~E~ M ~ ~RUSE
COMMISSIO]
LYNNE~MATSON
EARMENING
BOB WALSHAK
CODING:
Words in struck through type are deletions from
existing law;
Words in underscored type are additions.
lc: ] Page 4 of 4
[C:
Ol\O \93
EXHIBIT 1
DESCRIPTION OF CAPITAL PROJECTS
The design and construction of water, sewer and road
infrastructure improvements incidental to the construction of
a public high school in the City of Boynton Beach, Florida to
be located at Congress Avenue and Old Boynton Road. The road
improvements include a turn lane west bound on Old Boynton
Road, a turn lane east bound on Old BoyntOn Road, bridge
replacement on Old BOynton Road, a turn lane north bound on
Congress Avenue, a turn lane south bound on Congress Avenue
and the widening to four (4) lanes of Northwest 22nd Avenue
from Congress Ave~! to Lawrence Road.
?nton\BondExhb ]
EXHIBIT 2
NOTICE OF PUBLIC ELECTION
CITY OF BOYNTON BEACH, FLORIDA
Public Notice is hereby given that, pursuant to the
Charter of the City of Boynton Beach, Florida (the "City,,),
Chapter 166, Florida Statutes, and Ordinance Number 093-1 of
the City, a bond election has been called and ordered held in
and for the City on March 9, 1993, at the polling place
provided for kelow, at which there will be submitted to
qualified voters residing in the City, whether or not
freeholdersf the proposition on bonds stated in the form of
ballot set forth below.
~orm of_Ballot Containinq Proposition on Bonds:
~ROPOSITION REGARDING A $1,900 000.00 BOND ISSUE FOR A PUBLIc':
HIGH SCHOOL '
Shall the City of Boynton Beach, Florida,
issue not exceeding $1,900,000.00 of its
General Obligation Bonds maturing not
more than ten (10) years from date of
issuance, bearing interest not to exceed
maximum legal rate, payable from City ad
valorem taxes, to pay costs of capital
projects for water, sewer and road
infrastructure improvements for
construction of a public high school in
the City located at Congress Avenue and
Old Boynton Road described in City
Ordinance NOo 093-1
FOR BONDS
AGAINST BONDS
Voting. Ail qualified electors resident in the City,
whether or no~ freeholders, shall be entitled to vote.
Qualified electors of the City desiring to vo~e for issuance
of the Bonds shall punch the box on the ballot card (or mark
the box on the ballot or depress the lever on the voting
machine) desig~ated by the words "FOR BONDS" and voters
desiring to vot~ against 'the issuance of the Bonds shall punch
the box on the ballot card (or mark the box on the ballot or
depress the lever on the voting machine) designated by the
words "AGAINST BONDS.,.
~Dces. The polling places designated for the
bond election ~hall be the polling places for the general
election to be held in the City on said date.
Reqistration Books. The books of registered voters are
maintained by the Supervisor of Elections of Palm Beach
County, Florida, and said books will close at 5:00 p.m. on
February 8, 1993. Prior to that time and date, residents of
the City, whether or not freeholders, may register to vote in
said~bond election.
~~ of Bonds. The Bonds may be issued in one or
more series frozen time to time to pay the cost of capital
projects descr'~bed below. Not more than $1,900,000.00
principal amount of bonds may be issued and the interest
payable on any ]5ond shall not exceed the maximum lawful rate.
JAC\dj
[C: \14P51 \Boynt on\BondExh bi
01 \04 \93
No Bond may mature more than ten (10) years after its date of
initial issuance. The form, details, and interest rate or
rates of bonds of each series will be established prior to
issuance by resolution of the City Commission of the City.
Any series of the Bonds may be sold by public bidding or by
negotiated sale as allowed by law. The Bonds and interest and
premium thereon, the redemption price (or purchase price)
shall be general obligation bonds which are payable from ad
valorem taxes of the City.
Description of Capital Projects. The capital projects to
be provided with proceeds of the Bonds are described generally
as follows:
1. The acquisition and construction of other capital
projects of the City as the City Commission shall determine to
be necessary or desirable to provide for water, sewer and road
infrastructure improvements for the construction of a public
high school in the City of Boynton Beach, Florida, to be
locate at Congress Avenue and Old Boynton Road and general
welfare of the City and its residents.
Ad Valorem Taxes. If the Bonds are approved at the bond
election and subsequently issued the City, so long as the
bonds remain outstanding, shall levy ad valorem taxes, without
limitation as to rate or amount, on all taxable real property
within the City in an amount sufficient to pay the Bonds, the
premium, if any, and interest thereon and to fund any sinking
fund, debt service fund, reserve fund or other fund which may
be established to pay such debt service, as authorized by the
laws of the State of Florida.
Authorization. This notice is given pursuant to
Ordinance No. 093-1 duly adopted by the City Commission
of the City. A copy of said ordinance may be inspected at the
office of the City Clerk at Boynton Beach City Hall.
SUZANNE M. KRUSE
City Clerk of the City of
Boynton Beach, Florida
JAC\~j
[C:\~P51\Boynton\BondExhb]
01\01\93