R03-155RESOLUTION NO. R03- I~'~"
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZING AND DIRECTING THE CITY
MANAGER T O EXPEND LIMITED PUBLIC FUNDS FOR
THE PURPOSE OF FURNISHING INFORMATION TO
THE CITIZENS AND RESIDENTS OF BOYNTON BEACH
REGARDING THE MUNICIPAL REFERENDUM
ELECTION ISSUE CONCERNING THE PROPOSED
GENERAL OBLIGATION BONDS, SCHEDULED FOR
NOVEMBER 4, 2003; FINDING THAT THIS
EXPENDITURE IS IN THE BEST INTERESTS OF THE
HEALTH, SAFETY, AND GENERAL WELFARE O F T HE
CITIZENS OF BOYNTON BEACH; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission for the City of Boynton Beach ("City")
adopted Resolution No. R03-131 on July 15, 2003 which called for a municipal
referendum election concerning the issuance of General Obligation Bonds to fund several
municipal projects; and
WHEREAS, pursuant to Resolution R03-131, the municipal referendum election
is scheduled for November 4, 2003, at which time the City's electors will be able to vote
as to whether to authorize the General Obligation Bond Issue; and
WHEREAS, the City Commission of the City of Boynton Beach desires to
educate the electorate as to the purposes and goals for the General Obligation Bond Issue;
md
WHEREAS, the City Commission desires to authorize the City Manager and/or
tis designee to take all reasonable steps necessary to educate the City's electors about the
>urpose for the General Obligation Bond Issue; and
WHEREAS, the City Commission adopts the opinion of the Florida Attorney
3eneral in AGO 98-33, where it is stated that government may expend public funds for
the purpose of furnishing information to the electors regarding ballot issues, provided that
the governing body makes legislative findings as to the purpose of the expenditure and
the benefits to the health, safety, and general welfare of the public; and
WHEREAS, the Florida Supreme Court, in People Again~qt Tax Revenue
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iMismanagement; lnc_ v_ County of l,eon, 583 So.2d 1373 (Fla. 1991) indicated that the
;ovemment may expend public funds to support or oppose an issue that is deemed by the
;oveming body to be in that government's best interests; and
WHEREAS, the City Commission has determined that the proposed General
)bligation Bond Issue will benefit the City of Boynton Beach by authorizing the issuance
of General Obligation Bonds to fund various projects, as specified in Resolution R03-
131, which will increase the quality of public services provided to the citizens and
residents of Boynton Beach; and
WHEREAS, the City Commission of the City of Boynton Beach deems the
expenditure of limited funds to provide for informational flyers, brochures, mailings,
and other educational/informational items for the purpose of educating and informing
the City's electors concerning the November 4, 2003 referendum election, to be in the
best interests of the health, safety, and welfare of the citizens of the City of Boynton
Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
~ The foregoing "WHEREAS" clauses are hereby ratified and
:onfirmed as being true and correct and are hereby made a specific part of this Resolution
apon adoption hereof.
~ It is hereby found and determined that the proposed General
Obligation Bond Issue, authorized pursuant to City Resolution R03-131, which is
scheduled to be on the November 4, 2003 municipal election ballot, is in the best interests
of health, safety, and welfare of the citizens of the City of Boynton Beach and the
residents and businesses located within the described area; that it is necessary to provide
information regarding the effects of an General Obligation Bond Issue to the City's
electorate, a nd t hat providing e ducational/informational flyers, brochures, mailings and
other educational/informational items to the City's electorate is the most appropriate and
~ffective means to provide such information.
Section 3. The City Manager is hereby authorized and directed to take all
;teps necessary to comply with the provisions of this Resolution prior to the November 4,
2003 municipal referendum election for the purpose of educating and informing the City's
electors of the purpose and goals of the General Obligation Bond Issue and to expend no
more than is reasonably necessary to provide such information.
Section 4. All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
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Section 5. If any clause, section, other part or application of this Resolution is
held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
8eetinn ii. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this fi-. dayof September, 2003.
CITY. F BO' O ACH, F~LORDA
/ ~/t Mayor .~..] _
ATTEST:
I i , rk
Commissioner
- GO Bond Expenditures.doc
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