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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