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HomeMy WebLinkAbout1982-085RESOLUTION NO. 82-85 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $5,000,000 GENERAL OBLIGATION BONDS OF INDIAN RIVER COUNTY, FLORIDA, TO FINANCE THE COST OF THE ACQUISITION OF BEACHFRONT LAND ON THE ATLANTIC OCEAN IN THE COUNTY; PROVIDING FOR AND CALLING A BOND REFERENDUM OF THE QUALIFIED ELECTORS RESIDING IN THE COUNTY TO BE HELD ON NOVEMBER 2, 1982, ON THE QUESTION OF THE ISSUANCE OF SUCH GENERAL OBLIGATION BONDS; ANn PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: SECTION 1. AUTHORITY OF THIS RESOLUTION. This resolu- tion is adopted pursuant to Section 125.01, Florida Statutes, Chapter 100, Florida Statutes, and other applicable provisions of law. SECTION 2. AUTHORIZATION OF BONDS. Subject and pur- suant to the provisions hereof, general obligation bonds of the County of Indian River, Florida (herein called "County"), are authorized to be issued in the aggregate principal amount of not exceeding FIVE MILLION DOLLARS ($5,000,000) to finance the cost of the acquisition of beachfront land on the Atlantic Ocean in the County, for recreational purposes; together with other purposes necessary, appurtenant or incidental thereto, including all costs of the issuance of the bonds. Such general obligation bonds shall be payable from ad valorem taxes levied without limitation as to rate or amount on all taxable property in the County. None of such bonds shall be issued for a longer term than thirty (30) years from their date of issuance and such bonds shall bear interest at such rate or rates not exceeding the maximum rate per- mitted by applicable law at the time of the sale of the bonds, the actual rate to be determined upon sale of the bonds to the bidder whose bid produces the lowest net interest cost to the County for the bonds. SECTION 3. BOND REFERENDUM. A bond referendum of the qualified electors residing in the County is hereby called to be held on November 2, 1982, to determine whether or not the issuance of such general obligation bonds in an aggregate principal amount of not exceeding FIVE MILLION DOLLARS ($5,000,000) shah be -1-- approved by such qualified electors to finance the cost of the acquisition of such beachfront land, together with other purposes necessary, appurtenant or incidental thereto, .including all costs of the issuance of the bonds. All qualified electors residing in the County shall be entitled and permitted to vote in such bond referendum. The places of voting and the inspectors and clerks for the bond refer- endum shall be the same as those places designated and those persons appointed for the general election to be held in the County on the same date. The polls will be open at the voting places from seven (7) o'clock A.M. until seven (7) o'clock P.M. on the same day. SECTION 4. OFFICIAL BALLOT. V,ting machines shall be used at such bond referendum and the ballot to be used shall be in substantially the following form: OFFICIAL BALLOT INDIAN RIVER COUNTY, FLORIDA BOND REFERENDUM - November 2, 1982 Shall Indian River County, Florida, issue not exceeding $5,000,000 principal amount of general obligation bonds, bearing interest at not exceeding the maximum legal rate of interest at the time of the sale of the bonds, maturing not later than thirty (30) years from the date of issuance thereof, payable from ad valorem taxes levied on all taxable property in the County without limit as to rate or amount, for the purpose of financing the cost of the acquisition of beachfront land on the Atlantic ocean in the County for recreational purposes, as more specifically described and provided in the Resolution of the Board of County Commissioners, adopted on September 1st, 1982? The Ballots and voting machines shall be so arranged that the voter may vote "FOR BONDS" or "AGAINST BONDS". SECTION 5. ABSENTEE VOTING. Paper ballots shall be used at such referendum for absentee voting. The form of ballot to be used in the referendum for absentee voters shall be in substantially the form provided in Section 4 above. SECTION 6. PRINTING OF BALLOTS. The Supervisor of Elections of the County is authorized and directed to have printed on plain white paper a sufficient number of the aforesaid ballots for use of absentee electors entitled to cast such ballots in such -2- 0 •• bond referendum, and shall also have printed sample ballots and de deliver them to the Inspectors and Clerks on or before the date and time for the opening of the polls for such bond referendum; ® and further is authorized and directed to have printed on plain white paper and delivered in accordance with law the official ballots for use in the voting machines and to make all appropriate arrangements for the conducting of such bond referendum. . W SECTION 7. REFERENDUM PROCEDURE. The bond referendum shall be held and conducted in the manner prescribed by general law for holding bond referenda. The Inspectors and Clerks at each polling place shall canvass the vote and make due returns of same without delay to the Board of County Commissioners. Such returns shall show the number of qualified electors who voted at such bond referendum on said proposition and the number of votes cast respectively for and against approval of such proposition. The returns of the Inspectors and Clerks shall as soon as practicable be canvassed by the Board of County Commissioners, which shall declare and certify the results of such bond referendum. The certificate of declaration of results shall be recorded in the minutes of the Board of County Commissioners. SECTION 8. ELECTION RESULTS. If a majority of the votes cast at such election in respect to said proposition or bonds shall be "FOR BONDS", such proposition or bonds shall be approved and then the bonds shall be issued as hereafter provided by the County. SECTION 9. NOTICE OF BOND REFERENDUM. This resolution shall be published in full by the Clerk of the Board of County Commissioners as part of the notice of such bond referendum, together with an appropriate caption in such form as she shall determine, in a newspaper published and of general circulation in the County, at least twice, once in the fifth week and once in the third week prior to the week in which the bond referendum is to be held, the first publication to be not less than thirty (30) days prior to the date of such bond election. SECTION 10. SEVERABILITY. In the event that any word, phrase, clause, sentence or paragraph hereof shall be held invalid -3- W by any court of competent jurisdiction, such holding shall not affect any other word, clause, phrase, sentence or paragraph hereof. SECTION 11. REPEALING CLAUSE. All resolutions in conflict or inconsistent herewith hereby are repealed, insofar as there is conflict or inconsistency. SECTION 12. EFFECTIVE DATE. This resolution shall take effect immediately. The foregoing resolution was offered by Commissioner Wodtke who moved its adoption. The motion was secondcd by Commissioner Lyons and, upon being put to a vote, the vote was as follows: Chairman Don C. Scurlock, Jr. - Aye Vice -Chairman A. Grover Fletc',er - Aye Commissioner Patrick B. Lyons - Aye Commissioner William C. Wodtke, Jr.- Aye Commissioner Dick Bird - Aye The Chairman thereupon declared the resolution duly passed and adopted this 1st day of September, 1982. Attest "9t4 FREDA WRIGHT, Clgkk APPROVED AS TO FORM AND LEG SUFF'IEN Y By Y . BRANDENBURG C n y Attorney BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA BY DON SCURLOCK, JR. Chairman -4- dli ! NOTICE OF BOND REFERENDUM IN INDIAN RIVER COUNTY, FLORIDA, ON NOVEMBER 2, 1982 NOTICE IS HEREBY GIVEN THAT A BOND REFERENDUM will be held on the 2nd day of November, 1982, in the Indian River County, Florida, for the purpose of determining whether or not bonds of the County shall be issued in an aggregate principal amount of not exceeding $5,000,000, bearing interest at such rate or rates not exceeding the maximum legal rate at the time of the sale thereof, maturing serially in annual installments over a period not to exceed thirty (30) years from the date of the bonds, for the purpose of financing the cost of acquiring beachfront land on the Atlantic Ocean in the County for recreational purposes, all as more specifically described and provided in the resolution of. the Board of County Commissioners adopted on tue lst day of September, 1982. The places of voting in the bond referendum shall be the same places of voting, in the general election to be held in the County on the same date. The polls will be open at the voting places on the date of said bond election from 7:00 A.M. until 7:00 P.M. on the same day, all as provided in said resolution adopted on September 1, 1982, and published in full below as part of this Notice. All qualified electors residing within the County shall be entitled, qualified and permitted to vote at such bend referendum. ATTEST: FEZEDA WRIGHT, Cl"k COUNTY OF INDIAN RIVER, FLORIDA By DON C. SCURLOCK, JR. Chairman Board of County Commissioners Appro,jed iA to form and Ieyaffi'5140114 Brandenburg Atiorney