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HomeMy WebLinkAboutDocumentation_Regular_Tab 15_12/13/2018 � a �. � : � D�vls � ��� ' ASI--ITON �.�. � Keith W. Davis, Esq. Roridn Bar Bonrd Certified Attorne� City,Conr�ty n�rA Loca1 Goz�ernment Lnzu EmaiL keith@davisashtonlaw.com December 4, 2018 MEMORANDUM To: Mayor Brennan; Vice Mayor Paterno; Council Members Arena, Brandon and Johnson Cc: Acting Manager Weinand, Clerk McWilliams Fr: Attorney Davis Re: Ordinance Providing for Referendum Regarding New Community Center. The following describes in detail the above referenced agenda item: As discussed at the recent December 3, 2018 Council Workshop meeting, the attached ordinance creates a ballot summary and question for the March, 2019 municipal election regarding the design and construction of a new community center at 483 Seabrook Road. As written, the estimated cost is explained to be approximately $5,000,000.00 which could be exceeded with approval of the Village Council. The ordinance must be fully adopted and sent to the county supervisor of elections no later than January 11, 2019 in order to be placed on the March, 2019 municipal election ballot. 701 Nortlipoirit Pnrkzuay, Suite 205, West Pnlnl Bencli, FL 33407 � p 561-586-7116 � f 561-586-9611 urun��.dnvisnshtonlaw.corn ♦LEADING EXPERTS IN LOCAL GOVEIZNMENT LA W AND ETHICS ♦ ORDINANCE NO. 22-18 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, APPROVING A PROPOSED VILLAGE INITIATED REFERENDUM QUESTION ON THE ISSUE OF WHETHER THE VILLAGE COUNCIL SHOULD APPROVE THE FULL DESIGN, FUNDING, AND CONSTRUCTION OF A NEW COMMUNITY CENTER ON THE VACANT VILLAGE OWNED LOT AT 483 SEABROOK ROAD; FURTHER PROVIDING A BALLOT TITLE AND A BALLOT SUMMARY IN ACCORDANCE WITH THE REQUIREMENTS OF FLORIDA LAW; PROVIDING FOR THE PROPOSED REFERENDUM QUESTION LANGUAGE; AND PUTTING SAID REFERENDUM QUESTION TO A VOTE OF THE ELECTORS OF THE VILLAGE AT THE MARCH 12, 2019 MUNICIPAL ELECTION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the Village of Tequesta owns vacant land at 483 Seabrook Road; and WHEREAS, the Village Council is contemplating the design and construction of a new Village of Tequesta Community Center to be located on said vacant land; and WHEREAS, the complete design and construction of a new community center is estimated to cost approximately five million dollars, but could exceed that amount; and WHEREAS, prior to committing the Village's financial resources for the complete design and construction of a new community center, the Village Council desires to determine the opinion of the residents of Tequesta regarding the creation of a new community center at 483 Seabrook Road; and WHEREAS, the question to be placed before the Village Electors is whether the Village Council should approve the completion of the design and the construction of a new Village of Tequesta Community Center at 483 Seabrook Road, and commit Village of Tequesta financial resources for same; and WHEREAS, the next municipal election to be held within the Village is March 12, 2019; and WHEREAS, the deadline for submission of ballot titles and summaries to the Palm Beach County Supervisor of Elections Office for the March 12, 2019 municipal election is January 11, 2019; and WHEREAS, the Village Council desires to provide the Palm Beach County Supervisor of Elections Office with a legally sufficient ballot title and summary as set forth in this ordinance within the deadline for placement on the March 12, 2019, municipal election. 1 NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, THAT: Section 1: The above recitals are true and accurate, and are incorporated herein. Section 2: The Village Council hereby directs that the following ballot title and ballot summary shall be put to a vote of the Village Electors at the March 12, 2019 municipal election: "APPROVAL TO DESIGN AND CONSTRUCT A NEW COMMUNITY CENTER AT 483 SEABROOK ROAD." "SHOULD THE VILLAGE OF TEQUESTA DESIGN AND CONSTRUCT A NEW COMMUNITY CENTER ON THE VACANT VILLAGE OWNED LAND AT 483 SEABROOK ROAD; WITH AN ESTIMATED COST FOR SUCH DESIGN AND CONSTRUCTION OF APPROXIMATELY FIVE MILLION DOLLARS, WHICH AMOUNT COULD BE EXCEEDED WITH APPROVAL OF THE VILLAGE COUNCIL?" YES NO Section 3: In the event that a majority of Village electors vote in favor of the referendum question, then the Village Council may proceed with approving the design and construction of a new community center and funding same. It is understood that the Five Million Dollar ($5,000,000.00) estimate may be exceeded at the discretion of the Village Council. In the event that a majority of Village electors vote in opposition of the referendum question, then the Village Council would not proceed with design or construction of a new community center. Section 4: The Village Clerk is hereby directed to provide a certified copy of this Ordinance to the Palm Beach County Supervisor of Elections immediately, but in no event any later than Noon of January 11, 2019. Section 5: This Ordinance shall take effect immediately upon adoption. 2