HomeMy WebLinkAboutR-2008-080 Requisite Ballot-Boisey Waiters RESOLUTION NO. 2008-080
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, CALLING
FOR AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2008 ON
THE PROPOSED SALE OF CITY PROPERTY KNOWN AS THE BOISEY-
WAITERS PROPERTY (CONSISTING OF TWO SEPARATE BUT RELATED
PARCELS OF LAND LOCATED ON THE SOUTH SIDE OF STIRLING
ROAD ON BOTH THE EAST AND WEST SIDES, RESPECTIVELY, OF THE
C-10 CANAL IN THE CITY OF DANIA BEACH); PROVIDING FOR
SUBMISSION TO THE ELECTORS FOR APPROVAL OR DISAPPROVAL
OF THE QUESTION OF WHETHER OR NOT THE CITY MAY SELL THE
PROPERTY; PROVIDING FOR REQUISITE BALLOT LANGUAGE,
PROCEDURES FOR BALLOTING AND NOTICE; PROVIDING FOR
RELATED MATTERS; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Part XII, Article 3, Section 1 of the City Charter, the City
Commission has directed the final drafting and preparation of a question for submission to the
electors of the City relating to the sale of property known as the Boisey-Waiters property
(consisting of two separate but related parcels of land located on the south side of Stirling Road
on both the east and west sides, respectively, of the C-10 canal in the City of Dania Beach); and
WHEREAS, the City Commission desires to submit the question to the electors of the
City, as required by the City Charter;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA, AS FOLLOWS:
Section 1. Election Called. That an election is called for Tuesday, November 4,
2008, to present to the electors of the City of Dania Beach (the "City") the ballot question
provided in Section 4 of this Resolution.
Section 2. Vote At Polls. That balloting shall be conducted between the hours of
7:00 a.m. and 7:00 p.m. at the regular polling places for City elections or as otherwise provided
by the Broward County Supervisor of Elections in accordance with applicable law. All qualified
electors residing within the City who are timely registered shall be entitled to vote. Early voting
may be provided as authorized by law.
Section 3. Notice. a) That notice of the election shall be published in accordance
with Section 100.342, Florida Statutes, in a newspaper of general circulation within the City at
least thirty (30) days prior to the election, the first publication to be in the fifth week prior to the
election, and the second publication to be in the third week prior to the election, and shall be in
substantially the following form:
"NOTICE OF ELECTION"
PUBLIC NOTICE IS GIVEN THAT PURSUANT TO AN
ENABLING RESOLUTION DULY ADOPTED BY THE CITY
COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA
(THE "CITY"), AN ELECTION HAS BEEN CALLED AND
ORDERED TO BE HELD WITHIN THE CITY ON TUESDAY,
NOVEMBER 4, 2008, BETWEEN THE HOURS OF 7:00 AM
AND 7:00 PM, AT WHICH TIME THE FOLLOWING
QUESTION SHALL BE SUBMITTED TO THE QUALIFIED
ELECTORS OF THE CITY.
There is one (1) question referred to by the following ballot title:
1. Proposed Sale of Boisey-Waiters Property
The City Commission proposes to sell the City property known as the
Boisey-Waiters property (consisting of two separate but related parcels
of land located on the south side of Stirling Road on both the east and
west sides, respectively, of the C-10 canal in the City of Dania Beach),
which property was appraised and has an appraised value of
$814,000.00.
Shall the property sale be permitted?
Yes [ ]
No [ ]
Polling place information, as well as the full text of the enabling
resolution for this election, are available at the Office of the City
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Clerk, located at 100 West Dania Beach Boulevard, Dania Beach,
FL 33004.
Contact: Louise Stilson, City Clerk.
b) The City Clerk may combine this Notice of Election with other Notices of Election for any
other Charter amendments, ballot questions or both.
Section 4. That the form of ballot for the question shall be as follows:
1. PROPOSED SALE OF BOISEY-WAITERS PROPERTY
The City Commission proposes to sell the City property known as the
Boisey-Waiters property (consisting of two separate but related parcels
of land located on the south side of Stirling Road on both the east and
west sides, respectively, of the C-10 canal in the City of Dania Beach),
which property was appraised and has an appraised value of
$814,000.00.
Shall the property sale be permitted?
Yes [ ]
No [ ]
Section 5. Registration. That the County registration books shall remain open at the
office of the Broward County Supervisor of Elections until October 6, 2008, at which date the
registration books shall close in accordance with the provisions of the general election laws.
Section 6. Implementation. That the City Clerk, with any necessary assistance and
services from the Broward County Supervisor of Elections, is authorized to take all appropriate
actions necessary to carry into effect and accomplish the provisions of this Resolution.
Section 7. Procedure; Returns. That the election returns shall be canvassed by the
Broward County Canvassing Board as required by law.
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Section 8. Copies Available. That copies of this Resolution are on file in the office
of the City Clerk located at 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, and
are available for public inspection during regular business hours.
Section 9. Result of Balloting. That if a majority of the qualified electors voting on
the question vote "yes", the City Commission shall be authorized to sell the property as provided
by the City Charter.
Section 10. Effective Date. That this Resolution shall become effective immediately
upon adoption.
PASSED AND ADOPTED on May 13, 2008.
ALBERT C. JONES
MAYOR—COMMISSIO R
ATTEST:
LOUISE STILSON, CMC
CITY CLERK
APPROVED AS TO F tM AID CORRECTNESS:
BY: -
THOMAS IJ. RO
CITY ATTORNEY
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