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City of Palm Bay, Florida
Notice of Municipal Election

Notice is hereby given that the City of Palm Bay, Florida, under its municipal charter, will hold a municipal election on Tuesday, November 6, 2018, from 7:00 a.m. to 7:00 p.m., in the City of Palm Bay, at which time there are to be elected the following officers to serve for the term specified:

Two (2) councilmembers (Seat 4 and Seat 5), to serve from November 2018 to November 2022.

Terese M. Jones, CMC
City Clerk

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CITY OF PALM BAY, FLORIDA
NOTICE OF PUBLIC HEARING

Notice is hereby given that the City Council of the City of Palm Bay, Florida, will hold a public hearing for the purpose of enacting Ordinance Nos. 2018-28, 2018-48 and 2018-49 at City Hall, 120 Malabar Road, SE, Palm Bay, on August 18, 2018, at 7:00 P.M., titled as shown:

ORDINANCE NO. 2018-28

AN ORDINANCE OF THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, AMENDING THE CODE OF ORDINANCES, TITLE XVII, LAND DEVELOPMENT CODE, CHAPTER 183, COMPREHENSIVE PLAN REGULATIONS, SECTION 183.01, COMPREHENSIVE PLAN, SUBSECTION (D), ADOPTION OF FUTURE LAND USE MAP, BY AMENDING FUTURE LAND USE MAP SERIES NO. 2; PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR AN EFFECTIVE DATE.

ORDINANCE NO. 2018-48

AN ORDINANCE OF THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, VACATING AND ABANDONING A PORTION OF THE REAR TWENTY (20) FOOT PUBLIC UTILITY AND DRAINAGE EASEMENT, LOCATED WITHIN LOT 14, BLOCK 270, PORT MALABAR UNIT 8, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 14, PAGE 149, OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA, AND LEGALLY DESCRIBED HEREIN; PROVIDING FOR AN EFFECTIVE DATE.

ORDINANCE NO. 2018-49

AN ORDINANCE OF THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, VACATING AND ABANDONING A PORTION OF THE REAR TWENTY (20) FOOT PUBLIC UTILITY AND DRAINAGE EASEMENT, LOCATED WITHIN LOT 23, BLOCK 854, PORT MALABAR UNIT 17, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 15, PAGE 103, OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA, AND LEGALLY DESCRIBED HEREIN; PROVIDING FOR AN EFFECTIVE DATE.

Interested parties may appear at the meeting and be heard with respect to the proposed ordinance(s).  The ordinance draft(s) may be inspected by the public from 8:30 A.M. to 5:00 P.M., weekdays, in the Office of the City Clerk, City Hall, 120 Malabar Road, SE, Palm Bay, Florida.

If an individual decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, a record of the proceedings will be required and the individual will need to ensure that a verbatim transcript of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based (FS 286.0105).  Such person must provide a method for recording the proceedings verbatim.

Terese M. Jones, CMC
City Clerk

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City of Palm Bay, Florida
Notice of Municipal Election

Notice is hereby given that the City of Palm Bay, Florida, under its municipal charter, will submit to the electorate the following referendum issue to be voted upon at its municipal election to be held on Tuesday, November 6, 2018:

Economic Development Ad Valorem Tax Exemptions

Shall the City of Palm Bay, Florida, be authorized to continue to grant, pursuant to Section 3, Article VII, of the State Constitution, property tax exemptions to new businesses and expansions of existing businesses for the purpose of encouraging job creation?

Yes _____                   No _____

For additional information, contact the Office of the City Clerk at 321-952-3414 or terese.jones@pbfl.org.

Terese M. Jones, CMC
City Clerk

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NOTICE OF GENERAL OBLIGATION BOND REFERENDUM
FOR CONSTRUCTION AND IMPROVEMENT OF ROADWAYS
TO BE HELD ON TUESDAY, NOVEMBER 6, 2018

CITY OF PALM BAY, FLORIDA

 As provided by Resolution No. 2018-33 of the City Council,
as governing body of the City of Palm Bay, Florida, adopted on
August 14, 2018

Notice is hereby given that a bond referendum election of the qualified electors residing in the City of Palm Bay, Florida, is hereby called to be held during the general election on November 6, 2018, to determine whether or not the issuance of General Obligation Bonds in an aggregate principal amount not exceeding One Hundred Fifty Million Dollars ($150,000,000), payable from ad valorem taxes levied on all taxable property in the City of Palm Bay, shall be approved by such qualified electors to finance the cost of the construction and improvement of roadways located within the City.

Such General Obligation Bonds may be issued in one or more series and shall be payable from ad valorem taxes levied on all taxable property in the City, maturing in each case not later than twenty (20) years.  Such Bonds shall bear interest at such rate or rates not exceeding the maximum rate permitted by law at the time of the sale of the Bonds.  The denominations of such bonds, the place of payment of the principal and interest, and any other terms required under City ordinances, the City charter or as otherwise required by law shall be as determined by subsequent proceedings of the City Council, all in the manner provided in Resolution No. 2018-33 of the City Council of the City of Palm Bay, Florida, adopted August 14, 2018, and published below in full as part of this notice:

RESOLUTION NO. 2018-33

A RESOLUTION OF THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, CALLING A BOND REFERENDUM ON THE NOVEMBER 6, 2018 GENERAL ELECTION BALLOT FOR THE ISSUANCE OF GENERAL OBLIGATION BONDS FOR ROAD IMPROVEMENT PROJECTS IN AN AMOUNT NOT TO EXCEED $150,000,000; PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the City of Palm Bay, Florida (the "City") maintains roadways for the benefit of citizens of the City, and

WHEREAS, it is necessary and desirable for the City to take appropriate action in order to improve and maintain such roadways to keep them in safe and proper working condition, and

WHEREAS, the City Council of the City desires to submit to the qualified electors of the City the question as to whether or not General Obligation Bonds should be issued to fund the construction of improvements in connection with roadways within the City, and

WHEREAS, the City Council hereby determines that it serves a paramount public purpose to improve and maintain the City's roadways within the City and that it is in the best interest of the City to issue general obligation bonds to finance said improvements and maintenance.

NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, as follows:

SECTION 1.  Authority for this Resolution.  This Resolution is adopted pursuant to the Charter and Code of Ordinances of the City of Palm Bay, Chapter 166, Part II, Florida Statutes, as amended, Art. VII, Section 12, of the Florida Constitution and other applicable provisions of law.

SECTION 2.  Findings.  The City Council hereby finds and determines that the recitals set forth herein are true and correct and adopts the same as its findings and determinations.

SECTION 3.  Bond Referendum Election on Road Improvements.

a.         Bond Referendum Election.  A bond referendum election of the qualified electors residing in the City of Palm Bay is hereby called to be held during the general election on November 6, 2018, to determine whether or not the issuance of General Obligation Bonds in an aggregate principal amount not exceeding $150,000,000, payable from ad valorem taxes levied on all taxable property in the City of Palm Bay, shall be approved by such qualified electors to finance the cost of the construction and improvement of roadways located within the City.

b.         Such purposes described above shall also include other purposes appurtenant, necessary, or incidental thereto.

c.         All qualified electors residing in the City shall be entitled and permitted to vote in such bond referendum election.

d.         The polls will be open in accordance with law relating to general elections at the various voting places from seven (7) o'clock a.m. until seven (7) o'clock p.m. on the same day.

SECTION 4.  Authorization of Bonds.  Subject and pursuant to the provisions hereof, General Obligation Bonds of the City of Palm Bay, Florida are authorized to be issued in the aggregate principal amount of not exceeding $150,000,000 to finance the cost of the purposes generally described in Section 3 of this Resolution, including allocations for administrative costs, legal fees, fees of fiscal agents and all other costs associated with the issuance of the Bonds.  Such General Obligation Bonds may be issued in one or more series and shall be payable from ad valorem taxes levied on all taxable property in the City, maturing in each case not later than twenty (20) years.  Such Bonds shall bear interest at such rate or rates not exceeding the maximum rate permitted by law at the time of the sale of the Bonds.  The denominations of such bonds, the place of payment of the principal and interest, and any other terms required under City ordinances, the City charter or as otherwise required by law shall be as determined by subsequent proceedings of the City Council.

SECTION 5.  Places of Voting.  The places of voting and the inspectors and clerks for the polling places for the bond election shall be the same places and persons as for the general election to be held on the same date.

SECTION 6.  Official Ballot.  The form of ballot to be used shall be in substantially the following form:

OFFICIAL BALLOT
CITY OF PALM BAY, FLORIDA
BOND REFERENDUM ELECTION- NOVEMBER 6, 2018

BONDS FOR ROAD IMPROVEMENT PROJECTS IN PALM BAY

Shall the City be authorized to issue general obligation bonds for the exclusive purpose of improving local roadways and ancillary facilities and eliminating potholes in an amount not to exceed $150,000,000, payable from annual ad valorem taxes maturing not later than twenty years from the date of each issuance and bearing interest at a rate not exceeding the maximum legal rate, with all expenditures reviewed by a citizens advisory committee?

For bonds     _____                    Against bonds     _____

SECTION 7.  Absentee Voting.  The form of ballot to be used in the election for absentee voters shall be substantially the form provided in Section 6 above.

SECTION 8.  Printing of Ballots.  The Supervisor of Elections of Brevard 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 bond election and shall also have printed sample ballots and deliver them to the inspectors and clerks on or before the date and time for the opening of the polls for such bond election for the voting places; and, further, is authorized and directed to make appropriate arrangements for the conduct of the election at the polling places specified.

SECTION 9.  Election Procedure.  The Supervisor of Elections shall hold, administer and conduct the bond referendum election in the manner prescribed by law for holding elections in Brevard County.  Returns shall show the number of qualified electors who voted in such bond election on the proposition and the number of votes cast respectively for and against approval of the proposition.  The returns shall be canvassed and certified in accordance with law.

SECTION 10.  Election Results.  If a majority of the votes cast at such election in respect to the aforestated proposition shall be "For Bonds," such proposition shall be approved and then the particular Bonds, the issuance of which shall be thereby approved, shall be issued as hereafter provided by the City.  If less than a majority of the votes cast at such referendum shall be "For Bonds," such proposition shall be defeated and no Bonds may be issued and no ad valorem tax shall be levied therefor.  The election results shall be recorded in the minutes of the applicable City Council meeting.  The results shall include a separate finding as to the total number of votes cast in the referendum, both in favor and against the approval of the bonds.

SECTION 11.  Notice of Bond Referendum Election.  Notice of the bond referendum election shall be published in the manner required by law.

SECTION 12.  Severability.  In the event that any word, phrase, clause, sentence, or paragraph hereof shall be held invalid by any court of competent jurisdiction, such holding shall not affect any other word, clause, phrase, sentence, or paragraph hereof.

SECTION 13.  Effective Date.  This Resolution shall take effect immediately upon the enactment date.  The City Clerk shall provide the Supervisor of Elections with a certified copy of this Resolution.

The passage of this Resolution was moved by Mr. Anderson, seconded by Mr. Santiago, and upon being put to a vote, the vote was as follows:

Mayor William Capote                            Yea
Deputy Mayor Tres Holton                    Yea
Councilman Harry Santiago, Jr.            Yea
Councilman Jeff Bailey                            Nay
Councilman Brian Anderson                  Yea

This Resolution was duly enacted at Meeting 2018-19, of the City Council of the City of Palm Bay, Brevard County, Florida, held on August 14, 2018.

The referendum language and an explanatory statement is available for inspection on the City’s website at www.palmbayflorida.org.

For additional information, contact the Office of the City Clerk at 321-952-3414 or terese.jones@pbfl.org.

Terese M. Jones, CMC
City Clerk

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