CITY COUNCIL PREPARES FOR OPTION TO REMOVE MARCH 10TH REFERENDUM VOTE
THE COUNCIL RECENTLY CHANGED THE CONTRACT TO INCLUDE A POSSIBILITY FOR "FAILURE OF THE REFERENDUM TO OCCUR," IN WHICH CASE THE JAN 20TH CONTRACT WITH DEVELOPER WOULD STILL BE BINDING
The City Council is planning to sign a contract with the developer on January 20th, prior to the March 10th voter referendum, and they've recently modified that contract to include language about what would happen in a scenario where a March 10th referendum does not occur.
On September 9th the City Council promised to voters that the project would be voted on by the citizens at a referendum.
The City Council has now crafted a new contract that discusses a scenario of the "Failure of the Referendum to occur." This new contract states that in the absence of the March 10th referendum, the January 20th contract that they plan to sign would still be effective and binding.
The prior version of the contract did bind the project to the March 10th referendum, but now they've made changes so that is no longer the case.
THE NEW CONTRACT BELOW, TO BE SIGNED BY THE COUNCIL ON JAN 20TH, STATES THE "FAILURE OF THE REFERENDUM TO OCCUR" SHALL NOT BE DEEMED A REJECTION BY THE VOTERS AND SHALL HAVE NO EFFECT ON THE EFFECTIVENESS OF THE AGREEMENT.
NEW VERSION
THE PRIOR VERSION WHICH DID BIND THE CONTRACT TO THE MARCH 10TH VOTE HAS BEEN MODIFIED TO OPEN THE POSSIBILITY THAT THERE WON'T BE A REFERENDUM
OLD VERSION
In addition, the title of Section 23.24 of the contract was changed from "Effectiveness Contingent Upon Voter Approval" to simply "Voter Referendum." This illuminates what the change did, which was to no longer make the effectiveness of the contract contingent upon voter approval.
Voters no longer have to approve the contract for it to be valid, as it was framed in the prior version. The contract is valid as it stands once passed on January 20th by the Council. Only a rejection by the voters can invalidate it, and the new contract reframes the section as "rejection" as opposed to "approval," as it was before. The reason for this is that if no vote is held to reject the contract by the voters--now a very real possibility--then the contract still stands and is effective and binding.
There is no reason the City Council should sign any agreement with the developer prior to the March 10 Vote after the people have decided on it.
The City Council is entering into a binding contract with the developer that is not contingent on the March vote happening, despite promising on September 9th to put the project to a referendum.
The City is opening itself up to litigation from the developer and should only sign a contract after March 10th if the project were to be approved.
These Council Members do not respect the tenets of democracy or the will of the people. They do not represent us. They will go to any length to subvert the will of the people.
PLEASE WRITE THE LETTER BELOW TO THE CITY COUNCIL
Do not approve Ordinance 5769 or sign any contract with Boca Raton City Center LLC prior to the Referendum vote on March 10th because that would be contrary to your promise to the citizens on September 9th that the Boca Raton City Center LLC project would be subject to voter approval on a referendum question. The contract in the Agenda has been changed and now states that if the referendum does not occur that it “shall have no effect on the effectiveness of this Agreement” and that the failure of the referendum to occur “shall not be deemed a rejection” by the voters contrary to your promise on September 9th to the people as their elected representatives that the project would be decided by a vote of the people at a March 10th referendum. To approve the contract and this language is premature, and neglects your duty to live up to your prior promises and assurances to the voters as citizens of Boca Raton concerning the use of public property that is actually owned by the citizens of Boca Raton. You should not, and cannot, without neglecting your duty to live up to your promise to the voters, approve Ordinance 5769 or sign any agreements concerning the Boca Raton City Center LLC project prior to the Referendum Vote that was previously promised by the City at the March 10th Referendum. Signing this contract prior to March 10th is contrary to the prior assurances, neglects your duty to live up to the promises you gave the voters as citizens of the City regarding city property, and constitutes misfeasance (a lawful action that is performed improperly or negligently where your actions are conducted in a harmful or negligent manner) . If the contract is signed your constituents will be harmed, and will act accordingly.