HomeMy WebLinkAboutO-10390J-88�181
2/27188
ORDINANCt NO. 103tA]
AN tME?kftNCY ORDINANCE Or THt CITY Or MIAMt r.
rt,BRIDA, A 4tN-DING o"INANGE No. 10272 i ADOPTSb
ON MAY 14, 1907; WHICH AUTHOR12ED THE ISSUANCE
Or GENERAL OhLtOATION Rtrt=TNO EON'DS, StftltS
19870 Or THE CITY Or MIAMI, rLORIDA, IN AN AC-
OREOATE PRINCIPAL AMOUNT NOT 1 TO LXCEEn
$40, dbO, OOO; MORS VARTtCULARLY AMLNDIt G SEC-
t16NS 2, 13, 14, and 19 Or SAID ORDINANCE NO,
10272, TO RtnErINE THE TERM "ORIOINAL
IUACHAS)RS"; ALSO RESTATING THE ELIG191LITY
CRITt LION FOR ` HE APPOINTMtNT OE THE ESCROW
AGENT AND BOND REGISTRAR; TURTHtR CLARIFYING
THE DEtEASANCE PROVISIONS CONTAINttb IN SAID
ORDINANCE NO. 10272, AND PROVIDING AN EFFEC-
TIVE DATE
BE IT ORDAINED aY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
SECTION 1. Authority. This Ordinance _is enacted
pursuant to the Charter of the City of Miami, but only to
the extent not inconsistent with and not repealed by the
provisions of section 186.021, Florida Statutes; Chapter
166., Florida Statutes; Sections 132.33--1.32.47, Florida
Statutes; the Constitution of the State of Florida, includ-
ing, but not Limited to, Article VII, Section 2, thereof;
and other applicable provisions of law.
SECTION 2. Findings and Determinations. It is
hereby ascertained, determined and declared that:
A. On May 14, 1987, The City of Miami,
Florida (the "City") enacted Ordinance No, 10272
(the "May Ordinance"), authorizing the issuance of
not to exceed $40,000,000 in aggregate principal
amount of General Obligation Refunding Bonds,
Series 1987, of The City of Miami, Florida (the
"Bonds").
8. The May Ordinance included certain errors
and incorrect references therein which the City now
desires to correct.
C. The market for securities such an the
Bonds has been fluctuating to a substantial extent,
and it in necessary that the City be in a position .
to market the Bonds very quickly. An emergency ex-
ists with respect to the adoption of thin Ordinance
in that, in order to take advantage of existing
market conditions, It is necessary that the City of
Miami correct the May Ordinance and the immediate
enactment. of this Ordinance is necessary to accom-
pliah that, -The City Commission of the City of
Miami., by adoption of this Ordinance by at least a
four-fiftho vote, hereby waives all notice require-
Monte for the regular enactment of municipal
ordinances.
pe This ordinance to hereby declarod to be
an emergency moApure on thm ground* of urgent pu-
laiic nood for the preservation of peace, healtZI,
astety and the property of the City of MjAm;L,
10390
a.`
,1-88-281
2/I7/88
O"INANCE NO '
AN t t't httNCY OPZINANdt or Tnt CITY Or MIAMI,
rtolktnA, AMthZINO ORDINANCE No. .10272, ADOPTED
ON MAY 14, 1967 # WHICH AUTHORI ZEO THE I SSUANCE
Or CtrNERAL OBLIGATION RtrU TNO tONDS, SZRIES
1987, OE lHE CITY Ot MIAMI, FLORIDA, IN AN AO-
oYttdhtt PRINCIPAL, AMOUNT NOT TO EXCEED
$40 # 000 , 000; MOA]t , PARTICULARLY &MENDING SEC-
TItHS 2, 13, 14, and 19 or SAID ORDINANCE NO.
10272, TO R DE£INL TRZ TERM "ORIGINAL,
?UlktiASERS"; ALSO RESTATING THE ELIGIBILITY
Chi ttATON FOR THE APPO%NTMENT Or THt ESCROW
AdENT AND BOND REGISTRAR; FURTHtR CLARIFYING
THE DLFLASANCL PROVISIONS CONTAINED IN SAID
ORDINANCE NO. 10272, AND PROVIDING AN EFFEC-
TIVE DATA:.
BE IT ORDAINED BY TIM COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
-
SECTION 1. Authority. This Ordinance 1s enacted
pursuant to'the Charter of the City of Miami, but only to
the extent not inconsistent with and not repealed by the
provisions of Section 186.021, Florida Statutes; Chapter
166, Florida Statutes; Sections 132.33--132.47, Florida
Statutes; the Constitution of the state of Florida, includ-
ing, but not limited to, Article VII, Section 2, thereof;
and other applicable provisions of law.
SECTION 2. Findings and Determinations. It is
hereby ascertained, determined and declared that;
A. On May 14, 1987., The City of Miami,
Florida .(the "City") enacted ordinance No. 10272
(the "May Ordinance"), authorizing the issuance of
not to exceed $40,000,000 in aggregate principal
amount of General Obligation Refunding Bonds,
Series 1987, of The City of Miami, Florida (the
"Dondo") .
B. The May ordinance included certain errors
and incorrect references therein which the City now
desires to correct.
C. The market £or securities such as the
Sonde has been fluctuating to a substantial extent,
and it is necessary that the City be in,a position
to market the Bonds very quickly, An emergency ex-
ists with respect to the adoption of this Ordinance
in that, in'order to take advantage of existing
market conditions, it is necessary that the City of
Miami correct the May ordinance and the immediate
enactment of this ordinance in neceeeary to accom-
plish that. The City Commission of the City of
Miami, byy,adoption of this ordinance by at least a
four -fifths vote, hereby waives all notice require-
Monza for the regular enactment of municipal
ar�iinwnc�ep ,
Pe This Ordinance to neroby declared to be
an amorgency+ mcavurc on the grounds of urgent pu-
bl c need XQr the preservation of peed, health,
safety end the property or the City of MjAms.
190
ttCTION 5. Amendment of MAY OrdSnehc.e. The May
Otdiiiarice is hereby amended as fol loWb r
A. the definition of "Original Purehaser11
contained, in Section 2 of the May Ordinance is
deleted in its entirety and the fallowing it in-
serted in lieu thereof:
"Original Purchaser" means Bear,
Stearns & Co., Inc. as senior underwriter
and a management team headed by ghearson
Lehman Hutton as co"manager.
B. Section 13 of the May Ordinance is
deleted in its entirety and the following is in-
berted in lieu thereof:
SECTION 13. Approval of Form_ or
Escrovi Deposit Agreement; Authorization►
of Appointment of Escrow A ent. The form
of the Escrow Deposit Agreement attached
hereto as Exhibit "B" is hereby approved,
subject to such changes, insertions and
omissions and filling of blanks therein
as may I)e approved and made in such form
of Escrow Deposit Agreement by the ofti-
cers of the Issuer executing the same, in
a manner consistent with the provisions
of this Ordnance, much execution to be
conclusive evidence of such approval.
The City Manager is hereby authorized and
directed to appoint, an Escrow Agent to
act under the terms of the Escrow Deposit
Agreement prior to the issuance of the
Series 1987 Bonds, and the Mayor or City
Manager and the Clerk are hereby
authorized to execute the Escrow Deposit
Agreement on behalf of the Issuer with
the Escrow Agent. Upon appointment of
the Escrow Agent by the City Manager, the
Mayor or city Manager is hereby
authorized and directed to notify the
Escrow Agent of its appointment an such
prior to the issuance of the Series 1987
Bonds. In all events, the City Manager
shall appoint a bank an Escrow Agent that
has previously participated as a lender
in City -sponsored or -.City -co -sponsored
projects.
C. Section 14 of the May Ordinance is hereby
deleted in its entirety and the following is in-
serted in 11eu thereof;
SECTION 14. Authorization of
Registrar, The City Managerr ld nerepy
authorized and directed to appoint an in-
ltlal Paying Agent and initial Bond
Registrar (which can be the same entity)
fox the Series 19s7 Bonds prior to the
issuance of the Series 1987 sonde. The
Mayor or the City Manager and the Clerk
are hereby Authorized to oxecute an
agreement or 69rcemetits for and on behalf
of the i seu+er with the raying AciQnt and
the 5ond Registrar app9tnted by the City
Manager hereunder in connection with such
eet'vices. III all evetltn, the City
Manager shall appoint a bank Or bAnks AS
payinq Agent and 8ohd Rogistlar that has
or hAve previously participated as a
lender or lenders in City -sponsored or
City -do —sponsored proltdta.
D. Section 19 of the May ordinance is hereby
deleted in its etltirety and the following is in-
serted in lieu thereof:
SECTION 19. Defoaaance eMd Aeloa e,
If, at any time after the date of is-
suance of the Series 1987 Bonds (a) all
Series 1987 SondB secured hereby or any
maturity thereof shall have become due
and payable in accordance with their
terms or otherwise as provided in this
Ordinance, or shall have been duly called
for redemption, or the Issuer gives the
Paying Agent irrevocable instructions
directing the payment of the principal
of, premium,` if any, and interest on such
Series 1987 Bonds at maturity or at any
earlier redemption date scheduled by the
Issuer, or any combination thereof,
(b) the full amount of the principal,
premium, if any, and the interest so duo
and payable upon all of such Series 1987
Bonds then Outstanding, at maturity or
upon redemption, shall be paid, or suffi-
cient moneys shall' be held by the Paying
Agent in irrevocabletrustfor the bene-
fit of such Bondholders (whether or not
in any accounts created hereby) which,
when invested in direct obligations of
the United States of Americamaturing not
later than the maturity or redemption
dates of such principal, premium, if any,
and interest, will, together with the in-
come realized on such investments, be
sufficient to pay all such principal,
premium, if any, and interest on said
Series 1987 Bonds at the maturity thereof
or the date upon which such Series 1987
Bonds are to be called for redemption
prior to maturity, and (c) provision
shall also be made for paying -all other
sums payable hereunder by the Issuer,
then and in that.case the right, title
And interest of Bondholders hereunder
shall thereupon cease, determine and
become void; otherwise, this Ordinance
shall be, continue and remain in full
force and effect. Notwithstanding any-
thing in this Section 19 to the contrary,
however, the obligations of the Issuer
under Section 10 hereof shall remain in
full force and effect until such time as
such obli.gatione are fully satisfied.
SECTION 4, Effective Date. Thip ordinance ahall
be effective immediately uI?on its idoptign.
KI
i
da oebruait`y�
PASSED ANI7 ADC�P't� C2t a 18;11�,
Xavier
meyor
(StAL)
ATTZST)`,� ,
r.. f
Matty Hirai.
,City Clerk
AFFRUVED/S TO £ORM AND CORRECTNESS:
LuC id A Dough tY,+
t~.1. 4
j'' Attorney
PREPARED AND APPROVED:
RO art. C1/ark,
Chief Deputy City Attorney
1, 'Matty litrai. C:Ic2-k of the C it}' of \li utti Florida.-
1tc1•cb}' cerrttifv tL ► on the ,� � _....tla� «f._ _.,� `_ wt��•
A. 0. 11) .1 ft:il. true au;l ct>p\ of tltc• above
„• •1 : rr; ;->i:tr :,r,?iEt.:aarc t�'a :posted itt the Soarlth Door
(_..q:rt !!-,Luca dw pla c provided
rnr o ;ticc•s and ,ti:,l,`i ;Iti rn ; it; a(t:lchi!1;1' S.:id e01W to
{its ;,L•tce prtr�'id:',I tilc•1-:'i�t��. _
\\'l t, hank1-yn l the ot+i:`int w;d of said)
'Gitj' lily .. _�i.11' of
A. !).
Q � � 10319
FIRE
El
MIAMI REVIEW
published Daily excetat Sah,rrUw swidar "vid
Legal Holidays
Miami, Daue County, Flanga.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Octelma V. Ferbeyre, who on oath says, that she is the
Supervisor of Legal Advertising of the Miami Review, a daily
(except Saturday, Sunday and Legal Holidays) newspaper,
published at Miami in Dade County, Florida; that the attached
copy of advertisement, being a Legal Advertisement of Notice
In the matter of
CITY OF MIAMI
ORDINANCE NO. 10.390
In the ....,_„X. .X... Court,
was published In said newspaper In the Issues of
March 9, 1988
Afflant further says that the said Miami Review is a
newspaper published at Miami in said Dade County, Florida,
and that the said newspaper has heretofore been continuously
published in. said Dade County, Florida, each day (except
Saturday, Sunday and Legal Holidays) and has been entered as
second class mall mallet at the post office in Miami in said
Dade County, Florida, for a period of one year next preceding
the first publication of the attached copy of advertisement; and
afflant further says that she has neither paid nor promised any
— oetrefijnd'rforptheopurposenofny ring t iseadvertisemenlstor
publ ati� in the said new r.
Sfv �Q aM4�;L Ika hed before me this
.9t.hdaje' •:Nita{r.c.h l-'
A.D. 19$
�4
Jaaom, he P , StaQ rLT Flor at Large
(SEAL) }• ••��
My Commisafa� akplies, June 2i,kj99�`'
MR 115
- •�`rrrrfl;lt�sictt;
CftV CE mlllmf
1yAbk CbUktV, F'Lbs0bA
LtdAL k6tict
All interested persons will take notice that on the i8th dray of Pabruam
1988, the City Commission of Miami, Florida, adopted the folloWlitg filled
ordinances:
001NANCE NO.10364
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO.
10269, ADOPTED MAY 14, 1987: CONCERNING THE SPECIAL
REVENUE FUND ENTITLED: "RECREATION PROGRAMS FOR
THE MENTALLY HANDICAPPEDICONSOLIDATED", BY iNCAtAS•
iNG THE APPROPRIATIONS TO SAID FUND BY $279,537 COM-
POSED OF $234.531 FROM THE STATE OF FLORIDA, DEPART.
MENT OF HEALTH AND REHABILITATIVE SERVICES AND $46,000
FROM FISCAL YEAR 1987.88 SPECIAL PROGRAMS AND ACCOUNTS,
MATCHING FUNDS FOR GRANTS, TO CONTINUE THE OPERA. j
TION OF THE AFOREMENTIONED GRANT PROGRAM; AUTHOR. I
iZING THE CITY MANAGER TO ACCEPT THE ADDITIONAL GRANT
AWARD AND TO ENTER INTO THE NECESSARY CONTRACTS)
ANWOR AGREEMENTS) TO ACCEPT THE ADDITIONAL GRANT.
AWARD; CONTAINING A REPEALER PROVISION AND A SEVER,
ABILITY CLAUSE.
ORDINANCE NO. 10385
AN ORDINANCE AMENDING SECTION 54.5.8OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, "PLATS, AND
PLATTING -PROCEDURE -FINAL PLAT", BY ADDING A NEW SUBSEC
j TION (e), "APPROVAL BY CiTY COMMISSION", PROVIDING A
I TIME LIMITATION FOR RECORDATION OF PLATS AFTER APPROVAL
BY THE CITY COMMISSION; PROVIDING FOR RECISION OF
4 APPROVAL OF PLATS BY THE CITY COMMISSION; PROVIDING
1 FOR AN EXTENSION OF THE TIME LIMITATION; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE,
ORDINANCE NO. 10386
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE 10289,
ADOPTED JUNE 25, 1987, BY INCREASING THE APPROPRIA•
TION TO THE SPECIAL REVENUE FUND ENTITLED; "NEIGH- l
BORHOODS JOBS PROGRAM (FY '88)"'BY $35,597, THEREBY
INCREASING THE APPROPRIATION FOR THE SPECIAL REVE-
NUE FUND ENTITLED; "NEIGHBORHOODS JOBS PROGRAM
(FY '88)" TO $517,197 FOR THE OPERATION OF THE NEIGH*
BORHOODS JOBS PROGRAM; FURTHER AUTHORIZING THE
CITY MANAGER TO ACCEPT THE GRANT AWARD FROM THE I
UNITED STATES DEPARTMENT OF LABOR AND TO ENTER INTO
THE NECESSARY CONTRACT(S) ANOIOR AGREEMENT(S) WITH
4 THE SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSOR-
71UM (SFETC) TO ACCEPT THE GRANTS; CONTAINING A REPEALER
PROVISION AND A SEVERABILiTY CLAUSE,
ORDINANCE NO. 10387
AN ORDINANCE AMENDING SECTION'31.48(I), OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,'TO PROVIDE
THAT INSURANCE COMPANIES WRITING ANY CLASS OF INSUR-
ANCE"UPON ANY PERSON INCORPORATED OR -UNINCORPO-
RATED BUSINESS ENTITY OR PROPERTY RESIDING OR LOCATED
WITHIN THE CiTY SHALL BE SUBJECT TO THE CITY'S OCCU-
PATIONAL LICENSE TAX; FURTHER SETTING FORTH THE RATE`
FOR SAID TAX; CONTAINING 'AREPEALER PROVISION AND A
SEVERABILITY CLAUSE.
ORDINANCE NO.'10388
AN ORDINANCE AMENDING THE MIAMI COMPREHENSIVE NEIGH• -
130RHOOD PLAN AND ADDENDA,(SEPTEMBER 1985); FOR PROP-
ERTY LOCATED AT APPROXIMATELY 2347 NORTHWEST.32ND
f PLACE AND 34 NORTHWEST 32ND COURT (MORE PARTICU•
LARLY DESCRIBED HEREIN) BY CHANGING DESIGNATION OF
THE SUBJECT PROPERTY FROM LOW _MODERATE DENSITY i
RESIDENTIAL TO MODERATE HIGH DENSITY RESIDENTIAL USE i
MAKING FINDINGS; CONTAINING -A REPEALER PROVISION AND
A SEVERABILITY CLAUSE. €
ORDINANCE NO. 10389
AN ORDINANCE AMENDING THE ZONING ATLASOF ORDINANCE
NO. 9500, THE ZONING, ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF I
APPROXIMATELY 23.47 NORTHWEST 32 PLACE, AND THE PROP-
ERTY LYING BETWEEN APPROXIMATELY 20 NORTHWEST 32
COURT AND 50 4NORTHWEST 32 NORTHWEST 32ND COURT,
MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN)
FROM RG-1i3 GENERAL RESIDENTIAL TO RG-3i6 GENERAL RES•
IDENTIAL BY ,MAKING FINDINGS, AND BY MAKING ALL THE
NECESSARY CHANGES ON PAGE NO, 33 OF SAID ZONING
ATLAS MADE A PART OF ORDINANCE NO,, 9500 BY REFER-
ENCE AND DESCRIPTION IN ARTICLE 3, SECTION 300, THERE-
OF; CONTAINING A REPEALER 'PROVISION AND A SEVERABIL•.
ITY CLAUSE.
ORDINANCE NO. 10390
AN EMERGENCY ORDINANCE OF THE CiTY OF MIAMI, FLORi•
DA, AMENDING ORDINANCE NO. 10272, ADOPTED,ON MAY 14,
1987, WHICH AUTHORIZED THE ISSUANCE OF GENERAL OBLI-
GATION REFUNDING BONDS, SERIES 1987, OF THE CITY OF
MIAMi FLORIDA, IN AN AGGREGATE PRINCIPAL,AMOUNT NOT
TO EXCEED $40,000,OW MORE PARTICULARLY AMENDING SFCr•.
TIONS 2, 13, 14 AND,19 OF SAID ORDINANCE NO, 10272;TO
REDEFINE THE TERM "ORIGINAL PURCHASERS'; ALSO RESTAT '.
ING THE ELIGIBILITY CRITERION FOR THE APPOINTMENT OF
THE ESCROW AGENT AND BOND REGISTRAR; FURTHER CLAR.
iFYiNOa THE DEFEASANCE PROVISIONS CONTAINED IN SAiD
ORDINANCE NO. 10272, AND PR
pVtpING AN EFFECTIVE DATE.
Said ordinances may be inspected by the public at the Office of the City,
Clerk , 3500 Pan American Drive, Miami, Florida, Monday Through Friday,
excluding holidays, Between the hours of 0:00 A.M. and 6:00 P.M,
MATTY HIRAI
CITY CLERK
1(w42a2)
h CITY OF MIAMi, FLORIDA
�. 8800926M
}
ct tr Or +, Ami. rL-.6Riba
1,4tt 4-OrPICt MtMORANbum
ATE
Honorable 4a jor and Members February 18, 1088
of the Cilty1 Commisgion
City Commission meeting
February 18, 10188
h rty 'EFEP.N ECE5 Agenda Items # 15 , #95 , q -# 5;S
Cif' AttOrne? #26 and � 52 ; Xbn-Agenda
Item amending Ord. 410272
The following information and material should be considered by
you in your deliberations at today's Meeting:
Bg_Pnda item _#15 (J-88-160) (Resolution entering into
an agreement with consultants for implementation of an
Employee Suggestion Program) This item as distributed
has been modified to reflect that the agreement with
Canon, Stierheim, Busutil Management Consultants shall
be for a period of one year instead of two years. The
modified agreement reflects that the maximum
compensation, in addition to a base fee of $11,500
shall be the sum of $38, 500 but not less than the sum
equal to 15% of the net savings or revenues generated
by any employee suggestions which the City ,implements.
NOTE: At the time the Consent Agenda is voted upon, if this Item
(415) is not removed from the Consent Agenda and considered
separately, there should be an announcement made by the Mayor
that Item #15 is being voted upon "as modified".
Agenda Item #25 (J-88-156) [Emergency Ordinance
amending City Code by increasing composition of
Downtown' Development Authority Board and changing
voting status of City Manager and County Manager] This
item as distributed has been modified to be.eonsistent
with the acceptable word processing format used for
amending ordinances.
Aienda item *26 (J-88-157) [Resolution appointing and
reappointing individuals to the Downtown Development
Authority Board] This item as distributed has been
modified to be consistent. with the acceptable word
processing format used for appointing, and reappointing
individuals to City Boards.'
1039Q
� w€�"'F,
Fm
:
Mayor acid m jftlers of February 1&,, 1988
the city cbttission Page 2
Adfitda._l�tdm _,#52 (J-88--i82) C1te8olut on autho iZing an
agr6o-merit to provide fire, regoue and inapeoti6ri
services for the Port of Miami Thig ite't ae
distributed contains redundant material in the pre&mble
to the resolution and the attached agreement. No
substantive changes were made in either the resolution
or proposed agreement.
Agenda item_# (J-88=177) CResolution authorizing a
grant ih support of a recreational and inf ormatiot
services programat Maximo, Gomez Park, to be operated
by Little Havana' Development Authority, ino.l This
item as distributed has been modified to reflect the
use of the word "project" instead of the word "purpose"
in connection with the allocation of monies for the
completion of the park project.
NON-AGE9DA ITEM.,(J-88-181)' Emergency Ordinance
No. 10272, adopted May 14, 1987, provided for the
authorization to issue General Obligation Refunding
Bonds not to exceed $40,000,000, previously issued in
connection with the City's Fire Fighting, Fire
Prevention anti_ Rescue Facilities Bonds, Police
Headquarters and Crime Prevention Facilities ,Bonds,
Storm Sewer Improvement Bonds, Sanitary Sewer Systems
Bonds and Streets and Highway Improvements Bonds. it
has been recommended by Bond Counsel and we have been
requester) by the Finance Director to present for your,
consideration the attached proposed emergency ordinance
to: correct language that identifies the "original
purchasers" of such authorized refunding bonds and to
clarify the defeasance provisions of the' refunding
bonds.
LAD:RFC:bss:P510
cc: Cesar H. Odic, City Manager
Matt' Hirai, City Clerk
Carlos Smith, Assistant City Manager
C. H. Duke, Chief, Fire, ,,Rescue and Inspection Services
Carlos E. Garcia, Finance Director
Peter Andolina, Downtown Development Authority
John C.'Copelan, Jr., Assistant City Attorney,