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HomeMy WebLinkAboutR-81-1020n t RESOLUTION NO, ._ � � �._�_� � 0 r A RESOLUTION PROVIDING FOR THE ISSUANCE OF NOT F EXCEEDING W 000,000 FIRE FIGHTING, FIRE PRE- VENTION AND RES= FACILITIES BONDS OF THE CITY OF MIAMI, FLORIDA E BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The Commission of the City of Miami (herein- after sometimes called the "City Commission") has found and determined and does hereby declare that: (a) on July 23, 1981, the City Commission duly passed and adopted Ordinance No. 9296 authorizing the issuance, subject to the election therein provided for, of not exceeding $21,000,000 principal amount of bonds of The City of Miami, Florida (herein called the "City"), for the purpose of paying the cost of fire fighting, fire prevention and rescue facilities, including the construction and reconstruction and improving of fire stations in the City of Miami, administration building, other structures, equipment, vehicles and communication systems related to the training, administration and operations of the Fire Department in the City of Miami and the acquisition of any necessary land and equipment related thereto; and said Ordinance provides for submitting, at the election held November 3, 1981, to the - qualified electors of the City authorized by law to participate in such election the question of whether such bonds should be issued; (b) on July 23, 1981, the City Commission duly passed and adopted Ordinance No. 9295 providing for the holding on November 3, 1981 of the bond election, authorized by said Ordinance No. 9296, to submit to the qualified electors of the City the Question of issuing said bons �f-- Cffy COMMISSION ' MEETING OF DEC I 0 A981 1 soumon 0&....81-1 20 the City in a principal amount not exceeding $2i,000,000. q I The City Coiyttnission on September 10, 1981 duly passed and adopted Resolution No. 81-776 declaring that it was the intention of the City Commission to adopt said Ordinance No. 9296 prior to the adoption of said Ordinance No. 9295, thus prescribing and ratifying the proper sequential order of the adoption of such ordinances; (c) notice of said bond election was duly published in the manner and for the time required by law, including the Charter hereinfafter mentioned, and inspectors and clerks of election were duly appointed and their names published as required by law; (d) said election was duly and properly conducted in accordance with law and said ordinances at the time and places appointed therefor, every qualified elector of the City was given the opportunity of voting for or against the issuance of said bonds and the returns thereof were duly and regularly certified; and (e) at a meeting duly held on November 11, 1981 the City Commission duly canvassed the returns of said bond election and caused the same to be recorded, and adopted Resolution No. 81-923 in which the City Commission found, determined and declared, among other things, that the issuance of not exceeding $21,000,000 principal amount of bonds of the City authorized by Ordinance No. 9296 was approved by the vote of a majority of the qualified electors of the City voting thereon. Section 2. For the purpose of paying the cost of fire fighting, fire prevention and rescue facilities, including the construction and reconstruction and improving 81-1020 e�'. of fire stations in the City, administration building, other structures, equipment, vehicles and communication systems related to the training, administration and operations of the Fire Department in the City and the acquisition of any necessary land and equipment related thereto as provided in said Ordinance, there shall be issued under the Constitution and laws of the State of Florida, including the Charter, as amended, of the City (Chapter 10847, Special Laws of Florida, 1925, as amended), bonds of the City in an aggregate principal amount not exceeding Twenty-one Million Dollars ($21,000,000), to be designated "Fire Fighting, Fire Prevention and Rescue Facilities Bonds" (hereinafter called the "bonds") and to consist of 4,200 bonds of the denomination of $5,000 each. Section 3. Said bonds shall be issued at one time or from time to time, shall be dated the 1st day of any calendar month and shall be sold as the City Commission shall here- after determine and shall mature in the years and in the principal amounts, respectively, as follows: YEARS AFTER PRINCIPAL YEARS AFTER PRINCIPAL DATE AMOUNT DATE AMOUNT 2 $350,000 11 $ 900,000 3 400,000 12 11000,000 4 450,000 13 11150,000 5 500,000 14 1,300,000 6 550,000 15 1,450,000 7 600,000 16 11600,000 8 700,000 17 11800,000 9 750,000 18 2,000,000 10 800,000 19 2,200,000 20 21500,000 All or any part of said bonds may be made redeemable prior to their respective maturities, at such times and prices and under such terms and conditions, as the City Commission shall determine by resolution prior to the sale of the bonds. 3. s 81-1020 „4 3 Said bonds shall bear interest, payable semi-annually, from the date or dates thereof at a rate or rates not exceeding the rate legally permitted, Both the principal of i and the interest on said bonds shall be payable at a bank or trust company in the Borough of Manhattan, City and State of New York, or, at the option of the holder or registered owner, at a bank or trust company in the City of Miami, Florida, in any coin or currency of the United States of America which, at the respective dates of payment thereof, is legal tender for the payment of public and private debts. Section 4. Said bonds shall be signed by the Mayor of the City by his facsimile signature and by the City Clerk, and a facsimile of the seal of the City shall be imprinted on the bonds. The interest coupons to be attached to said bonds shall be executed with the facsimile signature of the City Clerk. In case any officer whose signature or a facsimile of whose signature shall appear on any bonds or coupons shall cease to be such officer before the delivery of such bonds, such signature or such facsimile shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery, and any bond may bear the facsimile signature of, or may be signed by, such persons as at the actual time of the execution of such bond shall be the proper officers to execute such bond although at the date of such bond such persons may not have been such officers. Said bonds and coupons and the statement of validation and provisions for registration to be endorsed on the bonds shall be sub- stantially in the following forms: 4. r� 81-1024 No, United States of America State of Florida County of Dade THE CITY OF MIAMI FIRE FIGHTING, FIRE PREVENTION AND RESCUE FACILITIES BOND $5.000 The City of Miami, in the County of Dade, State of Florida, is justly indebted and for value received hereby promises to pay to the bearer or, if this bond be registered, to the registered owner hereof, on the 1st day of , , the principal sum of FIVE THOUSAND DOLLARS together with interest thereon from the date hereof at the rate of — percent ( %) per annum until payment of such principal sum, such interest to the maturity hereof being payable on the 1st day of and of in each year. Both the principal of this bond and, unless this bond be registered as to both principal and interest, the interest hereon are payable at in the Borough of Manhattan, City and State of New York, or at the option of the holder or registered owner, at , in the City of Miami, Florida, in any coin or currency of the United States of America which at the respective dates of payment thereof is legal tender for the payment of public and private debits. Payment of the interest on this bond to the maturity hereof shall be made only upon presentation and surrender of the coupons, if any, representing such interest as the same respectively 5. 81-1020 fall due; on if this bond be registered as to both principal and interest, payment of the interest on this bond on any interest payment date shall be made to the person appearing on the bond registration books of the City as the registered owner on the tenth (10th) day next preceding such interest payment date, such interest to be paid by check or draft in New York exchange mailed to the registered owner at his address as it appears on such registration books. For the prompt payment hereof and the interest hereon as the same shall fall due the full faith, credit and taxing power of The City of Miami are hereby irrevocably pledged. This bond is one of a duly authorized issue of bonds of The City of Miami issued under the authority of and in full compliance with the Constitution and laws of the State of Florida, including the Charter, as amended, of said City (Chapter 10847, Special Laws of Florida, 1925, as amended), and pursuant to ordinances and resolutions duly adopted by the City Commission of said City, for the purpose of paying the cost of fire fighting, fire prevention and rescue facilities, including the construction and reconstruction and improving of fire stations in the City of Miami, administration building, other structures, equipment, vehicles and communication systems related to the training, administration and operations of the Fire Department in the City of Miami and the acquisition of any necessary land and equipment related thereto. The bonds of this issue were duly approved by vote of a majority of the qualified electors of the City voting thereon. 6. 81 -1020 (Here insert redemption provisions, if any.) It is hereby certified and recited that all acts, conditions and things required by the Constitution and laws Of the State of Florida to happen, exist and be performed _ precedent to and in the issuance of this bond have happened, exist and have been performed in due time, form and manner i as so required; that the total indebtedness of the City of Miami, including this bond, does not exceed any constitu- tional or statutory limitation thereon; and that provision has been made for the levy and collection annually of an ad valorem tax upon all taxable property within said City, over and above all other taxes authorized to be levied by The City of Miami sufficient to pay the principal of and the interest on this bond as the same respectively shall become due and payable. This bond may be registered as to principal alone and also as to both principal and interest in accordance with the provisions endorsed hereon. IN WITNESS WHEREOF, The City of Miami has caused this bond to be signed by its Mayor by his facsimile signature and by its City Clerk, and a facsimile of its seal to be imprinted hereon, and the interest coupons attached hereto to be executed with the facsimile signature of said City Clerk, all as of the 1st day of [SEAL) THE CITY OF MIAMI 7. , 19 Facsimile Signature Mayor City Clerk 81-1020 AW (tndorsements upon Bonds) STATEMENT OF VALIDATION This bond is one of a series of bonds which were validated by judgment of the , rendered on r 19. - • PROVISIONS FOR REGISTRATION This bond may be registered as to principal in the Bond Register of the City of Miami by the Director of Finance of said City as Bond Registrar or by such other Bond Register as may be legally appointed by the governing body of said City, notation of such registry to be made hereon by such Bond Registrar, and this bond may thereafter be trans- ferred on said Bond Register only upon a written assignment It is hereby certified that at the request of the holder of the within bond for its conversion into a bond registered as to both principal and interest, the undersigned has this day cut off and cancelled all unmatured coupons attached thereto, being in number, numbered from to , inclusive, of the aggregate face value of $ , and that the within bond is hereby converted into a registered bond, the principal and interest of which are payable to the registered owner named in the registration NF N 81-1020 :i. W 4LI blank above or his legal representative. interest will be remitted by mail in New York exchange. Dated: , . Bond Registrar of the City of Miami (Form of Coupons) No. 1� On 1 , The City of Miami, in the County of Dade, State of Florida, will pay to bearer at , in the Borough of Manhattan? City and State of New York, or, at the option of the bearer, , in The City of Miami, Florida, upon the presentation and surrender hereof, the amount specified hereon in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts, as provided in and for the semi-annual interest then due upon its Fire Fighting, Fire Prevention and Rescue Facilities Bond, dated 1, 19_1 No. (if said bond is subject to redemption, here insert in coupons representing interest payable after the first date on which said bond may be redeemed the words "unless said bond shall have been called for previous redemption and provision made for the payment thereof"). 9. City Clerk s 8x -1020 6 + 1 Section S. Title to any bond and to the interest coupons thereto appertaining shall pass by delivery in the same manner as a negotiable instrument payable to bearer unless such bond is registered in the manner therein provided. The bonds shall be registrable as to principal alone and also as to both principal and interest in accordance with the terms and conditions provided in The Code of the City of Miami, Florida. No charge shall be made to any bondholder for such privilege of registration. Section 6. Said bonds shall be general obligations of The City of Miami, Florida, and, for the prompt payment of the principal of and the interest on said bonds as the same shall fall due, the full faith, credit and taxing power of The City of Miami are hereby irrevocably pledged. Section 7. Pursuant to the provisions of the Charter of The City of Miami and of said Ordinance No. 9296, there shall be levied and collected upon all property within The City of Miami subject to taxation for such purposes, in each year while any of said bonds shall be outstanding, an ad valorem tax sufficient to pay promptly the principal of and the interest on said bonds as the same respectively become due and payable, and to provide for probable failures of collection of such tax in such year. Such tax shall be levied and collected at the same time and in the same manner as ad valorem taxes levied for operating expenses of the City and shall be in addition to all other taxes authorized to be levied by The City of Miami. The City covenants that it will not accept payment of taxes levied for operating expenses of the City unless there shall be paid at the same 10. r 81 -1020 W 7 time the tax levied to sake the principal and interest paytttenta required by this resolution. Section 8. The proper officers of The City of Miami are hereby authorized and directed to take appropriate proceedings for the validation of the bonds herein authorized. Section 9. This resolution shall be in full force and effect immediately upon its passage. PASSED AND ADOPTED this 10 day of DECEMBER , 1981. MAURICE A. FERRE M A Y 0 R ATTEST: C le CI`TY CLERK PREPARED AND APPROVED BY: ?I PAM JQAA44 Deputy ' City Attcirney $1-1020 STATE OF PLORIDA ) COUNTY OF DADE ) CITY OF MIAMI ) it RALPH C. ONOIE, Clerk of the City of Miami, Plorida, DO HEREBY CERTIFY that the attached and foregoing pages numbered 1 through 11, inclusive, contain a true and correct copy of a resolution adapted by the Commission of said City at a meeting held on the _ day of , 1981, designated Resolution No. . WITNESS my hand and the official seal of the City of Miami, Florida, this day of 1981. RALPH G. ONGIE City Clerk 81-1020 Ta. Howard V, Gary City Manager " Ot9'Y OF MIAMI. FLORibA .1t .r 1%1 1 1 I�IIC' ��lVtl tNf t3ANDUM DATE, November 9, 1981 } j� /� FILE:j� SUBJECT- issuance olr $ 21 , 000 , 000 Fire Bonds FROM Carlos E, Garcia REFERENCES: Acting Director Finance Department ENCLOSURES: It is recommended that the attached Resolutions be passed by the City Commission, providing for the issu- ance of fire fighting, fire prevention and rescue facilities bonds for the City of Miami, Florida. The voters of the City of Miami approved the issuance of fire fighting, fire prevention, and rescue facilities bonds in an amount not to exceed $21,000,000. In order to proceed with the validation of these bonds, the City Commission must pass the attached resolutions providing for the issuance of these bonds. CC: Law Department 81 -1020