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HomeMy WebLinkAboutOrdinance No. 12137F'h r •.S; N=,,R-09-2325 14:02 ITY 0F ^'d..i F.2.2 OR0TNANCE NO AN EMERGENCY ORDINANCE OF TH.E M7LAMI CITY COi,9MT3SION, WITH ATTACHMENT(S), AUTHORIZING THE ISSUANCE, SUBJECT TO TRE ELEC`T'ION HEREIN PROVIDED FOR, IN AN AGGREGATE PRINCIPAL AOMOUNT NQT EXCEEDING $255,000,000 OF. GENERAL OBLiGATTON 86N.DS OF THE CITY OF MIAMI, FLORIDA, FOR. HOMELAND SECURITY, NEIGHBORHOOD IMPROVEMENTS, CAPITAI: PROTECTS AND I RASTRUCTURE IMPROVEMENTS, WITH INTEREST PAYABLE AT RATES NOT TO EXCEED THE MAXIMUM RATE ALLOWED BY LAW; PROVIDING FOR THE LEVY AND COLLECTION OF AD VALOREM TAXES TO PAY SUCH BONDS PROVIDED THAT THE DEFT MILLAGE NOT EXCEED THE CURRENT RATE OF 1,215; MAKING PROVISIONS FOR HOLDING A SPECIAL MUNICTPAL ELECTION ON NOVEMBER 13, 2001, FOR THE PURPOSC OF' SUBMITTING TO THE ELECTORATE AT SAID ELECTION, WITH RESPECT TO THE ISSOANCE OF SUCH BONDS; DESCRIBING THE REGISTRATION• BOOKS AND RECORDS MAINTAINED UNDER THE PROVISTON3 OF THE, GENERAL LAWS OF FLORIDA AND CHAPTER 16 OF THE CODE OF TRE CITY OF MIAMI, FLORIDA, AS AMENDED, W? -?ICH THE, CITY HAS ADOPTED AND DESIRES TO USE FOR HOLDING SUCY, SPECIAL MUNICIPAL ELECTION, DESIGNATING !AND APP0114TING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE OF SUCH REGISTRATION BOOKS AND RECORDS; AUTHORIZING AND DIRECTING THE: CITY CLERK TO PUBLISH NOTICE OF TR--- ADOPTION OF THIS ORDINANCE AND THE PROVISIONS THEREOF PURSUANT TO APPLICABLE LAW; AND DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY OF THE HEREIN ORDINANCE, TO BE DELIVERED TO TI SUPERVISOR OF ELECTIONS OF MIAMI- DADE COUNTY, FLORIDA, PJRSUANT TO APPLICA$LE LAW: CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. BE T ORDAINED BY THE COVjMrS3i0ti OF 71HE CITY OP MIAMI, FLORIDA: 121"ll 'r P:R-�9-c�ES 14:02 CITY OF MTPM1 43 Pectwo n ] . Fcr the pups:' cf pays ng for! "n sec 114 ne ghborhood .:,;proveMents, Capl,tal _ :ojevts a;.�', , r 4rF_ast:i.;t tU-e=:RprO=I?21�?tS, with interest payatite at rates not to exceed the maxini.:m rate allowed by law; to be payawla fro�^� =d valorem taxes to be levied op. aLl taxable property -in. t*e City { provided that the debt millage not exceed the current rate of 1.218, t ere shay- be issued, under the authority of the Cori stitutiOr. and laws of the State of Florida, including i•• particularly the Charter of the City and the Municipal Home Rtz1e � -Powers Act (Chapter 166 of the Plorids Statutes, as amended), and j subiec;t to the election hereinafter, provided for, general- � obligation bonds of the City in ain aggregate principal amount-_ not exceeding Two Hundred and Fi`ty-cine Mi"Lica Dollars i ($255, 030, 000) Such bonds shall he in the denomination AS, 01ti0 i each or any integral multiple thereof, shall bear interest at a i rate or rates not exceeding the rate provided for by the Statutes of the State of Flo: ida, shay_ be in such form and shall be executed by , such officers of the City or any financial �i. institution and in such manger, as the Commission shall provide by rewciution adopted prior to file iss�,Iat ce of the bonds. mhe f ,S o b w Bonds ahali b, issued as idly regis�ered bonds; p..ovide'd, however, that if those provisions of the federal law which greaently require that tax-exempt bonds be i gst]Ad ,in 'Uill r registered form, Shot.:ld at any time he amended, repea , ed ' or j ( null{ f- ed, the bonds may tt- en be issued as co.:pon bonds, or 'as ! Page 2 of 110 .� i 04 14, 03 'As to princlpa-- cnl-v •oz -az to both a r. d bonds �egjs,:--a-ed intares t , or In ary othef form cons is : ent" w i th cab.le law., as the --amumission shall provide by razolation prior to ..t t- 3 U,a n C e of the bonds. Section 2. The prin-cipal of bonds is to be due and payable at such time or tl',Mes, -not exceeding 30 years from the date hereof, but 'not longer than the probable life Of any ' improvement 'fo-- which the same are issued, as evl-imated by the Commission. . The ComrUssion. may by resolution consolicate• into a single issue all or any part of the bonds authorized. Section 3. For thd prompt payment of the principal of and the interest on such bonds, the -re shall be 'levied' and :—, collected annually n y aad valorem tax upon a."I taxable --ople4ty within the City, over and above all other taxes authorized to be levied by the City, sufficient to pay such principal and interest as the same respectz'.vely become due and payable. - Section 4. A special muni to be election is called held on, Tuesday, the 13 day of November, 2001, from 7:00 A.M. until 7:04 for the purpose of submitting, to the electors o the city, authorized by 'Law to participate in such election, tha auestion of whether such bonds shall be issued. Section 5. Notice of th';I-O special municipal. e c; t i o "n !to be held on Tuesday, Ncvernnber 13, 2001, 5hiaLl be publibhed tine' M 76jz�Nj Z ji. Z.R A L 0 , 14E. HA I T II AN TIMES AND DILARIO LASI AMERICASe newspapers of geneza-I circulation in the City o -,f ii1.ZTl, Florida, I at least twice, once in the fiftn week an -.4 once In the third Rage 3 O. -f I I 1 Z113 MFh-?5-2025 14-23 CiiY sF ` I PIN? F. week, prior to the week, in w,_ich said election iG to .-e_c, the ate of the f_rst P-hl'..caticn in each of said, ne;,�spapers t1c be at j i 'East 30 days before said election, which zotice snail be 9t1-i9tatltiuily in .:":2 f f41.iOn'li?w^rm:. "NUiIC=: OF :SPECIAL MUNICIPAL ELECTION Tv✓sDAY, 'ra;VEMa:ZR 13, 4Co1 TiIE CTTY OF .MIAMI, FLORIDA As providedby Ordinance' No. , duly adopted by the Com-ni.ssi on of the City of Miami,! Florida, an election will be held on Tuesday,i i November 13, 2001, from 7:00 A.M. until 7, H.:;.P.M.,! foz the purpose of submitting to the que-lifiel electors of the City of Miami, Florida; the following question: "Shall the City of Miami, Florida, Issue General Obligation Bonds for homeland security, neighborhood improvements, capital projects and infrastructure inprcvements in an aggregate principal amount not exceeding S255, 000, 000, Kith interest payable at rates not to exceed I the maximum rate allowed by law, to be payable from ad valorem taxes to be levi;d on all I taxable property in the City provided that the i debt rn, llage not exceed the current rate, of 1.218?1, ordinance No. pzovides that for the prompt payment of the principal of and the interest on such bonds there shall be levied and collected annually an ad valorem. tsar upon, a11' taxable property within the City of Miami, Florida, , over; and. i' ;• above all other taxes authorized to be levied by 'said ,Ci�'y,, sufficient to pay such principal and interest as the satre respectively become due and'payable. The City of Miami shall be authorized to assus S3.3d bonds if the question for the issuance of said Bonds shall be approved by a majority of the votes cast by the quali-led elect -ors of the City of iliami voting on such questions. By order of the 'Corunission of the O.i.ty Of Miami, -? orida Cl.Y CLERK ;Insert list of City pf Mllami PoZling :laces,;„ A j i3t of CJ ty of Mi amii polling places fo- o-, ; Pace 4 C_ 21 1t'i mAR-OS-2WS 14:03 C i TY ^v= M; VI; t sect -ion 6. The election shall be he3 at t,ne -voting places in the precincts designated on Exhibit No. i, attac'-ed and I. ort>o,:ated7 or es' may be designated uy the S'uppjZVi Some o Elections of Miar :-Dade CoLi ty, �n Confocrnit-Y wit"n the; of the general, laws of the State. A descript: Io'n Q the }. registration books and record's which psrtain to eiection. j 1 precincts wholly or partwiChin the City and which the city iS adopting and; desires to use for holding such electrons is as t follows; all registration cards, books, records and certificates pertaining to electors of the City and established and maintained as official by the Supervisor of Elections of Miami -Dade Cclrnty, ! in conformity with the provisions of the general laws of the i State; are adopted and declared to be, and shall hereafter be � I recognized and accepted as, official registration cMrcis, book records and pertifica:es of the City of Miami. Section 7. The Precinct Election Clerks and Inspectors j to serve at sa-id polling daces on said elsction date shall .he (i designated Icy the Supervisor of Elections of Mia.ni-Gad'e >Countiv, Florida, for such purposes i:n accordance with the genera'_ laws of the State. The registration books and records 'for the registration of persons qualified to vote in said elections shall be those maintained by the Supervisor Of lactions Miami -Dace i Lounty, . i Sect -Lon 8. For the purpose of 0rabIi.^,c persons to ? _e is*er who a:a qual---Leri to 'vete in aa—id special ~:un =cp'aI e_ect_or• to be he'd on November 13, 2001, grid who ha ,.a not ,: reaistsr at the following place and t -ties: • i MIAMI-DADE.COUN." ' ELECTIONS -DE PA'?TMENT f I i III Northwest 1st Street, Miami, Florida Monday to Friday, inclusive: 8:00 A.M. - 5:00 P.M, 1 In addition to the above place and times, gLialified persons may register at such branch offices and may also use any mobile registration van for the purpose of registration to vote in the 'herein described election during such times and on such dates as may be designated by the Supervisor:•of Erections ef;Miami�Dade, �:- County. Section 9. The registration hooks and records, which pertain to election precincts whoIly or partially withaa,the fCi,ty I' of Miami and which the City is adopting and desires to use, f,or ' k hold -ng such special municipal erection, are de$cribed as { follows: Ai1 registration cards, hooks, records and certificates pertaining to electors az the City of Miami and y+y established and t?;a:.nta-r.ed as official by the Supervj.5oi o` Elections of Metropolitan wade County F.lor3da, Jr. conformity { wit', the orovi sloes ol" the general laws CU. t -he State of Pioxzda, �� pare hereby adopted and declared' to be, and shall hereafter, be I t i gaffe 6 of ii f i 1218 �.ery 4 DF Niinili. 1 `.. 1 �. =eaist�ered �.��der the prcv;.sao. s a f the genera.,. laws of t _cnida !,! aha Chapter 1V o;- z'e Code of ;the :�y of as I.. arte^.dsd, or •who have tra s`erYed their legal residenc� fro �; ' 1;f it I l' `! or.'e�.,; voting precinct to another voting precinct -n the Ci 4y they + may �. reaistsr at the following place and t -ties: • i MIAMI-DADE.COUN." ' ELECTIONS -DE PA'?TMENT f I i III Northwest 1st Street, Miami, Florida Monday to Friday, inclusive: 8:00 A.M. - 5:00 P.M, 1 In addition to the above place and times, gLialified persons may register at such branch offices and may also use any mobile registration van for the purpose of registration to vote in the 'herein described election during such times and on such dates as may be designated by the Supervisor:•of Erections ef;Miami�Dade, �:- County. Section 9. The registration hooks and records, which pertain to election precincts whoIly or partially withaa,the fCi,ty I' of Miami and which the City is adopting and desires to use, f,or ' k hold -ng such special municipal erection, are de$cribed as { follows: Ai1 registration cards, hooks, records and certificates pertaining to electors az the City of Miami and y+y established and t?;a:.nta-r.ed as official by the Supervj.5oi o` Elections of Metropolitan wade County F.lor3da, Jr. conformity { wit', the orovi sloes ol" the general laws CU. t -he State of Pioxzda, �� pare hereby adopted and declared' to be, and shall hereafter, be I t i gaffe 6 of ii f i 1218 'rs X, c Il�, i racogniZed a:1d .,rcepred as,, off"Cial registration cards, books ruCOrC:S and G2rtipicat es of su h 'c-lv, Section 10, T -he ef£icial! ballot to be used at isaid.r,p�' . 1, , election 6na11 be in full coranIiar;ce w'I,th the lam=s o tie State of Florida with respect to absen-�ee ballots and to the use of the cOt.ls,'�L:t T GleC:-1C}ia Systerm {G'E.n7) , a!l•.t 5,3.1 b8 in SuDStB^ti81?y Lhe j yP~; �1 fol -lowing form, to wit:: "OFFICIAL BALLOT SPECIAL MUNICIPAL''ELECTION TUESDAY, NOVEMBER 1.3, 2001 FOR APPROVAL OR DISAPPROVAL OF THE FOLLOWING BALLOT QUESTION -------------------------- ORDINANCE AUTHORIZING GENERAL OBLIGATION BONDS FOR NEIGHBORHOOD. AND O'T'HER, IMPROVEMENTS IN TP- AMOUNT. OF $255, 000, 000. (For Bonds) (Aga6st $ands) "Shall the City of Miami, Florida, issue General Obligation Bonds, for homeland 'security, neighborhood improvements, capital pxojects and infrastructure improvements in an aggregate principal amount not exceeding 255,000,000, with interest payable at rates not to exceed the maximum rate allowed by law, to be payable from ad valorem taxes to be levied on. all taxable property in the City "•rovided that the debt mill.age not exceed the current rate of 1.228?" Section 1:.. Electors de4iring to vote icr the bo::^G, 'in approval of said Question described above, 5haa be i%St�'�1r Ads to Page 7 of I1 gage 8 of 11 MAR -09-2005 1410.' CITY OF M_` AM! t .Eck punch straight down w th the sty!us through the hole -axt: tc the word OR11 with, -in the ballot frame containing the, 'stagy' '* r . I relating to sa,.:. ¢uest...c... Electors d s enc to vote ag:,-nst• the i i bonds, in disapproval of said Question, Shall be instructed to punch straight down with the stylus through the hole next to the word "AGAINST" within the ballot frame containing the statement ' relating to said Question. I j • Sectior:'12. The City Clerk sha11 cause to be Prepared absentee ballots containing the Question set forth in Section 10 above for the use of absont electors entitled to cast such ballots in said electign. Section 13. WALTER J. FOEMAN; the City Clerk of t,h:e City :. ; •�M of Miami, Florida, or his duly appointed successor, is cdesign'atec • f f and appointed as the official representative of the: Commission of j the City of Miami, Florida, in all transactions with the I Supervisor of E1'ections of Miami -made County in relation to matters pertaining to the use of the registration books for the holding of the herein special municipal election,. t : Section. 14. the City Cle::k shall cause to be prepared absentee ballots for the use of absentee electors entitled to cast such ballots in said election. Section: 15, All qualifieet electors of said City s al;l be j permitted to vote in said special municipal ele--tion and: the Supervisor of Ejections of Miani-Dade County is .equested, ' 4 A;�t^ocized, and, directed to furnish, at the cost and expense of the City of M -J axi, a ? �st of a_.l qua_ifled electc, s res: ding in i gage 8 of 11 ,wry R-0q-caZ-5 14:03 C11TY OF t"11CM! -he City Cf 1X­AaPL.-;L as zbown bv %he req`8'-a*4on bocks a of t; ,t e 0f Ce of Said, Supe rvi sor of ElactiCPS ard dul'y' ce-t fy .6 : - . I i the sarrie for delivery to ands for use by the election officials designated to seurve at the r4espective polling planes in said election pzetinct5. Section 16. The City Clerk is authorized and directed to cause a certified copy of this Ordinance to be delivere6 to the -SupekAsor o, -.F elections i' is -Dade County Pure U, ant to apoiicable law. Section 17. This Ordinance shall .90 lnpo-,: 6 fact; 10 its passage and shall not be to! t" immediately upon s u b j6 t -o 1 right of referendum as an ordinance, Section 18. All ordinances �r parts of ordinances that are rconaistent or in conflict with the provisions• of this Ordinance are repealed, $eCt4 o'n 1.9. If any sedt:ion, part of section, paragraph, clause, phrase or word of this Ordinance is declaged invalid, the remalring pr ovisions of this Ordinance shall not be affected, Section 20. ?'his Ordinanz�o is declared -to be ap, emergency measureon the gcoundo Qf uxgent pt3k�lic need for the P:r e s e rvA t A Z� tA-, 17 of peace, health, safety, and 'p,rbpert} of the City of' Viarni,1 and upon the fvxther grounds of the necessity to genex carry on the functions and duties of municipal affairs, Section 21. "I'he -requirement of reading this Ordinance on two separate day:. is dispensed wJth by an affirmative vote Of no' - less than four-fifths Of the members of t Commssion. Page :5, or !1 M -2o_z 5 14:V C Y1 - mir1,"1 P.'1 '.; 1.1. •e , i, •+Y �, Iv �W. i r fl rn tCr r..l 1 sec.,.0 G _S i�;_ui.nance s h a ll be Come t a•i�EC��V� 7..nmiediatel u -von its ado^.t-4on and sig awure of the "Mayor.11 i PASSED AND ADOPTED BY TITLE CNLY this ^t+l day o` I i t October , 2DOY, I is c JOE CAROLLO, MAY In ? 1 n 0..�cardancv with tfl$T1 •:P';�. ON,:. 2fR:' sf,^vQ t}-nlpr did not, indlcat9�r�Jl ti'!ia" tr,,-trtr:�:: �'= „' `. ' :... .. � .r., � .. "r{'",' •' ':i"l '� �R'A�r'••4tw�"^ :r � ;:!' ;it:' 'r, `.IL' ;. •� ^!rnr. :Q1'ai ".t, nni1 tw.a„I+IT�i:,•,i, � i i_• iy„- �'r�W �59`S'Jr11�+:, x„�c^722'Jp Nit1;+t ✓�+? ..� .. � ;i;i, 1 :�'1 r; ",jl:; a" �i+J vu`. Ut'v:•:'Iirit(:i$:�' :f•„rl , i pp rogw4ing Zama, withou{ tt cj Mayor e ' c, :;rjy n i r ATTEST: waltar J. an, City Gietk , h'ALTER J. rOEtiAN j CITY CLERK i APP D TO RM AND CORRECTNESS:t/ N Vi RELLO Y ATTORNEY W1147 : BS5 i if tae Mayor docs rot Giga this Ordinance; it become e;fective ae tae and of cer. calendar days from tie cats it wvn paused aid adopted. If tle ' Mayer vat—oes this Ordiranat, t zha11 'become efiOct ive 1+mr„ediate'y apo;, zverr�de O1 .,re veto by thle city Camzi=cion. f Page 10 of 1'