HomeMy WebLinkAboutpre resolutionMAR-09-2005 14:02 CITY OF MIAMI
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ORDINANCE NO.
12137
AN EMERGENCY ORDINANCE OF THE MIAMI CITY
COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE
ISSUANCE, SUBJECT TO THE ELECTION HEREIN PROVIDED
FOR, IN AN AGGREGATE PRINCIPAL, AMOUNT itvgy
EXCEEDING $255,000,000 OF,GENERAL OBLIGATION BONDS
OF THE CITY OF MIAMI, FLORIDA, FOR HOMELAND
SECURITY, NEIGHBORHOOD IMPROVEMENTS, CAPITAL
PROJECTS AND INFRASTRUCT!JRE 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 DEBT MILLAGE NOT
EXCEED THE CURRENT RATE OF 1.218; MAKING
PROVISIONS FOR HOLDING A SPECIAL MUNICIPAL
ELECTION ON NOVEMBER 13, 2001, FOR THE PURPOSE OF
SUBMITTING TO THE ELECTORATE AT SAID ELECTION,
WITH RESPECT TO THE ISSUANCE OF SUCH BONDS;
DESCRIBING THE REGISTRATION' BOOKS AND RECORDS
MAINTAINED UNDER THE PROVISIONS OF THE GENERAL
LAWS OF FLORIDA AND CHAPTER 16 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, WHICH THE CITY
HAS ADOPTED AND DESIRES TO USE FOR HOLDING SUCH
SPECIAL MUNICIPAL ELECTION; DESIGNATING !AND
APPOINTING 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 OP' THE 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 THE SUPERVISOR OF ELECTIONS OF MIAMI-
DADE COUNTY, FLORIDA, PURSUANT TO APPLICABLE LAW;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA!
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Section 1. For the pu'r!ptsse[ of paying fo,f horneClari'di ^ i. ar .
li�V.aJ;�+,�ti4Gih�,},
security, neighborhood improvements, capital projects sand
infrastructure improvements, with interest payable at rates not
to exceed the maximum rate allowed by law, to be payable from ad
f
valorem taxes to be levied on all taxable property iin,1the City ,
provided that the debt millage not exceed the current rate of
1,218, there shall be issued, under the authority of the
Constitution and laws of the State of Florida, including
'particularly the Charter of the City and the Municipal Home Rule
'Powers Act (Chapter 166 of the Florida Statutes, as amended), and
subject to the election hereinafter, provided for, general
obligation bonds of the City in ain aggregate principal amount not
exceeding Two Hundred and Fifty -Five Million Dollars
($25.5, 000, 000) . ;
r
1
Such bonds shallI '
be in the denomination' ;of ��', 0100'
each or any integral multiple thereof, shall bear interest at a
rate or rates not exceeding the rate provided for by the Statutes
of the State of Florida, shall be in such form and shall be
executed by , such officers of the City or any financial
institution and in such manner, as the Commission shall provide
by resolution adopted prior to the issuance of the bonds. The
Bonds shall be issued as fully registered bonds; provided,
however, that if those provisions of the federal law which
presently require that tax--exei>tpt bonds be issued in tui;ly'
registered form, should at any time be amended, repealed 'or
nullified, the bonds may then be issued as coupon bonds, Or as
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onds registered as to principal only or-az to both principal; and
interest, or in any other form consistent with applicable law, as
the Commission shall provide by resolution prior to the.;issuance
of the bonds.
Section 2. The principal of,such bonds is to be due and
payable at such time or times, not exceeding 30 years from the
date, hereof, but 'not longer than the probable life of any
improvement for which the same are ,issued, as estimated by the
Commission. , The Commission may by resolution consolidate, into a
single issue all or any part of the bonds authorized.
Section 3. E'or the prompt payment of the principal of
and the interest on such bonds, there shall be 'levied' and
collected annually an ad valorem tax upon all taxable :'propiez;ty,
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 respectively become due and payable.
Section 4. A special municipal election is called to be
held on, Tuesday, the 13th 'day of November, 2001, from 7:00 A.M.
until 7:00 P,.M., for the purpose of submitting to the electors of
the City, authorized by law to participate in such election, the
question of whether such bonds shall be issued.
Section 5. Notice of the special municipal electiol to ii,,;,: '1;
be held on Tuesday, November 13, 2001, shall, be published
I
MIAMT HERALD, THE HAITIAN TIMES AND DIARIO LAS, AMERICAS,
newspapers of general circulation in the City of Miami, Florida ,
at least twice, once in the fifth week and once in the third
b
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week, prior to the week in which said election is to be held, the
date of the first publication in each of said newspapers to be at
least 30 days before said election, which notice shall be
,substantially in the following form:
"NOTICE OF,SPECXAL MUNICIPAL ELECTION
TUESDAY, 'NO, VEMB;ER ,13, 2001
IN"'
THE CITY OF MIAMI, FLORIDA
As provided by Ordinance' No. , du.ly
adopted by the Commission of the City of Miami,'
Florida, an election will be held on Tuesday,;
November 13, 2001, from 7:00 A.M. until 7:00.4):M4
for the purpose of submitting to the qual':fiel
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 improvements in an aggregate
principal, amount not exceeding P255,000,000,
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 provided that the
debt millage not exceed the current rate of
1.21E?"
Ordinance No. provides 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 tax, upon a;11
taxable property within the City of Miami, Floridan .0ver'1 and.
above all other taxes authorized to be levied by said .gity,
sufficient to pay such principal and interest as the same
respectively become due and' payable,
The City of Miami shall be authorized to issue said bonds if
the question for the issuance of said bonds shall be approved by
a majority of the votes cast by the qualified electors of the
City of Miami voting on such questions.
8y order of the 'Commission of the City of Miami, Florida. 1
,
CITY CLERK
(Insert list of City pf Miami Polling Places,)"
A 'list of City of Miami, polling places follows:
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Section 6. The election shall be held at the voting
places in the precincts designated on Exhibit No. 1, attached and
incorporated; or as' may be designated by the Supervisor of
I
Elections of Miami -Dade County, in conformitywith r
wthe p ovislidns; •��Siril«;,�•r,.�
of the general laws of the State. A description', of the
registration books and records which pertain to election
precincts wholly or partly within the City and which the City is
adopting and desires to use for holding such elections is AS
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 County,
in conformity with the provisions of the general saws of the
• State, are adopted and declared to be, and shall hereafter be
recognized and accepted as, official registration cards, books,
records and certificates of the City of Miami.
Section 7. The Precinct Election Clerks and Inspectors
to serve at said polling places on said election date shall be
designated by the Supervisor
Florida, for
the State.
registration
of Elections of Miami -Dade ,County,
such purposes in accordance with the general laws of
The registration books and records for the
of persons qualified to vote in said elections shall
be those maintained by the Supervisor of Elections of Miami -Dade
County.
Section 8. For the purpose of enabling persons to
register who are qualified to 'vote in said special municipal
election to be held on November 13, 2001, and who have not
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',registered under provisions f the general �? p 4 ered ndthe � � a .� l
�N�.. aws of Florida
vr
4,',i yli
and Chapter , 16 of the Cade of :,the ,,City of Miami, Florida, as
amended, or who have transferredL, I their legal residenc4, from' "1I;;il�lir�4;; i•'`;i
voting precinct to another voting precinct in the City, they` may
register at the following place and times:
MIAMI-DADE COUNTY
ELECTIONS DEPARTMENT
111 Northwest l,st Street, Miami, Florida
Monday to Friday, inclusive: 8:00 A.M. •- 5;00 P.I.
In addition to the above place and times, qualified 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 Elections of ;
County.
Section 9. The registration books and records, which
pertain to election precincts wholly or partially withrin,the'City
of Miami and which the City is adopting and desires 'to use, for
holding such special municipal election, are described as
follows:
All registration cards, books, records and
'certificates 'pertaining to electors of the City of Miami and
established ,and maintained as official by the Supervisor of
Elections of Metropolitan Dade County, Florida, in conformity
with the provisions of the general laws of the State of Florida,
are hereby adopted and declared' to be, and shall herea'ter,be
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recognized and accepted as;, official registration cards, books
records and certificates of such :City.
Section 10.
The official ballot to be used at said
election shall be in full compliance with the laws of the State
of Florida with respect to absentee ballots and to the use of the
Computer Election System (CES), and shall be in substantially the
following dorm, to wit;
"OFFICIAL BALLOT
SPECIAL MUNICIPAL`ELECTION
TUESDAY, NOVEMBER 13, 2001
FOR APPROVAL OR DISAPPROVAL OF THE
FOLLOWING BALLOT QUESTION
ORDINANCE AUTHORIZING
GENERAL OBLIGATION ,BONGS'
FOR NEIGHBORHOOD ,AND ,OTHER
IMPROVEMENTS IN THE AMOUNT'
OF $255,000,000.
L(For Bonds)
(Against Bonds)
"Shall the City of Miami,
Florida, issue General
Obligation Bonds' for
homeland 'security,
neighborhood improvements,
capital projects 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
provided that the debt
mlllage not exceed the
current rate of 1.218?"
Section 11. Electors desiring to vote for the bonds', 'in
approval of said Question described above, shall be instructed to
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punch straight down with the stylus through the hole next, tt the
word "FOR" within the ballot frame containing thel statement•Ywq
1
relating to said Question. Electors desiring to vote against: the
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.
Section12. The City Clerk shall cause to be prepared
absentee ballots containing the Question set forth in Section 10
above for the use of absent electors entitled to cast such
ballots in said election. ! . • 1
• •
. •
Section 13.
WALTER J. FOEMAN; the City Clerk Of the City
of Miami, Florida, or his duly appointed successor, is designated
and appointed as the official representative of the Commission of
the City of Miami, Florida, in all transactions with the
Supervisor of Elections of Miami -Dade County in relation to
matters pertaining to the use of the registration books for the
holding of the herein special municipal election.
Section 14. The City Clerk shall cause to be prepared
absentee ballots for the use of absentee electors entitled to
cast such ballots in said electiOn,.
"1
Section, 15, All qualified electors of said City shalll be
permitted to vote in said special municipal election an the
Supervisor of Elections of Miami -Dade County is requested,
authorized, and directed to furnish, at the cost and:expense Of
the City of Miami, a list of all qualified electors residing in
age 8 of 11
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MAR--09--2005 14 : 03 CITY OF M I AM I
y x. as shown byt !. > I r•; „Fi•:;4� 1 ',,
the City of Miami he registration books an.,'Ire�ard�����i'���'•
;+�,; ;` ds �+;
of the Office of said Supervisor of Elections and duly' certify
the same for delivery to and for use by the election officials
designated to serve at the respective polling places in said
election precincts.
Section 16. The City Clerk is authorized and directed to
cause a certified copy of this Ordinance to be delivered to the
'Supervisor of Elections of Miami -Dade County pursuant to
applicable law. ;
Section 17. This Or , I...:,.;; ,r a°� �,;a';,
Ordinance shall .go int'o•;,, , 'O f fect : ;,+'° Y.
immediately upon its passage and shall not be subjee,c"t' : toi 1'.04,
right of referendum as an ordinance,
Section 18. All ordinances or parts of ordinances that
are inconsistent or in conflict with the provisions
this
Ordinance are repealed.
of peace, health,
upon the further
the functions and
Section 21.
two separate days is dispensed with by an affirmative vote of not
less than four -fifths of the members of the Commission.
Section 19. If any sedti'on, part of section, paragraph,
clause, phrase or word of this Ordinance is declared invalid, the
remaining provisions of this Ordinance shall not be affected,
Section 20. This Ordinance is declared,to be an emergency
measure on the grounds of urgent ipublic need for the p',r,eservAt� ��oir�, 711111
�'� ", ,�T
safety, and property of the City of Miami,; and "
grounds of the necessity to generally carz;y on
duties of municipal affairs,
I
The requirement of reading this Ordinance on
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IN
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Section 22.
CITY OF MIAMI
immediately upon its adoption and signature of the Mayor.11
PASSED AND ADOPTED BY TITLE ONLY this IZtri day of
October 2001.
x7OE CAROLLO, MAYOR jj,,;;{{
I I r i c' '%' I it
In accordance with 47:•rn ;� , r n,3 ,
" �' � r t� . i� wo 'ht� .4 ;+ar did not irsdlc t '�"�u^i �} ' , ; ,c �y i'{d1� 1M
-iClr,,:?...i 4.'" I (:•', r: ;, ,., 1, , ' � '' ^',:f`I] i' il�rl c? • 11., ••r 3 r rjl tl i h�l Mh this �'' r d s •�.+' I `i�i.' • ..• i' � tiin�'r �, �� ,'"i ��: j,5.nl.,l:,ra•� ,•1'! • k , �du r�'[ ,Il..r.l
1t r -��.ry rr+ll k'r •1 f rti, +� . ' L+_•
L 1 ,... �.,,5 �:'i r j+ i ••l y;.:,in� � �, 4,11
�000r! ,!4 Y.riLr+rfo wiii.. 'i .. f f': Itii t u R. •.•
" ,1Li l :�, u• du. of L:w.tul�f3ar ;��•'t •, k a ';1 ,.1F, .
G i , itIioul tie Mayor e.cc ztn v : �' ,�r�.�,.•,.F,,;k.
rib ir1 arr»v f y i ' ' t
ATTEST:
WALTER J. FOEMAN
CITY CLERK
APPRM AND CORRECTNESS:
N ' • VI . ' ELLO
Y ATTORNEY
W1147:BSS
Walter J. an, City Clerk"
If the Mayor does not sign this Ordinance, it shall become effective at
the And of ten Calendar days from the date it was passed and adopted.
If the 'Mayor vetoes this ordinance, it shall become: effective
wmmediate],y upon override of the veto by the City Commission.
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