HomeMy WebLinkAboutpre ordinanceMAR-05-2005 14:02 CITY OF MIAMI
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J-01-856
10/11/01
ORDNANCE NO.
12137
AN EMERGENCY ORDINANCE OF THE MIAMI CITY
COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE
ISSUANCE, SUBJECT TO THE ELECTION HEREIN PROV DE,D
FOR, IN AN AGGREGATE PRINCIPAL AMOUNT :NQ;T
EXCEEDING $255, 000, 000 OF,GE 3ERAL OBLIGATION BONDS
OF THE CITY OF MIAMI, FLORIDA, FOR HOMELAND
SECURITY, NEIGHBORHOOD IMPROVEMENTS, CAPITAL
PROJECTS AND INFRASTRUCTURE 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 MX'DLAGE 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 EILECTORATE 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 MOLDING SUCH
SPECIAL MUNICIPAL ELECTION; DESIGNATING 1AND
APPOINTING THE CITY CLERK AS THE OFFIdIAI,
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 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CONTAINING A REPEALED PROVISION AND A SEV'ERABILI'SY
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 u'r!'�..•
E P of paying fo. h`rme y� Mi��M'R•]].,h,;�
�`i�1�,� ll�;,;i!.+,i�'ign4iij��r
security, neighborhood improvements, capital projects land
infrastructure improvements., with interest payable at rates' not
to exceed the maximum rate allowed by law, to be payable froin,ad
1 ,ti
valorem taxes to be levied on all taxable property in,the 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 emended), and
subject to the election hereinafter provident for, general
obligation bonds of the City in sin aggregate principal amount' not
exceeding Two Hundred and Fifty --Five Million Do1,la,rs
($255, 000, 000) . i '
Such bonds shall be in the denominatio f
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
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presently require that tax-exeknpt bonds be issued in uLl.y' .
registered form, should at any time be amended, iepealed•or
nullified, the bonds may then be issued as coupon bonds, dr 'as
•
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bonds registered as to principal only or'as to both principal! and
interest, or in any other form consistent with applicable law:, as
the Commission shall provide by resolution prior to tie;issuance
of the bonds.
Section 2. The principal of , such bonds is to be due and
payable at Burch 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. 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 all taxabli
Q ;'laxo�ex�ty,
within the City, over and above all ether 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 F,.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 thja special, municipal tia1ectio to +i;,akli',H.
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be held on Tuesday, November 13, 2001, shall, be publi.ghed 11 #he'
MIAM HUALD, 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
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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
su'bstalntially in the following form:
"NOTICE OF SPECIAL MUNICIPAL ELECTION
TU ESDAY, 'NOVEMBER 2001 I, ,
IN" .
THE CITY OF MIAMI, FLORIDAI
As provided by Ordinance' No. , du14
adopted by the Commission of the City of Miami,'
Florida, an election will be held on Tuesday,i
November 13, 2001, from 7:00 A.M. until 7:0'04:M.,i ,
fox the purpose of submitting to the cquk.lxfie
olectoxs 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 ?255,0OO,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..21$?„
,
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 updrj aril. + �,
taxable property within the City of Miami, Fioridar l over and. a'
above all other taxes authorized to be levied by maid; city, , • ;• ' .'
sufficient to pay such principal, and interest as the sa'me
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.
Sy order of tha'Commission of the City of Miami, Florida.
CITY CLERK
(insert list of City of Miami Falling Places,)"
A list of City of Miami, polling place9 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
will "
Elections of MiamieDade County, in conformity with the, provisliops, dellyptiqo
of the general laws of the Otate. A deacriptipn' ,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 ib as
follows: all .registration cards, books, records and certificates
pertaining to eleotors 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 a,aws of the
'State; are adapted and dec7,ared to be, and shall hereafter be
recognized and accepted as, official x,egistration c ads/ bcokp,
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 aha1l1 'be
designated by the Supervisor et Elections of Miami -Dade ,CoUnt'y,
Florida, for such purposes in accordance with the general laws of
the State. The registration books and records for the
registration of persons qualified to votes in said elections shall
be those maintained by the Supervisor of Elections of Miami -Dade
County,
Section S. For the purpose of enabling persons to
register who are qualified to `vote in said special municipal
election to be held on Novemb4x 13, 2001, and who have not
;
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s;. re istiex ed under the provisions of the general Laws of Florida
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and Chapter , l6 of, the Code of , the ,,City of Miami, TO,rida, as
emended, or ,who have transferre , their legal residen4, from; oineh,''' ,a�>rWs,
voting precinct to another voting precinct in the City, f they' may ' -; .'
register at the following place and times:
MIAMI-DADE COUNTY
ELECTIONS DEPARTMENT i0
111 Northwest let $treat, Miami, Florida
Monday to Friday, inclusive: 8:00 A.M. 5:00 P.M.
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 Superv'±sori, of Electi ens of ; Miaml-�i�alde ,.,.,,•„
County.
Section 9. The registration books and records, whtah
pertain to election precincts wholly or partially withr n, the ;City
of Miami and which the City is adopting and desires 'to use, i=or
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 ; arc 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 hereafter,be
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recognized and accepted asl, official registration cards, books
records and certificates of such City. MII,Y,s,lil,{i ;•q l
Section 10, The of f�ic�.a�! ballot to be used .at isaid'
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 form, to wit;
"OFFICIAL BALLOT
SPECIAL MtUNIGIpAL' ELECTION
TUESDAY, NOVEMBER 13, 2001
FOR APPROVAL OR DISAPPROVAL OF THE
FOLLOWING BALLOT QUESTION
ORD/NANCE AUTHORIZING
GENERAL OBLIGATION ,SONrsI
FOR NEIGHBORIIOQD , ANA OTHER
IMPROVEMENTS IN THE AMOUNT'
OF $255,000,000.
(For Bonds).
(Against Bonds)
,. +• 1, •4j
"Shall the City of Miami,
Florida, issue General
Obligation Bonds' for
homeland 'security,
neighborhood improvements,
capital projects and
infrastructure improvement$
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
i provided that they debt
Liillage not exceed the "r
current rate of 1.2113?"
Section 11. Electors desiring to vote for the bonds`, 'in
approval of said Question described above, shall be inst'riact4d to
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punch straight down
words "FOR" within the
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with the stylus through the hole
baxlot frame containing
relating to said Question. Electors desiring to
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next, to 'h'e
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the! .ptalteree "i �,1 .j'.
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vote against` the
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.
SectiOn'12. 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 + 1
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Section 13_ WALTER J. FO MAN, the City Clerk cf the 'City
of Miami, r].orida, or his duly appointed successor, is designated
and appointed as the official representative of the Commission of
the City of Miami, Flerida, in a1l transactions with the
Supervisor of Elections of Miami -Dade County in r'eiation to
matters pertaining to the use of the regietr'ation books for the
holding of the herein special municipal, election.
Section 14. The City Clerk shall cause to be prepared
absentee bellote for the use of absentee electors untitled to
cast such ballots in said election. '
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Section. 15, All qualified electors of said City shalil be
permitted to vote in said special municipal, election and 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 aJ.J, qualified electors residing in
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right of referendum as an ordinance,
MAR-03-2005 14:@3 CITY OF MWAMI P.
the 1,1,�,L 4�11rtlti�
City of Miami, as shown by the registration books a2•" I rl'.�
t til2'QC� •
of the Office of said Supervisor of E].ectiOna and dwry' certify
the same for delivery to and for use by the election affic.ia,ls
designated to serve at the respective polling places in said
eleotion precincts.
Section 16, The'City Clerk is authorized and directed to
cause a certified copy of this Ordinance to be delivered to the
'Superv'isor of Elections of Miami -Dade County pursuant to
applicable law. I
tVl � I� px+r �' yy Icy, i y y , I 1
Sect7.en ! 7 . A171 ►9 c shall I I''�- ,1 �I �,,' t
Ordin nce 1 , 0
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'ga in ,04 I �fsc � ; r
II. ' I ' I. , �' ii'���i,,, I��,
immediately upon its passage and shall not be „ ', ,,#,,,,
s u b j b t.. to l r" }+j'@�'�1 �4;"I ;i di r f �' ,;
I
Section 18. Al]. ordinances or parts of ordinances that
are inconsistent or in conflict with the provisions, of this
Ordinance are repealed,
Section 19. If any sedti'on, part of section, paragraph,
clause, phrase or word of this Ordinanoe is declared invalid, the
'Jvemaining provisions of this Ordinance shall not be affected,
Section 20, This Ordinance is declared Ito be aln emergency
measure on the grounds of urgent public need for the " " I'I�4I , NI��I-,''.i
of peace, health, safety, and 'property of the City of Miami, and
upon the further grounds of the necessity to generally carry,on
the functions and duties of municipal affairs,
Section 21. I
The requirement of reading this O dinande ,on
two separate days is dispensed with by an affirmative vote of not
less than four -fifths of the members of the Carnmiaeionr
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Section This Ordinance shall become 1 ' ' 'fecti+ve
immediately upon its adoption and signature of the Mayor.1/
PASSED AND ADOPTED SY TITLE ONLY this llth day of
October _ , 2001.
ATTEST:
h's *Ooorclanoo with 'u!l m! ?rn '�* ��. r t
thl 4''-1r,�f„ ar' w' 1; Y ^ .
A
b ome#1, SVri 'l'JI� whlI lit! ," ;' ;1 r 1I r.,: F,, r +I II „lil•'rl q ` �,I•
�C�I , . 'f 4 tir�;' I �t1,3 �:1 � Li4,'11C7 a�1�'1 '':1 ' 4 , ,� ,•�.i
rQg ritiirtg tam, without tiro Mayor fld ;1t1L ve 1 .,. i
WALTER J. FOEMAN
CITY CLERK
+7OE CAROLLO, MIAYOR
; I IISIr yl�rlrr 1NV� lrtS . .
'�, ni�ae t�ra Mayor did not ind!ot q�rsuril of I { 1'
!d I,.�.,I;� I�t:.: i "'J
C?`1
APP - e D TQ •RM AND CORRECTNESS :I/
N' Ir VI . - ELLO
Y ATTORNEY
W1147:BS
Walter J. air, City Cell(
„i SI . I I 'i{ ° 'I .t;
1 I Ir ,n 1,e 1[1['I.
N Ii1,.j}':1
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/f the Mayer does not sign thi,8 ordinance, it shall become effective at
the and of ten calendar days xrom the date it was pealed and adopted,
If the 'Mayor vetoes this ordinance, it shell become effective
ftmediateZy upon override' of the veto by the City Commission,
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