HomeMy WebLinkAboutResolutionMAR-09-2005 14:02 CITY OF MIAMI
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ORDINANCE NO.
AN EMERGENCY ORDINANCE OF THE MIAMI CITY
COMMISSION, WITH ATTACHMENT(S), AUTHORIZING TRE
ISSUANCE, SUBJECT TO THE ELECTION HEREIN PROVIDED
FOR, IN AN AGGREGATE PRINCIPAL AMOUNT NOT
EXCEEDING $255,000,000 QF.GENERAL 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 MXLLAGE 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 i
APPOINTING THE CITY CLERK AS THE OFFICIAL 1
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
CERTIF'IED 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 'd�� ocSa: cf paying fo4 ^omel.'a-, i
n,,,. ., i ,i i ,fi; .�
i
security, neighborhood improvements, capital projects and
infrastructure improvements, with interest payable at rates . not
to exceed the maximum rate allowed by law, to be payable froiI; act
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 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
($255,000,000).
: '
Such bonds shall be in the denomination' bf $5, 0'b0' • •
each or any integral multiple thereof, shall bear interest at a
rate or rates not exceeding the rate provided for by the Statutes
of the State of Florida, shall be in such form and shall be
executed by , such officers of the City or any financial
institution and in such manner, as the Commission shall provide
by resolution adopted prior to the issuance of the bonds. The
Bonds shall be issued as fully registered bonds; provided,
however, that if those provisions of the federal law which
presently require that tax --exempt bonds be isaued zn
registered form, should at any time be amended, repealed'or
nullified, the bonds may then be issued as coupon bonds, o'r 'as
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bonds registered as to principal ,cn .y or - as to both principal; and
interest, cr in any other form consistent with appl .cabl'e law, a$
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. For the prompt payment of the principal of
and the interest cn such bonds, there shall be levied! and
t
collected annually an ad valorem tax upon all taxable.'oroplerIty,
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 13 " '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 s1a11 be issued.
Section 5. Notice of the special municipal electiop
be held on Tuesday, November 13, 200.1, shall be published irk the'
1
MIAMI 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
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week, prior to the week in which said election 12 to be held,
date of the first p uhlicat_.on in each of said newspapers to be a' -
least 30 days before said election, .which notice shall be
substantially in the following form:
"NOTICE OF ;SPECIAL MUNICIPAL, ELECTION
TUESDAY, 'NOVEMB R ;13, 2001
THE CITY OF MIAMI, FLORIDA
As provided by Ordinance' No. , duly,
adopted by the Commission of the City of Miami)
Florida, an election will be held on 2'uesday,i
November 13, 2001, from 7:00 A.M. until 7:0;04:M. ,?
for the purpose 'of submitting to the qu'a'lxfiec
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 $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 millage not exceed the current rate, of
1.218?"
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 ap11'
taxable property within the City of Miami, Fioridat .over! and.
above all other taxes authorized to be levied by said'qity,,
sufficient to pay such principal and interest as the sa1me
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.
By order of the 'Commission of the City of Miami, Florida.
CITY CLERK
(Insert list of City pf Miami Polling Places,)"
A'iist of City of Miami polling places follows:
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Section 6. The election shall be held at the voting
places yr. the precincts designated on Exhibit No. 1, attached and
incorporated. or es' may be designated by the Supervisor of
Elections of Miami -Dade County, i'n conformity with the, provistiots i'
of the general laws of the State, A description' ,of; the
registration books and records which pertain tc eledtion
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 laws 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 serge at said polling places on said election date ,shall be
designated by the Supervisor of Elections of Miazri-Dade ,County,
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 vote in said elections shall
be those maintained by the Supervisor of Elections of Miami -Dade
County,
Section e. For the purpose of enabling persons to
register who are qualifiea to Vote in said special municipal
election to be held on November 13, 2001, and who have not
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'regisered under tha provisions of the general, laws cf F1otida
and Chapter , l6 of. the Code of . tre .,City of Miami, Florida, as
amended, or ' to have transferred their legal residence from ,
voting precinct to another voting precinct in the City, they may
register at the following place and times:
MIAMI-DADS COUNTY
ELECTIONS DEPARTMENT
111 Northwest 1st Street, Miami, Florida
Monday to Friday, inclusive: 8:00A.M. - 5:00 P.M.
En addition to the above place
may register at such branch offices
.registration, van for the purpose of
and times, qualified persons
and may also use any mobile
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 ; MiamieDade, . (•..,�.•.,
County.
Section 9.
pertain to election
of Miami and which
The registration books
and records, which
precincts wholly or partially withFn, the iCi,ty
the City is adopting and desires 'to use, f,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 ;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 hereafter,be
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recognized and accepted es;, o°F';'"; 311 registration cards, book
CITY OF MIAMI
records and certificates of such:City.
I
Section 10. The cfficia^ ballot to be used .at +said•
{ i.
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 MUNICIPAL'ELECTICN
TUESDAY, NOVEMBER 13, 2001
FOR APPROVAL OR DISAPPROVAL OF THE
FOLLOWING BALLOT QUESTION
ORDINANCE AUTHORIZING
GENERAL OBLIGATION ,BONDS'
FOR NEIGHBORHOOD .AND ,OTHER,
IMPROVEMENT$ IN THE AMOUN2'•
OF $255,000,000.
(For Bonds) •
(Against Bonds)
"Shall the City of Miatti,
Florida, issue General
Obligation Bonds' fo'r
homeland 'security,
neighborhood improvements,
capital pzojects 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
Riillage not exceed the
i 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: to! .-the
word "FOR" within the ballot frame containing the= Statement
relating to said Question. Electors desiring to 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.
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,
,
Section 15. All qualified electors of said City shall 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 all qualified electors residing in
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•Supexvisor of Elections of Miami -Dade County pursuant to
MAR-05-2005 :4: 03 CITY OF r 1 IqM i
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the City of Miami as shown by the registration books an; !ram c?s.,
of the Office of said Supervisor cf Elections and duly. certify
the same for delivery to and for use by the election cfficia,ls
in said
;4.
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designated to serve at the respective polling places
election precincts.
Section 16. The' City Clerk is authorized and directed to
cause a certified copy of this Ordinance to be delivered to the
applicable law. l,�" Y". ,P*~ .
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,,,. Section 17. This Ordinance shall .go intros;; . eVfac s• ;x„i;,;
1 I• I , 1 f , , •;rt•`i. lilt ., ,1..
immediately upon its passage and shall not be subj6t.: tol 614{,`•%1PU:••.
right of referendum as an ordinance,
Section 18. All 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 Ordinance is declared invalid, the
remaining provisions of this Ordinance shall not be affected.
Section 20, This Ordinanle is declared.to be a,n emergency
•
measure on the grounds of urgent .public need for the p;r,eservathi'oit
of peace, health, safety, and 'prbperty of the City oP Miami,+ and
upon the further grounds of the necessity to generally cariy,on
the functions and duties of municipal affairs,
I
Section 21. The requirement of reading this Ordinance,on
two separate days is dispensed with by an affirmative vote of not
less than four -fifths of the members of the Commission.
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Secticn 22.
immediately upon its adoption and signature of the Mavor.1/
PASSED AID ADOPTED SY TETLE ONLY
October ,2001.
ATTEST
this ilth
day of
1.10E CAROLLO, MAyOR
• „ tg 1. •
L., • „
cwoardanca with hi!;erni 7.:•••7-,`G .4:11,/or did not indictg • •
t Ili
this t".y L • z;tc, r.sl: '17014.141d, C ? i
bon.; Ii.:;;ett/0 With 1;*1 LiI.; dal. of 1.;rnrni3.;1" A •
r. • •• oh(
t'OgaNitrIg :int), without ti;o Mayor e ve '
WALTER J. FOEMAN
CITY CLERK
APP RM AND CORRECTNESS t/
ELLO
Y ATTORNEY
W1147:BSS
Waiter J. an, City Cletk
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/f the May does not sign this Ordinance, it shall become effective ao
the end of ten calendar days from the date it was paased and adopted.
If the 'Mayor vetoes this ordinanoe, it shall become effective
immediately upon override of the veto by the City Commission.
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