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HomeMy WebLinkAboutR-00605i • RESOLUTION NO. 605. A RESOLUTION AUTHORIZING THE PUBLICATION OF NOTICE OF THE INTENDED APPLICATION TO THE LEGISLATURE FOR THE PASSAGE OF CERTAIN SPECIAL OR LOCAL LAWS ENUMERATED IN THIS RESOLUTION: WHEREAS, The Commission of the City of Miami deem it proper and necessary to apply to the Legislature of the State of Florida at its neat regular session in 1923, for the passage of oertain looal laws or special legislation for the benefit of the inhabitants of the City of Miami; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, that the City Attorney be and he is hereby authorized and direoted to cause to be published in the Miami Daily Metropolis and the Miami Daily Herald, once a week for a period of not less than sixty days, notice of the intention of said City to apply to the Legislature of the State of Florida, at its next regular session in 1923, for the enactment of the following legislation, t0-wit: An act to amend Section 2 and Paragraph (hh) of Section 3 and Paragraph (b) of Section 4 and Section 15 and Section 30 and Section 57 Section 81, of the Charter of the City of Miami, Florida, of 1S21 so that the same shall read as follows: "Section 2: The corporate limits of the City of Miami shall extend over and include all the territory included within the following description, and shall incorporate all of the inhabitants within the same: "DOCUMENT INDEX ITEM NO. CAY COMMISSION N MEOF JAN09-19.2 3 "SUPPORTIVE DOCUMENTS FOLLOW" Beginning at a point where the Eastern City Limits in Biscayne Bay, extending in a Northeasterly direction, would intersect the North lot line of Sections seven (7) and eight (8), Township 53, Range 42, if produced East; from this point Rest along the North Section line of Section seven (7) and eight (8), Township 53, Range 42, and the North line of Sections ten (10) and eleven (11) and twelve (12), Township 53, Range 41, to the Northwest corner of Section ten (10); Then South along Section line forming the best line of Sections ten (10), fifteen (15), twenty-two (22), twenty- seven (27), thirty-four (34), Township 53, Range 41, to the Southwest corner of Section thirty-four (34); Then West along North section line of Sections four (4), five (5), six (6), Township 54, Range 41, to the Northwest corner of Section six (6); Then South along the West line of Sections six (6), seven (7), eighteen (18), nineteen (19), and thirty► (30) of Township 54, Range 41; to the Southwest corner of said Section thirty (30); Then East along the south line of Sections thirty (30), twenty-nine (29) and twenty-eight (28), to a point in Biscayne Bay where this line produced East would intersect the Eastern limits of the City, as described in the Charter of 1921, extended in a Southwesterly direction; Then in a Northeasterly direction in Bay Biscayne to the southeast corner of the present city limits in said Bay as described in the Charter of said City of 1S21; thence Northerly follov,irg the center line of Bay Biscayne to the Northeast corner of the present city limits of said City as described in the Charter of 1S21; thence continuing the last mentioned line in said Bay to the point of beginning. "SUPPORTIVE DOCUMENTS FOLLOW„ i "Seotion 3: (hh). To lioense, oontrol, teat and regulate traffic and sales upon the streets, sidewalks and public planes within the City and the use of spaoe in such plaoes and to regulate, suppress and prohibit hawkers and peddlers and beggars upon such streets, sidewalks and public plaoes; and to lioense, and cause to be registered and control, taic, regulate, or to prohibit in designated streets, or parts of streets, carriages, omnibusses, motorbusses, oars, wagons, drays, jitney busses and other vehicles; and to lioense, tail, and cause to be registered and control the drivers thereof and to fix the rate to be charged for the carriage of persons and property within the oity and to the public works beyond the limits of said city; and to authorize the City Manager or the Chief of Police to make and promulgate regulations for traffic on the streets, or parts of the streets, during such hours as may be necessary or convenient, and to provide for parking spaces on the streets, and to at any time discontinue the right to the use of suoh parking spaces and to regulate or vacate or discontinue the use of the same; and to require all vehicles for the carriage of persons for hire to execute a bond to be conditioned as required by ordinance for the pro- tection of passengers andof the public and to make such bond inure to the benefitof persons or property which may be injured or damaged by the operation of such vehicles for hire; and to require such bond with such surety to be furnished by all vehicles for hire operating upon the streets of the City of Miami whether such operation be wholly within the limits of the City of Miami or between the City of Miami and other cities and towns or places outside of the City of Miami". "SUPPORTIVE DOCUMENTS FOLLOW" • wSeotion 4: (b). The Commission shall consist of fits nI tifs who shall be eleoted on a general ticket from the oity it large to hold offioe for a term of two (2) years from 12 o'olook noon of the day after the canvas of the vote and declaration of the result of the election and until the suooeesors in offioe are elected and qualified and 'ball be subject to recall as hereinafter provided except that the two oOmmissioners who receive the highest number of votes in the general election held in said city for the year A.D. 1923 shall continue to hold office for the term of two (2) years from the general election to be held in said city for the year A.D. 1925. And provided that at the general election to be held in said city for the year 1925 and at every general election held in said city thereafter, there shall be three (3) members of said City Commission elected, the two (2) of whom receiving the highest number of votes at such eleotion shall hold office fro the said term of four years". CITY MANAGER. "Section 15: "SUPPORTIVE DOCUMENTS FOLLOW" The Commission shall within thirty (30) days after taking office appoint a City Manager who shall be the adminis- trative head of the munioipal government and shall be responsible for the effioient administration of all departments and may be the head of such department as the Commission may by ordinance provide. He shall be ohosen on the basis of his exeoutive and administrative qualifications. He may or may not be a resident of the City of Miami or the State of Florida. No member of the City Commission shall be appointed City Manager. He shall hold office at the will of the Commission. He shall receive such salary as may be fixed by the Commission. In case of the sickness or absence of the City Manager the City Commission may appoint another person, not a member of the City Coatssion to aot for the City Manager during his siokness or absence and the person so appointed may, during the absenoe of sickness of the City Manager, act for him and perform all his duties and all such acts of the person so appointed shall be as valid as though performed by the City Manager. The person appointed by the City Commission to aot as City Manager during the absence or sickness of the City Manager shall not be entitled to or be paid any compensation for his servioes as such City Manager by the City of Miami." "Section 30: Upon receipt of the budget estimate the commission shall prepare an appropriation ordinanoe using the manager's estimate as a basis. Provision shall be made for public hearings on the proposed appropriation ordinance before the commission sitting as a committee of the whole. The Commission shall not pass the appropriation ordinance sooner than one week after the beginning of the fiscal year to which it is to apply, but shall pass said ordinance within four weeks after the beginning of the fiscal year. The fiscal year of the City shall begin with the first day of July of each year and shall end with the thirtieth day of June of the following year". "SUPPORTIVE DOCUMENTS FOLLOW" • • "Election 57: The City of Miami, by ordinanoe or resolution of its City Commission, may issue from time to time revenue bonds of the oity bearing interest at not more than 8% per annum and matruing not more than one year from their date, for the purpose of providing funds in anticipation of taxes theretofore levied, and may issue refunding revenue bonds, with like limitations upon interest and maturity, when deemed neoessary to provide for the payment of any such revenue bonds or revenue refunding bonds at their maturity; before the passage of any such ordinance or resolution authorizing revenue bonds, the Director of Finance shall submit to the City Commission a statement of (1): the amount of all uncollected taxes, levied for the last two preoeding annual tax levies, itemized as to purposes for which levied and as to the funds into which the same are to be paid when collected; (2): the fact amount of all outstanding temporary obligations, meaning thereby the face amount of all bonds, notes, warrants and other City obligations to pay money which are then outstanding and which have no flied maturity, or which by their terms, mature within one year from the date of such statement; (3): the amount of taxes levied,. whether collected or not, and special assessments actually collected, which are applicable to any of such outstanding temporary obligations. The sum by which such outstanding temporary obligations exceed such taxes and assessments applioable thereto, shall be termed "net temporary debt" in this section. The substance of such statement of the Director of Finance shall be recited in said ordinance or resolution and no revenue bonds shall therein be authorized whose amount, together with revenue bonds theretofore authorized but unissued, and together with the amount of such net temporary debt, shall exceed 75% of the amount of such uncollected taxes levied for the last two preoeding annual tax levied. Such revenue bonds and refunding revenue bonds shall be sold by the City Commission upon such terms as it may eleot, but shall not be sold at less than par value except by a vote of at least four -fifths of the members- eleot of the City Commission, and then at a price of not less than $99 on $100; provided, however, that said ordinance or resolution may authorize the Director of Finance to sell the bonds authorized by it at one time or from time to time in his discretion and as he deems for the best interest of the city; but any such authority to the Director of Finance shall specify the nieximum amount of bonds to be issued, the maximum rate of interest and the minimum price for which they may be sold. The proceeds of said revenue bonds shall be paid into the Treasurey of the municipality to the credit. of any one or more of the funds for which such uncollected taxes were levied in such amount and to such fund or funds as may be specified in such resolution or ordinance, but the City Commission shall not appropriate any greater amount of such proceeds into any one fund than can be repaid therefrom to :meet the rayment of such bonds at their maturity; provided, however, that the validity of any such bonds shallnot be affected by failure of the City Commission to comply with the last mentioned direction. The proceeds of such refunding revenue bonds shall be applied solely to the payment of the bonds for whose retirement they shall be issued. For the payment of said revenue bonds and refunding revenue bonds and the interest thereon, at such place or places in Florida,, or elsewhere, as may be designated by the City Commission, the City Commission is hereby authorized to levy sufficient taxes "SUPPORTIVE DOCUMENTS FOLLOW" upon all the taiabie property within the City of Miami, Ov.r and above all other taxes authorized or limited by law, and the said bonds shall be the absolute, direct and general Obligations of the City of Miami. In eaoh year, et the time of the annual tax levy, there shall be included therein a tax for the payment of the principal and interest of any revenue bonds which have matured and remain unpaid and any refunding revenue bonds, whether matured or not. It shall be the duty, of the City Commission, after the authorization of any revenue bonds or refunding revenue bonds, to reserve from tales theretofore levied a sum sufficient to meet the payment of such bonds at maturity, and interest thereon, pro- vided, however, that the issuance of any or all bonds so authorized may be revoked by ordinance or resolution of the City Commission, thereby reducing the amount of authorized bonds and pro tanto reduoing the amount of taxes which must be reserved for their payment. It shall not be neoessary to submit any suoh bonds to a vote of any eleotors and any ordinance or resolution authorizing said bonds may be in force and effeotfrom and after its passage and approval, if so deolared in the ordinance or resolution". "Section 81: No exclusive franchise or eitention or renewal thereof shall ever be granted." And proposing for enaotment the following additional amendments to the City Chart er:------------------.. .. _ ._..__ "SUPPORTIVE DOCUMENTS FOLLOW" "Yn making the collection of assessments for .ti cost of improvements for whose ooet bonds, shall be condo traoted to be.sold after the taking effect of: this.,Aot,,;:. to keep the assessments so oolleoted in separate fundi 'ine::n a000rdance with the provisions of Seotion 58 of the City Charter or to place the same in a single new fund properly designated, which new fund shall be pledged to and used solely for the payment of the principal and interest of all,, bonds that may be issued under said Seotion 56 for the construction of the improvements for which the assessments to be placed in such new fund were made until all of said bonds and interest shall have been fully paid; In assessing the cost of improvements as defied in Section 56 of the City Charter or by this Act, to make allowances and grant credit to property owners for improve- ments previously made by such property owners t.) the extent, and only to the extent, that said existing improvements shall be of value and utility as a party of the improvements for which such assessment is made, and to prescribe a plan or system for fixing and determining said allowance and credits." • "D0SUPPUMENTS FOLLOW" • 4 ; • ; n •Uf -." the- aillesemente Ot lat4t.k.-thie.....i Otlit fOr taxation, whenever any such landAshall,:. • been surveyed or subdivided and platted into *Mall traots designated as lots or blocks or otherwise, and the owner of any land embraced in the said survey or subdivision shall have recognized such survey or subdivision by •-- reference thereto in making any conveyance of land therein, or by selling any land therein by reference thereto, then, and in that event, the land embraced in such subdivision may be described for assessment purposes by reference to such subdivision whether any plat thereof shall have been recorded or not." "SUPPORTIVE DOCUMENTS F')LLCV" 'The City Oommission. of said qityfriptial rr+l a to cause lateral. connections and building ,00nneotioni ;star, sewerage purposes to be made and to providefor.lbeiparleg of the cost thereof. The term 'laterals' when used in this section '! be oonstrued to mean those laterals extending .frO*;;sn7 sanitary service sewer or storm sewer to the line of the, adjacent property or to the curb line, as the :City .Commission. -_ may prescribe. The term 'building connections' shall be construed. to mean the oonneotions extending from the said laterals at the property line or at the curb line to the house or plumbing fixtures on the property to be served. The City Commission shall provide for the location of laterals in such manner as to provide sufficient sewer outlets for all property so far as they may find the same necessary and practicable. The said laterals may be constructed as a part of any new sanitary or storm sewer improvements made under the provisions of Section 50 of the City Charter. If said improvement be the construction of a sanitary sewer, all the cost of the laterals shall be added to that part of the cost of the banitary sewer which is to be assessed against abutting property, in proportion to frontage, under said Section 55, in determining the amount of the cost of such sewer Improvement to be borne by the abutting property. If such improvement be the construction of a storm sewer, one- third of the cost of the laterals and of the storm sewer, with a proportionate part of the incidental expenses, shall be borne by the City, and the remainder shall be ap.p.rotioned between the lots a,n1 parcels of land within the storm sewer district, in proportion to, and not in excess of the special benefits received. These provisions relate +`���P liuirary ART1VE DOCUMENTS FOLLOW" aseessasnt roll praridad tot ;if: saia Swetiof iOt restrict the City frosparings iarger stars ,off .such said laterals say also b• constructed as *separate: r or- isprovsments., where they- sr* to- oonnoot try 0. storm sewers theretofore Said without such aonn•nttoAs,' which case the cost of each lateral shall bs. »s 4 by the- amass; of the premises to which, or to the curb line of which, it le constructed, and shall constitute a lien upon such 1rss►iasa3•.'Or., at,the option of the City Commission, all or any laterals UM. are practically uniform in cost and kind may be inOluded in one improvement, and the total cost of such improvement and incidental expenses may be assessed upon and apportioned between the lots and parcels of land with which or with the curb lines of which, the laterals are connected, in proportion to, and not in excess of, the special benefits received, in the manner and with the effect provided by Section 56 of the Charter for the apportionment of the expense of a storm sewer improvement. Where alterals shall hate.been constructed, the City Commission may require property owners to connect their premises with the laterals and may provide by general ordinance that in case of their refusal after notice given, te said connection shall be made by the City and that t'_e cost thereof shall constit'..Ite a lien upon the house, land an : premises thereby afflicted. The notice lest above provided for may oe by service on the owner of the property or the agent who collects his rents, L•r the ocui.ar.t of said property, or in case the said property is unimproved, by postinE s.ich notice on the property. The City Commission shall have power to authorize and require the use of surface privies ar.,-, cesspools or other devices for the disposal of sewage where connection with sanitary service seers is deemed by the City Co:t:ission to be "SUPPORTIVE DOCUMENTS F LLO W" iMpraotioable, and to regulate and control ''the construction, maintena oe, care and use .of:the •gme, ani compel the payment to said City of reasonable Charges fot+, its sanitary services in connection therewith, and to.ftake said charges a lien upon the houses, lands and premises served. Or the City Commission shall have pourer where connection with sanitary service sewers is deemed by the dity Commission to be practicable, to prohibit, destroy and forbid-' the use of surface privies and cesspools and all other devices for the disposal of sewage except sanitary service sewers. The assessments and charges in this section provided for, shall constitute liens, all of which shall be of the same nature, and to the same extent, as the lien for general city taxes, and such liens shall date from the date of the passage of the resolution ordering the improvement, or where, under the provisions of Section 56 of the City Charter, such resolution must be confirm:id by another resolution, then from the date of the passage of such confirmatory resolution. Such liens shall be collectible in the same manner and with the same penalties, and under the same provisions as to sale and forfeiture as city taxes are collectible, and shall also be collectible in a.ny =winner authorized by sai' Section 56 of the City Tarter for the ccllection of sl.ecialassessments."' PASSED AND ADOPTED This day of January, 1923. ATTEST: /7,-/C:L/ ty Clerk, Mayor.