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HomeMy WebLinkAboutO-08515.ORDINANCE AN EMERGENCY ORDINANCE RROVIDINO FOR THE t-tOLbINO OF A. SPECIAL EONO ELECTION IN THE CITY of MIAMI) FLORIDA, oN MARCH 9, 1576, UPON THE QUEETIoN OF 18SUIt'10 $25, 000, 000 ttoU8INO 130NDE of BAIb CITY; REPEALING ORDINANCE NO. 8512; ANb DI8PEN8I d WITH THE REAbINO OF THIS ORDINANCE oN TWQ SEPARATE bAYS EY A V0TEOP NOT LESS THAN FOUR -FIFTHS OF THE COMMI881oN. WHEREAS, the Commission of the City of Miami in ordinance No. 8514 has determined, found and declared that there exists in the City of Miami a serious shortageof safe and sanitary dwelling accommodations available at rents and costs which families and persons,including the elderly, of low/income, can afford and that the shortage of such dwelling or accommodations cannot be relieved through Federal housing programs as presently administered or through existing public or private housing programs without the assistance provided herein and such shortage of dwelling accommodations constitutes a menace to the health, safety, morals and welfare of the people of the City, impairs economic values and imposes exces- sive burdens upon the City's financing of public works and facilities; and WHEREAS, such finding and declaration by the Commission constitutes an emergency, which creates a need for a special bond election at the earliest possible date; and WHEREAS, there will be an election scheduled on March 9, 1976, on which election the question of issuing the proposed $25,000,000 housing bond issue is to be presented to the voters of the City of Miami; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF TUUE CITY OF MIAMI, FLORIDA: Section 1. Notice of the special bond election heretoz, fore called by Ordinance No. 8514 to be held on Tuesday, March 9, 1976, shall be officially published in The Miami NeWs and The Miami Herald, and shall be published for -informational purposes only, in Spanish, in biario Las Americas (newspapers of general circulation published in the city of Miami, Florida), at least once each week for four consecutiVe weeks before said election, the date of the first publication in each of said. newspapers to be at least thirty (30) days before said election, which notice shall be substantially in the following form NOTICE OF SPECIAL BOND ELECTION To Be Held On TUESDAY , MARCIH 9, 1976 in THE CITY OF MIAMI, FLORIDA As provided by Ordinance No. 8514`duly adopted by the Commission of the City of Miami, Florida, a special election will be held on Tuesday, March 9, 1976 for the purpose of submitting to the qualified electors of. the City of Miami, Florida, the following question: Shall bonds of the. City of Miami in an amount not exceeding $25,000,000 be issued under Ordinance No. 8514 to provide housing in the City of Miami for families and persons of low or moderate income qualifying therefor under the then applicable law, by using the proceeds of the bonds to assist Dade County in financing such housingin. the City of Miami or to increase the security of any Dade County Obligations issued for such housing in the City of Miami, such bonds to mature in annual install- ments,not exceeding thirty (30) years from their respective dates,. to bear interest at a rate or rates not exceeding the maximum lawful rate at, the time of sale, and to be payable from ad valorem taxes? The ordihai ce. authetritihq the issuance of the boftds !item tiohed above ptoV ides that for the prompt pa imeht of the principal of and the interest oh the bonds there shall be levied and collected annually a general taX Upon ail taXable property within the City of Miami# over and above all other taxes authorized to be levied by the City of Miami, sufficient to pay such principal: and interest as the same respectively become due and payable. The Commission of the City of Miami reserves theright to make all or a part of the bonds redeemable prior to their respective maturities at such times and prices and under such terms and conditions as may be fixed by resolution prior to the sale of the bonds The polls at said election will be open from 7:00 o'clock A.M. until 7:00 P.M. on said date, and the polling places to be used in said special bond election shall be those designated by Metropolitan Dade County for such purpose. In accordance with the Constitution and election laws of the State of Florida, the Charter of the City of Miami and the decisions of the Florida Supreme Court in State v. City of Miami Beach, 245.So. 2d 863 (Fla. 1971) and State v. City of Miami, 260 So. 2d 497 (Fla. 1972), the Commission of the City, of Miami has determined to hold a special bond election at which all qualified electors of the City shall be entitled to vote. Accordingly, there shall be entitled to vote in the special bond election to which this notice pertains all qualified electors of the City, of Miami, Florida. The City of Miami shall beauthorized to issue the bonds, covered by the question hereinabove set forth if such issuance shall have been approved by Vote of; a ,triajotity of the qualified electors of the city of Miami voting thereon, By order of the Commission of the City of Miami, Florida. Section 2. City Clerk 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 special bond election 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 Dade County, in conformity with the provisions of the general laws of the state, are hereby adopted and declared to be, and shall hereafter be recognized and'accepted as, official registration cards, books, records .and certificates of the City. Section 3. Said special bond election shall be held at. the voting places in the several precincts, respectively, in the City as set forth in the foregoing NOTICE OF SPECIAL BOND ELECTION. The inspectors and clerks of election appointed for each precinct in the City by the Board of Commissioners for Dade County -for the presidential preference primary to be held on March 9, 1976, shall be the election officers. who shall conduct said special bond election. Section 4. The Supervisor of Elections of Dade County is hereby requested, authorized and directed to furnish, at the cost and expense of the City of Miami, a list of all qualified electors the, City of Miami as;shoWh by the registration books, and redotds of his office atd to dulyoettify the same for delivery to and tise of the election officer's designated to ;sere at the respective polling places ill said election precincts& Section.5. The City Clerk of the City. of Miami,.Vlorida, is hereby designated and appointed as the official representatitie of the Commission in all transactions with the Supervisor of Elections of Dade County in relation to matters pertaining to the use of the registration books and the holding of said special bond election. Section 6. The ballot used in said special bond election for voting on the question submitted shall be that portion of the cardboard or paper or other material within theballot frames of the voting machines which will contain a statement of the question submitted substantially in the following form: Shall bonds of the City of Miami in an amount not exceeding $25,000,000 be issued under Ordinance No. 8514 to provide housing in the City of Miami for families and persons of low or moderate income qualifying therefor under the then applicable law, by using .the proceeds of the bonds to assist Dade County, in financing such housing in the, City of Miami or to increase the security of any Dade County Obligations issued for such housing in the City of Miami, such bonds to mature in annual install- ments not exceeding thirty (30) years from their respective dates, to bear interest at a rate or rates not exceeding the maximum lawful rate at the time of sale, and to be payable from ad valorem taxes? Section 7. Electors desiring to vote for the issuance of said bonds shall be instructed to turn down the pointer or lever over the word "FOR" within the ballot frame containing the. statement of the question relating to such bonds, and electors desiring to vote against the issuance of said bonds shall be instructed to turn down the pointer or lever over the word "AdAINST" Within the ballot frame eontaihing the Staten eft cif the q estiOn relating to such bonds: Section 9. The City Clerk .shall cause to be prepared absentee ballots containing the questions set forth in Section 6 above for the use of absent electors entitled to cast such ballots in said election. Section 9. Ordinance No. 8512, passed and adopted January 22, 1976, be and is hereby repealed. Section 10. This Ordinance shall go into effect immediately upon its passage and shall not be subject to the right of refer- endum as an ordinance. Section 11. The requirement of reading this Ordinance on two separate days is dispensed with by, a vote of not less than four -fifths of the members of the Commission. This Ordinance is an emergency ordinance for the reasons stated in said Ordinance No. 8514 and this Ordinance shall not be subject to the require- ments of Section,166.041(3)(a), Florida Statutes (such four -fifths. vote being more than the two-thirds vote required for the enactment of emergency ordinances by Section 166.041(3)(b), Florida Statutes). PASSED AND ADOPTED this 4th day of February 1976. MAURICE A. FERRE ATTEST: CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: :7 MAYOR .