HomeMy WebLinkAboutO-08540'C%ft
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oRMNANCE
AN EMERGENCY ORbiNANCE AUI HatitiNG THE
CONTRACTING OE A LOAN FOR PAYING THE
COST OP OPF=STREET PARXING PACILITIES
WITHIN THE CORPORATE LIMITS OP THE CITY
Off' MIAMI ANb PLEWING PUNKS FOR THE
PAYMENT OF SUCH LOAN; ItEPEAtING ALL
ORbINANCESANb CObt SECTIONS IN CONFLICT
THBREOF, INSOFAR AS THEY ARE IN CONFLICT;
AND CONTAINING A StVBRAEILITY PROVISION.
WHEREAS, the greatly increased use by the public of
motor vehicles of. all kinds has caused serious traffic congestion
in the City of Miami (hereinafter sometimes called the "City");
such traffic congestion impedes the free circulation of traffic
in, through and from the City, and the rapid and effective fight-
ing of fires and disposition of police forces, and endangers the
health, safety and general welfare of the public; such congestion.
will be greatly relieved by making provision for additional off-
street parking facilities by the City is necessary for the protec-
tion and preservation of the peace, health, safety and property of
the City and its inhabitants; and
WHEREAS, the City is authorized and empowered to
construct, reconstruct, equip, improve, extend, enlarge, maintain,
repair and operate parking facilities within the corporate limits
of the City; and
WHEREAS, the Off -Street parking Board of the City of
Miami created by Section 23-A of the City Charter (hereinafter
sometimes called the "Board"( has caused Ramp Consulting Services,
Inc., of Manhasset, L. I., New York (herein called the "Parking
Consultants") to male purveys and to report to the Board the
locations within the Citywhere additional off-street parking
faoi .ities are urgently needed at the present time, and
. Wt E tEAS j the ' Eoard has entered into a-Mettiot4hdUtti of
agreement with, the gtate_of Ilorida Departmeht,of Ttahspottatioh
whereby said bepartment will lease certain area under the e)tpress�
way system in the City of Miami (being the locations recommended
by the Parking Consultants for additional off-street parking
facilities and being herein called the ''leased site") to the'Board
for forty (40) years at a rental'of $1.00 per annum; and
WHEREAS, the Board in accordance with the recommenda-
tions.of the Parking Consultants proposes'to pave, light, landscape,
provide. drainage and install meters on`the leased site,and-operate
the.same as a part of the Off -Street Parking Facilities (as
defined in Ordinance No. 7414, adopted by the City Commission
on March14,1966, as amended; and
WHEREAS, the City Commission is authorized and empowered
by Section 169.01, Florida. Statutes, to contract loans for the use
of the City and to pledge funds for the payment of such loans;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF
THE CITY OF MIAMI, FLORIDA:
Section 1. For the purpose of providing funds for
paying a part of the cost of expanding parking facilities, a
loan in the aggregate principal amount of One Million ($1,000,000)
Dollars is hereby authorized, and to evidence such loan there
shall be issued under and secured by this ordinance a note of the
City.Said note shall be dated as of the date r
of said delivery
and shall bear interest from such date at the rate of six and
one -quarter per 'centum.(6 %) per annum payable quarterly.
Section 2 Said note shalt hear the facsimile s
g-
nature of the Mayor of. the City and shall ire sighed, by the City
Clerk, and the corporate seal of the City shall be im1i*essed
on the note, Said note and the endorsements thereon shall be
in substantially the folloWing forms:
$1,000,000
UNITED STATES OF AMERICA
STATE OF FLORIDA
COUNTY OF DADE
THE CITY OF.MIAMI
The, City of Miami (herein called the "City"), a
municipal corporation in the County of Dade, State of Florida,
for value received, hereby promises to pay, solely fromthe
special fund provided therefor as hereinafter set forth, to
Southeast First National Bank of Miami or order, in quarterly
installments as hereinafter provided, upon the presentation and
endorsement hereof at the Southeast First National Bank of Miami,
in the City of Miami, Florida, the principal sum of
ONE MILLION DOLLARS
in any coin or currency of the United States of. America which on,
the dates of payment thereof is legal tender for the payment of
public and private debts, and to pay, solely from said special
fund, to the owner hereof by check or draft mailed tothe owner
interest from the date hereof on said principal sum orthe un-
paid balance thereof at the rate of six and one quarter per
centum (61%) per annum until payment of such principal sum, such
interest being payable quarterly, until this note shall have been
paid. The principal of this note shall be paid $150,000 at end
of second year and balance on final due date. This note shall
riot be deemed to donstitute a debt of the city at a pledge of
the faith and credit of the city, but shah be Sayable solely
froth the special fund prodded therefor. The city is not
obligated to pay this note or the interest hereon eXcept ftom
'such special fund and the faith and credit of the city are not
pledged to the payment of such principal or interest. The
issuance of this note shall not directly or indirectly or
contingently obligate the City to levy or to pledge any tastes
whatever therefor or to make any appropriation for the payment
of this note or the interest hereon except from such special fund.
The principal of and the interest on this note are
payable solely from moneys deposited to the credit of the special
fund created by Ordinance No. 7414,, which was adopted by the City
Commission on March 14, 1966, as amended by Ordinance No.7452,
adopted on July 14, 1966 and Ordinance No. 7517, adopted on
February 8, 1967, and designated "Miami Parking Facilities General
Reserve Fund" (therein and herein called the "General Reserve
Fund"), which moneys are pledged to and charged with the payment
of such principal and interest, such pledge being subject to all
of theprovisions of said Ordinance No. 7414, as amended.
This note is issued under and pursuant to the laws of
the State of Florida, including Chapter 166, Florida Statutes,
and an ordinance duly adopted by the City Commission on
APRIL 3
, 1976, reference to which and to, said
Ordinance No. 7414, as amended, is hereby made for the rights of
the owner of this note.
The City reserves" the right to pay and redeem the
principal of this note or the unpaid balance thereof at any time
froth an
y trioneys that may be available fat such purpose, or any
part of such principal from moneys in the deneral.iteserVe Fund,
on any interest payment date without the payment of any redemp-
tion premium; provided, however, that in accordance with the
terms of the note it is agreed that $150,000 will be paid against
the principal within three years from date of issue of this note,
and that there shall also be paid the interest accrued on such
amount from the date of this note or the date of the last interest
payment, whichever shall be later, to the date of such payment.
Until the principal of and the interest on this note shall be
paid in full or provision made for such payment, all deposits to
the credit of the General Reserve Fund shall be made with the
Southeast First National Bank of Miami, as Trustee under said
ordinance No. 7414, as amended, and the Treasurer of the Depart-
ment of Off -Street Parking of the City shall, from time to time
as moneys are so deposited, give notice to the owner of this
note to present the same to the Trustee for payment and cancella-
tion or, in the case of any payment ofpart of the principal,for
the endorsement thereon of the amount so paid.
This note is not transferable or assignable except on
the books of Southeast First National Bank of Miami.
All acts, conditions and things required by the Consti-
tution and laws of the State of Florida and the ordinances and
resolutions of the City to happen, exist and be performed precedent
t0, and in the issUande of this note Bare happenedekist and ha'ie
been perfortiied as So required.
IN WITNESS WHEREOF ► the City of Miami has caused this.
note to bear the facsimile:signatUre of itb' Mayor andto be
signed by its City Clerk and its corporate seal to be impressed
hereon, all as of the day of._.
1976.
(SEAL)
(Facsimile Signature)
Mayor
City Clerk
The following sums have been paid on the principal, of
this note together with the interest accrued on each such sum
untilthe date of such payment:
Amount
paid
Date of Signature
payment of Trustee
Section 3. The proceeds of said note, together with
other moneys available for such purpose, shall be deposited with
said Southeast First National Bank of Miami to the credit of The
General Reserve Fund and applied by the Board .to the payment of
the various items in accordance with the provisions of Section 406
of said Ordinance
No, 7414
visions may be applicabl
as amended, in so far as such pro-
5ectioh 4: Ali ordifandesr code sectiohs or parts
thereof ih conflict he"eNiith, insofar as they ate ih conflict,
are hereby repealed:
Section 5e, If any section, sentence, clause, phrase,
or word of this ordinanceis for any reason held. or declared to
be Unconstitutional, inoperative or void, such holding of
validity shall not affect the remaining portions of this
ordinance, and it shall be construed to have been the intent of
the Commission of the City of Miami to pass this ordinance without
such unconstitutional, invalid, or inoperative part therein; and
the remainder of this ordinance, after the exclusion of such part
or parts shall be deemed andheld to be valid as if such parts
had not been included therein.
Section 6. This ordinance is hereby declared to be an
emergency measure on the ground of urgent public need.
Section 7e This ordinance shall take effect immediately.
Section 8. The requirement of reading this ordinance on
two separate days is hereby dispensed with by a vote of not less
than four fifths of the members of the Commission.
PASSED AND ADOPTED BY TITLE ONLY this 8 day of
APRIL 1976.
Attest:
(!
J
I`'1AURICE A, FERRE
in-
MAYOR:
SOUTHERN
City Clerk
PREPARED AND APPROVED BY:-17 ayt%
Robert F. Clark, Assistant City Attorney
APPROVED _'.$ TO FOR AND CORRECTNESS:
hn_ S. W-.Qyd,. City Atto
;t,E,GAL
All 1tltetested t4fl1 .take tt tite that oi% the gth day of Aptii1, 1 1
the City Comtitissiiitt of Hiam Florida adopted the following titled Otditiattees:
OR,LINAtVCE NO,/ ...
8540
AN EMERGENCY ORDINANCE AUTHORIZING THE
CONTRACTING OF A LOAN POR PAYING. THE
COST OF OFF-STREET PAAXIMO FACILITIES
IITHIN TtIE CORPORATE LIMITS OPTHE CITY
OP MIAMI AND PLEDGING FUNDS FOR THE
PAYMENT OF SUCH LOAN; REPEALING ALL
ORDINANCES AND CODE SECTIONS IN CONFLICT
THEREOF, INSOFAR AS THEY ARE IN CONFLICT
AND CONTAINING A SEVERABILITY PROVISION.
ORDINANCE NO. 8541
AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO.
6871, THE'CO1PREHENSIVE ZONING ORDINANCE.FOR
THE CITY OF MIAMI, lY ADDING 2 UNNUMBERED PARAGRAPHS' TO
SUBSECTION (2) OF SECTION 17, ARTICLE IV ENTITLED FENCES,
WALLS AND HEDGES, TO PROVIDE FOR A REQUIREMENT',
OF A 6 FOOT WALL'BETWEEN NON-RESIDENTIAL AND
RESIDENTIAL PROPERTY; AND TO LIMIT THE USE OrDANGEROUS
MATERIALS INCORPORATED IN FENCES AND WALLS; REPEALING
ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CON-
FLICT INSOFAR AS THEY ARE IN CONFLICT;•AND CONTAINING'A
SEVERABILITY PROVISION.,
ORDINANCE NO. 8542
AN ORDINANCE. AMENDING PARAGRAPHS 1 AND 2 OF
SECTION : 39-13. 1 OF THE CODE OF THE CITY OF
MINlI, FLORIDA,: F01t THE PURPOSE OF REVISING
THE A1•1OU? T CHIARGED FOR CITY OF MIAMI GOLF
COURSE GREEN FEES; REPEALING ALL ORDINANCES,
CODE SECTIONS OR PARTS THEREOF IN CONFLICT,
INSOFAR AS THEY ARE IN CONFLICT; CONTAINING
A SEVERABILITY PROVISION; DECLARING THIS
ORDINANCE TO 13E AN RGi (CY MEASURE; AND
DISPENSING WITH TUC REQUIREMENT OF READING
THE SAME ON TWO SEPARATE DAYS 13Y A VOTE OF
NOT LESS THAN FOUR--VIFTHS OF TUE I•I:%:113EItS OF
TIIE COMMISSION; AND CONTAINING AN EFFECTIVE
DAM
B O), SOUTIITR)4
CITY CLERK
MIAMI PIEVI W
ANB BAIL," Re881413
PutMltrtf bat toot atf tdiy, sn end
tea tbtttf1r
t lieki, bark ottitty, i ttiri�b.
§PAt@ 8P fLbbfbA
bbUNf 6t bAbb:
befati the uhdsfifkned euth6rity beraaitfllli at�r
�fifed Ruth Glitter W o on bath says that f e if
Afflitant to the Publisher of the Miami Review ehd
Daily Record., a daily• (ekeept SatUrtleyr Sunhday end
Legal •..Holidays) newspaper published et - Warn, In
- Dade County Florida; that the Antitheft 8opy bf adver+
tiiernent, being a Legal Advertisement or Notice in
the matte bf
OI2blNM4CE8 8S40 L
8541 and 8542 r etc.,
In the ItXX Court,
was published In said hoe/teepee in the issues bf
April 16 r 1976
Afflant further says that the said Miaini Review
and Daily Record is a newspaper published at Miami,
In "said Dade County. Florida, and that the said news-
paper has heretofore been continuously published In
said Dade County Florida, each day (except Saturday,
Sunday and Legal Holidays) and has been entered as
second class mall matter et the post o;fice in Miami,
in said Dade County, Florida, for a period of one year
next preceding the first publication of the attached
copy of advertisement; and arfiant further says that
she has neither pald nor promised any person, firm
or corporation any discount, rebate, commission or
refund for the purpose of securing this advertisement
for publication In the said newspaper.
Sworn to and sultscitbed before me this
(SEAL)
My commssion expires June,ti:1979.,,•"
l?lii, B ii t' it-:k tt •thoht
t.%:rsAt i�PFir Ff
All ititer4<teri will 'hike hotit?i`~ that 'kin lhp ts`th;ttnr etApiti, i
tite 'City 'telling ttinn rrf :ltiriml, Florida rieRiptn,1-the foiiri iftr: titled
tfriilnatieeet -
ORbi4AC : o. c;to
Aft (01,=
• ')'RACTIN(t, OF' A i OA&ii. FOR . PA tt(i T1* COST- fiP
• OFt'`-S'rREk:TYARKTtiG FACtIATIk'S.i�f ti1t� .,t'Nl, ibit
.'POIIA7 F1 I.IMr7S tilig cr't'Y or: ti1_rAMtt AN) PLEIX1-
IW(4' FUNMS Von rtii PAVSIEN r - or Stich LOAN:
R>:PFALIN() AL ORDiNAN•CES .ltir) COii' sr.CTtOxs
IN CONFLICT-'FII1MtEOF:iN 0tAit:AS itlIFN
CONFLICT: ANT), . CONTAINiNG A, SEVEFIAIItLIlt )•
.PROV1SI0N.
•
oltt)1\A�`CIs NO: sM
S Eat' 1t'W.Nci' O'l IS ANCE AMIENf1I;`Lf: ort)IS:AtiCi:
NO. 11,73. •nu: ti..,Im '1tr..TIENSiVIs zoXtNc. (oft-)INANCE
volt TIII' CiTY OF 111.A31I. i;5' .At:34N,; ' ^_ UNNUM-
BERED PAl&AGiitAI';Iti 'Iil eL:l;>>k::;1 i•a:< fir Ilh'-=I•ii'Tit)
.11. AR7TCLF: IV IINTI1'LED.• k'FN::k:S, WALLS .AND
•)LE Dr:FS, 1'0 +PItOViDE IFOR A :At E()lltltFi;tfk;.NT ' OF' A
C FOOT .WAL1, I3ET\WEEN,. NON41ES/OP NTfAt. ' AND .
ItESIDENTJAL t'itOPERTY: .r0;•L),TI1''THE ti:IE .
OF 'DANGX1100s MATERIALS INCORPORATED IN
FEC'ES .AND WALLS: 'REPEALING ALL CRbtNANCES.
COOS: zt•:.:T10N5 011. PARTS TItERt•.O1" iN•"'COFI.St`.T'''
NSOk{AIt AS T)IEY ARE' IN C'_iNFLICT; ANT, 't'ONTAtN-
INC .a. Si+:Vk:•11Atit 1.1'1'Y PROVISION,
(11t01NANCk NO. fisrt2;
-A::. ontliNA CI:.l it•s1)11ti!: P.IRAc.nAT'I;1 1 .l\D '? OP
;el':t;TION .Ui-t3.1 OF' TiHE CODE OF 71li:.17TrY t;F iiL\\I1.
F1.UIt1L'A I:J t 'I'IL1' 'PT'Ttt'OSE OF' it`P:l'JS1NG Tll
AMOUNT C')1- lW1'D F<:ill r_ITS' OF' MIAMI C0I.F' 4Ot;itSk:
t:ItEFN FEES': ' 1:ht'EALING AT:T. ORDINANCES. 'CODE
r` SECTION V1t:l'.\'11Ts THEREOF 7N'CONFLICT, INaC)-
FAR AS '11IEY ARE IN 'CONFLICT: Ct-rNTAINtN4 A .
SEVEFIAHiLITY' ritOVh tON. Dk:CLAR)Nt: '1')fl gi't1)1
ANC'k: To I1E AN 1') 11 R;,ENCY l)EASt:1tt':: AND Dt4-
I''k:NS1 J V;'11'I1 7'iI1 1.:Qt'1REMEN1' OF I:F..1t7I\i.: THE'.
SAME: ON 'FtVt) SDPAItATE i'.;YS 131' A VOTE Ok' NOT;
LF;;. THAN Fot'it-Flk'1'IIS OF T111•: 31E\171ET:S'Ok'.TiIF.-
C+)NTAINING AN EFFF:CTtVE DATE.
. 1 , D. SOUTHERN
'CITY CLERK '•
PutiVi.p1:+4; d ibis .,n the 1Cttt ,fey 01 :\soli.- Mg.'
t; iti 31 3072.1
CITY OF MIAMI, FLORIDA
INTEROFFICE MEMORANDUM
To Mayor Maurice A, Ferre
Vice Mayor Rose Gordon
Commissioner Rev, Theodore R, Gibson
Commissioner J, L: Plummer, Jr,
Commissioner Manolo Reboso
FROM
Mitchell Wolfson
Chairman
Off"Street Parking Board
DATE
f
r
April 6, 19,6
FILE
Proposed Ordinance to be Adopted
by the City Commission
After much discussion and upon the advice of our Parking Consultant, Financial
Consultant and Bond Counsel, the Off -Street Parking Board passed Resolution No,
75-517 on October 23, 1975, authorizing the borrowing of $1,000,000 at a local
bank in order for the Department of Off -Street Parking to construct the follow-
ing projects:
PROJECT
(a) Parking Lots No.49 & 51 (Friendship Plaza)
Under I-395, Boulevard & NE 12 St.
(b) Parking Lot in Decorators Row
Under Airport Expressway at NE 37th St.,
between Miami Avenue & NE 2nd Avenue
(c) Surface Parking Lot at NW 12th Avenue,
south of Md 14th Street
(d) Surface Parking Lot - NCCH
NW 12th Avenue, north of NW 14th Street
ESTIMATE
$280,000
327,000
309,000
57,000
(e) Repayment of funds advanced for final payment of construction of Parking Garage
No.4 at 190 NE Third Street, and improvement and development of other surface
parking lots, etc.
In the interest of all motorists, residents, employees and visitors in the City
of Miami, we urge you to adopt the proposed ordinance authorizing contracting of
a loan for paying the cost of off-street parking facilities within the corporate
limits of the City of Miami and pledging funds for the payment of such loan. The
Department of Off -Street Parking will make payments of principal and interest in
accordance with the terms of the note.
Thank you for your cooperation.
MW/mfw
i.; ad:Srr
r•
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
* * * * * * * * * *
On the 8th day of April, 1976 ,the City Commission of Miami,
Florida met at its regular meeting place in the City Hall, 3500 Pan
American Drive, Miami, Florida, in regular session.
The meeting was called to order at 9:00 OtClock A.M. by Mayor
Maurice A. Ferre with the following members of the Commission found to
be present:
ALSO PRESENT:
Commissioner Manolo Reboso
Commissioner (Rev.) Theodore R. Gibson
Commissioner J. . Plummer, Jr.
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre
P. W. Andrews, City Manager
A. P. Crouch, Assistant City Manager
John S. Lloyd, City Attorney
H. D. Southern, City Clerk
Ralph G. Ongie, Assistant City Clerk
An invocation was delivered by Reverend Gibson who then led those
present in a pledge of allegiance to the flag.
A motion to waive the reading of the minutes was introduced and
seconded and was passed unanimously.
* * *
AUTHORIZE LOAN FOR PAYING COST OF OFF-STREET PARKING FACILITIES:
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AUTHORIZING THE CONTRACTING OF A LOAN
FOR PAYING TIME COST OF OFF-STREET PARKING FACILITIES
WITHIN THE CORPORATE LIMITS OF THE CITY OF MIAMI AND
PLEDGING FUNDS FOR THE PAYMENT OF SUCH LOAN; REPEALING
ALL ORDINANCES AND CODE SECTIONS IN CONFLICT THEREOF,
INSOFAR AS THEY ARE IN CONFLICT; AND CONTAINING A SEV-
ERABILITY PROVISION
Was introduced by Commissioner Gibson and seconded by Commissioner
Plummer, for adoption as an emergency measure and dispensing with the
requirement of reading same on two separate days, which was agreed
to by the following vote:
AYES: Commissioner Manolo Reboso
Commissioner J. L. Plummer
Commissioner (Rev.) Theodore Gibson
Vice Mayor Rose Gordon
Mayor Maurice A. Ferre
NOES: None.
Whereupon the Commission on motion of Commissioner Gibson and
seconded by Commissioner Plummer, adopted said ordinance by the following
vote:
AYES: Commissioner Nanolo Reboso
Commissioner J. L. Plummer
Commissioner (Rev.) Theodore Gibson
Vice Mayor Rose Gordon
Mayor Maurice A. Ferre
NOES: None
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO.8540.
The following resolution taas introduced by Commissioner Plummet, taho
moved its adoption:
RESOLUTION NO. 76,-366
A RESOLUTION APPROVING THE ACCEPTANCE OF AN OFFER TO
THE DEPARTMENT OF OFF-STREET PARKING FROM THE SOUTHEAST
FIRST NATIONAL BANK OF MIAMI TO MAKE A $1,000,000. LOAN
UNDER THE TERMS AND CONDITIONS AS SET FORTH IN ORDINANCE
NO. 8540, ADOPTED THIS DATE BY THE CITY OF MIAMI, FLORIDA
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. The acceptance by the Department of Off -Street Parking
of the offer from the Southeast First National Bank of Miami to make a
$1,000,000. loan under the terms and conditions for security and for payment
thereof as set forth in Ordinance No. 8540, adopted this date by the City
of Miami, Florida, be and the same is hereby approved.
Section 2. The officers and agents of the City of Miami are hereby
authorized to take all action necessary to carry out the provisions of this
resolution.
Upon being seconded by Commissioner Gibson, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Manolo Reboso
Commissioner J.L. Plummer, Jr.
Commissioner Rev. Theodore Gibson
Vice -Mayor Rose Gordon
Mayor Maurice A. Ferre
NOES: None.
*** *a* ***
T2-
There being no further business to cone before the City Commission the
3neeting Baas adjourned at 5:18 o'clock P.M,
MAURICE A I'ERRE
MAYOR
ATTEST:H.D. SOUTHERN
CITY CLERK
RALPH G. ONGIE
ASSISTANT CITY CLERK
STATE OF FLORIDA
COUNTY OF DADE
CITY OF MIAMI
I, H.D. Southern, Clerk of the City of Miami, Florida do hereby
certify that the attached and foregoing pages number 1 through 3 inclusive
contain true and correct excerpts of the Minutes of the Regular Meeting
of the City Commission of Miami, Florida held on the 8th day of Apri1,1976
in the adoption of Ordinance No. 8540 and Resolution No. 76-366.
WITNESS my hand and the official Seal of the City of Miami, Flroida
this 9th day of April, 1976.
H.D. SOUTHERN
CITY CLERK
-3-