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Home My WebLink AboutO-08573ORDINANCE No$ _._.. $7 _ w....a AN ORDINANCE AUTHORt2ING THE ISSUANCE, SUBJECT TO THE ELECTION HEREIN PROVIDEb FOR, OF $25)000000 SANITARY SEWER BONDS. OF THE CITY OE MIAMI, FLORIDA FOR THEPOR= POSE OF PAYING THE COST OF IMPROVEMENTS AND EXTENSIONS OF TEE SANITARY SEWER SYSTEM OF THE CITY OF MIAMI; DECLARING THIS ORDINANCE. To HE AN EMERGENCY MEASURE, AND PROVIDING THAT THIS ORDINANCE SHALL .GO INTO EFFECT IMMEDIATELY UPON ITS PASSAGE, AND bISPENStNG WITH THE REAbING OF TtIS ORDINANCE ON TWO .SEPARATE DAYS _ ._ BY A VOTE OF NOT LESS THAN FOUR=FIFTHS OF THE COMMISSION, BE IT ORDAINED BY THE COMMISSION.OF THE CITY OF MIAMI, FLORIDA: . Section 1, For.the purpose of paying the cost 'of improvements and extensions of the sanitary sewer system of the City, of Miami, including_ the construction, reconstruction and extension of the sanitary sewers and other sewer system improve- ments,'intercepting sewers, force mains, trunk sewers, pumping stations, outlets and connections to the sewage disposal system of the City, the relaying of anydamaged streets or sidewalks and the:acguisition of any:necessary, land, there shall be issued under the authority of the City Charter, as amended; and subject to the election hereinafter provided for, bonds of the City of Miami in an aggregate principal amount of not exceeding Twenty - Five Million Dollars ($25,000,000), such bonds to be issued -at one time or from time to time and to mature in the years and principal amounts,. respectively, as follows: YEARS AFTER DATE PRINCIPAL:YEARS' AFTER- PRINCIPAL AMOUNT DATE AMOUNT 2 $1,350,000 11 $1,300,000 3 1,350,000 12 1,300,000 4 1,350,000 13 1,300,000 5 1,350,000 14 1,300,000 6 1,350,000 15 1,300,000 7 1,350,000 16 1,300,000 8 1,300,000 17 1,300,000 9 1,300,000 18 1,300,000 10 1,300,000 19 1,300,000 20 1,300,000 it being estimated and declared by the City Commission that the probable life of said sanitary sewer improvements and extensions. is twenty (20) years after the completion of construction thereof, Sedtioh 2. A part of the oo5't of said sanitary Y .0 geWer improvements may) if the Cotnniiss .oh Of the City of Miatni shall so determine, be speeially assessed ih the Manhher and to the eXtent authorized and provided. by Sedtioh 56 of the City Charter, as amended, and any other applicable iaWs of the State Of Florida. or the prompt payment of the principal of and the interest on such bonds, there shall be levied and collected annually a special tax upon all taxable property within the City, 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; provided, however, thatif any special assessments shall be levied on account of any of said sanitary sewer improvements, such annual tax levy may be reduced in any year by such amount, if any, as may have been set aside and is then held for such purpose in the special fund in which the proceeds of such special assessments shall have been placed. Said bonds shall be in the denomination of Five Thousand Dollars ($5,000) each and shall bear interest at a rate or rates not exceeding the rate legally permitted, such interest being payable semi-annually, and both the principal of and theinterest on such bonds shall be payable at a bank or trust company in the Borough of Manhattan, City and State of New York, or at a bank or trust company in the City of Chicago, Illinois, or at a bank or trust company in the City of Miami, Florida, at the option of the holder or registered owner, as shall be hereinafter designated by the Commission. The City Commission reserves the right to make all or a part of such bonds redeemable prior to their respective maturi- ties at such time and prices and under such terms and conditions as may be evidenced by resolution prior to the sale of the bonds. Sedtio i 3. special ei.eetidih is hereby. :a).ied td be held . ott the 2 th day, of 8eptembef, 1916 or the purpose Of' submitting to the eledtors of the City authorited, bit iai to p afticipate in such election,the gtiestioh of whethet such bonds 'shall be issued: section 4. 'This ordinance is hereby declared to be an"etnefgency fnea5ure upon the ground of urgent public need for the preservation of peace, health, safety.and property it the City of Miami► Section 5. Pursuant to Section 58 of the Charter of,the- City of Miami,. this ordinance shall go into effect immediately upon its passage 'and shall not be subject to the right of referendum:" etcept as hereinbefore provided. Section 6. The requirement of reading this ordinance on two (2) separate days is hereby dispensed with by an affirmative vote of not less than four -fifths of the members of the Commission. PASSED AND ADOPTED this 22nd day of July, 1976. H. D. So- HERN CITY CLERK PREPARED AND APPROVED BY: ROBERT F. CLARK Assistant City Attorney APPROVED AS TO FORM AND CORRECTNESS: ). ,, 4 ./1 FRANK H. WESTON Acting City Attorney MAURICE A. FERRE MAYOR II 11 II I FLUFF 2v11A1'11, REVIEW AND DAILY RECORD Ttiblia•hed Daily •except Saturday, Sunday and .Legal :Holidays 9lfiami. Dade County, Florida. 'STATE OF FLORIDA COUNTY OF sOF MADE: 1Deforo the :undersigned .authority personally ap' ;pawedthe VIP.,hvgaIbtds who the /Ai rnf says tcw at nd ais ^.tho ec rSunday and Daily ;itiolida a daily �.(except lieSaturday..at Miam1. In ILegatDade r County. ) :newspaper.tit .nf .adver- tise County. g atllegal t,AdverliscmenteoryNotice to adver- tisement. abufng. :the -matter ,,or City " of "1' ajt11 .. .:.._....:......:........ ....fin Re ORDINANCE O. 8553 thru 8575 X X X Court. In the was gpubilshad -In said ,newspaper In the ,issUOS o ANiant further says that tha=said 'Miami Review end .DaIIV'Record is a newspaper zpublished at Miami. to said Dada ,County. Florida. and that the said :news. ;paper !ha,: =heretofore :been corn+nuousty publi,hod in saidu,Dad nd oL gal Florida, andthaS� been entered as Sunday ?fmatter lao►ofe in 'said Dade Countyflorida.torpedoonYea► ;next preceding the first ipublication -of the attached ,copy :ut .advertisement; and attiant iurthoro; aays That she 'has corporation_ yidd .discount. :rebate. romised i,co,nmission or or +corporation - any eefund lor rihn on oac ai srenrin • thla Aver +ter• nn 1 •t ITV OP MIAMI. HARE COUNTY. FLORIDA LEGAL. N(E1'1('l ,all Int.►.•tood ttlil tak".liutt(r, that on the 2211d day of.July. lf76 the -('ity L onunisatun of Aliuuti. Florida atlupt.d the follow- ing littt(l vl'dil..t►I('.•... - -• ORDINANCENO.. 8%3 - AN f►ill►iNANC E: ASil•:NOINC SECTION 5C-13a.1 OF TIIE (+il►i; t)F 'lliF (:1'1•Y • OF :t11.i111 1:Y- SUBSTITUTING 1'111:itEVila -ANEW Sht-"1'1UN 5C-1l1.1 I'ROVII)INC TIIAT .. A' Y lit►l.1)E1t 1)F A CITY C11AUFFEUIt rimo1ST1:AT10N 1.10ENsE r(INvtt Ti:L OF Dit1VINt: - UNDER 'riu I:CFi.t!ENC Uh INTOKICATINt; •1SEVERA(:l•:S OR CtJN- TP.ou.Ko SUBSTANCE AS- 1iKVINla►.- IN FLORIDA STATUTES Fi1 C"TIUN. S'J3 W1i11-k: 1N • ACTU.IL CONTROL OF ANY. FOR-lllftl•: VIEHICLE SIiALL HAVE HiS OR 11Eit - itEIl'Tf.1T1UN AUTOMATICALLY REVOKED i'OJit Tt1) REMAINDER OFTor: LICENSING YEAit-.tNI) SAID ilt►l-])iat SHALL NOT 11E E:1.IGI1113 TO HAVE SAID LICENSE RENEWED FOR.% TOTAL PERIOD OF N+►T 1.1•::IS TITAN 3 YEARS FROM THE DATE OF SUCUI REVOCATION: ItEPE.tl.INC ►1.L OiRDINANCES. CODE' SE:1"1'niNS olt 1'Ai'.'1'3 TIIE;REOF iN ('ONFLICT. INSO- • F.1i: .15 THEY -ARRE 1N CUNF1.1Cr; PROVIDING A SEVEILA1:Ii.1•PY V1tOVISION. ORDINANCE NO. S: 61- AN C)it1)INANt'E AMENDING THE. CITY OF NlIA31t,.- COalt'i ):11 :NSIVE ZONING ORDINANCE NO. 6871, MITI-- t'LE XXV. BASE: 1:L'11 L41NC LINES. SECTION 1. BY REDUCING THE LUNED•.S1RLET. WIDTH OF CERTAIN - SCttEET. IN CUCUNUT GROVE: REPEALING, -AI.L iiitlsl`:aXt'KS. CI Mk: SECTIONS Olt PARTS TI1EREOF- coNC .I(."1• 1 S(t1.11t- AS THEY ARE IN CONFLICT: AND CONTAINING A SEVI:1tAMI11.1TY PROVISION. - • ORDINANCE NO. iC.G.7 - • AN ORDINANCE AMENDING ORDINANCE NO.- 8f7G Anal1'I:U 1►i T►t;:1$t as.' 1975, 1tY UEIJrr1NC TIIEItE FItmtI 'PitE AI'PRUI'It1ATION OF tiu+a.t t) FOlt THE Sut-l:11. sEitV1('1•:S PROGRAM KNOWN . 1S NIAItTIN I,t:TIilat KIN,: IiL:V1:1.411'111i:V'1•, AND " BY FURTIHEIR T►it.l-ritV.: TK H OIil•E 1 'iVF i). V (\ IY : 11fititN'1'iE/ aau,t'NT AI PUuPRIAT1.:1) TilERE:FOit "'AND SUtI- S'1'L!'CTINr T1115 AGENCY KNO%VN AS - C11R1STIAN Cl)tIafl'NITY SERVICE AGENCY. INC..' OF- SOUTH 11.4ii01►A. WITIt Till: A1tt►l!:V1*,' PREVIOUSLY AP- - i'L'ul'itiA'1':(i) it S11D TOWN 1 t)lF ► COOPERATIVE - WOE It;,',' (*AUK:.I.1':1'1:A1.iN,: ALL SEr'TNiNbi oft I'.tItTS THEREOF- IN CONFLICT; INS°- 1°Alt AS - 2'111:Y ARE IN CONFLICT: PROVIDING -A SEVEt:AHlL1TY CLAUSE. " " 01:otN.tNC1: NO. ;t'.fdi AN ORDI.YANC1 %UT HORI1ING-.THE JF-CT '1'O r THE ELECTION HEREIN PROVIDED FCllt.. -` OF *10,OW.000 BONDS OF THE CITY OF alt.►aIl-, F.OR�, , TILE PURPOSE OF PAYIN(. TILE: row OF FIRE" FIGHT- INC. FIRE PItEVFNTIUN A.NL} Itk:SCUE FAL•Li:TLLk:S. • CLUDINC TILE CONSTRUCTION: AND, ItECONSTRUC- ' TIOX..AND IMPROVING. OF FIRE STATIONS. GUlt TILE CITY OF MIAMI. ADMINISTRATION BUILDING., OTHER STRUCTURES. EQUIPMENT. VEHICLES.- AND Cuat- ML'NICATION SYSTEMS•REI.ATED- To, Tux T►tA1N1Nt7.. ADMINISTRATION AND OPERATIONS OF TILE FIRE LE:PAItT.IENT' IN •TILE CITY OF'-a1LAa1L ,%NIS THE: 1CQVISiTION OF ANY NECESSAitY LAND ANLs EQI)L1'= .1ENT RELATEI) THERETO: ' DECLARING 'EMS tOKl►l- NANCE . TO ItE: AN E:a1FRCENCY MEASURE.. AND, i'ROV1DLNC THAT •lt1I:. ORDINANCE: SELALL GD INTO - EFFECT. 1MMK1.rIATE.LY Gi'ON. 1'CS- PASSAGE. AND DISPENSING WWI THE RE:.ADIN(:. OF 'rifts, °uuLE- - NANCi ON TWO .F:1'ARATE- DAY$ •KY. A V(yEE •Uk` Nu'r LESS THL1NFI)Ult-FlF"rtls Ole Tlti: CONUitSSsloN. - ORL)INANCE NO.8572 AN ORDINANCE AUTIIORIi1X(:. THE I1SeA rE, $GR= JECT TO 'rut: ELECTION HEREIN- PROVIDED, FOR, (I • .$M.ON;').UQt► I:ONI)S OF TILE CITY OF MLSMt'Volt- rut PURPOSE OF PAYING THE: CO.T OF S'ttIKKr Lll,urr- INt: FACILITIES: DECLARING TILLS tlRl►LN:1NCE T6k BE AN EMEitGENCY- MEASURE;, ANL)-PR►►VIDLNG., THAT THIS ORDINANCE - SHALL G:O. INTO EFGE:C•L` 1MMEDIATELY UPON ITS. PAS.SA(:E:; AND LIISPE.NSLN' WITH. THE READING OF 'r11i3 ORDINANCE". (IN Two. SEPARATE DAYS UY A VOTE IL' :;(T LE:.S TiLAN FOUR -FIFTHS OF THE COMMlSIUN. oladNANCE: NO.. s. 73 - • AN ORDINANCE'' tUTll01t.1ZtNC:-THE. iSSI'.1N(.'E,'SUf`- JECTTO THE ELECTION HEREIN Ptt(WLI►t{O Volt. C►E' $"5.0e0.00t1 SANITARY- SEWER t:t)NL=: uh THE CCtY i)b' - all A111. FLORIDA FOR THE PURPOSE OF L'AYYIN4:.'rtl'E: COST OF IMPROVEMENTS ANR• KXTE'NS!ONS" IIV TUE« SANITARY SEWER SYSTEM OF"'LLIF: CCTV Oh" NILAtt; DECLARING THiS ORDINANCE Di, HE-_- AN. E:alEat- t:E`CY. 11E.1: UUE.. AND PROVIDING. THAT THIS ORDINANCE SHALL GC) INTO- EFFE(T IM .tIELll'ATEL.Y UI'U�t" 1'1'S P.15tiAt:E:. ANI) 1)Ls1ENSINt;. WLTIL 'lllE: ltEA1)INt: OF •fli1S ORDINANCE (LN. TWC► SE:PAR.t•CE= DAPS itY A' V(yrk: ,or NOT LESs T LAN. t l!tt•F•lE"TUS (►E"1'lIK CU:1 miszit.I)N. • ORDINANCE NO. Ent AN ORDINANCE PROVIDING FORt71 .t. - 'Sl'ECIAI. BONI) • E:LErrlt)N IN TIE: CITY 1r1' N1Lt\tE, FLORIDA: ON SEI"r t:MMUSKtt 'sa- 197t;; LIEe1.AltLNG 'CILL5. ORDINANCE 'ro BE AN EMEItt;EN('Y NIKASUItK, AND, I'IIOVIDING TIIAT THIS ORIIINANCE: SIIAL.I. (;tk INTO, E:E'FECl INIMEz1x1LI Y LPON. CD; ASS.u.;t . A`IA, DISPENSING WITID TILE READING. OF THIS t)ltU4- NANCE ON TWO SEL.1P.ATK DAYS- t:Y . V('TI: or' • NOT LESS THAN FoUlt.r 11'lli' I' " I IIII 11111. • Imply a 'Sword! -to and 1 subsc1lbed bt fore ire this ... lAtil r= .cam ,I. Aug-. rti n. 19.. li 76 �Large. otary ub11c •State �oI Florida. 4(SFAL3 itAy commission .expir s•'9une 1. 1979. CITY DE MIAMI. FLORIDA .Hi II . - TO SUBSECTION. t3) .OF SECTION l3•G OF-TIIE CODE OF ''1•!ti•: CITY OF MIAMI, PROVIDING- THEREBY T11A7• "1•l!E MAYOR MAY RELINQUISH CHAIRMAN- SHIP OF THE P.OAItD OF T111 DOWNTOWN DEVELOP- VENT AUTHORITY OF THE CITY OF 'MIAMI UPON SIGNIFYING SLICK EL!•:CrloN IN WRITING AND BY. PROVIDING FOR THE FILLING OF SAID POSITION OF CHAIRMAN _ FROM OTHER BOARD - NIENIBERS IN ArroIMANCE WITli-- THE RULES OF PROCEDURE DULY ADOPTED BY .THE BOARD; REPEALING ALL ORDINANCES. -Ct)DE SECTIONS Olt PARTS THEREOF IN CONFLICT. JNSt)FAlt AS TIIFY ARE IN CONFLICT. AND CONTAINING A SEVERABIIITY PROVISION. ORDINANCE NO.85G7 .%N EMERGENCY ORDINANCE AMENDING ORDINANCE - NO. I I7 AND CORRECTING AN ERRONEOUS REFER- - ENCE THEREIN -'l•O Oltl)INANCE NO. S•16.1 BY - SUR- STITUTING ORDINANCE NO. 84GG:- AND INCREASING - T111-: APPROPRIATION THEREIN- TO C111LI) DAY (:ARE Plt01:ItANIS BY $37.695.97; AND DELETING TIIE Sl:).334) .\PP1tOPRIATION THEREIN TO THE DR. MAR- TIN LU HER KING BOULEVARD LINEAR PARK PROI- ECT;• AND REDUCING THE APPROPRIATION THEREIN TO DOWNTOWN SENIOR CITIZENS COMMUNITY CEN- - TF:R. INC. BY 522.1,444);- AND INCREASING THE -tPPRO-, - P1t1ATION T1lE1u-IN• TO YOUTH CO-OP PROGRAM BY S2:-.410; AND INC1t1::tSING THE . APPROPRIATION' TIIEILEIN TO.-NICEV CRU% OUTREACH Pltru:RA')I we_ ��•��. AN1►--•INt:1tVAsTMG*—TIIE'%PPROPRIATION -- THEREIN T() ACTION COMMUNITY CENTER BY $1.000:. AND APPRt(')I'RIATING $3.OriG TO LITTLE HAVANA DE- . VKI.UPMI:NT - Atrfllt)!tITY; AND APPROPRtIATING Z3 ut1J Ti) BROTHERS OF TI1E GOOD SHEPHERD: AND API'1ttiPRJATING z14) WO TO - COMMUNITY SERVICES D1VISI)N OF THE DADE COUNTY FEDERATION OF. . LABOR: REPEALING A1.L ORDINANCES. CODE SEC-- TIONS OR PARTS THEREOF IN CONFLICT INSOFAR - AS TIII Y ARE IN CONFLICT; AND PROVIDING .A SF:VER.ttal.1TY CLAUSE. ORDINANCE N1U.-S:.G12 AN ORDINANCE AMENDING TILE- MIAMI CITY C;EN- _ 1 1•:UAL EMPLOYEESRETIREMENT-PLAN (ORDINANCE - N4). 562I. MAY _. I1t:.G. AS AMENDED): AS APPEARING, IN C&D1FI('A'rIUN FORM AS A PART OF CHAPTER 2 trF 'I'i11: cum: OF 77t1: CITY • OF SLIANA. FLORIDA. 1i1s7. AS AMENDED. BY' PROVIDING THAT PR►:SENT MEMBERS (rl. THE PLAN %tilt) %%'I:ItE 1:NIlr1.OYEl) AS 1.AtiultEltS. t%'.%TCIINIEN OR CUSTC)!)IAI, WOItKERS-- ittiT%t.K! N AP1tIL J. 1Ji.5 AND -SF:1"rEM1BER .1). 1952 MAY BUY HACK Clt1:DITABLE SERVICE FOR SUCH i•cRI. I OF. TIME AND IlY PROVIDING THE TERMS - AND &•I)NI►ITIONS OF ACQUIRING SAID CREDITABLE-- - S1•:1tVI1:E: ItI:I'E.LINC ALL ORDINANCES, CODE SEC- TIONS Olt PARTS Tl1ERF:OF )N CONFLICT. . ORDINANCE NO. 14559 - .AN. ENIERCENCY ORDINANCE- AUTHORIZING THE- - • R1iNI:U'.%1. 4)F A 1.1)AN- I' )R P.%YINC:.Tll: c•)S•rs OF OFF-ST.R •'F I PARKIN{: FACILITIES WITHIN . THE . CUu1 ,1tA'rIS 1.I11ITS OF THE CITY OF MIA11I AND PLI:I)GIINI: FONDS FOR THE PAYMENT OF SUCII LOAN; ItEPEALING ALL. ORDINANCES AND CODE SECTIONS IN CONFLICT THEREWITH.- INSOFAR AS • THEY ARE - IN CONFLICT; AND', CONTAINING A SEVERAI111.1'1'Y PROVISION. - 1 CODE OF -THE CITY OF MEWL. FLORIDA. ENrrL'L'LELF: •' "SHIPPING VF.SSELS AND -DOCKS.. EXCEPT' FOR SL}C - SECTIONS TUF.REIN DEALING WITH. DOCKAGE- FEES AT 'CITY .MARINAS. -'AND- ENACTING --A NEW CILtP- TER .50 ENTITLED "BOATS.- DOCKS. MOORING. .tND • CONTROL. -OF CITY. WATERS"--. PROVIDING RULES AND REGULATIONS AS TO -THE USE • OF cm' MARINAS; PROVIDING: RULES AND Iutc;ULATIONR. FOR THE OPERATION OF COMMERCIAL VESSELS: PROVIDING RULES AND REGULATIONS' RELATING - TO THE OBSTRUCTION OF.i CHANNELS. UNLAWFUL • * ANCHORING MOORING Olt DOCKING AND-'CHE:, UNl- . LAWFUL USE OF NAVIGATIONAL. "AIDS: PROVIDINet BERTHING INFORMATION RULES AND REGULATIONS GOVERNING ALL VESSELS AT CITY MARINAS; PRO- . VIDING BERTHING INFORMATION RULES AND RECU- LATIONS GOVERNING NONCOMMERCIAL. VESSELS AT' - CITY MARINAS ANT) itE•REN:TAL BY CraY 0I'' VACANT - BERTHS: PROVIDING FOR RULES AND REGULATIONS AS TO - THE CONTAMINATION -OF crt PROVIDING -AN EFFECTIVE" DATE: REPEALING ALL- -, ORDINANCES. CODE SECTIONS Olt PANTS T11F:REIJW IN CONFLICT" 1NSOFA1t-AS-Tl1EY ARE IN CONFLICT: , PROVIDING: A SEVER.IBILITY PROVISION. H. D..SOUTIIEP.NI CITY CLERK tiU I2 Publlcatlun ut this notice an the IG day ut .Aua11.�t.. 19;G.- - 1L 1 t•.Lt.L :i_dtLtit [r Ili! FLlI:I.)ILO\ 9 liL .uu4t 1 lla�eit ` Iluu9ti t •u HL'r tit 4 11r p" F`_3111. Nt. n 4 t 'ta)!.u•i , L,413u1: upt.I t. i 111 (tj,.ti f ;-91-6 :13 Ilmr11J .rttt lU ILJ..0 .. 141R - .t..•t�r%..t d ••lt up) JtI L .t.1U tntlt U!U lu!'t iuE 1 Ui , l.•L ')lu.►t F! t 00' 1•)1 a..0 1. �)tt u1 I)•IJ_J.t1 tllla t ,1.(t1111t141U yl1:d.LLttJ:llt SiIUS'=LIS' 1? jnultlWlk 1u awuu atll •%`Quit agiupilut 01. ••au'itk.. OL, 1,d4):4431•Il)titt 410, WiU. A:I:•LGl:•t1L SL :'- - ANVIL- :IIt.AS p••lt)1.1Li.)L•11 boas uL 441.001411I wutlf; 'N uqt ui :L C:All µtLi: II1.IV:)VEN:V It 4iUUU st1ut11 01 pit It! ..Z t::u. ti.W LAM aqt Wit ISl NALI.OX tO11.I.Ell.l ling tnUny ':(epuolpl OOUPU nd .ICI M31A3a 1101V1 e art armed PLAN: REPEA l)s :r'AL iORDINANCES :.1?ND CODE LOAN; RNPEALING- ALl. SECTIONS IN CONFLICT T11EIt1:11'ITli, INSOFAR AS" 111I•:Y AltE. 11 CONFLIer AND CONTAINING A 51 VI.It,\u11.1TY 1'HQVISIC►N: ORDINANCE NO. IMO .AN I:\1EIttIEN(•Y - ORDINANCE SETTING. .FORTII A PROPOSED CIIARTElt AMENDMENT AMENDING SEC- JION 100-OF THE C1IARTER OE 11I CI V OF t lU, 19i I TO PROVIDE :MAT 1:FFEt•'1'1\'i: i;At'11 COMMISSIONER uF'TIIF CITY OF \II.\M1 WILL nEctiv ; AN INCREASE: IN SALARY FROM -THl $ .liars PREVIOUSLY-. 1•:S•1•AI:I1SIIE1) IN 1919 TO $12•000 AN- NI1ALI.Y AN!) T11AT Till: Al AY )1t-CO11MISs1(iNElt- WILL RECEIVE AN INCREASE IN SALARY FROM THE . !ia.(.1:10 PItr:v1ot' LY .1:FTTBLIS11EI) IN 1949 TO i .U00; ' St:UMITTING TIIE PROPOSED CHARTER :A'1ENDMIENT Tt) TrIE r:i.l•:C.TORS 01' Tlil: CITY OF "A1IAM1 AT TIIE SPECIAL MUNICIPAL ELECTION ON 57=1'9'r:\tlll:li-28.. 1:1 6; 1•Iti�\'11�Iti1; THAT THIS CIIAItTElt AMENDMENT Siial:l. IIr:REFERRED �TO .AS -PROPOSEDLl)11A1TE1 AmENiimENT 1'i 1"; L1:1 EALLNL; S. d'014: SECTIONS OR 1'AItTS T11P1U OF IN 'CONFLICT; AND cONTAINING A sl:Vr:RAuILITY PROVISION, Ernomismainimiim1111111111111111111111IIIII Off OP MC I a ititirtieipai. corpo ?AtiOf r Pla htitt STATE ` OV PLORIDA . AND THEAR PAYERS, PROPERTY, OWNERS AND CITIZENS : OP SAID . CITY OV' t�IAMI INCLtUDINGNON-RESIDENTS OWNING PROPERTY.` OR St1E.IECT TO TA)CATXON `i'Y#EREIN i" .etc. Defenaaht THE STATE OF FLORIDA: TO: -Ralph'G. Ongie City:Clerk , City of Miami Dinner Key, Miami,' Florida "i t ,C1R C U r" THE 'ELEVENTH O1+ 1LOtIbA, IN AN') FOR MOE COUNT cAst GENERAL' JUNISDICTION : DIVISION • SUBPOENA YOU ARE HEREBY COMMANDED to appear before the Honorable Boyce: F. Ezell, Judge` of said Court, at the Dade Courthouse in Miami , ► Florida, on' February 22 1� ia.Ro om.NQ.. 616 2.SO at p•�` to testify in the above styled cause. - z If you fail to appear, you may be in contempt of Court. You are subpoenaed to appear by the following attorneys and unless excused from this subpoena by these attorneys or the Court, you shall respond to this subpoena as directed. WITNESS my hand and the seal of said Court on FEB 14 197719 County; RICHARD P. 13RINKER as Clerk of said Court Ceorga F. Knox, Jr. ,_, City-Atty. By a Michel; E Anderson, Asat. City Atty. utornet far .. _ CITY of 174 E. 'lagler'Street Apireas (Court Seal �RICT/G,4,-10 (REVERSE SIRE IN SPANISHH) .REYERSQ t EN €SR as Deputy C)erh CITY OP MIAMI, a niunidipal dor iotati6n j Plaintiff, 'Vt.. STATE 0r FLORIDA AND THE TAk-, PAYERS, PROPERTY.OWNE S AND ) CITIZENS OP.SAID CITY, OF 3IAMI, INCLUDING NON-RESIDENTS OWNING ) PROPERTY OR SUBJECT TOTAXA` TION THEREIN AND OTHERS HAVING ). 'OR CLAIMING ANY RIGHTS TITLE OR,INTEREST IN PROPERTY -TO BE ) AFFECTED BY THE ISSUANCE'OF THE BONDS' HEREIN DESCRIBED,:OR TO. BE 'AFFECTED 'IN ANY WAY THEREBY, Defendants. IN '%H ; CIRCUIT C6f1RT OP d'DhttfAM CIRCUIT IN A tb CbUNTY ► P OAtbA CIVIL ACTION N0... ) `ry THE 1 TH POA Wit t.; VAtitbATtoN 0P $25,000,000 SANITAMt EPWER SYSTEM BONDS $10,000,000 ?IRE PIOHTfNO, ?tAt PREVENTION AND RESCUE FAC!tITtES BONbS COMPLAINT FOR VALIDATION TO THE HONORABLE JUDGES or THE HY'NCANbUIIT 'OR THECOURT COUNTHE OFLDADET�i JUDICIAL CIRCUIT OF FLORIDA, COMES NOW the City of Miami, a municipal corporation of the State of Florida, and respectfully represents to the Court: I. That the Plaintiff, the City of Miami (hereinafter some governed and is actin nnder the times called the "City") is b y g Constitution and laws of the State of Florida, including.particu- larly a charter granted by the Legislature of the State of Florida, being Chapter 10847, Special Laws of Florida, 1925, approved May 9, 1925, as amended, and supplemented (herein called the "Charter"). Pursuant to the authority conferred upon the City by the Charter, the Commission of the City. (hereinafter sometimes called the "CommisPi-on"), at its meeting duly held on July 22, 1976, duly pa3Sed and adopted the ordinances numbered and titled PP folloWS, 414t1Ora.Zi•n9 the issuance, subject to the election theteif provided for, of bonds of the City: 8.511 oildihanee authotiting the issuahcej siijedt to the eledtioh herein provided for, of $10000 ► 000 bonds of the City of tiiatni, fat the purpose of paying the cost of fire fighting, fire prevention and rescue facili ties and providing of effective cute. Ordinance No. 8572 - Ordinance authorizing theo�idednfe suof bject i $10, 000, 000the tbotidsion eof lthe City of Miami for / the purpose of paying the cost of street �7plt72' lighting facilities and providing an effective date. Ordinance No. 8573 •- Ordinance authorizing the issuance, suject to the election herein provided $25,000,000 sanitary sewer bonds of the A/7 City of Miami, Florida for the purpose of f_ paying the cost of improvements and exten- ` ,,J//sita.;fr sions of the sanitary sewer system of. the City of Miami and providing an effective date. Each of said Ordinances called a special election to be held on September 28, 1976 for the purpose of submitting to the quali- fied voters of the City of Miami the question whether the bonds described in the respective Ordinance should be issued. A true and correct copy of each of the above -mentioned Ordinances,' marked "Exhibit A", "Exhibit B" and "Exhibit C", respectively, is attached hereto and made a part of this Complaint as fully and completely as if here set out in full. III. Thereafter, at its meeting held on July 22, 1976, the Com- mission duly passed and adopted Ordinance No. 8574,.providing 28, ptdinance No for the holding of said special bond election on September 1976 and for submitting to the qualified voters of the City of Miami the following questions: 1. Shallbonds of the City of Miami, Florida, in an aggregate principal amount'. not exceeding $25,000,000 be issued under. the provisions of Ordinance No. 8573 forthe purpose of paying the cost of IMPROVEMENTS AND EXTENSIONS OF THE SANI- TARY SEWER, SYSTEM of the City of Miami, such, bonds to be issued at onetime or from time to time and to mature in annual installments 2 to 20 years, inclusive, after the date of the respective bonds, to bear interest at a rate or rates not exceeding the rate legally permitted, and to be payable from unlimited ad valorem taxes, which may be reduced in any year to the extent that moneys are then held for such payment from special assessments, if any are levied on account of such improvements? Shall hoics of the City of Miami, Plbtida, in ah aggregate ptihdipat amount .,.hot,,eRdcedi it W 0 (10100 0 be issued undef` the proiiigiotis of Otdiriatide NO: $571 fot the purpose of paying the dolt of Mitt tINTINd, VIP.L PhtVENTIo► AND 11E8= PAGItITIES, giioh bonds t�biriissued aiintialaiiista�.�.inefitstit �fto�,�� tittle to tittle and,to ,tatue yeas, indlUsive, after the date of the respective m ate to bear .iiite est at a rate or at riot exceeding legally permitted, acid to be payable from unlimited ad Valorem taxes? Shall bonds of the City of Miami, Florida, in an aggregate principal amount not exceedioS85700,02 00bethepissuedurpose thofder the provisions of Ordinance n, paying the cost of STHEEbebIGHTINissiied�at�orielTIES tittle r 'from time of 'Miami, such bonds` to to time and to mature in annual i stallmentsb2 to 2to years, inclusive, after the date of thep e bonds, rate togalar interest at a rate or rates not from unlimited ad valorem taxes? lely permitted, and to be payable Said Ordinance No. 8574 fixed the form for the notice of said election, directed the publication of said notice, provided that said election would be held at the polling places designated by Metropolitan Dade County and that the Inspectors of Election and Clerk of Election for each precinct for said election would be designated by the Commission, and fixed the form for the ballot on the question submitted to appear within the, ballot frames of the voting machines to be used in said election. A true and correct copy of said Ordinance No. 8574, marked "Exhibit D", is attached hereto and made a part of this Complaint as fully and completely as if here set out in full.. IV. Due and propernotice of said public bond election was given by publication in the Miami Herald, and the Miami News, papers published and of general circulation in the City of Miami on August-31, 1976 and September 7, 14 and 21, 1976 being at• least once each week for four consecutive weeks during the thirty day period before said election. Publication was also made in piario Las Americas. Affidavits of such publications, marked "Exhibit E" and "Exhibit E-1" are attached hereto and made a part of this Complaint as fully and completely as if here set out in full. V i Netioe of .:t;aid ..sp :eiai..bphd oidota.nn.. is do iy p ib .fished i h the h ahhef and for the tie reguited by iaWaha the desighated poiling places , and electiofi of facers for said general e .ectibh Were properly provided, Vi. Said election teas duly and properly held ih aceordahce With r � , at the time and law, including the ordinances providing therefor e places appointed therefor and set forth in said election notic , and each qualified voter of the City of Miami Was given the oppor- tunity of votingfor or against the proposed bonds of each issue by voting ballots withinthe ballot frames of the voting machines containing the following questions: 1. Shall bonds of the City of Miami, Florida, in an aggregate principal amount not exceeding $85000,73 000r beepissued unxpose ofder the provisions of Ordinance No. paying the cost of IMPROVEMENTS AND EXTENSIONS S bonds Eo SA I` TARY SEWER SYSTEM of the City of Miami, suchissued at one time or from timeto timeincland to matrrehin annual installments 2 to 20 years, date of the respective bonds, to bear interest atna t tee r rates not exceeding the rate legally p be reduced payable from unlimited ad valorem taxes, which may in any year to the extent that moneys are then ahel ford on such payment from special assessments, if any account of such improvements? 2. Shall bonds of the City of Miami, Florida, in an aggregate principal amount not exceeding $10,000,000 be issued under the provisions ,of.`Ordinance NT8571 for the purpose of I:JG, FIRE PREVENTION AND paying the costs of FIRE FIG RESCUE FACILITIES,: such bonds to be issued at one time or from time to time and to mature in annual installments 2 to : 20 years, inclusive, aftere thor�rates.notdate of texceedingtthe rates to bear interest at a rat • legally permitted, and to be payable from, unlimited ad valorem taxes?, 3. Shall bonds of the City of Miami, Florida, in an aggregate principal amount not exceeding $10,000,000 be issued e o�der the; provisions of Ordinance No. .8572'for ;the purpose paying the cost of STREET LIGHTING FACILITIES in the City of Miami, such bonds to be issued at one time or from time to time and to mature in annual installments 2 to 20 year rs, inclusive, after the date of the rot espectiveing hbeonds,rate to aogalar interest at a rate or rates ��ro�n unlimited ad valorem permitted, and to be payable taxes? VII. Said special bond election was extensively and act.vely. publicized in the City of Miami prior, to the election and the qualified voter's of the City of Miami were repeatedly urged to Vote in said.special bond:election: No qualified`votet of the City of Miami Was d tried the opportunity of Votihq ihi said special bond elution on said questionsy Vide At a meeting duly held on October 6,, 1976, the Cofitnission - duly accepted the canvass of the teturn_of said special bond election and duly passed, arid'adopted Resolution No. 76=-866 accept- ing the canvass of the said returns,and declaring the restllts of said special. bond election, and.in said resolution found, determined and declared as follows: 1. 8,606 votes were cast by qualified voters in favor of the issuance of bonds of the City .of Miami in an aggregate principal amount not exceeding $25,000,000 for the purpose of paying the cost of, improvements and extensions of the Sanitary Sewer System, and 6,556 votes were cast by qualified voters against the issuance of said bonds. 7,967 votes were cast by qualified voters in favor of the issuance of bonds of the City of Miami in an aggregate principal amount not exceeding $10,000,000 for the purpose of paying the cost of fire fighting, fire prevention and rescue facilities, and 7,096-votes were cast by qualified voters against the issuance of said bonds. 3. 7,179 votes were cast byqualified voters in favor of the issuance of bonds of the City of Miami ;in an aggre- gate principal amount not exceeding $10,000,000 for the purpose of .paying the cost of street lighting facilities, and 7,847votes were cast by qualified voters against the issuance of said bonds. A true and correct copy of said Resolution No. 76-866 marked "Exhibit F", is attached hereto and made a part of this Complaint as fully and completely as if here set out in full. IX. 'The City of Miami is now authorized to issue bonds of the City in anaggregate principal amount not exceeding $25,000,000 for the purpose of paying the cost of improvements and exten- sions of the sanitary sewer system for the City of Miami, and is further authorized to issue bonds of the City in an aggregate principal amount not exceeding $1.0,000,000 for the purpose of paying the ddst of fire fightih[j, fife pteitehtiofi and teseue facilities, eadh cif the,questiotns as to t}ie issuande of bUdh issues of bonds haVihg been ap3toVed by dote Of a Majotity of the qualified electors of the City of MiamiVoting thetebh X. At a meeting duly. held on NoVetnber 18, 1976, the Coin ission duly passed and adopted Resolution No. 761060 entitled: RESOLUTION PROVIDING BOR THE ISSUANCE OF $25,000,000 SANITAP. SEWER SYSTEM BONDS OP THE CITY OP MIAMI, FLORIDA providing for the issuance, under the authority of the Consti- tution and laws of the State of Florida, including the Charter,. bonds of the City of Miami, Florida, in the aggregate principal amount of $25,000,000 for the purpose of paying the cost of improvements and extensions of the sanitary sewer system of the City of Miami, includingthe construction, reconstruction and extension of sanitary sewers and other sanitary sewer system improvements, intercepting sewers, force mains, trunk sewers, pumping stations, outlets and connections to the sewage disposal system of the City, the relaying of any damaged streets or side- walks and the acquisition of any necessary land therefor. A true and correct copy of said Resolution No. 76-1060 marked ;"Exhibit G", is attached hereto and made a part of this Com- plaint as fully and completely as if here set out in full. XI. At a meeting dulyheld on November 18, 1976, the Commission duly passed and adopted Resolution No. 76-1059 entitled: RESOLUTION. PROVIDING FOR THE ISSUANCE OF $10,000,000 FIRE FIGHTING, FIRE PREVENTION AND.: RESCUE FACILITIES BONDS OF THE CITY OF MIAMI, FLORIDA providing for the issuance, under the authority of the Constitu- tion and laws of the State of Florida, including the Charter, bonds of the City of Miami, Florida, in the aggregate principal. amount of $10,000,000 for the purpose of paying the cost of fire f i9htin9, fire prevention and rescue faci.litics, including the dohdttUcti6ft and tecoitsttiictibh and ifnpftAtihil cif fite 'sta'tifi 3s ih the City cif tiiatiii f adminitt at on building, other strudtutes eguiptttentb vehicles and ebrtimtihicatioh systeti,s teiated to the training, adtiiitistraticin attd bperations +bf the Tire bepatt ►ettt in the city of tftlami and the acgiilsition Of ahy hedessary. land acid' equipment., reiated ' thereto. -A trueand cortect copy of said ttesolutlon' No.' 5.6 1059 marked "t;xhibit t-t" is attached hereto and made a part of this complaint as, fully and completely as if here set out in full XII. Bach of said resolutions pro ides that the respectiVe issue of said bonds describedtherein may be issued at one time or in series from time to time, shall be dated, shall be designated shall be in the denomination of $5,000 each or any multiple thereof, shall be numbered, shall bear interest, payable semi- annually, from their date or dates until their payment at a rate or rates not exceeding the legal rate, as shall be determined at the time of sale thereof, shall be stated to mature (subject to the right of prior redemption, if any) at such time or times not prior to two (2) years and not exceeding twenty (20) years from their date ordates and may be made redeemable prior to their maturity date or dates and subject to such other conditions, 411 as shall be determined by the Commission by resolution `adopted prior to the issuance of said bonds or, any series thereof. Said resolutions provide that, pursuant to the provisions of each of the above -mentioned Ordinances, both the principal of and the interest on said bonds are payable from unlimited ad valorem taxes to be levied annually on all taxable property within the City, over and above all other taxes authorized to be levied by the City; provided, however, that in connection with the Sanitary Sewer System Bonds if a part of the cost of the sanitary sewer improvements for which said bonds are to be 'issued is specially assessed in the manner and to the,extent authorized and provided by Section 56 of the City Charter, as amended, and any,other applicable laws of the State Of Florida, ahcl if thy spediai . assesstnehts shall be i&Vied 6f ` adt6uht cif ahy such sanitary sewer iinpr vehehtt o the annual tak -levy pto= Vicled for may be teduoed ih any year ,by sudh amouht, i ahyv as may have been set'aside and it then held for snob purpose ih the speeiai fund.in which the proceeds of such spedial assettmettt shall hate been placed k111. Both the prindipal of and the intereston the bonds of each of said issues will be payable at a bank or trust company in the Borough of Manhattan, City and State of New. York, or, at the option of the holder or registered owner, at a bank or trust. company in the City of Chicago, Illinois, or at a bank or trust company, in the City of Miami, Florida, in any coin or currency of the United States of. Americawhich, at the respective dates of payment thereof, is legal tender for the payment of public and private debts. XIV. The bonds will bear the facsimile signature of the Mayor of the City of Miami and will be signed by the Clerk of the Commission and a facsimile of the official seal of the City of Miami will be imprinted thereon and the interest coupons will bear the facsimile signature of said Mayor. The bonds and )coupons and the statements of validation and provisions for 'registration will be substantially in the forms set forthin the respective resolutions hereinbefore mentioned providing for issuance of said bonds. The bonds of each of said issues will be general obligations of the City of Miami and for the prompt payment of the, principal of and the interest on said bonds as the same shall become due the full faith, credit and taxing power of the City of Miami are irrevocably pledged. WHEREFORE, the Plaintiff prays that your Honor make and issue an order in general terms in the form of a notice directed against the grate of Plotida acidagaitSt the several ptope1ty owhers, tav:payersr citi1ChS and others havitig or claifning any tight, title or intetest in property to be affected by said issuance of botids, otto be affected in any way thereby, rem; i uiring,'. in general terms and without naming them, all such persons and the State of Florida through its State Attorney of the Circuit wherein the county of bade lies, to appear at a time and place within said Circuit, to be designated in such order, and show cause why the prayers of this Complaint should not be granted and said bonds and the proceedings therefor be validated as herein prayed. And. the Plaintiff further prays, that upon final hearing of this cause a judgment of the Court may be rendered validating said bonds and the proceedings therefor as hereinabove set forth. THE CI1Y„OF MIAMI CaktA By GEORGE F. KNOX, JR., City Attorney MICHEL E. ANDERSON, Asst. City Atty. 174 E. Flagler Street, Miami, Fla. Attorneys for plaintiff, City of Miami By George F/ ox, Jr., City tttorney STATE OF FLORIDA) COUNTY OF DADE ) SS. Personally appeared before me, MAURICE FERRE, to me well known who, being duly sworn, said that he is the Mayor of the City of Miami,Florida; that he signed the foregoing Complaint, MAYOR as such Mayor for and on behalf of said City bythe direction the Commission of the City of Miami thereof; that he has read said complaint; and that the allegations therein set forth are true,' S jb ' bed and. sworn to befQr me...hia.3a ay pf_ _A}-c'�'�-'f ' ; 97r,-�. �u)?Sor L 1 � . __�� my comm1s5 -On expires; ,. #Totar ublle, eta Pf..vls�ri:da A:ELar9e . PPTARr m n'T IX rum At POT 1,4v.cotNigipq gxtlefS tAAY '?1, ,1919 pap 9 'f RQ STNEP T, .PIS, t.".i; WITTP15