HomeMy WebLinkAboutO-081765
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ORDINANCE NO.
8176
AN ORDINANCE SETTING FORTH A PROPOSED
CHARTER AMENDMENT BY ADDING TO SECTION
56 (HH) OF THE CHARTER OF THE CITY OF
MIAMI A NEW PARAGRAPH CONTAINING THE
PROVISION THAT UPON SHOWING OF FINANCIAL
HARDSHIP BY THE PROPERTY OWNER THE COST
OF THE CONNECTION OF THE PROPERTY OWNER'S
PREMISES WITH THE LATERAL MAY BE MADE BY
THE CITY FROM ANY FUNDS AVAILABLE FOR
SANITARY SEWER CONSTRUCTION; WHICH COST SHALL
CONSTITUTE A LIEN UPON THE HOUSE, LAND
AND PREMISES AND SHALL BE PAYABLE IN
EQUAL ANNUAL INSTALLMENTS WITH INTEREST
AS PROVIDED FOR BY THE CITY COMMISSION;
AND SUBMITTING THE PROPOSED CHARTER AMEND-
MENT TO THE ELECTORS OF THE CITY OF MIAMI
AT THE GENERAL MUNICIPAL ELECTION ON
NOVEMBER 6, 1973; PROVIDING THAT THIS
CHARTER AMENDMENT SHALL BE REFERRED TO AS
CHARTER AMENDMENT NO. 3; REPEALING ALL
ORDINANCES, CODE SECTIONS OR PARTS THEREOF
IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT;
CONTAINING A SEVERABILITY PROVISION; DECLARING
THIS ORDINANCE TO BE AN EMERGENCY MEASURE;
DISPENSING WITH THE REQUIREMENT OF READING
THE SAME ON TWO SEPARATE DAYS BY A VOTE OF
NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS
OF THE COMMISSION.
WHEREAS, it is necessary for the protection and
welfare of the residents of the City of Miami to amend
Section 56(HH) of the Charter of the City of Miami to
provide an alternate method of connection with the sanitary
sewer system of the City of Miami;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION
OF THE CITY OF MIAMI, FLORIDA:
Section 1. The City Commission of the City of
Miami hereby submits the following proposed charter amendment
for submission to the electors of the City of Miami at the
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general municipal el,,cti on on November 6, 1973; said
provision to become effective December 1, 1973:
CHARTER AMENDMENT NO. 3
Section 56(1*.) of the City of Miami Charter,
Chapter 10847, Special Acts, Laws of Florida, 1925, as
amended or supplemented, is hereby amended by adding
a new paragraph containing the following provision:
"The City Commission may provide by
general ordinance that upon application
and showing of financial hardship by
the property owner, the connection of
the property owner's premises with the
lateral may be made by the City and the
costs thereof be provided for from any
funds available for sanitary sewer
construction and shall constitute a
lien upon the house, land and premises
thereby affected. The said lien shall
be payable in equal annual installments
with interest for any period of years
provided for by the City Commission in
the general ordinance. Said equal annual
installments with a rate of interest as
provided for in the general ordinance shall
be due from the date such lien is filed
at the time in said years in which the
City general taxes are due and payable."
Section 2. The proper city officials are
instructed and directed to take the actions necessary for
the submission of this proposed charter amendment to the
electors of the City of Miami by placing it on the ballot
as CHARTER AMENDMENT NO. 3 in substantially the following
form:
Shall Section 56(HH) be amended by
adding a new paragraph containing the
provision that upon showing of financial
hardship by the property owner the cost
of the connection of the property owner's
premises with the lateral may be made by
the City from any funds available for
sanitary sewer construction; which cost shall
constitute a lien upon the house, land
and premises and shall be payable in equal
annual installments with interest as pro-
vided for by the City Commission, as more
fully set forth in Ordinance No. 8176
dated July 26, 1973?
-2-
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Section 3. L1 3rdinances, code sections or parts
thereof in conflict herewith, insofar as they are in conflict,
are hereby repealed.
Section 4. If any section, sentence, clause, 1
phrase, or word of this ordinance is for any reason held
or declared to be unconstitutional, inoperative, or void,
such holding or invalidity 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 and held to be valid as if such parts had
not been included therein.
Section 5. This ordnance is hereby declared to
be an emergency measure on the ground of urgent public need
for the preservation of peace, health, safety and property
in the City of Miami.
Section 6. 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 City Commission.
PASSED AND ADOPTED BY TITLE ONLY this
day of July , 1973.
26th
H.D. SOUTHERN
CITY CLERK
NAURICE A. FERRE
MAY 0 R
,-3-
MIAMI REVIEWf
AND DAILY RECORD
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADS
Before the undersigned authority personally ap-
peared Ruth Oletter, who on oath says that she Is
Assistant to the Publisher of the Miami Review end
Deily Record, a daily (except Saturday, Sunday end
Legal Holidays) newspaper, published at Miami In
Dade County, Florida; that the attached copy of adver-
tisement, being a Legal Advertisement or Notice In
the matter of Adoption of Ordinance No. 6176
Re: Proposed Charter Amendment -
Addition to Section 56 (Hh) Concerning
Financial Hardship by Property
In the XXX Court
was published In said newspaper In the Issues of
August 1, 1973
Affiant further says that the said Miami Review
and Daily Record is a newspaper published at Miami,
in said Dade County, Florida, and that the said news-
paperiDade County,oFloriidanecontinuously (except published
y
Sunday and Legal Holidays) and has been entered as
second class mail matter at the post office In Miami.
in said Dade County. Florida, for a period of one year
next preceding the first publication of the attached
copy of advertisement; end affiant further says that
she has neither paid nor promised any person, firm
or corporation any di te, commission or
refund for the purp 'i; s advertisement
for publication InAfte, Yaws aps,'.
g.7 / r.
Sworn t and Subscribed before mp thls 1 1
'
st 1 iw< ust 73
It.day of
? 2n AXI. 19
....::..ki:.,c.«.1...\' t .;rr.1 �L.Msrjorie.,T: Sph
Not�tyPubile, Strife of Plorlda at Large.
(SEAL)
My Commission expires September 1, 1973.
('I'rY OF MIAMi,
tt:1U1: (O(''T1', F'1.OtttH.t
LEGAL NOTICE
All Interested will take notice
that on the loth day of July.
1973 the Cminn1sOon of the City
f Jllatni, P1ortda adopted an
ordinance entitled —
AN ORDINANCE SETTING
F 0 it T H A PROPOSED
(IHARTER AMENDMENT
I,Y ADDING TO SECTION
Sit +1I}11 OF TIIE CHAR-
TER OF TIIE CITY OF MI-
AMI A NEW PAR.\GRAPH
('UNTAINING THE PRO-
VISION THAT t' P 0 N
SHOVING OF FINANCIAi. 1
HARDSHIP R\' THE PROP-
ERTY OWNER Tr': COST
OF THE CONNECTION OF
THE PROPERTY OWNER'S
PREMISES \VITH TIIP
LATERA1. MAY BE MADE
PY THE CITY FROM \NN
FUNDS AVAILABLE FOR
SANITARY SEWER CON-
STRUCTION: WHICH IC'H COST
Sit ALL CONSTITUTE A
LIEN UPON THE, HOUSE.
LAND AND YREMISF.
AN:) SHALL BE PAYABLE
IN EQCAL ANNUAL IN-
STALLMENTS \\'1TII IN.
TEREST AS PROVIDED
FOR BY THE CITY COM-
\1ISSION: AND SUBMIT-
TING TIIE PROPOSED
('13AI:TF.R AMENDMENT
TO THE ELECTORS OF
T}3E CITY OF MIAMI AT
THE GENERAL MUNICI-
PAL ELECTION ON NO-
VEMBER 6, 197:3: PROVID-
ING THAT TI31S CHARTER
AMENDMENT SHALL BE
REFEItRED TO AS CHAR-
TER AMENDMENT NO, 3:
REPEALING ALL ORDI-
NANCES. CODE SECTIONS
OR PARTS THEREOF IN
CONFLICT. INSOFAR AS
THEY ARE IN CONFLICT:
CONTAINING A SEVER -
ABILITY PROVISION: DE-
CLARING THIS ORDI-
NANCE TO BE AN E11ER-
GENCY MEASURE: DIS-
PENSING WITH TIIE RE-
Q1'IREMENT OF READING
THE SAME ON TWO SEP-
ARATE DAYS BY A VOTE
OF NOT LESS THAN
FOUR -FIFTHS OF. THE
1E11BERS OF THE COM-
MISSION.
which Is designated Ordtnance
No. 8176.
H D SOUTHERN
CITY CLERK
�r TY OF
p �r .1I. FLORIDA
•. E:;;S> of this notlre olt
August, 1973.
Ad. No. 7112G
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3' 1
-) 2
ORDINANCE NO. P.4
AN c'2 DT`;ANCE ^=TI G FORTH A PROPOSED
CHARTER _AMENDMENT 37 ADDING TO SECTION
56 L U-i OF THE CHARTER OF THE CITY OF
MIAMI A NEW PARAGRAPH CONTAINING TL
PROVISION THAT UPON SHOWING OF FINA`iCIAL
HARDSHIP DSHIP B1 THE PROPERTY OWNER THE COST
OF THE CONNECTION OF THE PROPERTY OWNER'S
PREMISES WITH 7HE LATERAL MA7 3E MADE BY
THE CITY FROM ANY FUNDS AVAILABLE FOR
SANITARY SEWER CONSTRUCTION; WHICH COST SHALL
CONSTITUTE A LIEN UPON THE HOUSE, LAND
AND PREMISES AND SHALL BE PAYABLE IN
EQUAL ANNUAL INSTALLMENTS WITH INTEREST
AS PROVIDED FOR BY THE CIT,' COMMISSION;
AND SUBMITTING THE PROPOSED CHARTER AMEND-
MENT TO THE ELECTORS OF THE CITY OF MIAMI
AT THE GENERAL MUNICIPAL ELECTION ON
NOVEMBER 6, 1973; PROVIDING THAT THIS
CHARTER AMENDMENT SHALL BE REFERRED TO AS
CIARTER AMENDMENT NO. 3; REPEALING ALL
ORDINANCES, CODE SECTIONS OR PARTS THEREOF
IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT;
CONTAINING A SEVERABILITY PROVISION; DECLARING
THIS ORDINANCE TO BE AN EMERGENCY MEASURE;
DISPENSING WITH THE REQUIREMENT OF READING
THE SAYE ON T:%O SEPARATE DAYS BY A VOTE OF
NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS
OF THE COMMISSION.
WHEREAS, it is necessary for the protection and
welfare of the residents of the City of Miami to amend
Section 56(HH) of the Charter of the City of Miami to
provide an alternate method of connection with the sanitary
sewer system of the City of Miami;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION
OF THE CITY OF MIAMI, FLORIDA:
Section 1. The City Cons ission of the City of
Miami hereby submits the following proposed charter amendment
for submission to the electors of the City of Miami at the
2
;unici oa
n on November 5, 1973; said
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procria on to become effective December 1, 1973:
,r ;R�_?2 _.1ENEM.ENT _IC.
Section 56(iIH) of the City of 'L ami Charter,
Chapter 10847, Special Acts, Laws of Florida, 1925, as
amended or supplemented, is hereby amended by adding
a new paragraph containing the following provision:
"The City Commission may provide by
general ordinance that upon application
and showing of financial hardship by
the property owner, the connection of
the property owner's premises with the
lateral may be made by the City and the
costs thereof be provided for from any
funds available for sanitary sewer
construction and shall constitute a
lien upon the house, land and premises
thereby affected. The said lien shall
be payable in equal annual installments
with interest for any period of veers
provided for by the City Commission in
the general ordinance. Said equal annual
installments with a rate of interest as
provided for in the general ordinance shall
be due from the date such lien is filed
at the time in said years in which the
City csareral taxes are due and payable."
Section 2 The proper city officials are
instructed and directed to take the actions necessary for
the submission of this proposed charter amendment to the
electors of the City of Miami by placing it on the ballot
as CI?%-+RTE? A2,1ENDikE T NO. 3 in substantially the following
form:
Shall Section 56(H ) be amended by
adding a new paragraph containing the
provision_ that upon showing of financial
hardship by the property owner the cost
of the connection of the property owner's
or muses with the lateral may be made by
the City from anv funds available for
sanitary sewer construction; which cost shall
constitute a lien upon the house, land
and promises and shall be payable in equal
_annual installments with interest as pro-
vided for by the City Commission, as more
f l 1 v set forth in Ordinance No.
dated July 26, 1973?
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escode
fed :ied i tfinafa 3s
ea1d i
rt� oh s .se`ctl t 2"l, se i ei e,:.:ciaUee,,
ord of this ordinance is' for arty reason held
deciared to be uftconstitutii fta :, . ititiOera
1.4e:, or v3id:,
:such. ho1dirig cif invalidity shall riot affect •the re taifti
portions ob this ordinafice3 arld it shall be •construed to
have been the interyt of the Com tissidn• of the City of Mimi
6 pas this ordinance without such Unconstitutional, invalid,
'or inoperative part thr'reix and the remainder of this
:Ordinance, after the exclusion of such part or parts,
shall.be deemed and held to be valid as if such parts,:had
not been included therein.
Section 5. This ordinance is hereby declared to
:be an emergency measure on the.ground.of urgent public need '
• for the preservation of peace., health,. safety and property
i.n the City, of Niami.
Section 6.. 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 City Commission.
PASSED AND ADOPTED 3Y TITLE ONLY this. • 2,6 •
4.074,1
SOUTHERN
TY•• CLERK
EPARED AND APPROVED ` B'Y:
flu -wpm') EY;II/
+ John
R, , iarrls!u
ner, AsPt. City Attorney
S. 1,Qyd, A$5t, p.rector of Law
APPROVED AS TO FORM AND CORRECTNESS;
An P.ctpite -
City Attorney
�3=
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ORDINANCE NO.
8176
AN o?_n1'5ANCE SETTING _ 0 Tii Z PROPOSED
CHARTER AMENDMENT BY ADDING TO SECTION
SJ (7i) Jr THE CHARTER OF THE CITY
OF
iII 1MI A NEW PARAGRAPH CONTAINING THE
PROVISION THAT UPON SHOWING OF FI`iA_`{CIAL
HARDSHIP BY THE PROPERTY OWNER THE COST
OF THE CONNECTION 1)i THE PROPERTY OWNER'S
PREMISES i.iITH THE LATERAL 74LAY 3E rAAD:E BY
THE CITY FROM ANY FUNDS AVAILA3LE FOR
SANITARY SEWER CONSTRUCTION; WHICH COST SHALL
CONSTITUTE A LIEN UPON THE HOUSE, LAND
AND PREMISES AND SHALL 3E PAYABLE IN
EQUAL ANNUAL INSTALLMENTS WITH INTEREST
AS PROVIDED FOR BY . THE CITY COMMISSION;
AHD SUBMITTING THE PROPOSED CHARTER AMEND-
MENT TO THE ELECTORS OF THE CITY OF MIAMI
AT THE GENERAL MUNICIPAL ELECTION ON
NOVEMBER 6, 1973; PROVIDING TEAT THIS
CHARTER AMENDMENT SHALL BE REFERRED TO AS
CHARTER AMENDMENT NO. 3; REPEALING ALL
ORDINANCES, CODE SECTIONS OR PARTS THEREOF
IN CONFLICT, INSOFAR AS THEY ARE IN CON LICT;
CONTAINING A SEVERABILIT'i PROVISION; DECLARING
THIS ORDINANCE TO BE AN EMERGENCY MEASURE;
DISPENSING WITH THE REQUIREMENT OF READING
T111E SANE ON TWO SEPARATE DAYS BY A VOTE OF
NOT LESS TI-i,ALT FOUR -FIFTHS OF THE MEMBERS
OF THE COMMISSION.
WHEREAS, it is necessary for the protection and
welfare of the residents of the City of Miami to amend
Section 56(HH) of the Charter of the City of Miami to
provide an alternate method of connection with the sanitary
sewer system of the City of Miami;
NOW, THEREFORE, BE IT ORDAINED I3Y THE COMMISSION
OF THE CITY OF MIAMI , FLORIDA:
Section 1. The City Commission of the City of
Miami hereby submits the following :proposed charter amendment
for submission to the electors of the City of Miami at the
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-o i oft idveMbe ' 6.
edtive iecei iet 1§7
Sedt G)Y'1 3G(H) of the City i
ha,Outi. •,10847 i Special Adts , Laws •o r 1otida,
a►i n ec1 +or supplemented, is hereby Atheftded by addii
parag 'aph containing the tollowinq proviSioni
'Dhe City CbMMisaion may provide by
general ordinance that upon a pplidatiin'
and showing of financial hardship by
the -property oTr,ner, , the connection of
the property owner's premises with the
lateral may be made by the City and the
casts thereof be provided for from any
funds available for sanitary sewer
'construction and shall constitute a
lien upon the house, land and premises
thereby affected. The said lien shall
be payable in equal annual installments
with interest for any period of years
•provided for by the City Commission in
the general ordinance. Said equal annual
installments with a rate of interest as
provided for in the general ordinance shall:
be due from the date such lien is filed
at the time in said years in which the
City general tastes are d•.:e and payable"
Section 2. The proper city officials are
instructed and directed to take the actions necessary for
the submission of this proposed charter amendment to the
electors of the City of Miami by placing it on the ballot
as CHARTER AMENDMENT NO. 3 in substantially the following
form
Shall Section 56(HH) be amended by
'adding a new paragraph containing the
provision that upon showing of financial
haxd$hip by the property owner the cost
f the connection of the property owner's
:premises with the lateral may be made by
the City from any funds available for
,sanitary sewer construction; which cost shales
constitute a lien upon the house, land
and premises and shall be payable in equal
ahn 41 installments with interest as pro-
vided for by the City, Commission, as more.
fully sat forth in ordinance No,__ w 8176
:dated July 26, 1973
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`; ' t-i on 3. )i j1n3i C2., code erections or parts
L.- r8o in _OifiiCt i'. retNi`_h, Insofar as they are in conflict,
are he:eb•i rebealed.
Section 4. If any .`;ection, sentence, clause,
phrase, or word of this ordinance is for env reason held
or declared to be unconstitutional, inoperative, Or void,
such holding or invalidity shall not affect cne remaining
portions of this ordinance; and it shall be construed to
have been the int?nt of the Commission of the City of Miami
to pass this ordinance without s'_ich unconstitutional, invalid,
or inoperative part therein; and the remainder of this
ordinance, after the exclusion of such part or parts,
shall be deemed and held to be valid as if such parts had
not been included therein.
Section 5. This ordinance is hereby declared to
be an emergency measure on the ground of urgent public need
For the preservation of pace, health, :safety and property
in the City of L•1ia.;hi .
Section 6. 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 City Commission.
day of
PASSED AND ADOPTED BY TITLE 0:•TLY this
July
H.D. SOUTHERN
CITY CLERK
, 1973.
26th
: Auai CE A. FERRE
MAYO R