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HomeMy WebLinkAboutO-081772 3 4 5 6 7 8 9 10 11 12 13 14 13 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 1 34 ' 35 16 ORDINANCE NO. 8177 AN ORDINANCE SETTING FORTH A PROPOSED CHARTER AMENDMENT BY AMENDING SECTION 58(b) OF. THE CHARTER OF THE CITY OF MIAMI TO PROVIDE THE DELETION OF THE 6/ MAXIMUM INTEREST AND SUBSTITUTING A MAXIMUM"INTEREST NOT TO EXCEED THE RATE PROVIDED FOR IN THE STATUTES OF THE STATE OF FLORIDA' TO DELETE THE REQUIREMENT THAT TITS"PRINCIPAL AND INTEREST BE PAYABLE IN GOLD COIN"AND SUBSTITUTING THEREFOR"LEGAL TENDER OF THE UNITED STATES AND SUBMITTING THE PROPOSED CHARTER AMENDMENT TO THE ELECTORS OF THE CITY OF MIAMI AT THE GENERAL MUNICIPAL ELECTION ON NOVEMBER 6, 1973; PROVIDING THAT THIS PROPOSED CHARTER AMENDMENT SHALL BE REFERRED TO AS PROPOSED CHARTER AMENDMENT NUMBER 4, 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, the maximum interest rate for bonds of the City of Miami is prescribed by the Statutes of the State of Florida; 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 general municipal election on November 6, 1973; said provision to become effective December 1, 1973: 3 4 5 6 7 8 9 10 11 12 13 14 15 16 :7 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 CHARTER AMENDMENT NO. 4 Section 58(b) of the City of Miami Charter, Chapter 10847, Special Acts, taws of Florida, 1925, as amended or supplemented, is hereby amended by deleting Section 58(b) in its entirety and substituting a new Section 58(b) to read as follows: "(b) Denomination; interest; maturity. - Said bonds shall be in such denomination as the ordinance shall prescribe and shall bear interest not to exceed the rate provided for in the Statutes of the State of Florida, both principal and interest to be payable in legal tender of the United States, at some bank or trust company in the State of Florida or in any other state that may be provided in said ordinance. The principal of such bonds to be due and payable at such time or times, not exceeding thirty (30) years from the date thereof, as the c:.ty commission may, in said ordinance, determine, but not longer than the probable'life of any improvement for which the same are issued, as estimated by the city commission and declared in such ordinance." 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. 4 in substantially the following form: Shall Section 58(b) of the Charter of the City of Miami be amended by deleting the requirement of 6/ maximum interest and sub- stituting a maximum"interest not to exceed the rate provided for in the Statutes of the State of Florida"and deleting the requirement that the"principal and interest be payable in gold coin"and substituting therefor"legal tender of the United States,"as more fully set forth in Ordinance No. 8177 dated July 26, 1973? Section 3. All ordinances, code sections or parts thereof in conflict herewith, insofar as they are in conflict, are hereby repealed. 6 -2- Section 4. If any section, sentence, clause, 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 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 in the City of Miami. Section 6. The requirement of reading this ordinance in 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. H.D. SOUTHERN CITY CLERK 26th MAURICE A. FERRE MAYOR -3_ 36 MIAMI Rev!tvl AND DAILY IRECORL Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADS Before the undersigned authority personalty ap- peared Ruth Matter, who on oath says that site is Assistant to the Publisher of the Miami Review end Daily Record, a daily (except Saturday, Sunday and Legal Holidays) newspaper published et Miami In Dadver- tisement, County, Legal tAdverrtis mentcoryNoticevIn the matter of Adoption of Ordinance ;Jo. 8177 Re: Proposes Charter Amendment Section 58 (b) Concerning Deletion of G;'i Maximum Interest, etc in the XXX Court, was published in said newspaper In the Issues of Aurjust It 1973 Afflant 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- _ 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 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; and afflant further says that she has neither paid nor promised any person, firm or corporation any di -. •••. te, commission or refund for the ppur is advertisement for publication in e s Maws • ap ' 1 / 4 Sworn t and (s1ubscribed before Me this e St di of ...:. ^rAucaust , A:D.;19 73 "arjor)e Y. Smith • No P tblfei State of. Florida et Large. (SEAL) ' My Commission expires September 1, 1973. CITY OF `iIAMi. MADE COUNTY, FLORIDA LEGAL NOTICE All Jntere?fed will take notice that on the 2dth clay of July, 1672 the Commission of the City Cif ryllami, Finrk!a adopted an ordinance entitled — AN ORDINANCE SETTING FORTH A PROPOSED CHARTER AMENDMENT tBY A:\MENDING SECTION r•P(b) OF THE CHARTER OF THE CITY OF MIASII TO PROVIDE THE DELE- TION 'OF THE 6'I N1AXI- MUM INTEREST AND Si'B- ST]TUTING A MAXIMUM "INTEREST NOT TO EX- CEED THE RATE PRO- VIDED FOR iN THE STAT- UTES OF THE STATE OF FLORIDA." TO DELETE THE REQUIRE\LENT THAT THE "PRINCIPAL. AND INTEREST BE PAYALLE IN COLD COIN" AND SUP- S TITUTING THEREFC1R "LEGAL TENDER OF THE, .UNITED STATES"; AND SUBMITTING THE ITC. POSED CHARTER A ENr- JVIE.NT TO Z't1E. t ELEC- TORS OF THE CITY OF MIAMI AT THE GENERAL MUNICIPAL ELECTION ON NOVEMBER 6. )973: PRo- VIDING THAT THIS P:;O- PL. ED CHARTER A?J 1:N')- MENT SHALL BE RE- FE:RE1m TO AS PROPOSED CHARTER AMENDMENT NUMBER 4. REPEALING ALL ORDINANCES, CODE SECTIONS O R PARTS THEREOF IN CONFLICT. INSOFAR AS THEY ARE IN CONFLICT: CONTAINING A SEVERABILITY PR O V I- SIC.N: DECLARING THIS ORDINANCE TO BE •AN EMERGENCY 'MEASURE: DISPENSING WITH THE REQUIREMENT OF READ- ING THE SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE COM- MISSION. wilic•h is designated Ordinance b177. N D SOUTHERN CITY CLERK CITY OF MIAMI, FLORIDA Pub!irnti:m of this no'i(•e c. he Ist day (a August. Ilea Ad. N.,. 7112r LEGAL NOTICE All interested will take notice that on the 26th day of July,1973 the Commission of the City of Miami,Florida adopted an ordinance entitled AN ORDINANCE SETTING FORTH A PROPOSED CHARTER AMENDMENT BY AMENDING SECTION 58 (h) OF THE CfLARTER OF THE CITY OF MIAi42 TO PROVIDE THE DELETION OF THE 6i% MAXIMUM INTEREST AND SUBSTITUTING A i•I?.XIHUM"INTER EST NOT TO EXCEED THE RATE PROVIDED FOR IN THE STATUTES OF THE STATE OF FLORIDA TO DELETE THE REQUIREMENT THAT THE "PRINCIPAL AND INTEREST BE PAYABLE IN GOLD COI N "ACID SUBSTITUTING TiiEREFOR"LEGAL TENDER OF THE UNITED STATES AND SUBMITTING TEE PROPOSED CHARTER AMENDMENT TO THE ELECTORS OF THE CITY OF ML\NI AT THE GENERAL MUNICIPAL ELECTION ON NOVEMBER 6, 1973; PROVIDING THAT TIiIS PROPOSED CHARTER AMENDMENT SHALL BE REFERRED TO AS PROPOSED CHARTER AMENDMENT NUMBER 4, REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT; CONTAINING A SEVERABILITIY PROVISION; DECLARING THIS ORDINANCE TO BE AN EMERGENCY MEASURE; DISPENSING WITH THIE REQUIREMENT OF READING THE SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION. which is designated Ordinance No. 8177. H D SOUTHERN CITY CLERK CITY OF MIAMI,FLORIDA c3 7 9 10 11 1 L 13 14 15 15 17 13 19 ?0 21 22 23 24 ^S 25 7/23/73 ORDINANCE :NO. 2/77 AN ORDINANCE SETTING FORTH :A ,,P0?OSD (2HART'ER ,_24E�iD'?E`iT BY AMENDING SECTION 53 (;) OF HE c:L i'. LER OF 777 =IT 07 MIAMI 'i P_ Tr"' T= DELETION OF T-E IA:;_I:•!C M INTEREST AND :,i;3STITTJTI:•TG A THE 7 '!,�::5!G.�l I`iTER.LS7 `;O �T '+ 0 _^:��,iLrD T-- PROVIDED ._'O7 IN THE STATUTES OF r, -' 3 T� `T ;� FLORIDA ? T D 'T E E T•E• I:...� J 1 ..., OF L Lv 1J� O DELETE L�� REQUIREMENT T:L;T T- E P;?INCIt'AL AND INTEREST BE PAYABLE 3LE IN GOLD COIN 'AND SUBSTITUTING T En ' r^ T N E T IE:Z_,,: OR Ls?,�:.?L � _iDLR OF THE UNITED STATES ; AND SUBMITTING THE PROPOSED CHARTER AMENDMENT TO THE ELECTORS OF THE CITY OF •lI_AMI AT THE GENERAL MUNICIPAL ELECTION ON NOVEMBER 6, 1073; PROVIDING THAT THIS PROPOSED CHARTER AMENDMENT SHALL BE REFERRED TO AS PROPOSED CHARTER AMENDMENT NUMBER 4, REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT; CONTAINING A SEVERA3ILITY PROVISION; DECLARING THIS ORDINANCE TO BE AN EMERGENCY MEASURE; DISPENSING WITH THE REQUIREMENT OF READING THE SAME ON TO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE COYMTSS I O`T. WHEREAS, the maximum interest rate -For bonds of the City of Miami is pr': j 0_r i bed by the Saute s of tiles State of Florida; NOW, THEREFORE, , BE IT ORDAINED BY THE COMMISSION OF THE CITY OF I=I, FLORIDA: Section 1. The City Commission of the City of - -r Nia:ni i:areby submits the following proposed charter amendment :Thr b:'ti:!on to the electors of th a City of i"liami at the er;:t1 rlunicipal ,_lection on r.;ovember 6, 1073; said !on .:o Liecome effecti •a December 1, 1973: 7 9 10 11 12 13 14 15 15 17 13 19 20 21 22 23 24 25 26 27 28 Section ei Ye) the Chapter 1(-C347 , ::ial .. - 10 as i t b--e_1de'u 1 amended or au�ol i:�en��a, ._-. ..__ _ �.. .��.� �y deleting Section 3 3 (b) in i:. -.) wirer Y and j'_l J'.-tUti 'y a :l: w Section 3d (.)) to read as follows: (b) Denomination; interest; maturity. - Said bonds shall be in such denomination as the ordinance s_-:a11 prescribe and shall bear interest not to exceed the rate provided for in Statutes of the State of Florida, both principal and interest to be payable in legal tender of the united States, at some bank or trust company in the State of Florida or in any other state that l^,av be provided in said ordinance. The nrincioal of such bonds to be due and payable at such time or times, not exceeding thirty (30) years from the date thereof, as the city commission may, in said ordinance, determine, but not longer than the rcbable life of any improvement for which the same are issued, as estimated by the city commission and declared in ouch ordinance." Section 2. The proper city officials are instructed and directed to take the actions necessary for the submission of this proposed cnarter amendment to th72 electors of the City of Miami by placing it on the ballot as CHARTER AMENDMENT NO. 4 in substantially the following form: Shall Section 53 (b) of the Charter of the City of Miami be amended by deleting the requirement of maximum interest and sub- stituting a maximum"interest not to exceed the rate :provided for in the Statutes of the State of Florida"and deleting the requirement that the" rincipal and interest be payable n old coin" an sub.stitutin; therefor"legal tender of the ,'ni r_ed Stan-es,"as more fully t forth in Ordinance dated July 35, 1973? Section 3. All ordinances, code sections or '?arts thereof in conflict herewith, -nsofar as they are in r hereby > e 1 red conflict, are r� .- a_` 3 5 1 'f 13 14 15 15 17 13 19 20 21 22 23 24 35 26 icti'on ' anv section, sentence, clause, phrase, .'Jr_`f this ordinance or i?_ :_ C_'ason d,,,ciared to 122 unconstitutional, L:loosernti7,e, Of voiJ, :such holding or invaliJit-2 shall not 2i_c ct the _. e::'.aininc oorti ons of ;:his ordinance; and _t ..'31_1 i a construed to have been the in_c t _^e Commission o= 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 s'...c h part or :arts, shall be deemed and held to be valid as :f such oarta 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 in the City of Miami. Section 6. The rcauirs:-ent of reading this ordinance in two separate days is hereby dispensed with by a vote of not less than four -fifths of the :-embers of the City Commission. PASSED A :D ADOPTED BY TITLE ONL-. this Z‘ day of •'Q'� , 1973. £1AURICE A. FERRE '•I A `% O R H.D. SOUTHERN C.Iri CLER.I< o'?EP.RED A:iD t;,PRO ED L3 : "✓icy ✓ I .:. U1. n e r Assi 5,-ant City Attorney REVIEWED BY: John S . Lloyd Assistant ;_:_rector of Law APPROVED AS TO FORM AliD C ?RECT`:ES: Alan H. o hstei n City tor:?ev i 2 3 • 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 1 35 36 ORDINANCE NO. 8177 AN ORDINANCE SETTING FORTH A PROPOSED CHARTER AMENDMENT BY AMENDING SECTION 58 (b) OF. THE CHARTER OF THE CITY OF MIAMI TO PROVIDE THE DELETION OF THE 6% MAXIMUM INTEREST AND SUBSTITUTING A MAXIMUM":INTEREST NOT TO EXCEED THE RATE PROVIDED FOR IN THE STATUTES OF THE STATE OF FLORIDA; TO DELETE THE REQUIREMENT THAT THE"PRINCIPAL AND INTEREST BE PAYABLE IN GOLD COIN"AND SUBSTITUTING THEREFOR"LEGAL TENDER OF Ti-IE UNITED STATES; AND SUBMITTING THE PROPOSED CHARTER AMENDMENT TO THE ELECTORS OF THE CITY OF MIAMI AT THE GENERAL MUNICIPAL ELECTION ON NOVEMBER 6, 1973; PROVIDING THAT THIS PROPOSED CHARTER AMENDMENT SHALL BE REFERRED TO AS PROPOSED CHARTER AMENDMENT NUMBER 4, 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, the maximum interest rate for bonds of the City of Miami is prescribed by the Statutes of the State of Florida; 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 general municipal election on November 6, 1973; said provision to become effective December 1, 1973: 3 4 5 6 7 8 9 10 11 12 13 14 15 16 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 CHARTER AMENDMENT NO. _ 4 Section 58(b) of the City of Miami Charter, Chapter 10847, Special Acts, Taws of Florida, 1925, as amended or supplemented, is hereby amended by deleting Section 58(b) in its entirety and substituting a new Section 58(b) to read as follows: "(b) Denomination; interest; maturity. - Said bonds shall be in such denomination as the ordinance shall prescribe and shall bear interest not to exceed the rate provided for in the Statutes of the State of Florida, both principal and interest to be payable in legal tender of the United States, at some bank or trust company in the State of Florida or in any other state that may be provided in said ordinance. The principal of such bonds to be due and payable at such time or times, not exceeding thirty (30) years from the date thereof, as the c:.ty commission may, in said ordinance, determine, but not longer than the probable'life of any improvement for which the same are issued, as estimated by the city commission and declared in such ordinance." 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. 4 in substantially the following form: Shall Section 58(b) of the Charter of the City of Miami be amended by deleting the requirement of 6% maximum interest and sub- stituting a maximum"interest not to exceed the rate provided for in the Statutes of the State of Florida"and deleting the requirement that the"principal and interest be payable in gold coin"and substituting therefor"legal tender of the United States,"as more fully set forth in Ordinance No. 8177 dated July 26, 1973? Section 3. A1.1 ordinances, code sections or Parts thereof in conflict herewith, insofar as they are in conflict, are hereby repealed. Section 4. If any section, sentence, clause, 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 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 in the City of Miami. Section 6. The requirement of reading this ordinance in 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. H.D. SOUTHERN CITY CLERK 26th MAURICE A. FERRE MAYOR 1