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HomeMy WebLinkAboutO-081782 4 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 �a ORDINANCE NO. 8178 AN ORDINANCE SETTING FORTH A PROPOSED CHARTER AMENDMENT BY AMENDING SECTION 56(P) OF THE CHARTER OF THE CITY OF MIAMI BY DELETING THE LIMITATION ON THE NUMBER OF YEARS IN WHICH THE SPECIAL ASSESSMENT FOR IMPROVEMENTS SHALL BE REPAID FROM TEN (10) SUCCEEDING YEARS "OR SUCH SHORTER PERIOD" ADDING THE TERM TEN (10) YEARS OR SUCH PERIOD; AND SUB- MITTING THE PROPOSED CHARTER AMENDMENT TO TtiE 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 5; REPEALING ALL ORDINANCES CODE SECTIONS OR PARTS THEREOF IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT; CONTAINING A SEVERABILLTY PROVISION; DECLARING THIS ORDINANCE TO BE AA 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, Section 56(P) of the Charter of the City of Miami now provides that assessment liens for improvements may be paid back only in periods of ten (10) years or less years;and WHEREAS, it is the desire of the City Commssion to add to Section 56(P) of the Charter of the City of Miami to provide that said assessment liens may be paid back in ten (10) succeeding years or other period as may be fixed by the Commission; 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 5 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 35 municipal election on November 6, 1973; said provision to become effective December 1, 1973. CHARTER AMENDMENT NO. 5 Section 56(P) of the City of Miami Charter, Chapter 10847, Special Acts, Laws of Florida, 1925, as amended or supplemented, is hereby amended by deleting Section 56(P) in its entirety and adding a new Section 56(P) to read as follows: (P) Time and manner of payments. — Thirty (30) days after the confirmation of the assessments the amount appor- tioned and assessed shall be due and payable at the office of the director of finance, except as to any property, including railroads, whose owner shall have filed a petition in the cir- cuit court as hereinabove provided, which assessments shall be due and payable eleven (11) .lays after the decision of the court thereupon but not within said thirty (30) days; but it shall be lawful for the commission to provide by resolution that if the owner of any lot or parcel assessed in excess of twenty-five dollars ($25.00) shall file with the director of finance such date on which full payment is required his writ- ten undertaking waiving all irregularity and illegality in con- nection with the said assessment against Such lot or parcel, he shall have the privilege of paying the same in equal annual installments in each of the ten (10) succeeding years or such period as may be fixed by the commission, at the time in said years at which the general city taxes are due and pay- able, with interest upon such deferred installments at the rate of five (5) per cent per annum, payable annually from the date such assessment would be clue if such undertaking were not filed; and upon the filing of any such undertaking the assessments embraced by it shall be payable at the time or times so fixed, and with such interest, but any assessment whose payment shall be so deferred may be paid at any time when accompanied by the payment of interest accrued there- on and that which will accrue to the next succeeding. annual date for payment; provided, however, that notingherein contained shall be deemed to prevent the commission from extending the time in which such undertaking as to any one or more lots or parcels of land shall be filed. (C.:;0992, Spe- cial Acts of 1955.) —2— 2 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 .J 35 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. 5 in substantially the following form: Shall Section 56(P) of the Charter of the City of Miami be amended by deleting the limitation on the numbers of years in which the special assessment for improvements shall be repaid from ten (10) succeeding years "or such shorter period" adding the term ten (10) years or such period, as more fully set forth in Ordinance No. 8178 dated July 26, 1973? Section 3. All ordinances, code sections or parts thereon 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. 3- 1111 n l l mull n n UI ml 11 11m1=1111MN 3 •; 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 35 36 Section 6. The requirement of reading this ordinance on two separate days is he eby 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 26th day of July , 1973. H.D. SOUTHERN CITY CLERK MAURICE A. FERRE MAYOR -4- MAW REVIEW , 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 personalty ap- peared Martha Drobnie, who on oath says that she is the V.P., Legal Ads of the Miami Review and Daily 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. 8178 Re: Proposed Charter Amendment Amending Gt.i.on... ....�F.?..., .l.�t.i.c�n.,..a.f Li..ati..tat i on on liurnber of Years i:oi,ardin`, Pavement of Special Assessriont For Innrovem nts, etc, X In the XX Court, was published in said newspaper In the Issues of ifuau;t I t 073 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- 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 affiant further says that she has neither paid nor promised any person, firm or corporation any— rebate, commission or refund for the purpose ,ef see this advertisement for publication "in the. said r/ewspa fir. worn f o and subscribed 4fore the this l.t i day of l�u�}i{s.t,t:..:'., is o. 19 7.4 • MsS. Smith, ptati`y-4iib , {dle S of Florida at Large. (SEAL) My Commission expires September 1, 1973. !. &Wait 7.1ribtt, _ • 4, rs Wi !Vitt Y. All intet'ilsted u*ili take tiotke that on the 20Ih dity of July, 1973 the CoMtfilasion of the City of Mishit. Florida adopted on ordinance entitled — AN ORDINANCE SETTING FORTH A PROPOSED CHARTER AMENDMENT BY AMENDING SECTION 56(P) OF TIIE CHARTER OF TifE CITY OF M1AM1 BY DELETING THE LIMI- TATION ON THE NUMBER OF YEARS IN WHICH THF: S P E C f A L. ASSESSMENT F 0 R IMPROVEMENTS SMALL RE REPAID FROM TEN (10) SUCCEEDING YEARS "OR SUCH SHORT- ER PERIOD" ADDING THE TERM TEN (10) YEARS OR SUCH PERIOD: AND SUBMITTING TUE PROPOSED CIIABTEH AJIENDStENT TO THE ELECTORS OF THE CITY OF MI.4MI AT THE GEN- ERAL. 31UNICIPAL ELEC- TION ON NOVEMBER 6. 1971: PROVIDING THAT THIS PROPOSED CHAR- TER .\MF:NDMF_NT SHALL. BE REFERRED T() ,.S PROPOSFD CHARTER AMENDMENT NUMBER S; REPEALING ALL ORDI- NANCES ('ODE SECTIONS OR FARTS THEREOF IN CONFLICT. INSOFAR AS THEY ARE IN CONFLICT: CONTAINING A SEVER- .\RILITY PROVISION: DE- CLARING TH IS ORDI- NANCE TO BE AN EMF:Ft- 01'NCY MEASURE: Di:S- FF:NSING WITH T II E LEQUIREMENT OF READ - IN(; THE SAME ON T\VO sEr..ARATE DAYS BY A VOTE OF NOT LESS 'Di AN FO1'E-FIFTHS OF THE .1F:M,;F:RS OF THE COM- :.11. S1oX, h is do: gn:ited Girllaanro 11 1) S:�l'THERN ( 1TY CLERK t :TY F' S1I:1>:J. F'..CRIZ~.\ FuL!i,;t!i a ii this r,(4're (n', the L i dad of Atigti -t, 1IS'i Ad. tic. 7112t' 4 6 5 10 11 12 13 14 15 18 17 18 19 20 21 22 23 24 25 26 27: 28 29' 844trelad- .116p:ttt-padbo MRIOD PROPOSED ,t... T�irt C:r�A=. � �R ECTORS 0r T °E CiTL O T Alit,ny M _ T Pe\D ELECTIOoN :• OVEM5E — r + , PR©VIDINC TLHAT TH. S PROPOSED Cif TER, r 3i NT 8LfA1L 58 REP ERPED TO AS PROPOSED ' RTEit AMENDMENT NUMBER 5 ; REPEALING ALL, DINANCES CODE SECTIONS OR PARTS TEEREOF ' I CT I NSO 'AR AS THEY 1 ARE IN CON? LICT ; ,"; C� ' C0�r'�, i �. ,.�.= r� DECLARING NTAINING A SEVERABILI11 PROVISION; HIS ORDINANCE TO BE AN EMERGENCY MEASURE bISPENSING WITH THE REQUIREMENT 0P READING SAME ON TWO SEPARATE DAYS BY A VOTE Off' .Yk.M OP THE MEMBERS - T LESS TAN FOUR -VIP TI-iS COMMISSION. �• r',o�i��s,���iat�` 'assessment',;��.,�� Ci i�c:;,, ori1't per` zod"' -,, ,f.=, , , ;+tF�,':. 1W'a.,��. .iti. i •{+; ;1•,"> err t'1u,�2. -: „'}j,4 ::i'1� - ry:. :;1,'t1',_ t„e<'zt .':; :iq:V„�.-•'. +.fit. ��''' .I'ty :fit' '.j.;' i; :'�y'�'*``Itt .+iky�' ':�" _ ;Y., _ "d1'"a^sc'',b <, --�.{.'C,`•.' _ - _ _ -try, :i� �.^. t `rv�'irr. 1•.ri e Charier. of the 'C:it 2 4 6 7 8 9 10 11 12 13 14 15 15 17 18 19 20, 21 22 23 24 25- .25 27 29, 2 Mi ti by IA .,. atafitia Sectio":i 56 tL) cif thy' Charter City of Miami be ame tde by dhie ifl imitatiot on the numbett of year it .'.. �,s4he special �. C�� assessment for improve Teti h aid from ten (10) s` ye al:l �e rep ucceedin r su+oh shorter period" adding the tent eh (10) years or such period, as more full Ordinance Nb , ��r�.��•' et forth in ,.dated July 26, 1973 in conflict herewith:.,, ,i'i'sof reby repealed Section ;ressri r. z;.thi ar1ce is �UL ��� .'word' eare .`. id`,�, 'l a to be unconstitutional, inoperative, orvo�t1G� �.ative zi��:or invalidity '.di shall not affect the remaining porportions1c� hall be construed to have been is ordinance; and it shall of the City of Miami to.�pass3: of the commission e` intent is ordinance ordinance without such unconstitutional,, invalid inoperative part therein; and the remainder of , this ordinance, ter the exclusion of such part or par t$ , shall be deemed include head to 'be. bee e �, lazed; to vi. tiort ,off �]q , a a ,�' .. 0 ,':" n T. $"nL. 3 5 7 13 14 13 l6 I2 13 20 21 22 23 24 25 23 na 2j Section G. 238 zec irerent of <eadia7 this ordinance on t>o Seoa£ato days TS >azg3y §isgensed with vote of apt leas than four -fifth 3 o2 L. 2es1eis of 22a City Commission. PASSED t D A O222D S. T.ITIE C:L 3 this day o3 07, , 1973. H.D. SOUTHERN CITY CLERK .z4 2222ARED \ND A??ROVED 72.7: 23VIEZED 3Y: nAUTI23 A. 2«R23 MAYO R R. 3a =is Tirne Assistant City Gtto=ley / .g John S. Lloyd Assistant Directo. of tav APPROVED aS TO 20R 1 ATD CORRECTNESS : Alan H. Rothstein City Attorney -L 3 4 5 6 8 9 10 12 13 14 15 17 13 19 20 21 22 23 24 25 26 2.3 ORDINANCE :N0. 8178 AN ORDINANCE SETTING FORTH A PROPOSED CHARTER AMENDMENT NDME`iT Fri. AMENDING SECTION _? J (P) OF THE CHARTER OF THE CITY OF ' 1.L Au'1. I :,'_' DELETING THE LIMITATION ON THE �, r ",HICH THE SPECIAL �'1 !�: 1��1 OF YEARS 1. Li '� _ ._Li.� ASSESSMENT FOR IMPROVEMENTS SHALL DE REPAID FROM TEN (10) SUCCEEDING YEARS "OR SUCH SHORTER PERIOD" :ADDING 7:E TERM TEN (10) YEARS CR SUCH PERIOD; AND SUB- MITTING THE PROPOSED CHARTER AMENDMENT TO E ELECTORS OF THE CITY OF M_IAMI AT THE GENERAL MUNICIPAL ELECTION ON NOVEMBER 6, 1973; PROVIDING THAT THIS PROPOSED CHARTER AMENDMENT SHALL 3E REFERRED TO AS PROPOSED CHARTER AMENDMENT NUMBER 5; REPEALING ALL ORDINANCES CODE SECTIONS OR PARTS THEREOF IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT; CONTAINING A SELERA3ILI I PROVISION; DECLARING THIS ORDINANCE TO BE AN EMERGENCY MEASURE; DISPENSING WITH THE ZEQUIREMENT OF READING THE SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION. WHEREAS, Section 5 6 (P) of the Charter of the City of Miami now provides that assessment liens for improvements may be paid back only in periods of ten (10) years or less years;and WHEREAS, it is the desire of the City Commssion to add to Section 56 (P) of the Charter of the City of Miami to provide that said assessment liens may be paid back in ton (10) succeeding years or other period as may be .5i:: d by the Commission; NOW, Ti'EREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF : __TAMI , FLORIDA: Section 1. The City Commission of the City of Miami h: reby submits the following proposed charter amendment for .:ubmi ; ion to the :lectors o. the City of Miami at the general -1- 3 5 6 J 9 10 11 12 13 14 15 15 17 lg 19 20 21 22 23 24 25 •2 6 ?7 30 O.'.DINANCE NO. 8178 AN i2 DANC2 :JETTING FORTH A PROPOSED , T ,rF?P. AMENDMENT 'VZ AAENDING SECTION i (') 0:' THE CHARTER OF THE CI;'_ OF DEL :.TII;C - ._E LIMITATION ON THEN1,}M3r i i 0? .GEARS 1. L; .',HIGH THE SPECIAL i SSESS:1_ENT 70R T :!_ PO J MENTS SHALL bE REPAID _'ROB! TEN (10) SUCCEEDING .EARS "OR SUCH SHORTER :?ER I OD" ADDING _ E TERM J TEN (10) CZARS CR SUCH PERIOD; AND SUB- MITTING THE PROPOSED CHARTER AM.ENDZ,IENT TO THE ELECTORS OF THE CITY OF MIA%!I AT THE GENERAL MUNICIPAL ELECTION ON NOE`'13ER 6, 1973; PROVIDING THAT THIS PROPOSED CHARTER AMENDMENT SHALL BE REFERRED TO AS PROPOSED CHARTER AMENDMENT NUMBER 5 ; REPEALING ALL ORDINA`'•iCES CODE SECTIONS OR PARTS THEREOF IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT; CONTAINI::iG A S;E` EERA3ILITY 'ROVISION; 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. HEREAS , Section 6 (P) of the Charter of the City of Miami now provides that assessment liens for improvements may be paid back only in periods of ten (10) years or less years; and WHEREAS, it is the desire of the City Commssion to add to Section 56(P) of the Charter of the City of Miami to provide that said assessment liens may be paid back in ten (10) succeeding years or other period as may be fi:.e2 by the Commission; THEREFORE, BE IT ORDAINED 3Y THE COMMISSION 02 THE CITY OF ` iAMI , r'L ORIDA: Section 1. The City Commission of the City of Miami 11,eby submits the following proposed charter amendment for :: b is:.iton to th3 n13ctors o he City of Miami at the general -1- 3 L 5 h 3 9 10 1 1 1La 13 14 15 16 17 13 13 20 21 22 23 74, 25 � 7 :11:i�di i? on 4..) L-mb'r become ...=tJctivn D c='r ber 1, 1) 3. �•_'.�c1'_.rl: 'ti i'L .I L::'12 T _:O _; S action 3 5 (2) of she Cit.,. (3- ;.!; ami Charter, Cha'.)ter 10347, pecial Acts, L.a'n5 o E'1orida, 1`)05, i:..3 .__ ;ended or supp1C' mefl ad , is harabv ame idaC: i `i Section 36 (P) in its • ntir2t ' and adding a new Section 56(P) to read as follows: (P) rr'ar 'pr j,7 ' ''i— ?iir y (: )1 days after the cnnnr :ra%ion (li t :? a.ssessr;enr:3 rhe. amount ap .,,or- tio`2e+i and :1•Fr'sseci shall be du a:i l :1CaOI?. .. the 0:-;1c4 (!t the director ot: ^:tne , e`':ce.7.),' as co :1n`, prover-;. i c1u ii 1'� rait`�a(1j, .•t11%se owner shad .lave -'.led a ;)- ion _:1 _.'ii ('ir- 1i11; :itli- i :r'�+..� '. 1!r;... :''l. ••.^.:�:2 :.. .... -'i s ^chit •..e':2n (17 ) fla _11:3i' !); the. cour!: Cnet''t:ptin ._tii r.oc t':l:^1:2 .a:11 ..11a11 1 _ir' 1i for t.ria. COr".:,...S�iun tel t%:•)j _.I? %) '� )1:.,:i)r a: in: ,li :11'c`_1 . ,. .,�n.a .'l°. �^' ..:I :'S � . •7.1 1_l 'l . ..all ...? ...:(? i.t.., ('.' i1''-;)r iillan,..e such da'..d ien un(: erta:lint; in con- nection with the said a ds. ssrri' nt : :ainst or parcel, t1:tve the ot7 p:1'rin'_ the sat-ne 1I1 e'IIL:I :Innil.tl inz,i:1:A: er.t:l in E:1 C1 Oi il: ten (101 j :::`' ,lal`� 1:'S +•. �t1Cn la. iu'.( a.i n1'd' C-? il:;tli J' illy c1,'":'::'.::_ I't(1. t'r"-. •I ;t _ r �1.'] !i ner., :t• .t li'. �.: .._ 'a �_,, .: ii:LP �. ,.,c.. . ! c. ta::?� ::'? ili1� and ;),.. - able, .:ith interest Lupu?1 such defrretl installments at the rate 0f r:e (5) 'ir C'3lt )?r 'r .1m. payable annually frorn the. daie. s1: i1 as3?r6:'_1-I:t ;o'.ii. IJd l:'.I" if such '.i.n.:i.erta kin,, •r.i+•e „; f- flied . •!n; r '.� �''rif the as:-ssrr''.. f itit':;.'c; t '. i !'..;! .' "?t)1? or tim s j+7 il::t?i:. arid se:.;rr:enr p,'y..._:2: S:.al), hte so clefe .. t1 i^' • l)� p;tl'.i :i ri it .:c:'ornp1t ii I by tile, -rner . 1' . interest .:ia'rL'_ti cin`„'re- un :1:.,, that (1:_'�1 .:ill :t';,_l13 to rr: [iCC' 'l:i;� ..:::1t(:ti 1')r �1;1"...._.... '7 i'O'•'i���rl. ..•i', i'�'. :�1..17. P. i. .11I'. ,,�npi ., ^!'._fl 7.he ?.^.1:... the t' :1 . '7l':( :! lfi �„ ; (: '• +''.. _ r, L7-7, ^......_ n 1::r i shah . 1-.( 1.1'•-'=)'S•)'. S "-- tl 1'' ) b 10 11 13 14 15 15 17 18 9 20 21 23 5 ction 2 .1-she city officials are instructed and dir,,,-t-d to teke ior the submission this -)roposed (:,h,rtOr amendment to the c,lectors of the City c7: niami i i inc jt ,on the iJallot c:T,ARTrop, =NLZA.ENT NO. 5 in s,_lbstantially the follo%ving form: Shall Section 56(2) OF the Chart-r of the City of Miami be amended bv deleting the limitation on the numbers of Tears in -,vhich the sPecial assessment for improvements shall be repaid from ten (10) succeeding veers "or such shorter period" adding the term ton (10) years or such L;:eried, as more fully sat forth in Ordinance No. 8178 dated July 26, 1973? Section 3. All ordinances, code sections or parts thereon in conflict herith, insofar as they are in conflict, are hereby renealed. Section 4. 1.L: any section, sentence, clause, :3hrase, or -ord of this ordinance 1s for ::,nv reason held or declared to be unconstitutional, inoPerative, or void, such holding or invalidity shall not affoct the remaining nortions of this ordinance; and it shall be construed to have been the intent of the commission of the City of niami to pass this ordinance without such unconstitutional, invalid, or inoperative part therein; and the remainder of this ordinance, after the e::clusion of such part or parts, shall be deemed and held to be valid a if such parts had not been included therein. Section 5. This ordinance is hereby declared to be an cmar.;ency measure on the ground of urgent public need for tha preservation of peace, health, safety and property in Lh.-- City of Miami. Ci 9 1.0 11 12 13 14 15 16 1 j 19 20 21 22 23 24 25 25 2) 30 31 :cti�n ') . r _,zi: o-:e:. o _ _.aiding this (,:. dindC: '_ on t.`:o is ems' d .s;Densed with b'/ of not 1 s s City Co:mi ssion. G E'i of ro ._—_:itth5 i,_ the :Members of =.SSED T D ADOPTED 3Y TITLE O`ZLY this 26th July H.D. SOUTHERN CITY CLERK 1 1; 1 3 . 24AU ICE A. FERRE nAYOR • I