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13482 RESOLUTION NO. 13482 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE ISSUANCE OF NEGOTIABLE COUPON BONDS IN THE AMOUNT OF $10, 500, 000 FOR THE PURPOSE AUTHORIZED AT AN ELECTION HELD ON NOVEMBER 2, 1971. WHEREAS, the City Council of the City of Miami Beach, Florida, by Resolution No. 13391, adopted on the 15th day of September, 1971, authorized the issuance of negotiable coupon bonds of the City of Miami Beach for the purpose and in the amount therein stated, in amount $10, 500, 000 subject to the approval and authorization of the duly registered and qualified voters of said City participating in the special election which said Resolution directed to be held on November 2, 1971, and WHEREAS, the said City Council on November 3, 1971, canvassed the returns of the aforesaid special election and has found that the issuance of said bonds in the aggregate amount of $10, 500, 000 had been approved by a majority of those voting on the said matter, to wit : "Shall the City of Miami Beach, Florida, issue negotiable coupon bonds in the amount of $10, 500, 000, with interest at a rate to be hereafter determined and not exceeding 8% per annum, for the purpose Of installing, extending, constructing and reconstructing all necessary facilities for the collection of sewage and waste water in the City of Miami Beach, and tributary areas, and for the transmission thereof to a new sewage treatment plant on Virginia Key to be constructed as a joint project by the City of Miami Beach, the City of Miami and the City of Miami Department of Water & Sewers?" NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That pursuant to said election, $10, 500, 000 of negotiable coupon bonds of the City of Miami Beach, Florida., be issued bearing the date of February 1, 1972, and bearing interest at a rate to be hereafter determined, not exceeding 8% per annum, payable semi-annually, on the first day of August and February of each year, which interest shall be evidenced by coupons attached to the principal bonds, and both principal and interest shall be payable in lawful money of the United States of America at the Chemical Bank, New York City, which bonds shall be registrable as to principal in accordance with the endorsement which this Resolution directs to be printed on said bonds, and that the Chemical Bank, New York City, is hereby designated Registrar for that purpose. -1- OFFICE OF CITY ATTORNEY-1130 WASHINGTON AVENUE-MIAMI BEACH, FLORIDA 33139 SECTION 2. Said bonds shall be issued in One (1) Series, and in the amount as follows : SERIES 1 : For the purpose of installing, extending, constructing and reconstructing all necessary facilities for the collection of sewage and waste water in the City of Miami Beach, and tributary areas, and for the transmission thereof to a new sewage treatment plant on Virginia Key to be constructed as a joint project by the City of Miami Beach, the City of Miami and the City of Miami Department of Water & Sewers. SERIES 1 shall be in the principal amount of $10, 500, 000 and shall be known as "1972 Sewage Collection and Treatment Bonds" and shall be numbered and mature as follows : AMOUNT MATURING NUMBERED Feb. 1 $ 100, 000 1973 1 - 20 100, 000 1974 21 - 40 100, 000 1975 41 - 60 200, 000 1976 61 - 100 300, 000 1977 101 - 160 300, 000 1978 161 - 220 300, 000 1979 221 - 280 500, 000 1980 281 - 380 500, 000 1981 381 - 480 500, 000 1982 481 - 580 500, 000 1983 581 - 680 500, 000 1984 681 - 780 500, 000 1985 781 - 880 500, 000 1986 881 - 980 700, 000 1987 981 - 1120 800, 000 1988 1121 - 1280 900, 000 1989 1281 - 1460 900, 000 1990 1461 - 1640 1100, 000 1991 1641 - 1860 1200, 000 1992 1861 - 2100 -2- OFFICE OF CITY ATTORNEY-1130 WASHINGTON AVENUE-MIAMI BEACH, FLORIDA 33139 SECTION 3. That said bonds shall be callable for redemption as shall be hereafter determined by Resolution to be adopted by the City Council. Notice of such intended redemption in each case shall be published at least once, at least thirty (30) days prior to the date of redemption, in a financial journal published in the City of New York, New York. Interest shall cease to accrue on any bonds so called for prior redemption on the redemption date if adequate funds have been duly provided for the redemption thereof. SECTION 4. That all of the bonds herein authorized and referred to in Section 2 of this Resolution, shall be in the denomination of $5, 000.00 each, and shall be designated "1972 Sewage Collection and Treatment Bonds, " followed by a brief description of the purpose, as hereinabove provided, and shall be alike in form, except as to statement of Series, purpose, and the dates of maturities and numbers, and the form of said bonds, coupons and registration endorsement, as well as the manner of execution of said bonds and coupons, and certificates of validation shall be substantially as follows : No. UNITED STATES OF AMERICA $5, 000.00 STATE OF FLORIDA, COUNTY OF DADE CITY OF MIAMI BEACH PUBLIC IMPROVEMENT BOND (Here insert Series No. and statement of purpose) KNOW ALL MEN BY THESE PRESENTS, that the City of Miami Beach, in the County of Dade, and State of Florida, is justly indebted, and for value received, hereby promises to pay to the bearer, or if registered, to the registered owner hereof, on the 1st day of February, 19 , the principal sum of FIVE THOUSAND DOLLARS with interest thereon, at the rate of percent per annum, payable semi-annually, on the first day of August, and the first day of February in each year, upon the presentation and surrender of the annexed interest coupons as they severally become due. Both the principal and interest of this bond are payable in lawful money of the United States of America, at the office of Chemical Bank in the City of New York. For the prompt payment hereof, both principal and interest, as the same shall become due, the full faith, credit and resources of said City of Miami Beach are irrevocably pledged. IIII This bond is one of a series of like tenor, date and amount, but maturing at different times, issued by said City for the purpose of paying the cost of certain Public Improvementsin the City of Miami Beach, Florida, as stated in the caption hereof, and more particularly described in Resolution No. 13391 of the City Council of said City, passed and adopted on September 15, 1971, under the authority of, and in full compliance with the Constitution and Statutes of the State of Florida, including Chapter 100, Florida Statutes, and the City Charter, being Chapter 7672 of the Laws of Florida of 1917 and Acts amendatory thereof, and supplemental thereto, and has been authorized and approved by a majority of those -3- OFFICE OF CITY ATTORNEY-1130 WASHINGTON AVENUE-MIAMI BEACH, FLORIDA 33139 • r. voting in said special election, which said election was called and held, and the result declared and recorded in the manner prescribed by law. (Insert redemption provisions determined by subsequent Resolution) It is hereby certified and recited that all acts, conditions and things required to happen, exist, or to be done precedent to, and in the issuance of this bond by said Charter and the Laws and Constitution of the State of Florida, have happened, exist and have been performed; that provision has been made for the levy and collection of a direct annual tax upon all taxable property within said City, sufficient to pay the interest and principal of this bond as the same shall become due, and that the total indebtedness of said City, including this bond, does not exceed any constitutional or statutory limitation thereof. This bond may be registered as to principal, in accordance with the provisions endorsed hereon. IN WITNESS WHEREOF, the said City of Miami Beach, Florida, has caused this bond to be executed by its Mayor and attested by its City Clerk and Finance Director (the facsimile signatures of said Mayor and City Clerk and Finance Director being imprinted or reproduced on this bond, and on the validation legend appearing hereon, provided that at least one of said officers shall manually apply his signatures on said bond) ; and the corporate seal of said City has been impressed or imprinted hereon, and the interest coupons hereto attached, executed by said officials, by their facsimile signatures, all as of the first day of February, 1972 . Mayor Attest : City Clerk-Finance Director Form of Coupon No. $ On the 1st day of , 19 , the City of Miami Beach, Florida, will pay to the Bearer at the Chemical Bank, New York City, New York, the sum of Dollars ($ ) in lawful money of the United States of America, as provided in and for the interest then due on its Public Improvement Bond, Series , dated the 1st day of February, 19 , and numbered Mayor Attest : City Clerk-Finance Director -4- OFFICE OF CITY ATTORNEY-1130 WASHINGTON AVENUE-MIAMI BEACH, FLORIDA 33139 4 ENDORSEMENT CONCERNING VALIDATION This bond is one of a series of bonds which were validated and confirmed by decree of the Circuit Court of the Eleventh Judicial Circuit of the State of Florida, in and for Dade County, rendered on , 19 ENDORSEMENT CONCERNING REGISTRATION This bond may be registered in the name of the holder on the books to be kept by the Chemical Bank, as Registrar, or such other Registrar as may hereafter be duly appointed, as to principal only, such registration being noted hereon by such Registrar in the registration blank below, after which no transfer shall be valid, unless made on said books by the registered holder or his attorney, duly authorized and similarly noted, in the registration blank below, but it may be discharged from registration by being transferred to bearer, after which it shall be transferable by delivery, but it may again be registered as before. The registration of this bond as to principal shall not restrain in the negotiability of the coupons by delivery merely, but the coupons may be surrendered, and the interest made payable only to the registered holder, in which event the Registrar shall note in the registration blank below that this bond is registered as to interest, as well as principal, and thereafter, the interest will be remitted by mail to the registered holder. With the consent of the holder, and of the City of Miami Beach, this bond when converted into a bond registered as to both principal and interest, may be reconverted into a coupon bond, and again converted into a bond registered as to both principal and interest, as hereinabove provided. Upon reconversion of this bond, when registered as to principal and interest into a coupon bond, coupons representing the interest to accrue upon this bond to date of maturity shall be attached hereto by the Registrar. The Registrar shall note in the registration blank below whether this bond is registered as to principal only, or payable to bearer. DATE OF REGISTRATION NAME OF REGISTERED OWNER REGISTRAR SECTION 5. That in each year while any of the bondsreferred to in Section 2 of this Resolution shall be out- standing, there shall be levied on all of the taxable property within said City, a direct annual tax sufficient to pay the principal and interest falling due in the following year upon said bonds, which tax shall be collected as other City taxes are collected, and shall be used for no other purpose than the payment of said principal and interest. SECTION 6. That the City Attorney is hereby authorized and directed to proceed in the name of said City to have said bonds validated by the Circuit Court of Dade County, Florida. -5- OFFICE OF CITY ATTORNEY-1130 WASHINGTON AVENUE-MIAMI BEACH, FLORIDA 33139 rimmommili. . 7: r .4- SECTION 7. That said bonds shall be executed in the name of the City by the Mayor, and attested by the City Clerk and Finance Director, one of which signatures may be a facsimile signature, and shall have affixed thereto, or printed 1 or reproduced thereon, the corporate seal of the City. In case any one or more of the officers who shall have signed or sealed any of the bonds shall cease to be such officer of the City before the bonds so signed and sealed have been actually sold 1 and delivered, such bonds may, nevertheless, be sold and delivered, as herein provided, and may be issued as if the person who signed or sealed such bonds had not ceased to hold such office. Any bond may be signed and sealed on behalf of the City by such person, as at the actual time of the execution of such bonds shall hold the proper office in the City, although at the date of such bonds such person may not have held such office, or may not have been so authorized. The coupons to be attached to the bonds shall be authenticated with the facsimile signatures of the present, or any future Mayor and City Clerk and Finance Director, and the City may adopt, and use for that purpose, the facsimile signature of any of said persons who shall have been such officers at any time on or after the date of the bonds not- withstanding that they may have ceased to be such officers at the time when said bonds shall be actually sold and delivered. SECTION 8. That this Resolution shall be in force and effect immediately upon its adoption. PASSED and ADOPTED this 8th day of December , 1971. (g/(AiLx-eil, .LAcKJL< Mayor Attest : .i '-.--Z178____.1:..Lie- ______ City Clerk-Finance Director -6- OFFICE OF CITY ATTORNEY-1130 WASHINGTON AVENUE-MIAMI BEACH, FLORIDA 33139