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83-17423 RESOLUTION NO. 83-17423 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, PROVIDING FOR THE HOLDING OF A SPECIAL ELECTION ON NOVEMBER 1, 1983 , AT WHICH THERE WILL BE SUBMITTED TO THE VOTE OF THE ELECTORATE THE QUESTION OF THE ISSUANCE OF EXCISE TAX BONDS OF SAID CITY IN THE SUM AND FOR THE PURPOSE IN THIS RESOLUTION STATED. ($11,000 ,000 . 00) WHEREAS, the City Commission of the City of Miami Beach, Florida deems it advisable and in the best interest of the City to issue bonds of said City in the amount and for the municipal purpose set forth below: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. In accordance with provisions of the Charter of the City of Miami Beach, Florida and the general laws of the State of Florida, a special election is hereby called and directed to be held in the City of Miami Beach, Florida, from 7 :00 o 'clock a.m. to 7 :00 o'clock p.m. on November 1, 1983 to determine whether the issuance of excise tax revenue bonds aggregating not more than Eleven Million ($11,000 ,000. 00) Dollars shall be approved by the qualified electors. Said bonds shall be payable from the anticipated proceeds of the currently existing two percent resort tax on the rent of rooms and sale of food and beverages, utility services taxes and an annual tax upon public utility franchises to be pledged to the payment of principal and interest and shall bear interest at such rate or rates as may be determined at the time of the sale thereof, not exceeding the maximum legal rate of interest at such time. The purpose of said bonds shall be to finance acquisition and construction of, improvements, and additions to, and equipment of, the Convention Center Complex. . SECTION 2. The appropriate and proper Dade County election offi- cials shall conduct said election hereby called except for the OFFICE OF THE CITY ATTORNEY -1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139 canvassing of returns of said special election, which duty shall be performed by the City Commission. The official returns for each precinct shall be furnished to the City Clerk of the City of Miami Beach as soon as the ballots from all precincts have been tabulated on the night of said special election. The offi- cial certification of the results of said special election shall be made by the City Commission of the City of Miami Beach. SECTION 3 . That the places of voting for purposes of the special election shall be the same as those places designated for the general municipal election to be held on the same date and during the same hours. SECTION 4 . Said voting precincts in the City of said special election shall be as established by the proper and appropriate Dade County election officials. All electors shall vote at the polling places and the voting precincts in which the OFFICIAL REGISTRATION BOOKS show that the said electors reside. Regis- tration of persons desiring to vote in the said special election shall be in accordance with the general law of the state gov- erning voter registration. SECTION 5. Notice of Election shall be substantially in the following form: NOTICE IS HEREBY GIVEN THAT A SPECIAL ELECTION HAS BEEN CALLED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AND WILL BE HELD IN SAID CITY FROM 7 :00 A.M. UNTIL 7 :00 P.M. , ON THE FIRST DAY OF NOVEMBER, 1983 AT WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING QUESTION: QUESTION 3 : "SHALL THE CITY OF MIAMI BEACH ISSUE BONDS, PAYABLE SOLELY FROM: THE CURRENTLY EXISTING 2% RESORT TAX ON ROOMS, FOOD AND BEVERAGES; UTILITY SERVICES TAXES; PUBLIC UTILITY FRANCHISES TAXES, IN AN AMOUNT NOT EXCEEDING ELEVEN MILLION ($11,000 ,000 . 00) DOLLARS, BEARING INTEREST AT RATES DETERMINED AT THE TIME OF -2- OFFICE OF THE CITY ATTORNEY -1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139 THE SALE, NOT EXCEEDING THE MAXIMUM LEGAL INTEREST RATE AT SUCH TIME, TO FINANCE ACQUISITION AND CON- STRUCTION OF, IMPROVEMENTS, AND ADDITIONS TO, AND EQUIPMENT OF, THE CONVENTION CENTER COMPLEX?" FOR BONDS AGAINST BONDS Said notice shall further set forth the several polling places in the election precincts as established in accordance herewith, and shall further set forth pertinent information regarding eligibility of electors to participate in said election. SECTION 6 . The form of the ballot to be used in the bond election shall be in substantially the following form: OFFICIAL BALLOT CITY OF MIAMI BEACH, FLORIDA Bond Election - November 1, 1983 Shall the following question be approved or rejected? QUESTION 3 : "SHALL THE CITY OF MIAMI BEACH ISSUE BONDS, PAYABLE SOLELY FROM: THE CURRENTLY EXISTING 2% RESORT TAX ON ROOMS, FOOD AND BEVERAGES; UTILITY SERVICES TAXES; PUB- LIC UTILITY FRANCHISES TAXES, IN AN AMOUNT NOT EXCEEDING ELEVEN MILLION ($11,000 ,000.00) DOLLARS, BEARING INTER- EST AT RATES DETERMINED AT THE TIME OF THE SALE, NOT EXCEEDING THE MAXIMUM LEGAL INTEREST RATE AT SUCH TIME, TO FINANCE ACQUISITION AND CONSTRUCTION OF, IMPROVE- MENTS, AND ADDITIONS TO, AND EQUIPMENT OF, THE CONVEN- TION CENTER COMPLEX?" FOR BONDS AGAINST BONDS SECTION 7. That the official return sheets from each precinct shall be furnished to the City Clerk of the City of Miami Beach as soon as the polls are closed after the bond election, and that the official canvassing of the results of the bond election shall be made by the City Commission of the City of Miami Beach. -3- OFFICE OF THE CITY ATTORNEY -1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139 SECTION 8. That for the purposes of determining the results of the bond election, the bonds shall be approved if the majority of the votes cast in the bond election shall be in favor of their issu- ance. SECTION 9. Absentee voters participating in said special election shall be entitled to cast their ballots in accordance with the provisions of the laws of the State of Florida with respect to absentee voting. SECTION 10. That the City of Miami Beach shall pay all expenses for conducting this special election and will pay to Dade County or directly to all persons or firms, upon receipt of invoice or statement approved by the supervisor of elections of Dade County, Florida. SECTION 11. That the law firm of MORGAN, LEWIS & BOCKIUS of Miami and Philadelphia is hereby approved to serve as bond counsel for the City of Miami Beach in connection with the proposed bond offering. SECTION 12 . That DEAN, WITTER, REYNOLDS, INC. , is hereby designated to serve as financial consultant for the purpose of rendering the usual and customary services of financial consultants in the mar- keting of the bonds and obligations hereinabove described. SECTION 13 . That this resolution shall be available in the office of the City Clerk. The City Clerk shall publish notice of election as provided in this resolution in the Miami Beach Sun Reporter , a newspaper of general circulation in the City of Miami Beach, once each week for the four consecutive weeks preceeding the date of the election, in accordance with §10-5 of the Miami Beach Code, as -4- OFFICE OF THE CITY ATTORNEY -1700 CONVENTION CENTER DRIVE -MIAMI BEACH, FLORIDA 33139 well as once in the fifth week prior to the election, pursuant to §100 .342 of the Florida Statutes. SECTION 14 . That in the event that any word, phrase, clause, sen- tence or paragraph hereof shall be held invalid by any Court of competent jurisdiction, such holding shall not affect any other word, clause, phrase, sentence or paragraph thereof. SECTION 15. That all resolutions or parts of resolutions in conflict or inconsistent herewith hereby are repealed, insofar as there is any conflict or inconsistency. SECTION 16. That this resolution shall be effective immediately upon its passage. PASSED AND ADOPTED this 20th day of July , 1983 . Yvt V' e Mayor ATTEST: City 1 rk CGK:bh 7153A FORM APPROVED LEGA DEPT. ByL_ - Date -5- OFFICE OF THE CITY ATTORNEY -1700 CONVENTION CENTER DRIVE •MIAMI BEACH,FLORIDA 33139 E'2/ir/L .!'�