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Resolution 82-16991 RESOLUTION NO. 82- 16991 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, PROVIDING FOR THE HOLDING OF A BOND ELECTION ON NOVEMBER 2, 1982 AT WHICH THERE WILL BE SUBMITTED TO THE VOTE OF THE ELECTORATE THE QUESTION OF AMENDING THE INTEREST RATE PROVISION APPLICABLE TO CERTAIN PUBLIC IMPROVEMENT BONDS WHOSE ISSUANCE WAS APPROVED BY THE ELECTORATE AT A SPECIAL ELECTION HELD ON OCTOBER 5, 1978 . WHEREAS, by resolution duly adopted on August 2, 1978 , the City Commission of the City of Miami Beach, Florida (the "City" ) , ordered and provided for a special bond election to be held on October 5, 1978, within the City, on the question of the issuance of the City ' s bonds in the principal amount of $2, 500 , 000 , to bear interest at a rate to be thereafter determined, not exceeding seven and one-half percent (7-1/2%) per annum (the "Bonds") , to finance all or a portion of the cost of construction of various capital improvements, including paving , sidewalks, curb and gutter , storm sewer , lighting, landscaping , canopy structures , bus shelters , signage , ornamental structures , and other structures on public right-of-way, and acquiring land required for the plan of reconstruction of the following area: Arthur Godfrey Road from Biscayne Bay to the Atlantic Ocean; Indian Creek Drive from 39th Street to 44th Street; and Collins Avenue from 44th Street to 46th Street (all said purposes to be hereinafter referred to as the "Project" ) ; and WHEREAS, the City Commission on October 18 , 1978 canvassed the returns of the aforesaid election and found that the issuance of the Bonds , upon the terms and conditions set forth in said question, had been approved by a majority of the votes cast in said election, in which the qualified electors residing in the City had participated, and declared and recorded the result of said election and canvass in the manner prescribed by law; and WHEREAS, the City Commission recognizes that the Bonds may not be marketable currently at the maximum interest rate of seven and one-half percent (7-1/2%) which has been approved by the electorate; and WHEREAS, the City Commission deems it advisable and in the best interest of the City that the provision regarding the interest rate on the Bonds be amended so that the Bonds may be issued and sold at a rate not to exceed the maximum legal rate of interest at the time of issuance of such Bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. Special Election. That a Special Election of the duly registered and qualified voters residing on the City of Miami Beach, Florida, is hereby called to be held on the 2nd day of November , 1982, from 7 : 00 a.m. to 7 : 00 p.m. , to determine whether or not an amendment to the provision regarding the interest rate on certain public improvement bonds, the issuance of which bonds has already been approved by the electorate of the City, shall be approved by such qualified electors . SECTION 2. Election Officials and Canvassing. That the appropriate and proper Dade County election officials shall conduct the said Special Election hereby called, except for the canvassing of the 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 official certification of the results of said Special Election shall be made by the City Commission of the City of Miami Beach. SECTION 3. Polling Places . That the said voting precincts in the City for said Special Election shall be as established by the proper and appropriate Dade County election officials. All electors shall vote at the polling places in the voting precincts in which the official registration books show -2- T _ that the said electors reside. Registration of persons desiring to vote in said Special Election shall be in accordance with the general law of the State governing voter registration. SECTION 4 . Notice of Election. Notice of Election shall be substantially in the following form: CITY OF MIAMI BEACH, FLORIDA NOTICE OF SPECIAL ELECTION 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 o'clock a.m. until 7 : 00 o'clock p.m. , on the 2nd day of November , 1982 , at which time there shall be submitted to the duly registered and qualified voters of the City of Miami Beach the following question. "QUESTION 1: AMENDMENT OF INTEREST RATE CEILING FOR PUBLIC IMPROVEMENT BONDS (ROAD IMPROVEMENTS PROJECTS) Shall the City of Miami Beach amend the 7 . 5% interest rate ceiling , previously approved by the electorate on October 5 , 1978 , for certain public improvement bonds to be issued to provide funds for improvements to Arthur Godfrey Road, Collins Avenue and Indian Creek Drive, so that said bonds may be sold at interest rates not exceeding the maximum legal rate at the time of issuance? YES NO 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 eligi- bility of electors to participate in said election. SECTION 5 . FORM OF BALLOT. The form of ballot to be used in the bond election shall be in substantially the following -3- form: "OFFICIAL BALLOT" CITY OF MIAMI BEACH, FLORIDA BOND ELECTION - NOVEMBER 2, 1982 SHALL THE FOLLOWING QUESTION BE APPROVED OR REJECTED? QUESTION 1: AMENDMENT OF INTEREST RATE CEILING FOR PUBLIC IMPROVEMENT BONDS (ROAD IMPROVEMENTS PROJECTS) Shall the City of Miami Beach amend the 7 . 5% interest rate ceiling , previously approved by the electorate on October 5, 1978 , for certain public improvement bonds to be issued to provide funds for improvements to Arthur Godfrey Road, Collins Avenue and Indian Creek Drive, so that said bonds may be sold at interest rates not exceeding the maximum legal rate at the time of issuance? YES NO SECTION 6 . Election Results . That for the purpose of determining the results of the special election, the question shall be approved if a majority of the votes cast in the Special Election shall indicate approval of the question. SECTION 7 . Notice of Election. 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 a week for the four (4) consecutive weeks preceding the date of the election, in accordance with Section 10-5 of the Miami Beach Code, as well as once in the fifth week prior to the election, pursuant to Section 100 . 342 of the Florida Statutes. SECTION 8 . Absentee Ballots . That absentee voters participating in said Special Election shall be entitled to cast their ballots in accordance with the provisions of the laws of -4- the State of Florida with respect to absentee voting. SECTION 9 . Expenses of Election. That the City of Miami Beach shall pay its proportionate share of the expenses for conducting this Special Election and will pay same to Dade County or directly to all persons or firms , upon receipt of invoices or statements approved by the Supervisor of Elections of Dade County, Florida. SECTION 10. Severability. That in the event that any word, phrase, clause, sentence, 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 11. Repeal of Prior Resolutions . That all resolutions or parts of resolutions in conflict or inconsistent herewith hereby are repealed, insofar as there is any conflict or inconsistency. SECTION 12. Effective Date. That this resolution shall be effective immediately upon its passage. PASSED and ADOPTED this 21st day of April , 1982. Mayor Attest: City Clerk APPROVED LEGAL DEPT. By SailAar Date Y- G - -5- STATE OF FLORIDA • SS COUNTY OF DADE • I, Elaine Matthews, Clerk of the City of Miami Beach, in and for the County of Dade, State of Florida, do hereby certify that the foregoing is a true copy of a Resolution adopted by the City Commission of the City of Miami Beach in session on the 21st day of April, 1982. 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