Loading...
Resolution 79-15829 As amended by Resolution No. 79-15851, adopted 3/7/79, amending Sec. 2; amending Sec. 5 and re-adopting said Resolution No. 79-15829. RESOLUTION NO. 79-15829 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE ISSUANCE OF NEGOTIABLE COUPON BONDS IN THE SUM OF $2, 500,000 FOR THE PURPOSE OF PAVING, SIDEWALKS, CURB AND GUTTER, STORM SEWER, LIGHTING, LANDSCAPING, CANOPY STRUCTURES, BUS SHELTERS, SIGNAGE, AND STRUCTURES ON PUBLIC RIGHT-OF-WAY, AND ACQUISITION OF LAND REQUIRED FOR PLAN FOR RECONSTRUCTION FROM 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, AUTHORIZED AT AN ELECTION HELD ON OCTOBER 5 , 1978 . WHEREAS, the City Commission of the City of Miami Beach, Florida, on the 2nd day of August, 1978, adopted Resolution No. 78-15687, authorizing the issuance of negotiable coupon bonds in the sum of $2, 500, 000 for the purpose of 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 acquisition of land required for the plan for 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, subject to the authorization of the duly registered and qualified voters of said City therein participating in the special election which said resolution directed to be held on October 5, 1978; and WHEREAS, the said City Commission on October 18 , 1978 , canvassed the returns of the aforesaid election and found that the issuance of said bonds in the aggregate amount of $2, 500 , 000 had been approved, by a majority of the votes cast in said election, in which the qualified electors residing in said City participated, and declared and recorded, in the manner prescribed by law, the result of said election and canvass . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1 . That pursuant to said election, Two Million Five Hundred Thousand Dollars ($2, 500, 000 . 00) of negotiable coupon OFFICE OF THE CITY ATTORNEY -1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139 bonds of the City of Miami Beach, Florida, be issued bearing date , 197 , and bearing interest at a rate to be hereafter determined, not exceeding 7-1/2% per annum, payable semi-annually, on the first day of March and September of each year, which interest shall be evidenced by coupons attached to the prin- cipal rin cipal bonds, and both principal and interest shall be payable in lawful money of the United States of America at Chemical Bank, in New York City, which bonds shallbe 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. *SECTION 2. Said bonds shall be issued in a single series; shall be in the principal amount of $2,500, 000; shall be known as "Public Improvement Bonds, Series 1979" and shall be numbered and mature as follows: AMOUNT MATURING SEPTEMBER 1 NUMBERED $ 80,000 1983 1 -" 16 80,000 - 1984 17 - 32 90,000 1985 33 - 50 95,000 1986 51 - 69 100,000 1987 70 - 89 110,000 1988 90 - 111 120,000 1989 112 - 135 L. 130,000 1990 136 - 161 135,000 1991 162 - 188 150,000 1992 189 218 160,000 1993 219 - 250 175,000 1994 251 - 285. ' 185,000 1995 286 - 322 205,000 1996 323 - 363 215,000 1997 364 - 406 230,000 1998 407 - 452 240,000 1999 453 - 500 —SECTION 3. That all of the bonds herein authorized shall be in the denomination of $5, 000. 00 each (or such lesser denomination as may be established upon the sale thereof) , and if all bonds are in the denomination of $5, 000. 00 they shall be numbered 1 to 500, inclusive, and shall be designated "Public Improvement Bonds" , followed by a brief description of the -2- OFFICE OF THE CITY ATTORNEY-.1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139 purpose as hereinbefore provided and shall. be alike in form, except as to 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 certificate of validation shall be substantially as follows: $5, 000.00 UNITED STATES OF AMERICA STATE OF FLORIDA, COUNTY OF DADE CITY OF MIAMI BEACH' PUBLIC IMPROVEMENT BOND (Here insert 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 March, 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 March and the first day of September 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 o£-::the United States of America at the office of Chemical Bank, New York City. 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 hereby irrevocably pledged. 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 a certain public improvement in the City of Miami Beach, Florida, as stated in the caption hereof and more particularly described in Resolution No. 78-15687 of the City Commis- sion of said City, passed and adopted August 2, 1978, 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, Acts of 1917, and Acts amendatory thereof and supplemental thereto, and has been duly authorized and approved by a majority of the votes cast in an election in which the qualified electors residing in said City participated, which said election was called and held and the result declared and recorded in the manner prescribed by law. 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 Con- stitution 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, which, together with collections from special improvement assessments made against abutting property, will . be 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. • -3- OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139 IN WITNESS WHEREOF, the said City of Miami Beach, Florida, has caused this bond to be signed by its Mayor, under its seal, and has caused the facsimile of the signature of the City Clerk to appear thereon and the interest coupons attached hereto to be signed with the facsimile of the signature of said Clerk, all as of the 1st day of March, 197 . Mayor City Clerk COUPON No. $ On 1, 19 , the City of Miami Beach, Florida, will pay to the bearer at Chemical Bank, New York City, 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, dated March 1, 197 , and numbered City Clerk ENDORSEMENT CONCERNING VALIDATION Validated and confirmed by decree of the Circuit Court for the Eleventh Judicial Circuit of the State of Florida, in and. for Dade County, on 197 . (Facsimile signature of City Clerk) City Clerk ENDORSEMENT CONCERNING REGISTRATION This bond may be registered as to principal in the bond registry of said City, notation of such registration to be made • hereon by the City Clerk, or by such other officer or agent as may be designated Registrar by resolution of the governing body of said City and may thereafter by transferred on such register by the registered owner in person, or by attorney, upon the presentation to the Bond Registrar, accompanied by delivery of a written instrument of transfer in a form approved by the Bond Registrar and • executed by the registered owner; such transfer may be to bearer, after which this bond shall be subject to successive registration and transfer as before. Notwithstanding the registration of this bond, the coupons shall remain payable to bearer and shall be trans- ferable by delivery. Date of Registration Name of Registered Owner Registrar -4- • OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139 SECTION 4. That in each year, while any of said bonds shall be outstanding, there shall be levied on all of the taxable property within said City a direct annual tax which, together with collections theretofore made from special improvement assess- ments made against abutting property, shall be 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 5. The Finance Director of the City (who is an officer charged, along with others, with the responsibility for the issuance of such bonds) shall execute on the behalf of the City of Miami Beach an arbitrage certificate for the purpose of assuring the purchases of said bonds. That the bonds herein authorized are not "arbitrage bonds" within the meaning of Section 103 (c) of the Internal Revenue Code and Regulations proposed or promulgated thereunder. Such certificates shall constitute a certificate and representation. of the City of Miami Beach and no investment shall be made of the proceeds of the bonds herein authorized nor of the money in the Bond Fund in violation of the expectations expressed in said arbitrage certificates. SECTION 6. That the Attorney for the City of Miami Beach 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. SECTION 7. That the Mayor and City Clerk are hereby authorized and directed to execute said bonds under the seal of said City, a facsimile of which shall be imprinted upon each of said bonds, and each of said bonds shall be manually signed by the Mayor and shall be executed with the facsimile signature of the City Clerk, and that the Mayor, the City Clerk and the Attorney for the City of -5- OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139 ti , Miami Beach are hereby authorized and directed to take such steps as may be necessary to effect an early sale and delivery of said bonds . SECTION 8 . That this Resolution shall be in force and effect immediately upon its adoption. PASSED and ADOPTED this 7th day of February , 1979 . a 1144 Mayor Attest: City Clerk (SEAL) * Schedule inserted per Resolution No. 79-15851, adopted March 7, 1979. ** As amended by Resolution No. 79-15851, adopted March 7, 1979. -6- OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139 • 1 a , COMPOSITE RESOLUTION NO. 79-15829 (Authorizing the issuance of negotiaLle Coupon Bonds in the sum of $2,500,000 for the purpose of paving, sidewalks, curb and gutter, storm sewer, lighting, landscaping, canopy structures, bus shelters, signage, and structures on public right-of-way, and acquisition of land required for reconstru- ction from ARTHUR GODFREY RD. ,from Biscayne Say to the Atlantic Ocean;Indian Creek Dr. from 39th St. to 44th St. ; and Collins Ave. from 44th to 46th Sts. ; authorized at an Election held 10/5/78) 1