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
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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.
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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
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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
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OFFICE OF THE CITY ATTORNEY -1700 CONVENTION CENTER DRIVE •MIAMI BEACH,FLORIDA 33139
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