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
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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
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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
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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 -
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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.
WITNESS my Hand and Official Seal this ,-1 day
of , 1982 , in the City of Miami Beach, Florida.
' 6t.C4,02__ -5711
City Clerk
(SEAL)
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