R-0977-98 RESOLUTION NO. g77_gg
A RESOLUTION OF MIAMI SHORES VILLAGE COUNCIL, FLORIDA,
CALLINGA REFERENDUM REGARDING THE ISSUANCE OF GENERAL
OBLIGATION DEBT BY MIAMI SHORES VILLAGE IN AN AMOUNT
NOT TO EXCEED THREE MILLION TWO HUNDRED THOUSAND
($3,200,000) FOR THE PURPOSE OF PROVIDING A NEW AQUATIC
FACILITY AND DEMOLITION OR RENOVATION OF THE EXISTING
AQUATIC FACILITY.
WHEREAS,Miami Shores Village wishes to provide for a new aquatic facility("Facility")that
will expand the services for the citizens of Miami Shores Village for all groups including persons with
disabilities,athletic/competition swimmers,recreational/fitness swimmers and accommodate all ages.
WHEREAS,Miami Shores Village wishes to seek approval of the electors for the issuance of
general obligation debt in an amount not to exceed Three Mllion Two Hundred Thousand Dollars
($3,200,000)for the purpose of providing a new aquatic facility and demolition or renovation of the
existing aquatic facility; and
WHEREAS,the Constitution of the State of Florida,Article VII, Section 12 as well as Florida
Statute 100.211, authorize and require a voter referendum for the approval of the issuance of general
obligation debt by the municipality.
NOW, THEREFORE, BE IT RESOLVED BY MIAMI SHORES VILLAGE, FLORIDA:
SECTION 1. Subject to a referendum provided for herein and pursuant to subsequent
proceedings of the Village Council, Miami Shores Village will issue general obligation debt in the
form of (i) general obligation bonds, or (ii) a participation in a pool bond program, or (iii) a
lease/purchase or(iv) any other similar indebtedness in an aggregate principal amount not to exceed
Three Mllion Two Hundred Thousand Dollars($3,200,000),issuable in one or more series,maturing
at such time or times not exceeding thirty (30)years from the date or dates of issuance and bearing
interest at a rate or rates not exceeding the legal maximum rate of interest, in each case as shall be
determined by resolution by the Village prior to the time of issuance. The Village will utilize the type
of general obligation indebtedness which will result in the lowest cost to the Village and its citizens
if said debt is approved by the electors. Such indebtedness with interest will be secured by the full faith
and credit of the Village and be payable from ad valorem taxes levied by the Village without limit as
to rate or amount on all taxable property within the Village. This funding will provide the Village for
a new"Facility" that will expand the services for the citizens of Miami Shores Village for all groups
including persons with disabilities, athletic/competition swimmers,recreational/fitness swimmers and
accommodate all ages and demolition or renovation of the existing facility.
SECTION 2. That the Village Council does hereby calla bond referendum pursuant to Article
VII, Section 12 of the Constitution of the State of Florida, and Florida Statute 100.211, to be held in
conjunction with the general election on 3rd November, 1998,for the purpose of determining whether
the qualified electors of the Village approve the issuance of the debt to finance the cost of the new
aquatic facility and demolition or renovation of the existing facility.
Said Referendum shall be held at the same polling places in the several precincts, respectively,
in the Village as the polling places for the general election to be held on the same day. The inspectors
and clerk who shall conduct said Referendum("Election Official")shall be the same as those selected
and appointed for the general election. The polling places for the Referendum shall be open from 7:00
a.m. to 7:00 p.m. on the same day. In accordance with the Constitution and the laws of the State of
Florida, all qualified electors of the Village shall be entitled and permitted to vote in the Referendum.
SECTION 3. That the following bond referendum questions be placed on the ballot of the
November 3, 1998 general election:
"Shall Miami Shores Village issue general obligation debt through
general obligation bonds or other similar indebtedness not to
exceed $3,200,000 issuable in one or more series, maturing not
later than 30 years from their issuance dates, bearing interest not
exceeding the maximum allowable by law, payable from ad valorem
taxes levied by the Village, to provide for a new aquatic facility,
and renovation or demolition of the existing aquatic facility?"
SECTION 4. The form of ballot for the election is attached hereto as Exhibit"A".
SECTION 5. The Village Clerk is hereby authorized and directed to deliver copies of the
ballot set forth herein to the Supervisor of Elections of Dade County("Supervisor")for printing; to
ascertain that the wording of the ballot is correctly printed thereon; and to ensure that any reprinting,
if necessary,is ordered by the Supervisor,all within such time as is necessary to allow compliance with
any mailing requirements imposed by law in connection with absentee ballots.
SECTION 6. Absentee ballots containing the question set forth in Section 3 above shall be
prepared for the use of absent, qualified electors entitled to cast such ballots in the Referendum in
accordance with Chapter 101, Florida Statutes.
SECTION 7. The Referendum shall be held and conducted in the manner prescribed by law
for holding special elections in the Village. The Election Officials at each polling place in the several
precincts, respectively, shall prepare and file returns of such Referendum and deliver the same to the
Dade County Canvassing Board for canvassing in the manner provided by applicable law. Said returns
shall be certified to Miami Shores Village Council("Council"),which shall declare the results thereof
and record the same in its minutes along with the number of qualified electors of the Village who voted
at the Referendum on the question proposed and the number of votes cast for and against approval
of the ballot question. The Council shall certify the results of said Referendum to the Florida
Department of State in the manner provided by applicable law.
SECTION 8. If a majority of the votes cast by qualified electors of the Village at the
Referendum approve the ballot question concerning the"Facility", the Village shall be authorized to
issue the debt in the manner provided herein. The debt may be issued all at one time or in part from
time to time as the Council may in its discretion thereafter determine by subsequent resolution.
SECTION 9. The Supervisor is hereby authorized and requested to make up and certify a list
of the names of all qualified electors residing in the Village. A certified copy of such list shall be
furnished to the Village Clerk and filed among the records of the Council.
SECTION 10. The Village Clerk shall prepare a notice of Referendum in the manner required
by law and a copy of this Resolution to be published in full, as part of the Notice of Referendum,
together with an appropriate caption in such form as the Village Clerk shall determine in the Miami
Herald or any other newspaper ofgeneral circulation with the Village,once in the fifth and third weeks
prior to the week in which the Referendum is to be held, the first publication to be not less than 30
days prior to the date of such Referendum. The Village Clerk shall secure from the publisher of said
newspaper an appropriate affidavit of proof that this Resolution has been duly published and said
affidavit shall be made a part of the record of the Council.
SECTION 11. In the event that any word, phrase, clause, sentence, paragraph or portion
hereof shall be held invalid or unconstitutional by any court of competent jurisdiction, such holdings
shall be deemed a separate, distinct and independent provision and such holding shall not affect the
validity of the remaining portions hereof.
SECTION 12. This Resolution shall take effect immediately upon its passage and adoption
PASSED AND ADOPTED THIS 1 DAY OF September , 1998.
//I . le-
Ross Agosta, Major
ATTEST:
1
Barbara A. Fugazzi, illag Clerk
APPROVED AS TO FORM;
Richard Sarafan, Village Attey
EXHIBIT"A"
BOND REFERENDUM TO PROVIDE FOR AQUATIC FACILITY FOR MIAMI SHORES
VILLAGE.
"Shall Miami Shores Village issue general obligation debt through
general obligation bonds or other similar indebtedness not to
exceed $3,200,000 issuable in one or more series, maturing not
later than 30 years from their issuance dates, bearing interest not
exceeding the maximum allowable by law, payable from ad valorem
taxes levied by the Village, to provide for a new aquatic facility,
and renovation or demolition of the existing facility?"
FOR BONDS
AGAINST BONDS