Loading...
R-1061-03 RESOLUTION NO. 1061-03 A RESOLUTION OF THE MIAMI SHORES VILLAGE COUNCIL,MIAMI SHORES VILLAGE, FLORIDA, CALLING FOR A REFERENDUM VOTE REGARDING THE ISSUANCE OF GENERAL OBLIGATION DEBT BY MIAMI SHORES VILLAGE IN AN AMOUNT NOT TO EXCEED FIVE MILLION DOLLARS($5,000,000) FOR THE PURPOSE OF PROVIDING FOR CONSTRUCTION OF A CHARTER SCHOOL FACILITY IN THE VICINITY OF NORTHWEST 5TH AVENUE AND 112TH TERRACE. WHEREAS, Miami Shores Village wishes to provide a charter school facility ("School') that will provide alternative education opportunities for the residents of Miami Shores Village; and WHEREAS, Miami Shores Village wishes to seek approval of the electors for the issuance of general obligation debt in an amount not to exceed Five Million Dollars ($5,000,000) for the purpose of constructing a charter school 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 a municipality, NOW, THEREFORE, BE IT RESOLVED BY THE MIAMI SHORES VILLAGE COUNCIL, that: 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) participation in a pool bond program, or (iii) any other similar indebtedness in an aggregate principal amount not to exceed Five Million Dollars ($5,000,000), 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. 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 be utilized to construct a charter school facility for the Village, in the vicinity of Northwest 5th Avenue and 112th Terrace, which will allow for additional educational opportunities for the residents. Section 2. That the Village Council does hereby call a 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 municipal election on April 8, 2003, for the purpose of determining whether the qualified electors of the Village approve the issuance of the debt to finance the cost of the charter school facility. Said Referendum shall be held at the same polling place in the Village as the polling place for the municipal 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 municipal election. The polling place for the Referendum shall be open from 7:00 AM to 7:00 PM on the same day as the municipal election. 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 question be placed on the ballot of the April 8, 2003 municipal election: "Shall Miami Shores Village issue general obligation debt not to exceed $5,000,000, issuable in one or more series, maturing within 30 years of issuance bearing interest not exceeding the maximum allowable by law, payable from an unlimited levy of ad valorem taxes on all taxable property within the Village, to provide for construction of a charter school facility in the vicinity of Northwest 5t" Avenue and 112 ' Terrace?" Section 4. The form of the 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 Miami-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 the polling place shall prepare and file returns of such Referendum and deliver the same for canvassing in the manner provided by applicable law. Said returns shall be certified to the 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 on the Referendum question proposed and the number of votes cast for and against approval of the ballot question. Section 8. If a majority of the votes cast by qualified electors of the Village at the Referendum shall be"YES"votes or"FOR BONDS", the Village shall be authorized to issue the debt in the manner provided herein. If a majority of the votes cast by qualified electors of the Village at the Referendum shall be "NO" votes or "AGAINST BONDS", such proposition shall be defeated and the bonds may not be issued. If authorized by the electors, and upon completing negotiations between all entities associated with providing the land, financing, and school charter, the debt may be issued all at one time or in part from time to time, as determined to be in the best interests of the Village. Section 9. The Village Clerk shall prepare a notice of Referendum in the manner required by law and a copy of the Title of this Resolution shall be published, as part of the Notice of Referendum, in a newspaper of general circulation within 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. Section 10. 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 thereof. Section 11. This Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED THIS 4th DAY OF Febru y , 2003. 1, avis, Mayor ATTEST: Barbara A. Estep, CMC Village Clerk PPROVED AS TO FORM: Richard Sarafan, Village Attorney EXHIBIT"A" OFFICIAL BALLOT MIAMI SHORES VILLAGE, FLORIDA REFERENDUM ELECTION —APRIL 8, 2003 REFERENDUM REGARDING ISSUANCE OF GENERAL OBLIGATION DEBT TO FINANCE A CHARTER SCHOOL FACILITY. "Shall Miami Shores Village issue general obligation debt not to exceed $5,000,000, issuable in one or more series, maturing within 30 years of issuance bearing interest not exceeding the maximum allowable by law, payable from an unlimited levy of ad valorem taxes on all taxable property within the Village, to provide for construction of a charter school facility in the vicinity of Northwest 5th Avenue and 112th Terrace?" ""Yes"= FOR BONDS "No" = AGAINST BONDS