R-1590-17 RESOLUTION NO. 1590-17
A RESOLUTION OF THE MIAMI SHORES VILLAGE COUNCIL, MIAMI
SHORES, FLORIDA,CALLING FOR A REFERENDUM REGARDING THE
ISSUANCE OF GENERAL OBLIGATION DEBT BY MIAMI SHORES
VILLAGE IN AN AMOUNT NOT TO EXCEED TWENTY MILLION
DOLLARS($20,000,000) FOR THE PURPOSE OF PROVIDING A
NEW COMMUNITY CENTER AND ASSOCIATED RECREATION FACILITIES.
WHEREAS, Miami Shores Village intends to design, construct, equip and otherwise provide a
new community center and associated recreation facilities ("Facility") that will expand the services
for the citizens of Miami Shores Village for all groups and all ages; and,
WHEREAS, Miami Shores Village intends to seek approval of the electors for the issuance of
general obligation debt in an amount not to exceed Twenty Million Dollars ($20,000,000) for the
purpose of designing, constructing, equipping and providing a new community center and
associated recreation facilities; 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 such
general obligation debt by the municipality; and,
WHEREAS, due to the adoption of Ordinance No. 734-17 providing for a change in the date for
the Village election originally scheduled for Tuesday, April 11, 2017 to Tuesday, April 18, 2017, the
Village Council does hereby adopt this Resolution to allow for coinciding election dates.
NOW,THEREFORE, BE IT RESOLVED BY MIAMI SHORES VILLAGE, FLORIDA that:
Section 1. Subject to a referendum provided for herein and 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) any other similar
indebtedness in an aggregate principal amount not to exceed Twenty Million Dollars ($20,000,000),
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, in each case as shall be determined by resolution by the Village prior to
the time 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 with a new "Facility" that will
expand the services for the citizens of Miami Shores Village for all groups and all ages.
Section 2. 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 Village Council election on April 18`h, 2017, for the purpose of determining whether the
qualified electors of the Village approve the issuance of the debt to finance the costs of a new
community center and associated recreation facilities.
Said Referendum shall be held at the same polling place as utilized for the Village Council
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 Village Council
election. The polling place for the Referendum shall be open from 7:00 AM to 7:00 PM on the same
day as the Village Council 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. The following bond referendum question shall be placed on the ballot of the April 18'.
2017 Village Council Election:
"Shall Miami Shores Village issue general obligation debt through general obligation
bonds or other similar indebtedness not to exceed $20,000,000 issuable in one
or more series, maturing not later than thirty 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 the design, construction
and equipping of a new community center and associated recreation facilities?"
Section 4. The form of the ballot for the election shall be as 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 Miami Dade County Supervisor of Elections ("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 Official shall prepare and file returns of such
Referendum 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 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 of general circulation within the Village, once each 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 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 shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portions hereof.
Section 11. This Resolution shall take effect immediately upon its passage and adoption.
PASSED AND ADOPTED THIS 7th day of February 2017.
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Alice Burch, Mayor
ATTEST:
41" a, l Y—
Barbara A. Estep, MMC
Village Clerk
APPROVED AS TO FORM:
Richard Sarafan
Village Attorney
EXHIBIT"A"
BOND REFERENDUM TO PROVIDE FOR A NEW COMMUNITY CENTER AND ASSOCIATED
RECREATION FACILITIES FOR MIAMI SHORES VILLAGE.
"Shall Miami Shores Village issue general obligation debt through general
obligation bonds or other similar indebtedness not to exceed $20,000,000,
issuable in one or more series, maturing not later than thirty 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 the design, construction and equipping of a new
community center and associated recreation facilities?"
FOR BONDS
AGAINST BONDS