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HomeMy Public PortalAbout1996-35B Calling a specila election on proposed amendment to the Village Charter providing for debt and debt service limitsRESOLUTION NO. 96-35B A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CALLING A SPECIAL ELECTION ON PROPOSED AMENDMENT TO THE VILLAGE CHARTER PROVIDING FOR DEBT AND DEBT SERVICE LIMITS; PROVIDING FOR REQUISITE BALLOT LANGUAGE; PROVIDING FOR TIMES AND PLACES OF BALLOTING; PROVIDING FOR NOTICE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Dade County Charter Section 5.03 and Village Charter Section 6.02(a) (ii) a petition (the"Petition") has been filed by electors of the Village to propose an amendment to the Village Charter to establish limits on debt and debt service; and WHEREAS, the Petition was certified as sufficient by the Acting Village Clerk on September 27, 1996. BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. That a special election is hereby called for the 21st day of January, 1997 to present to the electors of the Village of Key Biscayne (the "Village") the ballot question provided in Section 3 of this Resolution. Section 2. That balloting shall be conducted between the hours of 7:00 a.m. until 7:00 p.m. at the regular polling places for Village elections. All qualified electors residing within the Village shall be entitled to vote. Section 3. That notice of said election shall be published in accordance with Section 100.342, Florida Statutes, in a newspaper of general circulation within the Village at least 30 days prior to said election, the first publication to be in the fifth week prior to the election, and the second publication to be in the third week prior to the election, and shall be in substantially the following form: NOTICE OF SPECIAL ELECTION PUBLIC NOTICE IS HEREBY GIVEN THAT PURSUANT TO THE PETITION OF ELECTORS AND AN ENABLING RESOLUTION DULY ADOPTED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, (THE "VILLAGE") AN ELECTION HAS BEEN CALLED AND ORDERED TO BE HELD WITHIN THE VILLAGE ON JANUARY 21, 1997, BETWEEN THE HOURS OF 7:00 A.M. AND 7:00 P.M., AT WHICH TIME THE FOLLOWING PROPOSITION SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE VILLAGE. Title: Village of Key Biscayne Debt and Debt Service Limits (Petitioners Committee Proposed Charter Admendment) Shall the Village Charter be amended to limit: a) the Village's debt to 10 of assessed value of all property in the Village; and b) annual debt service to 15% of General Fund expenditures; and to allow the electors to alter either of the above limits by referendum. "Debt" means any long term obligation of the Village which is not required to be paid within one year of its incurrence. Shall the above -described amendment be made? [ ] Yes [ ] No Section 4. That the full text of the proposed amendment, as set forth in the Petition, is to amend Section 4.10 "Borrowing" of the Charter of the Village by adding the new matter shaded below, as follows: Section 4.10 Borrowing: e ` llage 'shall incur rio debt' 'unle: g s s the incurrence of suci debt is approved by at least five (5) councilmembers. 2 A ra.. s er Section 5. That copies of this Resolution and the Petition proposing the Charter amendment are on file in the office of the Village Clerk located at 85 West McIntyre Street, Key Biscayne, Florida, 33149, and will be available for public inspection during regular business hours until 7:00 p.m. on the day of the election. Section 6. That if a majority of the qualified electors voting on the proposed Charter amendment vote for its adoption, it shall be considered adopted and effective upon certification of the election results. Section 7. That this resolution shall become effective upon its adoption. PASSED AND ADOPTED this 14th day of November , 1996. MAYO A t: h4 "di,/ VILLAGE CLERK Approved as to Legal Sufficiency: "V1 VILLAGE ATTORNEY 103001\RESOLUTION\DEBT 3