Loading...
2091Fi =,• t ? . Jr,'?{z?rf,llr"{??`.?7'??':?s ?°. ,s•`"';'" F,.i°.,, ,•?ti..,. -"?!93''?"^::T_:'??.?'?(-?1?? '?,«a7vR1?r?e,lr????!!'•?%? M?.,.a.. f..' •: y,. `s ?? .... ..L 'L.. .. ?j; ... 'y .,} Zvi LS"i•v .., ,y c?, t". "? ."; r?: a .Y. •?1iY`. 1. rf ` ?,4 i- +is a'..': .;?, e^K e'?'',^,tC, °?i. •,? L* .t..`. §ri. t. s ? z ,t IL:??g •, 1 12 1 ,y f`t ORDINANCE NO: 2091 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A NOTE NOT EXCEEDING $126, 233.52 TO BE KNOWN AS THE "MOBILE CONCRETE MIXER NOTE, SERIES 1980, OF THE CITY OF CLEARWATER, FLORIDA" FOR THE PURPOSE OF PROVIDING COST SAVINGS. : • q.°.::}.:,:; . AND INCREASED EFFICIENCY WITHIN THE PUBLIC WORKS DEPARTMENT; AGREEING TO PAY SUCH NOTE FROM LEGALLY AVAILABLE NON-AD VALOREM ' GENERAL FUND REVENUE; PROVIDING FOR THE .i SEPARABILITY OF THE PROVISIONS HEREOF; PROVID- ING FOR PROPER NOTICE OF PROPOSED ENACTMENT;'` •,ia` 3? i:''"tJ,J.Y:,4r 5 CIS' AND PROVIDING FOR THE EFFECTIVE DATE OF THIS p !.•? ?E? s,*4' ?'?'•• . i ORDINANCE. a??'+(?y r ]'j' qqJ}}(?(,, b??1 i.a.fl?ii^.l?d;? •li r. BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: ARTICLE I AUTHORITY, DEFINITIONS AND FINDINGS Section 1.01 AUTHORI'T'Y FOR ORDINANCE. This ordinance is adopted pursuant to the provisions of Section 2-81 of the Code of Ordinances of the City of Clearwater, 1962, Chapter 166, Part II, Florida Statutes, and other applicable provisions of law. Section 1. 02 DEFINITIONS. The following terms shall have the following meanings herein, unless the text otherwise expressly requires: A. "Issuer" shall mean the City of Clearwater, Florida. .11 B. "Obligation" shall mean the note herein authorized to be issued for the purchase of an International Harvester P-2674 with Daffin Concrete ? f A Mobile Body. C. "Holder of Obligation" shall mean any person who shall be the bearer of an obligation authorized to be issued by this ordinance, D. "Project" shall mean the acquisition of an International Harvester F-2674 with Daffin Concrete Mobile Body to be used by the public works department of the City of Clearwater in providing municipal series in a more efficient manner. Section 1. 03 FINDINGS. It is hereby ascertained, determined and declared that: A. The issuer now operates a public works department in the City of Clearwater and provides among other services repairs and maintenance of.Ite ;W110in?a and sewer collection and treatment system. Ord.. #2091. - 1 -:? , 3/6/80 I e! B. It is necessary to acquire additional equipment in order that the services now provided by the department can be provided with greater efficiency thereby preserving and protecting the public health, safety and welfare of the inhabitants of the Issuer. C. The principal and interest on the Obligation shall be payable solely from legally available non ad valorem funds in the general fund. The Issuer shall never be required to levy ad valorem taxes on any property therein to pay the principal of and interest on the Obligation and such Obligation shall not constitute a lien upon any property of or in the Issuer, ARTICLE Ii AUTHORIZATION, TERMS, EXECUTION Section 2. 01 AUTHORIZATION OF ACQUISITION OF PROJECT. There is hereby authorized the acquisition of the Project, consisting of the purchase of an International Harvester F-2674 with Daffin Concrete Mobile Body, pursuant to agreements now on file or to be filed with the Issuer. The cost of such project shad. be the principal purchase price payable over a period of seven (7) years and interest upon the Obligation for not exceeding seven (7) years from the date of delivery thereof; and expenses as may be necessary or incidental to the financing herein authorized and acquisition of the Project and placing the same in operation. Section 2. 02 AUTHORIZATION OF OBLIGATION. Subject and pursuant to the provisions hereof, an Obligation of the Issuer to be known as the "Mobile Concrete Mixer Note, Series 198011, herein referred to as "Obligationt1, is authorized to be issued in the aggregate principal amount of not exceeding One Hundred Twenty Six Thousand Two Hundred Thirty_ Three Dollars and Fifty-two Cents ($126, 233. 52). Section 2. 03 DESCRIPTION OF OBLIGATION. The Obligation shall be dated , 1980; shall consist of a note of the Issuer payable in monthly installments of One Thousand Five Hundred Two Dollars and Seventy-Eight Cents ($1, 502.78); which payment, made in advance of each month, shall fully pay the principal amount of the obligation in seven (7) years plus interest at the rate of 9% per annum on the unpaid principal balance. Ord. 42091. - 2 w i 1 :x/6/80 0 .}' ,f"„fie.' •.tL.sti ?yy ? ,`.. ?• a ; ?; ;? ??es? ? ?^'i?? it . 1 " 'r ak ¦! yh •?`p +r + `? Y Such Obligation shall be issued on a note form as provided herein; shall be payable to bearer with respect to principal and interest as provided .F . herein and in lawful money of the United States of America. 11Section 2. 04 EXECUTION OF OBLIGATION. The Obligation shall be executed in the name of the Issuer by Its City Manager, countersigned by its Mayor-Commissioner and its corporate seal or facsimile thereof ,.'. S"L; .':'?•.::; shall be affixed thereto or reproduced thereon and attested by its City Clerk, -? The Obligation shall be approved as to form and correctness by its City nv?r'" i #?`• I fit'"'' Attorney. In case any officer whose signature shall appear on any Obligation .,...? shall cease to be such officer before the delivery of such Obligation, ouch 'j signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. Section 2.05 NEGOTIABILITY. The Obligation, shall be and shall have all of the qualities and incidents of a negotiable instrument under the law merchant and the laws of the State of Florida, and each successive holder, in accepting such Obligation, shall be conclusively deemed to have agreed that such Obligation shall be and have all of the qualities and incidents of a negotiable instrument under the law merchant and the laws of the State of Florida. Section 2.06 PROVISION FOR REDEMPTION. The Obligation may be made redeemable prior to its respective date of maturity, at the option of the Issuer. Interest shall cease to accrue on the Obligation on the date Issuer exercises its right of, redemption, if payment thereof has been duly provided. A Section 1.07 FORM OF OBLIGATION. The Obligation shall be in substantially the following form, with such omissions, insertions and variations as may be necessary and desirable and which are herein authorized or permitted prior to the issuance of the Obligation; ..3- Ord. #2091 3/6/s0 Dr. , 100,4, 17 1: ?' i 'r " ,d '. '' :L: ? a j... s•P;i,?''dil?' `' .#-'!?•!y.?V,'?'' 1T,, •: `?• yvC_ ' <?.'? 1 ,?.?pk? ? ?s {may ?^? ? • * ? f p r r?a•? ? Y?%'?'??'i??•?t? ?Ccg?J m.?s1,M?)'??4:r:.?t94??°G,L'?i?:"42: a? g f??!s v:t ?n.h3'?+..rs7 tt?i u, as": a?;..'!t,fy .ti4; +"°??» t?; ????ti .. ??; T •a??•?'?' l y;tl ?,'?'a3`?',r S'?' ? ? ?. ° •_ J:5 ?.. f; ter ?.c .s:+fr' y {, ?.? t.. ?.:; A?•t'.t•:rl>:.x r. '+?i?Wlki'w.w++'.+.`...r..«..?•: 1 CITY OF CLEARWATER NOTE KNOW ALL MEN BY THESE PRESENTS that the City of Clearwater, Florida, (hereinafter called "City") for value received, hereby promises to pay to the holder of this Note, from legally available general fund non ad valorem revenues the principal sum of One Hundred Twenty-Six Thousand Two Hundred Thirty-Three Dollars and Fifty-two Cents ($126, 233.52), interest thereon from the date hereof at the rate of nine per centum (9016) per annum on the unpaid principal balance, such interest to the maturity hereof being payable in the form of monthly payments of One Thousand Five Hundred Two Dollars and Seventy-Eight Cents ($1, 50Z. 78) in lawful money of the United States of America at This Note is a single authorized obligation in the amount of $1Z6, 233. 52, issued to finance the cost of the acquiring an International Harvester' F-2674 with Daffin Concrete Mobile Body to improve the effeciency and productivity of the public works department of the City under the authority of and in full compliance with the Constitution and Statutes of the State of Florida, Including Section 2-81 of the Code of Ordinances of the City of Clearwater, Florida Chapter 166, Part 11, Florida Statutes, and other applicable provisions of law and an ordinance duly enacted by the City Commission of the City of Clearwater on the day of March, 1980, and is subject to all the terms and conditions of such Ordinance. This Note does not constitute an indebtedness of the City within the meaning of any constitutional or statutory provision of limitation of indebted- ness and it is expressly agreed by the holder of this Note that such holder shall never have the right to require or compel the exercise of the ad valorem taxing power of the City for the payment of the principal of and interest on this Note. It is further agreed between the City and the holder of this Note that this Note and the obligation it establishes shall not constitute a lien upon the Project, or any part thereof, or on any other property of or in Ord. #2091. -4- 3/6/80 .: j ry s , ii , :AJ { M. MT, the City, but shall be payable from legally available general fund non ad valorem revenues in the manner provided in the Ordinance. The City agrees to always maintain sufficient funds in the designated fund as will always provide revenues sufficient to pay out of such fund as each installment becomes due, the principal and interest of this Note. The agreement to pay from the non ad valorem revenues described by the City under the Ordinance may be discharged at or prior to the maturity or redemption of the Note upon the making of provision for payment thereof on the terms and conditions set forth in the Ordinance. All acts, conditions and things required to exist, to happen and to be performed precedent to and in the issuance of this Note, exist, have happened and have been performed in regular and due form and time as required by the laws and Constitution of the State of Florida applicable thereto, and the issuance of this Note does not violate any constitutional, statutory or ordinance limitation or provision. This Note shall have all the qualities and incidents of a negotiable instrument under the law merchant and the laws of the State of Florida. IN WITNESS WHEREOF, the City of Clearwater, Florida, has issued this Note and has caused the same to be signed by its City Manager, countersigned by its Mayor-Commissioner, and the corporate seal to be affixed and attested by its City Clerk, all as of the day of 19 CITY OF CLEARWATER, FLORIDA Mayor-Commissioner Countersigned: Approved as to form & correctness: City Attorney -5- Ord. #2093.By City Manager Attest: City Clerk 3/6/80 I t ? S4 ? ? i s .1 M t .".'';•?kCi`?1ate*'t7(Q.s?a1??;,'r?K?i;?`'' , t 5? vA t s • . j. :? t x .? . J, ?4?;4. .,+?..??' •. ,`rte..' i?"???!P;?5•, ?r,,'?+;w.. ?a7 ? .?;: r. i ^tq?i:2 f .? c ? .3. :i': ?'ki-.1 a. "S ?x ..,r??, t. .r- ,`F..ss. .C. F,?E •:y.::: _ f ? eti ?. ??i.'-r'. S '? ? `s'r??n.`C.A• M'3?T ?,? k re9 • tF 4- . ?. ? ?}f?? K ? r ?S; { r?'??`?>. •lsj4cr'5,?"?.'?C.'?R{??? ":?§;.,;.'? 1 +y «a ? F ' a ARTICLE III a ;r SOURCE OF PAYMENT OF OBLIGATION Section 3. 01 SOURCE OF PAYMENT. The Obligation herein authorized, shall not be or constitute an indebtedness of the Issuer within t F{f';??''.' the meaning of any constitutional or statutory limitation of indebtedness, ?• but shall be payable solely from the legally available non ad valorem revenue from the General Fund; provided that such agreement to pay shall not `n,"='•s "?rya°t' ~ `C ?L'?f4 ?? a "?? • s-• iy. constitute a lien on or pledge of such funds. No holder of the Obligation shall ever have the right to compel the exercise of the ad valorem taxing power of the Issuer or taxation in any form on real property for payment "kf thereof, but the Obligation shall be payable only from the legally available general fund non ad valorem revenue. Section 3.02 COVENANT TO GENERATE REVENUES. The City agrees to take such lawful action as may be available to it from time to time as will always provide revenues sufficient to pay out of such funds as each installment becomes due, the principal and interest of this Note. ARTICLE IV MISCELLANEOUS PROVISIONS Section 4.01 CANCELLATION. If, at any time, the Issuer shall have paid, or shall have made provision for payment of the principal and interest with respect to the Obligation, then, and in that event, the agreement to pay from legally available general fund non ad valorem revenue in favor of the holder of the Obligation shall be no longer in effect. For purposes of the preceding sentence, a tender of the full amount of principal and interest then due on the Obligation or a separate deposit of the principal and interest payment in a separate account shall be considered "provision for payment". Section 4. 02 SEVERABILITY OF INVALID PROVISIONS. If any one or more of the covenants, agreements or provisions herein contained shall be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against ..? -6- Ord. . #2091 r, :1 _ 3/6/80 r - g,'4? public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreement or provisions shall be null and void and shall be deemed separable from the remaining covenants, agreements or provisions and shall in no way affect the validity of any of the other provisions hereof or of the Obligation issued hereunder. Section 4.03 REPEALING CLAUSE. All ordinances or parlsthereo£ of the Issuer in conflict with the provisions herein contained and of the Original Ordinance are, to the extent of such conflict, hereby superseded and repealed. Section 4. 04 EFFECTIVE DATE, This ordinance shall become effective immediately upon its adoption. Section 2. Prior to the execution of the Note provided herein, the City Manager is authorized to make any insertion in this Ordinance necessitated by the execution of the Note. Section 3. Notice of the proposed enactment of this ordinance has been properly advertised in a newspaper of general circulation in accordance with Section 166. 041, Florida Statutes. PASSED ON FIRST READING February 21, 1980 PASSED ON SECOND AND FINAL READING AND ADOPTED March 6, 1980 M4=-» ommissioner Attest: M City Clerk -7- Ord. #209] . j •i. b .ihrF ,, F??, :,.,?I`• ?g+:.;` ear.}?.'.".?a',ai' . 4 TZT 't;-4{"?ty p• .. ., r .. -.! ?: "ej'__ •;. t.??t,L .. .•. .._ y _. Al l•,"?`` ' x;. ?, ;tip-,.ok.:.r?x??r.. t.. _..... ._.. .•..ri°}rz :f,.. ,,..?`.', ..rt,JP'ai`?•+u.. ...a.?fVk'l•2"3`.C1F?i'Lk-?'C1F"l??Jd.'3E? ,?p? -;?'?,«t''i tom'?, ?S?hky:'i ? i •i - ?l.ii?:i•}? Y{a ? 4j l?`?`? { ?: ?w{{66,?;," ;,•,?rl, ;,?, ?p .a p:'6: `e-. r??? ? x i:?'<.,; `,?' ? ,, i.:,?`?;ra, ?; ?A?.?#..?E:t?n f?}"?,f,, j ?' !,"f°?".i?i•?7"s ?kx; r x??''er •' ae'; ???.. ,??' .'?.?:,:;s}.^x9??:-: 't';?'?.?i.,x?'1 •?3'?.,;t.,'; C•r -.tai ?`i r'i," ..4? '•`}.? : 'i.rrs ?; s?' ?=x t tit ? ,s... ''a3; £',F,.' :,Y .a '',' ,atif t.•.' ".,,,.,. '.'e d,,? I';'.': , 1. '? 13?`}, .1•r??•`w7? <'d'{ 3,.t„i. „ •?•'':?.. iki •:?, f: rr.,!.i.-i. y7 " !lit •` ,! , •?` ,; .;1. ?• ?5• A4, t •b'.f r. ?•`?.'.???f'++????i1.:4.iS1t.F`=?ti'f'-P`ii?r? ??7. j ?. r4}??IC?,M?•''rt i.'.r? 33fi''v G??"3W ?„y,Cy.! «?. '??7 ;`,' ?'' t ?` . c fp<•'^ '? z:M: r?',1'.(+ti? rat,, CLEARWATER SUN Publiahrd lNily 11earwater,Piuellaa Cuunty,Flurida STATE OF FLORIDA COUNTY OF NINELLA5t Before the undermiXnrd authority prraunolty npprrred Mary Ann Morrarrlll, who on oatlt soya that alit Is thr taasalfie,l Sales MmnmAet' of the Ctenrwater Sun, a daily new.ghmper pubiis hrd at Clearwater in Pinellas t:uuniy,Floridal that theattariied ropy of edsertt.rinent,heing u .. . .................... . NQ.tlCA..O1.kx:0PQA9G?..A9iR?.?IAB.n?i. ..........Inthematteruf .................. 0]t:[3lnanC,e..N,oA...2.0,99., 20.9A.a AQ.91 .................. In the ........................ XXXX X ......................... t iuri, was published In said newspaper in the hmues of ...E eb.....2 5 1 A 9. 8.0 ........ ......................... . •,Affiant further says that the said I:learwater Sun is a newspaper published at Urarwater, in said Pinellas County, Flurida, and that the said nrw.paper Ions heretufure been continuously published in said Plneiiaa County, FlorWa, each day and has been eniereil its arrund class mail matter at the post urfice in t:learwater. In said Pinellr¦ Counly, Florida, fur is period of one year nest precrding the first pubtiradun of the attached copy of adtrilisemenit and uffiom further amys that she Iona nri her paid our promised I r d r I f curl s- • ?' , T "`>f' 1 +} tp4 y V TNOTICE OF PROPOSED 3 ENACTMENT OF ORDINANCE Clearwater City Commisslon Meeting March 6, ISM, beginning at 9:20 A.M. Commisslon Meeting Hoom, City Hall, To consider ?• adoption of Ordinance Nos. 2089, 2090 and 2091, titles as follows-' iF AN ORDINANCE OF T11% CITY OF CLE:ARWATER. FLORIj- ,• DA. AMENDING CHAPTER 6. BOATS: DOCKS AND WATE:Ht T OF THE NAVIGATION CHAN PROVIDING FOR REPEAL OF 5 OF ORDINANCES IN CONE HEREWITH TO VIDINO FOR T IlEttE:OF; PROVIDING PENALTIES FOR THE VIOLAT OF THIS ORDINANCE; PROVIDING F'OH PROPER NOT. OF PROPOSED ENACTMENT; AND PROVIDING FOR .1 EFFECTIVE DATE OF THIS OttDINANCL. AN ORDINANCE AUTHORIZINQ THE ISSUANCRiOF NOTE IN THE TOTAL.AMOUNT OF IVI,560.00. INCLUDI INTEREST. TO BE KNOWN AS THE. "TRACTOR WITH TACHMENTS NOTE. SERIES 1980," OF' THE CITY CLEARWA'TER., FLORIDA; AGREEING- TO "PAY SL NOTE FROM LEGALLY AVAILABLE NON-AD VALOR. GENERAL FUND REVENUE; PROVIDING FOR THE Sl ERABILITY OF THE PROVISIONS HEREOF; PHOVID] FOR PROPER NOTICE OF PROPOSED ENACTMENT; A PROVIDING FOR THE EFFECTIVE DATE; OF THIS.1 DINANCE. . li ' ' ' - , %'r AN ORDINANCE .'AUTHORIZING ,THE ' ISSUANCE OF NOTE: NOT EXCEEDING $1Y6,11M.S2 I'D BE KNOW?] AS T ¦' any person, firm ur eurppeurallun any disrount, rrbatr, runhndss art ur re Uri ur t to purpose a we nit "MOBILE CONCRETE MIXER NOTE, SERIES [ON,DF THE' this adverilament foripuldictitlur, In the said ttewspalirr. CITY OF CLEARWATER, FLORIDA" FOR THE PURPOSE f OF PROVIDING COST SAVINGS AND INCREASED E:FFI•'? CIENCY WITHIN THE PUBLIC WORKS DEPARTMENTI'I AGREEING TO PAY SUCH NO.1% FROM LEGALLY AVAIL, ABLE NON-AD VALOREM GENERAL FUND REVE;NUf;;9 • . • , . • , • • • .. • , • • • • • • c ?' • • PROVIDING FOR THE SEPARABILITY OF' • THE PRG-3 VISIONS HEREOF,1PROVIDING FOR PROPER NO'T'ICE: Ole 'lwurn to and sudweribed before me 0 ti PROPOSED ENAC'T'MENT; AND PROVIDING FOR THE kIF'1 Z FECTIVE DATE OF THIS ORDINANCE. this..... 2 5. 11 y n F r~b,xll$.I'Y..... AJ). ly$.Q. 2$ Cititens may be present to speak-on the ordinances and/or"triajr Impect them prior to above date at City Attorney'$ Office, 2rd floor, "City Halt. lii,l[, • • • Notary Ublte Gt+ City at Clammatar. F'lorlda t C4t Lucille Williams, CityhClark".yi, I, tt I ` u6ra9r 9u9uc, :r?tt¢ its Raaloit al ti4Ret h.1lIS1 my.t;OMIA1151011 UpriEa MAY 11, I111 la Feb. 25' ?9Y0IA, i11YY lEMi9lii. IM1, uJ+91idr1AltlRl ; w r?