1963-486ORDINANCE NO. 486 VETOED 8 -20 -63
a� (see sheet #2)
ORDINANCE OF CITY OF SOUTH MIAAI, FLORIDA,`
ACCEPTING OFFER OF HELEN G. PENNOCK TO SELL
TO THE CITY A OF SE4 'OF SE'h OF NEh; SECTION
26- 54 -40, AT PRICE `OF $5Q;+000; PROVIDING FOR
MANNER -OF PAYMENT; PROVIDING FOR -CITY MANAGER
TO ISSUE EVIDENCE OF INDEBTEDNESS "DROVIDING
FOR SEVERABILITY AND EFFECTIVE DATE
BE IT'ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF SOUTH MIAMI, FLORIDA:
1. That the offer of HELEN G. PENNOCK to sell unto the
City at a price of $50;,'000 `that ceitain` parcel of land, ''together
with the improvements thereon, being legally described as, to -wit:
Wh of Southeast `of ;. Southeast 4�of
Northeast-34- of Section 26, Township '54
South,- Range' --40 East, less the South 35
feet tereof, lying and being in' "Dade County,
Florida,
is hereby accepted, and the City Manager 'authorized t6-act on
behalf of the City "iii all particulars relating to the purchase of
said lands by the City.
2. The purchase price of said land shall be paid as follows:
A. The-property to be conveyed subject to existing
mortgages in the approximate amount of $24;000.
B. $5,000 shall be paid at the time of closing.
C. $1,500 shall be paid on October 1, 1963.
D. The balance of the purchase price shall be paid
by the City's evidence of indebtedness in the
approximate amount of $19,500. Said evidence of
indebtedness'to bear 6% interest, and be payable
October 1, 1964, with the right or prepayment being
reserved, without penalty. The indebtedness there-
by created shall be secured by a purchase money
mortgage pledging the purchased land as security
and shall be payable out of an authorized budgetary
appropriation for the fiscal year 1964 -1965, although
the indebtedness shall not constitute an obligation
upon the taxing powers of the City.
3. The City Manager is authorized and directed to execute
on behalf of the City any and all instruments made necessary by
this purchase, including the aforementioned evidence of indebted-
ness and mortgage, without further Council action.
}
Page *2 ORDINANCE Nn. 486
4. That the City Council does by -this Ordinance state their
intention and purpose of purchasiig -such lands as being for the
acquisition and providing of playground, recreation area, park,
storage facilities and such other purposes as the Council may
declare by Resolution.
S. It is the 'intention of the -City Council that this Ordinance
and every provision thereof shall be considered severable, and
the invalidity of any section, clause, provision or part or
portion of any section, clause or provision` of this Ordinance
shall not affect the validity of any other portion of this
Ordinance.
6. This Ordinance shall become effective upon`its adoption
in the manner provided by law.
PASSED AND ADOPTED this `6th day 0-k"W gust, A.D. 1963
Presiding Officer, City Council
ATTEST:
City Clerk
First and Second and Third readings` "pas"sed'by Council 8 -6 -63
Returned to Council August 20, 1963 with Mayor's VETO
Council voted Yes, 5; No, O, in concurrence with Mayor's Veto.
I L:
August 19, 1963
me
From: The Mayor
To: Council of South Miami
SUBJECT: ORDINANCE NO. 486 relati -ve to the Pennock property,
caption of whi8h follows:
ORDINANCE OF CITY OFg $OUTii ` MIAMI, FLORIDA,
ACCEPTING OFFER OF HELEN 'G. PENNOCK'TO SELL
TO THE CITY W''OF SEA OF SE,, OF NEB,` SECTION
26- 54 -40, AT PRICE OF'$50',000; PROVIDING FOR
MANNER OF PAYMENT; PROVIDING FOR.CITY MANAGER
TO ISSUE EVIDENCE or INDEBTEDNESS :PROVIDING
FOR SEVERABILITY AND EFFECTIVE DATE
WHEREAS, the Council has'seen fit to pass, in good faith,
Ordinance No. 486, and
WHEREAS, discovery by the City Attorney, in his probe of
the abstract, has revealed that a deed restriction prohibits the
use of"the`land'in question as 'intended by the Council, and
WHEREAS, all attempts to receive releases of this covenant
i
have been to no avails
NOW, THEREFORE, I, Paul U. Tevis with the authority mooted
in me, as Mayor of South Miami, according to Article 2, Section '19,
Paragraph 3 of our City Charter, do hereby attach my VETO to this
Ordinance and return same for further consideration by the Council.
e-
Paul U. Tevis, Mayor