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HomeMy WebLinkAboutBack-Up from Law Dept11 /30/21, 9:14 AM ARTICLE IX. - FINANCIAL POLICIES Miami, FL Code of Ordinances DIVISION 1. - ANTI-DEFICI ENCY ACT Footnotes: --- (8) --- Note— See the editor's note to Ch. 2, Art. X11. Sec. 18-500. - Established. Regulations, to be known as the Anti -Deficiency Act, are hereby established to provide mandatory procedures to be used by department directors, the city manager, city attorney, city clerk, mayor, commissioners, and executive directors of agencies, authorities, trusts, boards, or commissions funded in whole or in part by the city, with authority to direct obligation or disbursement of city funds. However, the herein regulations shall not apply to the three City of Miami Retirement Trusts which are the City of Miami Firefighters' and Police Officers' Retirement Trust, the City of Miami General Employees' and Sanitation Employees' Retirement Trust, and the City of Miami Elected Officers' Retirement Trust. (Ord. No. 11727, § 2, 11-17-98; Ord. No. 11890, § 2, 2-10-00; Ord. No. 12026, § 2, 2-22-01) Sec. 18-501. - Definitions. As used in this article: Agency or agencies shall mean, including, but not limited to, any agency(s), authority(s), trust(s), board(s), or commission(s) funded in whole or in part by the city, except the City of Miami Firefighters' and Police Officers' Retirement Trust, the City of Miami General Employees' and Sanitation Employees' Retirement Trust, and the City of Miami Elected Officers' Retirement Trust. Authority to direct obligation or disbursement shall mean any permission, approval, consent, or signature from a department director or executive director of an agency, authority, trust, board, or commission funded in whole or in part by the city, except for the City of Miami Firefighters' and Police Officers' Retirement Trust, the City of Miami General Employees' and Sanitation Employees' Retirement Trust, and the City of Miami Elected Officers' Retirement Trust (the "Retirement Trusts"), or a single individual, specifically designated in writing by a department director or executive director of an agency, authority, trust, board, or commission funded in whole or in part by the city, except for the Retirement Trusts, and acknowledged and accepted in writing by the designee, and kept on file within the department, agency, authority, trust, board, or commission funded in whole or in part by the city, except for the Retirement Trusts, regardless of form, which permits or authorizes expenditure of funds, excluding documents or forms which process such authority. 1/13 11 /30/21, 9:14 AM Miami, FL Code of Ordinances Department directors shall mean directors of all departments of the city including heads of offices and shall include persons responsible for individual budgets as set forth in the annual appropriations ordinance. Notwithstanding any delegation of authority for the act of budget oversight, heads of departments or offices shall not be relieved of responsibility related to this act. Executive directorshall mean the executive directors of all agencies, authorities, trusts, boards, or commissions, including heads of offices, funded in whole or in part by the city, and shall include persons responsible for the individual annual budgets for each agency, authority, trust, board or commission approved by the city commission, except for the City of Miami Firefighters' and Police Officers' Retirement Trust, the City of Miami General Employees' and Sanitation Employees' Retirement Trust, and the City of Miami Elected Officers' Retirement Trust. Notwithstanding any delegation of authority for the act of budget oversight, the executive director shall not be relieved of responsibility related to this Act. Obiigationaiauthorityshall mean any document, ordinance, resolution or paper, regardless of form, which grants permission for an expenditure. (Ord. No. 11727, § 2, 11-17-98; Ord. No. 11890, § 2, 2-10-00; Ord. No. 12026, § 2, 2-22-01) Sec. 18-502. - Procedures and implementation. The procedures set forth herein apply where a continuing ordinance or resolution of the city commission which specifically directs an expenditure of funds, and identifies a source of funds to increase the obligation/expenditure authority has not been enacted, extended, or renewed by the city commission to provide temporary obligational authority. Notwithstanding the adoption of an ordinance or resolution by the city commission expending funds, any ordinance or resolution which exceeds an approved departmental or agency budget may be considered voidable and shall be placed on the next regular city commission agenda by the city manager or executive director for budget approval and adjustments as deemed appropriate. Nor may any individual in authority instruct an employee of the city to exceed, without legal authority, the annual budget appropriation for any department or agency. This following Anti - deficiency Act is hereby enacted and regulations set forth as follows: (1) This section applies to all obligations chargeable to annual appropriations, and prior year billing, or multiple -year appropriations which have expired, and for which the obligational authority has not been extended. This section shall additionally apply to the city manager, department directors, and executive directors with authority to approve overtime budgets. (2) The city manager, assistant city managers, department directors, and executive directors with authority to direct obligation or disbursement of city funds may not enter into contracts or any other agreements for the future payment of money in excess of those funds approved in 2/13 11/30/21, 9:14 AM Miami, FL Code of Ordinances the current year budget by ordinance or resolution. However, the terms and conditions set forth in the document related to debt issuance and long-term capital improvement projects and other approved multi -year agreements shall be controlling. (3) Any obligation incurred in excess of an annual departmental or agency appropriation represents a violation of the Anti -Deficiency Act. No such obligation shall be incurred unless the city commission or city manager through emergency powers, has enacted legislation or exercised authority extending a department's or agency's obligational authority of a department or agency. However, should an emergency, defined under state law as any occurrence, or threat thereof, whether natural, technological, or manmade, in war or in peace, which results or may result in substantial injury or harm to the population or substantial damage to or loss of property, occur and temporary obligation authority is authorized, said obligations and authority shall require an ordinance or resolution for the ratification, approval and confirmation of said action together with such other necessary actions to ensure a balanced year-end budget by an affirmative majority vote of the members of the city commission at the next immediate regularly scheduled meeting of the city commission or special meeting called for that purpose. (4) The prohibitions contained herein are applicable to the city manager, department directors, or executive directors with the authority to verify and/or approve the availability of funds, disburse or obligate funds for the city. The provisions contained herein apply to the offices of the mayor, city clerk, city attorney, city commission, the city manager, all departments and agencies budgets which incorporate overtime budgets and prior year billings, and funds, including but not limited to non -departmental accounts and the capital improvements program. (5) The city manager shall promulgate policies which instruct department directors with authority to direct obligation or disbursement of city funds to assure compliance with this act. (6) The city commission shall promulgate policies which instruct executive directors with authority to direct obligation or disbursement of city funds to assure compliance with this act. (7) The official or employee verifying the availability of funds, and/or approving budget authority and/or certifying a voucher, purchase order or any other paper indicating availability of funds is responsible for ensuring that the expenditure will not exceed the department's or agency's current year budget appropriations for that line item. (8) Any employee of the city who has knowledge or a reasonably based belief that a budget of the city may be in violation of this act shall have the right to be heard under the provisions for a monthly status of the city budget set forth below. Any such person shall not be penalized in any manner for actions taken to report violation of this act. (9) A department director or executive director with obligation or disbursement authority shall 3/13 11/30/21, 9:14 AM Miami, FL Code of Ordinances be in violation of this act if he/she willfully withholds invoices, payments, settlement, or any other instrument of city debt which were incurred and due in the current fiscal year in an effort to avoid exceeding the approved current year budget. (10) The city manager shall have the authority to adjust line items in an amount not to exceed ten percent of a department's budget so long as the total annual projected expenditures of a department do not exceed the department's current budget, and said adjustment is verified by the department of management and budget. Additionally, all proposed budget adjustments between departments, including capital improvements projects shall require approval by city commission ordinance or resolution. During the fourth quarter of the fiscal year, any changes or deviations in excess of $5,000.00 per transaction from the current approved budget for those departments under the authority of the city manager shall require city manager approval, with the advice and written concurrence of the member of the city commission designated as the presiding officer, a copy of which shall be provided to the city clerk. (11) The executive director shall have the authority to adjust line items in an amount not to exceed ten percent of an agency's budget so long as the total annual projected expenditures of the agency does not exceed the agency's current budget, and said adjustment is verified in a manner using acceptable accounting principles. During the fourth quarter of the fiscal year, any changes or deviations in excess of $5,000.00 per transaction from the current approved budget for those agencies shall require written concurrence of the member of the city commission designated as the presiding officer, a copy of which shall be provided to the city clerk. (12) Notification of possible deficiency. Any department director, executive director or individual with authority to verify the availability of funds, or direct obligation or disbursement of city funds who anticipates or has reason to believe that the annual budget of a department or agency may exceed the sum appropriated in the approved budget ordinance or resolution (a "deficiency") shall immediately provide written notification to the mayor, the city commission, city manager, city attorney, city clerk, and the director of the department of management and budget. Said notification shall include the cause of the deficiency, the amount of the deficiency and the recommended remedial action to cure the deficiency. (13) The city manager shall present monthly, except during the month of September, a written report on the status of the city budget at a city commission meeting. The executive directors of all agencies shall each present quarterly, except during the month of September, a written report on the status of the individual agency's budget at a city commission meeting. At a minimum, this report should generally include, but not be limited to, the following information in a form acceptable to the city commission: fund summary, revenues by category and expenditures by major object, revenues by category and expenditure by 4/13 11 /30/21, 9:14 AM Miami, FL Code of Ordinances department, or revenues by minor object-recurring/non-recurring, expenditures by minor object-recurring/non-recurring, revenues by minor object -recurring, revenues by minor object -non -recurring, expenditures by minor object -recurring, expenditures by minor object - non -recurring, bank reconciliation memo, cash positions for all funds, investments outstanding as of the preceding month, cash received year to date, cash received for the current month or preceding month, human resource personnel reports, including computation which details sworn or unsworn personnel. The city external auditor shall present the comprehensive annual financial report or status thereof no later than the end of the second quarter of each fiscal year. The external auditors engaged by the individual agencies shall each present the agencies' comprehensive annual financial reports or status thereof no later than the end of the second quarter of each fiscal year. (Ord. No. 11727, § 2, 11-17-98; Ord. No. 11890, § 2, 2-10-00; Ord. No. 12026, § 2, 2-22-01) Sec. 18-503. - Violations of act; penalties. (1) A duly adopted ordinance or resolution shall provide obligational authority and if enacted will not constitute a violation of this act. (2) No provision contained in this section shall be construed to violate fair labor laws or any provision of the current, approved union contracts, or any other legally binding issues which have been the subject of collective bargaining. (3) Effective January 1, 2000, the violation of any provisions of this act shall constitute a civil offense and be punishable by civil penalty in an amount not to exceed $500.00, in a court of competent jurisdiction. Without regard to culpability, violation of this law may serve as one element of a basis for employment termination. (Ord. No. 11727, § 2, 11-17-98; Ord. No. 11890, § 2, 2-10-00) Secs. 18-504-18-540. - Reserved. DIVISION 2. - FINANCIAL INTEGRITY PRINCIPLES Sec. 18-541. - Established; implementation; review; reports. (a) Financial integrity principles and policies to assure and maintain financial integrity in the city are hereby established and shall be implemented immediately upon adoption of this division. (b) The financial integrity principles as set forth herein shall be reviewed and updated as necessary, at least every three years. The city's independent auditor general shall be responsible for preparation of a written report to be transmitted to the mayor and the members of the city 5/13 11 /30/21, 9:14 AM Miami, FL Code of Ordinances commission by July 1 of each year as to compliance with the principles and policies set forth in this division. The report shall include recommendations for additional policies or actions, to be considered for action after reviewing the latest annual audit comprehensive annual financial report (CAFR), single audit report, and management letter comments. (Ord. No. 11890, § 4, 2-10-00; Ord. No. 12276, § 2, 9-11-02; Ord. No. 12727, § 2, 9-22-05; Ord. No. 13767, § 2, 5-10-18; Ord. No. 13899, § 4, 4-9-20) Sec. 18-542. - Financial integrity principles. The following financial integrity principles are hereby adopted: (1) Structuraiiybaianced budget. The city shall maintain a structurally -balanced budget. Recurring revenues will fund recurring expenditures. (2) Revenue estimating conference process. The city shall adopt budgets and develop its long and short-term financial plans utilizing a professional revenue estimating conference process. Conference principals shall include, but not be limited to one principal from the budget office; one principal from the finance department; and two non -staff principals with public finance expertise. (3) interfund borrowing. The city shall not borrow or use internal fund transfers to obtain cash from one fund type or reserve to fund activities of another fund type or reserve unless such use is deemed lawful, and unless the revenue estimating conference has determined that (a) the funds to be loaned will not be needed during the lending period, and (b) the funds for repayment will be available within a two-year period. Any actions taken to borrow funds under these conditions must be separately presented to and approved by the city commission and the term of such borrowing shall not extend beyond the last day of the subsequent fiscal year. Recognizing that some programs are funded by grants or other entities on a reimbursement basis, the city shall apply for such reimbursements on a timely basis to minimize the period that city funds are used as float. In the event loans/float for these reimbursements extend beyond the end of a fiscal year, such reimbursements shall be reflected as receivables in the comprehensive annual financial report (CAFR) to the extent allowed under accounting principles generally accepted in the United States of America (GAAP). The department of finance shall make a quarterly determination of the amount of expenses incurred which may not be reimbursable under these programs. A quarterly report of expenses incurred but not reimbursable shall be presented to the city commission, together with the actions needed to avoid project deficits. (4) For purposes of this section: "city-wide surplus for any fiscal year" is defined as the increase 6/13 11 /30/21, 9:14 AM Miami, FL Code of Ordinances in unreserved general fund balance as reflected in the city's CAFR; "city-wide deficit for any fiscal year" is defined as the decrease in unreserved general fund balance as reflected in the city's CAFR; and "budget surplus of any office, department or elected official" is defined as the excess of budgeted expenses over actual expenses in any fiscal year. Notwithstanding anything to the contrary in this section, the total amount of budget surplus to be added to designated reserves and special revenue funds pursuant to this section (together, the "rollover amounts") is limited to city-wide surplus for any fiscal year. In the event the rollover amounts would result in a city-wide deficit, then each budget surplus within the rollover amounts shall be reduced proportionately so the city's CAFR) will reflect no change in undesignated, unreserved general fund balance. In the event that a city-wide deficit would result before effecting the rollover amounts in any fiscal year, then no rollover amounts shall be available. a. Budget surpluses in an elected official's budget in any fiscal year shall be reflected as designated reserves at the end of the fiscal year in which such surplus arose and be appropriated for discretionary use of such elected official for the following fiscal year. b. Budget surpluses of the parks and recreation department shall be allocated, as of the end of the fiscal year in which such surplus arose, to a parks and recreation department special revenue fund. Allowed expenditures from the parks and recreation department special revenue fund shall be limited to the purchase of parks recreational and maintenance equipment, capital improvements for the city's parks, and the direct operations of recreational programs in and for the city's parks, subject to appropriation by the city commission. c. Budgeted surpluses of the department of real estate and asset management shall be allocated, as of the end of the fiscal year in which such surplus arose, to a public facilities special revenue fund. Allowed expenditures of the public facilities special revenue fund shall be limited to capital improvements for the city's public facilities, subject to appropriation by the city commission. d. Budgeted surpluses of the department of innovation and technology shall be allocated, as of the end of the fiscal year in which such surplus arose, to an IT strategic plan special revenue fund. Allowed expenditures of the IT strategic plan special revenue fund shall be limited to expenditures, excluding those related to permanent city staff, necessary for the implementation of the city's information technology strategic plan, subject to appropriation by the city commission. Department names may change from time to time. This section shall be applicable to those departments regardless of its designation in a given fiscal year. (5) Reserve policies. The following three reserve policies categories are established for the 7/13 11 /30/21, 9:14 AM Miami, FL Code of Ordinances general operating fund of the city: a. Currentfisca/year contingency. A "contingency" reserve level of $5,000,000.00 shall be budgeted annually. Such contingency reserve shall be available for use, with city commission approval, during the fiscal year, to fund unanticipated budget issues which arise or potential expenditure overruns which cannot be offset through other sources or actions. The unused portion of the budgeted contingency reserve in any fiscal year shall be reflected as unassigned fund balance reserves until such time as the city has funded 50 percent of the liabilities of the long-term liabilities (excluding bonds, loans, and capital lease payables) as reflected in the city's CAFR). Amounts not needed to satisfy the 50 percent requirement shall be considered general fund unassigned fund balance reserve and be treated in accordance with subsection (5)b below. b. General fund unassigned fund balance reserves. The city shall retain unassigned fund balance reserves equal to a threshold ten percent of the prior three years' average of general revenues (excluding transfers). Amounts designated as "contingency" reserve in subsection 5a. above shall be included in the calculation of meeting the ten percent of the prior three years average of general revenues for the unassigned fund balance category. Such reserves may only be used for offsetting an unexpected mid -year revenue shortfall or for funding an emergency such as a natural or man-made disaster, which threatens the health, safety and welfare of the city's residents, businesses or visitors. Any time these reserve funds fall below the ten percent threshold, the city commission shall adopt a plan to achieve the threshold within two fiscal years and the city manager shall present an oral report at the second commission meeting of every month, except during the month of September, regarding: i) the status of the current fiscal year budget, and ii) the proposed budget for the subsequent fiscal year. Such oral report shall appear on the city commission agenda as a discussion item under the agenda category titled "Budget." Amounts in excess of the ten percent threshold may be used for capital improvements, unanticipated expenditures necessary to assure compliance with legal commitments, and for expenditures that will result in the reduction of recurring costs or the increase in recurring revenues of the city. c. General fund designated fund balance reserves. The city shall retain designated fund balance reserves equal to ten percent of the prior three years average of general revenues (excluding transfers). The designated fund balance reserves shall be classified as either restricted, committed, or assigned and such designation shall be based on standards and guidance established, and amended from time to time, by the Governmental Accounting Standards Board (GASB). Such reserves shall be used for funding long-term liabilities and commitments of the city such as: 1. Compensated absences and other employee benefit liabilities, including liabilities 8/13 11 /30/21, 9:14 AM Miami, FL Code of Ordinances related to post -retirement benefits; 2. Self-insurance plan deficits (including workers compensation, liability claims and health insurance); 3. Anticipated adjustments in pension plan payments resulting from market losses in plan assets and other unanticipated payments necessary to maintain compliance with contractual obligations. Payment for compensated absences and other employee benefit liabilities and self-insurance plan deficits may be drawn from this reserve during the fiscal year and shall be replenished each year until 50 percent of such the liabilities are funded. Other designated reserves may be drawn upon without the need for replenishment. (6) Proprietary funds. The city shall establish proprietary funds only if the costs to provide the service are fully funded from the charges for the service. (7) Multi year financial plan. The city commission shall annually adopt a five-year financial plan by September 30 of each year, reflecting as the base year, the current year's budget. For fiscal year 2004 the multi -year financial plan will be adopted no later than 30 days after the completion of labor negotiations. Such plan will include cost estimates of all current city operations and pension obligations, anticipated increases in operations, debt service payments, reserves to maintain the city's officially adopted levels of reserves and estimated recurring and non -recurring revenues. This plan will be prepared by fund and reflect forecasted surpluses or deficits and potential budget balancing initiatives, where appropriate. (8) Multi year capital improvements plan. a. Annual review and adoption. The city commission shall annually adopt a capital improvements plan ("CIP") simultaneously with the adoption of the city's final budget pursuant to F.S. § 200.065. The CIP shall address cost estimates for all necessary infrastructure improvements needed to support city services, including information technology, with an adequate repair and replacement ("R&R") component. Funded, partially funded and unfunded projects shall be clearly delineated. The CIP shall be detailed for the current fiscal year and for five additional years and, if practicable, additional required improvements aggregated for two additional five-year periods. To the extent feasible, department heads shall be required to submit independent needs assessments for their departments for use in preparing the CIP. The CIP will include and identify revenue sources and unfunded projects. The CIP shall include estimates of the operational (including maintenance) impacts produced for the operation of the capital improvements upon their completion. The CIP shall include a component reflecting all on- going approved capital projects of the city, amount budgeted, amount spent since the start date, remaining budget, and estimated completion date. Approved projects shall be 11 /30/21, 9:14 AM Miami, FL Code of Ordinances reviewed and addressed in the CIP annually. Beginning in fiscal year 2019-2020, all future capital project funding amounts shall be budgeted and reflected in the CI in $1,000.00 increments. b. Delegation of authority to city manager regarding completed projects and cancelled projects; quarterly reporting. The city commission hereby delegates to the city manager the authority, on a quarterly basis, to sweep funds from the project accounts of all completed projects and all cancelled projects with remaining fund balances of less than $100,000.00 in unexpended funds into the citywide non -departmental capital outlay reserve accounts. The city manager shall endeavor to move such funds into active, capital projects with current shortfalls within the same commission district from which the funds had previously been budgeted. The city manager and the budget director shall provide written quarterly reports for the previous quarter just ended to the city commission of all such amounts of unexpended funds from the project accounts of all completed projects and all cancelled projects that have been swept from such project accounts into the citywide non -departmental capital outlay reserve accounts. (9) Debt management. The city shall manage its debt in a manner consistent with the following principles: a. Capital projects financed through the issuance of bonded debt shall be financed for a period not to exceed the estimated useful life of the project. b. The net direct general obligation debt shall not exceed five percent and the net direct and overlapping general obligation debt shall not exceed ten percent of the taxable assessed valuation of property in the city. c. The weighted average general obligation bond maturity shall be maintained at 15 years or less. d. Special obligation debt service shall not exceed 20 percent of non -ad valorem general fund revenue. e. Revenue based debt shall only be issued if the revenue so pledged willfully fund the debt service after operational costs plus a margin based on the volatility of the revenues pledged. (10) Financial oversight and reporting. The city shall provide for the on -going generation and utilization of financial reports on all funds comparing budgeted revenue and expenditure information to actual on a monthly and year-to-date basis. The finance department shall be responsible for issuing the monthly reports to departments, the mayor, and city commission, and any information regarding any potentially adverse trends or conditions. These reports should be issued within 30 days after the close of each month. 10/13 11 /30/21, 9:14 AM Miami, FL Code of Ordinances The independent external auditor shall prepare the city's CAFR by March 31 st of each year. The single audit and management letter of the city shall be prepared by the independent external auditor by April 30th of each year. The independent external auditor shall present the findings and recommendations of the audit, single audit, and management letter, to the mayor and city commission at a scheduled commission meeting prior to July 30th of each year. Financial reports, offering statements, and other financial related documents issued to the public, shall provide full and complete disclosure of all material financial matters. (11) Basic financial policies. The city shall endeavor to maintain formal policies, which reflect "best practices" in the areas of: a. Debt. Such policy shall address affordability, capacity, debt issuance, and management. b. Cash management and investments. Such policy shall require 24-month gross and net cash -flow projections by fund and address adequacy, risk, liquidity, and asset allocation issues. c. Budget development and adjustments. Such policy shall establish proper budgetary preparation procedures and guidelines, calendar of events, planning models by fund, budget adjustment procedures, establishment of rates and fees, indirect costs/interest income and the estimating conference process. The proposed budget should be scheduled to allow sufficient review by the mayor and city commission while allowing for sufficient citizen input. The city budget document reflecting all final actions as adopted by the city commission on or before September 30th of each year, shall be printed and made available within 60 days of such adoption. d. Revenue collection. Such policy shall provide for maximum collection and enforcement of existing revenues, monitoring procedures, the adequacy level of subsidy for user fees, and write-offs of uncollectible accounts. e. Purchasing policy. Such policy shall establish departmental policies and procedures and provide appropriate checks and balances to ensure that city departments adhere to the city's purchasing policies. (12) Evaluation committees. a. Solicitations. (i) The city commission, as the governing body of the city, shall establish an independent external auditor selection committee in accordance with the requirements of, to undertake, and to follow the processes and procedures required by F.S. § 218.391(1)— (3), as amended, for solicitations through requests for proposals, evaluations, 11/13 11 /30/21, 9:14 AM Miami, FL Code of Ordinances rankings, and recommendations to the city commission for the city's independent external auditors to conduct the City's annual financial audit required by F.S. § 218.39, as amended. On each occasion that there is a competitive solicitation for selection of an independent external auditor pursuant to this section, the city commission will appoint one of its members, on a rotating basis, to serve as the chair of the selection/evaluation committee. The city commission shall then follow the requirements of F.S. § 218.391(4)-(6) and (9), as amended, for the selection of and contract negotiations and minimum contract terms, conditions, and provisions for any final contract executed pursuant to F.S. § 218.391(7) and (8), as amended, with any independent external auditor selected to conduct the city's annual financial audit required in F.S. § 218.39, as amended. (ii) For all other solicitations, an evaluation committee, consisting of a majority of citizen and/or business appointees from outside city employment, shall be created, to the extent feasible, to review city solicitations ("requests for proposals," "requests for qualifications," etc.). The recommendation(s) of the evaluation committee shall be provided to the mayor and city commission on all such solicitations prior to presentation to the city commission for official action. b. Collective bargaining agreements. The city finance committee, established pursuant to city commission resolutions 98-631 and 98-767, and the budget director shall review and provide recommendations to the city manager regarding all memorandums of understanding (M.O.U.$) entered into between the city and any collective bargaining unit that amend, alter, or modify any existing collective bargaining agreement and that may have a fiscal impact of $500,000.00 or more, and all collective bargaining agreements. The finance committee shall provide its recommendations regarding such M.O.U.s and collective bargaining agreements to the city manager not less than 14 days prior to consideration by the city commission of any said M.O.U. or collective bargaining agreement for ratification. In the event that the finance committee is unable to meet within the timeframes provided herein, then the city manager shall proceed to the city commission for ratification. (13) Full cost of service. The city shall define its core services and develop financial systems that will determine on an annual basis the full cost of delivering those services. This information shall be presented as part of the annual budget and financial plan. (Ord. No. 11890, § 4, 2-10-00; Ord. No. 12113, § 1, 9-25-01; Ord. No. 12276, § 2, 9-11-02; Ord. No. 12353, § 2, 4-10-03; Ord. No. 12427, § 2, 10-23-03; Ord. No. 12518, § 2, 3-25-04; Ord. No. 12727, § 2, 9-22-05; Ord. No. 13107, § 2, 10-8-09; Ord. No. 13212, § 2, 10-14-10; Ord. No. 13303, § 2, 1-12-12; Ord. No. 13767, § 2, 5-10-18; Ord. No. 13792, § 1, 10-11-18; Ord. No. 13852, § 2, 7-11-19; Ord. No. 13899, § 4, 4-9-20) 12/13 11 /30/21, 9:14 AM Secs. 18-543-18-555. - Reserved. Miami, FL Code of Ordinances 13/13 CITY OF MIAMI, FLORIDA, a municipal corporation of the State of Florida, Plaintiff, Plaintiff, vs. STATE OF FLORIDA, AND THE TAXPAYERS, PROPERTY OWNERS, AND CITIZENS OF THE CITY OF MIAMI, FLORIDA, INCLUDING NONRESIDENTS OWNING PROPERTY OR SUBJECT TO TAXATION THEREIN, AND ALL OTHERS HAVING OR CLAIMING ANY RIGHT, TITLE, OR INTEREST IN REAL PROPERTY TO BE AFFECTED BY THE ISSUANCE BY PLAINTIFF OF THE BONDS DESCRIBED HEREIN, OR TO BE AFFECTED IN ANY WAY THEREBY, Defendants. CFN: 20190800671 BOOK 31743 PAGE 4365 DATE:12/27/2019 08:43:01 AM HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY IN THE CIRCUIT COURT OF THE 11 TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO.: 2019-028569-CA-01 Re: Validation of City of Miami, Florida Limited Ad Valorem Tax Bonds (Miami Forever Capital Programs) in an aggregate principal amount not to exceed $400,000,000,00, including all Series thereof FINAL JUDGMENT THIS CAUSE came before the Court for final hearing on December 16, 2019 at 10:30 a.m., as set forth in the Second Amended Order to Show Cause issued on November 13, 2019 and in the Notice addressed to the State of Florida and the several property owners, taxpayers and citizens of Miami -Dade County, Florida (the "County"), including non-residents owning property or subject to taxation therein and all others having or claiming any right, title or interest in property to be affected by the issuance by Plaintiff of its Limited Ad Valorem Tax Bonds (Miami Forever Capital Programs) in an aggregate principal amount not to exceed 4822-1891-7550.3 CFN: 20190800671 BOOK 31743 PAGE 4366 $400,000,000.00 (the "Bonds"), pursuant to the Master Resolution, all as more particularly described in the Complaint, or to be affected in any way thereby, as heretofore issued against the State of Florida on complaint of Plaintiff. Katherine Fernandez Rundle, State Attorney, has filed an answer herein on behalf of Defendant, State of Florida. The Court having considered the same, having heard the evidence and being fully advised in the premises, finds as follows: 1. This is an action for validation of the Bonds pursuant to Chapter 75, Florida Statutes, as amended. 2. This Court has jurisdiction over this action pursuant to Article V, Section 5, of the Florida Constitution, and Section 75.01, Florida Statutes, as amended. 3. Plaintiff is an incorporated municipality of the State of Florida ("State"), duly organized, existing, and operating under the Constitution, the laws of the State, as amended, and the Charter of the City of Miami, as amended ("Charter"), with the power and authority pursuant to Article VI1, Sections 9 and 12 of the Constitution and the laws of the State, particularly Chapter 166, Florida Statutes (the "Act") and Sections 166.111, 166.121, and 166.131, in particular, to borrow and to issue and sell its ad valorem bonds from time to time to finance capital projects and to pledge the taxing power of Plaintiff for the payment of such debts and bonds. CONDITIONS PRECEDENT TO BOND REFERENDUM 4. By Resolution No. 17-0350 adopted by the City Commission of Plaintiff on July 27, 2017 (the "Referendum Authorization Resolution"), the City Commission of Plaintiff (i) determined that it is in the best interests of the public to issue general obligation bonds to finance such capital projects and improvements in an aggregate principal amount not exceeding Four 2 4822-1891-7550.3 CFN: 20190800671 BOOK 31743 PAGE 4367 Hundred Million Dollars ($400,000,000.00) with interest payable at or below the maximum rate allowed by law, payable from ad valorem taxes levied on all taxable property in the City of Miami ("City"), provided that the debt millage not exceed the rate of 0.5935 mills, for capital projects to reduce flooding risks and improve stormwater infrastructure; to improve affordable housing; to facilitate economic development; to pay the cost of parks, cultural facilities, streets and infrastructure; and to enhance public safety; (ii) submitted to the qualified electors of the City, for their approval or disapproval (the "Bond Referendum"), the proposed issuance of an aggregate principal amount not exceeding Four Hundred Million Dollars ($400,000,000.00) of the City's general obligation bonds in one (1) or more separate series for capital projects and improvements to reduce flooding risks and improve stormwater infrastructure, to improve affordable housing, economic development, parks, cultural facilities, streets and infrastructure, and to enhance public safety with interest payable at rates not exceeding the maximum allowed by law and providing for the levy and collection of ad valorem taxes to pay such bonds provided that the debt millage not exceed the rate of 0.5935 mills. 5. On November 7, 2017, the registered voters of the City approved, by referendum ballot, for the City to issue General Obligation Bonds in an aggregate principal amount not to exceed Four Hundred Million Dollars ($400,000,000.00) with interest payable at or below the maximum rate allowed by law, payable from ad valorem taxes levied on all taxable property in the City, provided that the capital projects' debt millage not exceed the then current rate of 0.5935, for capital projects to reduce flooding risks; improve stormwater infrastructure; enhance public safety; and improve affordable housing, economic development, parks, cultural facilities, streets, and infrastructure. 3 4822-1891-7550.3 CFN: 20190800671 BOOK 31743 PAGE 4368 6. By Resolution No. R-17-0575 adopted by the City Commission of Plaintiff on December 14, 2017 ("Referendum Certification Resolution"), the City Commission officially acknowledged the City Clerk's Certification of the Canvass and Declaration of Results of the City's General Municipal and Referendum Special Elections held on November 7, 2017. 7. No taxpayer within the City exercised his or her right under Section 100.321, Florida Statutes, to bring suit to test the legality of the Bond Referendum or the declaration of the result thereof within sixty (60) days after the declaration of the results of the Bond Referendum. CITY COMMISSION AUTHORIZATIONS FOR ADVANCES AND REIMBURSEMENTS, PROJECTS, CAPITAL PLAN AMENDMENTS, BOND VALIDATIONS, AND ISSUANCES Intent to Reimburse Resolution for All Bonds and Amendment of the Capital Plan to include Projects of Miami Forever Capital Prolzram 8. By Resolution No. R-18-0546 adopted by the City Commission on December 13, 2018 (the "Intent to Reimburse Resolution") declared of its official intent to issue both taxable and tax-exempt general obligation bonds payable from ad valorem taxes provided that the capital projects debt millage not exceed the rate of 0.5935 mills in accordance with the Bond Referendum, for the first tranche of limited ad valorem bonds in order to, among other things, reimburse the City for funds advanced by the City for certain expenses incurred with respect to the capital projects to be undertaken by the City to reduce flooding risks, to improve stormwater infrastructure, to improve affordable housing, economic development, parks, cultural facilities, streets, and infrastructure and to enhance public safety within the City's limits, all as indicated in the City Manager's Memorandum and infrastructure Project List attached to the Intent to Reimburse Resolution (collectively referred to herein as the "Projects") provided for related 4 4822-1891-7550.3 CFN: 20190800671 BOOK 31743 PAGE 4369 amendments to add the Projects to the City's Multi -Year Capital Plan (the "Capital Plan") for the implementation of the Miami Forever Capital Program as valid public purpose projects. Master Resolution for All Bonds 9. By Resolution No. R-19-0062 adopted by the City Commission of Plaintiff on February 14, 2019 ("Master Resolution"), the City Commission officially provided for the validation and issuance of the Bonds for the purpose(s) of financing all or part of the costs of the projects for the Miami Forever Capital Program. 10. In the Master Resolution, the City Commission of Plaintiff made the following Findings for this Bond Validation regarding the Bond Referendum: a) The City (1) is a municipal corporation of the State; (2) is wholly located within the County, a political subdivision of the State; (3) was duly incorporated in 1896; and (4) is operating under the Florida Constitution, the laws of the State, the City Charter, and the City Code. b) Pursuant to Section 12, Article VII, of the Florida Constitution, the City may issue bonds, certificates of indebtedness, or any form of tax anticipation certificates payable from ad valorem taxation and maturing more than twelve (12) months after issuance to finance or refinance capital projects authorized by law and only when approved by vote of the electors. c) The City, pursuant to the Referendum Authorization Resolution, submitted to the qualified electors of the City for their approval or disapproval the proposed issuance of an aggregate principal amount not exceeding Four Hundred Million Dollars ($400,000,000.00) of the City's general obligation bonds in one or more separate series for capital projects and improvements to reduce flooding risks and improve stormwater infrastructure, to improve affordable housing, economic development, parks, cultural facilities, streets and infrastructure, and to enhance public safety, with interest payable at rates not exceeding the maximum allowed by law and providing for the levy and collection of ad valorem taxes to pay such Bonds provided that the debt millage not exceed the rate of 0.5935 mills. d) Pursuant to Section 100.342, Florida Statutes, the City published notice of the election or referendum by publication in The Miami Herald, a newspaper of general circulation in the County and the City, in English on October 1, 2017 and 5 4822-1891-7550.3 CFN: 20190800671 BOOK 31743 PAGE 4370 October 15, 2017; in Spanish on October 5, 2017 and October 15, 2017; and in Creole on October 8, 2017 and October 15, 2017. e) On November 7, 2017, the registered voters of the City approved, by referendum ballot, for the City to issue General Obligation Bonds in an aggregate principal amount not to exceed Four Hundred Million Dollars ($400,000,000.00) with interest payable at or below the maximum rate allowed by law, payable from ad valorem taxes levied on all taxable property in the City, provided that the capital projects' debt millage not to exceed the current rate of 0.5935, for capital projects to reduce flooding risks; improve stormwater infrastructure; enhance public safety; and improve affordable housing, economic development, parks, cultural facilities, streets, and infrastructure. f) The City, pursuant to the Referendum Certification Resolution, officially acknowledged the City Clerk's Certification of the Canvass and Declaration of Results of the City's General Municipal and Referendum Special Elections held on November 7, 2017 ("Bond Referendum"). 11. Additionally, in the Master Resolution, the City Commission of Plaintiff made the following Findings for this Bond Validation regarding the Bonds and the public purposes thereof: a) The findings, determinations, and declarations made by the City Commission referenced in Paragraph 10 of this Final Judgment were adopted by reference and incorporated as if fully set forth in the Referendum Authorization Resolution. b) The City adopted Ordinance No. 13789 on September 27, 2018, in compliance with the requirements of Section 200.065, Florida Statutes, levying an ad valorem tax on all real and personal property in the City at a final total rate of 8.0300 mills on the dollar of the taxable value of such property for the Fiscal Year commencing October 1, 2018, and ending September 30, 2019, computed as follows for the purposes of- 1) 7.5865 mills to fund the General Operating Budget; and 2) 0.4435 mills to provide for the payment of maturing principal, interest, charges, and requirements related thereto of voter approved indebtedness. c) The City adopted Ordinance No. 13790 on September 27, 2018, in compliance with the requirements of Section 200.065, Florida Statutes, adopting a final budget and making appropriations relating to operational and budgetary requirements for the fiscal year beginning October 1, 2018, and ending September 30, 2019. 4822-1891-7550.3 6 CFN: 20190800671 BOOK 31743 PAGE 4371 d) The City adopted Resolution No. R-18-0396 on September 13, 2018, in compliance with the requirements of Sections 163.3161 and 163.3177, Florida Statutes, and Chapter 18/Article IX/Division 1 and 2 of the City Code approving the City's Fiscal Year 2018-19 Multi -Year Capital Plan and setting forth the City's fiscal needs for capital improvements subject to an annual plan review, to determine project priorities, to add new capital projects, and to modify funding allocations as necessary ("Capital Plan"). The Capital Plan was subsequently amended on September 27, 2018, pursuant to Ordinance No. 13790 and on December 13, 2018, pursuant to Resolution No. R-18-0545. e) The City has the authority (1) pursuant to Section 12, Article VII of the Florida Constitution to issue bonds, certificates of indebtedness, or any form of tax anticipation certificates payable from ad valorem taxation and maturing more than twelve (12) months after issuance to finance or refinance capital projects authorized by law and only when approved by vote of the electors and (2) pursuant to Section 166.111, Florida Statutes, to borrow money, contract loans, and issue bonds from time to time to finance the undertaking of any capital or other project for the purposes permitted by the Florida Constitution and to pledge the funds, credit, property, and taxing power of the municipality for the payment of such debts and bonds. f) The City has developed a bond implementation strategy to orchestrate a deliberate and objective project selection process by expertly assessing City-wide requirements and citizen input and optimizing all available resources to create a stronger, more innovative, and resilient future for the City. g) The City has developed the following themes to help guide the selection of projects to be funded by the Bonds: 1) Safety: Enhance public safety by prioritizing investments that mitigate the frequency and severity of dangerous events and improving the City's response to emergencies resulting in minimized impact to its residents. 2) Wellness/Quality of Life: Preserve and enhance the City's reputation as a desirable place to live, work, and play. 3) Equity: Fairly distribute all benefits across the City and all income levels, maintaining the cohesiveness of the City's social fabric and diversity. 4) Economic Return: Consider costs and benefits, including but not limited to the cost of operations and maintenance over time. Mitigate risks that affect property value and avert crises that affect the economic vitality of the City. 5) Modernization/Future City: Tap into new technologies and innovation to transform the City into a smart city on the cutting edge of development and resilience. h) The City adopted Ordinance No. 13752 on March 22, 2018, establishing the Miami Forever Bond Program Citizen's Oversight Board to ensure that the Bonds issued pursuant to authorization of the Bond Referendum has transparent and 4822-1891-7550.3 7 CFN: 20190800671 BOOK 31743 PAGE 4372 accountable internal project management and progress reporting and appropriate citizen oversight to complement the standard oversight provided by the City Commission. i) The City, in the Intent to Reimburse Resolution, expressed its intent to issue taxable and tax-exempt Limited Ad Valorem Bonds in the expected not to exceed total maximum principal amount of Fifty -Eight Million, Six Hundred Fifty -Three Thousand, Three Hundred Thirty -Nine Dollars ($58,653,339.00) for the purpose of financing, among other things, all or part of the costs of the first tranche Infrastructure Projects ("First Tranche Infrastructure Projects") and Affordable Housing Projects ("First Tranche Affordable Housing Projects" and, collectively with the First Tranche Infrastructure Projects", the "First Tranche Projects"). The City intends to issue for the taxable and tax-exempt Miami Forever Limited Ad Valorem Tax Bonds for the First Tranche Infrastructure Projects in the expected not to exceed total maximum principal amount of Forty -Three Million, Six Hundred Fifty -Three Thousand, Three Hundred Thirty -Nine Dollars ($43,653,339.00). j) The City intends to issue additional taxable and tax-exempt Bonds in one or more separate future tranches ("Future Tranches") for the purpose of financing all or part of the costs of Infrastructure Projects and Affordable Housing projects. The Future Tranches in the expected not to exceed total maximum principal amount of Three Hundred Forty -One Million, Three Hundred Forty -Six Thousand, Six Hundred Sixty -One Dollars ($341,346,661.00). The First Tranche and Future Tranches collectively shall not exceed an aggregate principal amount Four Hundred Million Dollars ($400,000,000.00). k) The City intends to finance roadway capital improvements to provide for a safe, convenient, effective, multimodal roadway system which is coordinated with future land use and provides for the mobility of people and goods. The objectives of the City are to reduce streets in disrepair, minimize traffic congestion, and enable traffic flow and multi -modal capacity. 1) The City intends to finance parks' and cultural facilities' capital improvements to provide world -class parks and cultural facilities to the residents of the City. The objectives of the City are to replace capital assets that are past their useful life; replace and renovate park elements and facilities; improve the safety and accessibility of all parks and cultural facilities; and to reduce future maintenance costs. m) The City intends to finance public safety capital improvements to save lives and protect property while promoting the health and well-being of City residents. The objectives of the City are to minimize fire and rescue response and recovery time and improve facility resilience. 8 4822-1891-7550.3 CFN: 20190800671 BOOK 31743 PAGE 4373 n) The City intends to finance sea -level rise and flood prevention capital improvements to mitigate the most severe current and future effects of sea -level rise, flooding risks, and vulnerabilities through strategic infrastructure investments. The objectives of the City are to minimize flooding frequency, severity, duration, and impacts; protect critical infrastructure and high -use areas; and reduce financial and economic vulnerability. o) All of the capital projects and improvements to be financed by the Bonds are or will be included in the City's Capital Plan. p) All of the capital projects and improvements to be financed by the Bonds are currently owned, will be owned, or will have an established governmental interest by the City at the time proceeds of the related Series of Bonds are expended on the capital projects or improvements. For those Infrastructure Projects not owned by the City, the City will have a duly authorized and executed governmental interest, including, but not limited to, Maintenance Agreements, Joint Participation Agreements, Interlocal Agreements, Easements, and/or other necessary agreements or instruments at the time the proceeds of the Bonds are expended on the capital projects or improvements. 12. The Master Resolution fixed the details of the Bonds, established certain defined terms that relate to all series of Bonds (hereinafter "Series"), and provided that the Bonds shall be issuable as fully registered Bonds, shall bear interest at a rate or rates not exceeding the rate provided for at such time of issuance by Florida Statutes, shall be payable in such a manner and on such dates, and shall be in such amounts and in such years, not exceeding twenty-five (25) years (the latest maturity date possible being December 31, 2046), in accordance with the Referendum Authorization Resolution, but not longer than the probable life of any capital improvement for which the Bonds are issued as established by the City Commission. Additionally, the Master Resolution provided that the City Commission shall determine the capital improvement projects and the particular Series for any part of the Bonds thereby authorized to be issued and that the City Commission shall establish or shall provide for the establishment of the payment date(s) for any particular Series of Bonds by Series Resolution(s) adopted prior to any Series of Bonds. In any such Series Resolution(s) the City Commission may 9 4822-1891-7550.3 CFN: 20190800671 BOOK 31743 PAGE 4374 determine from time to time, taking into account requirements at such time of Federal, State, and local laws and such financial circumstances of the City (1) the method(s) of sale of any particular Series of Bonds, and (2) may delegate such final determination(s) for method(s) of sale, credit enhancement, if any Reserve Fund(s) creation, if any, to the City Manager in accordance with advice from the City's Financial Advisor, Bond Counsel, Disclosure Counsel, City Attorney, Finance Director, and Budget Director. Additionally, the Master Resolution provided that for the prompt payment of the principal and interest on such Bonds, there shall be levied and collected annually, in accordance with all applicable laws, an ad valorem tax upon all taxable property within the City over and above all other taxes authorized to be levied by the City sufficient to pay such principal and interest on the Bonds as the same respectively become due and payable, provided that the capital projects debt millage rate shall not exceed the then current rate of 0.5935. Further, the Master Resolution provided that the Bonds shall not be deemed to constitute general obligations or a pledge of the, full faith and credit of the City, the State, or any other political subdivision thereof within the meaning of any constitution, legislative, or charter provision or limitation, but shall be payable solely from and secured by a lien upon and a pledge of the Pledged Funds (as defined in any Series Resolution) in the manner and to the extent herein provided. Except to the limited extent provided in the Referendum Authorizing Resolution and in the Bond Referendum, no holder of any Bond shall ever have the right, directly or indirectly, to require or compel the exercise of the ad valorem taxing power of the City, the State, or any other political subdivision of the State or taxation in any form on any real or personal property to pay the Bonds or the interest thereon, nor shall any holder of any Bond be entitled to payment of such principal or any interest thereon from any other funds of the City, other than the proceeds of the Pledged Funds, all in the manner and to the extent herein provided and as provided in any 4822-1891-7550.3 10 CFN: 20190800671 BOOK 31743 PAGE 4375 Series Resolution(s) for any particular Series of Bonds. The Bonds and the indebtedness evidenced thereby shall not constitute a lien upon any real property or personal property of the City, but shall constitute a lien only on the proceeds of the Pledged Funds, all in the manner and to the extent provided herein and as provided in any Series Resolution(s) for any particular Series of Bonds. Series Resolution for Series 2019A Infrastructure Bonds 13. By Resolution No. R-19-0062 adopted by the City Commission of Plaintiff on February 14, 2019 (the "Series 2019A Infrastructure Bonds Resolution"), the City Commission officially provided for the validation and issuance of the Series 2019A Infrastructure Bonds for valid public purpose projects and provided the following Findings regarding the Infrastructure Projects for Bond Validation as valid public purpose projects: a) The findings, determinations, and declarations referenced in Paragraph 10 of this Final Judgment were adopted by reference and incorporated as if fully set forth herein. b) The City, in the Intent to Reimburse Resolution, expressed its intent to issue taxable and tax-exempt Miami Forever Limited Ad Valorem Tax Bonds in the expected not to exceed total maximum principal amount of Fifty -Eight Million, Six Hundred Fifty -Three Thousand, Three Hundred Thirty -Nine Dollars ($58,653,339.00) for the purpose of financing all or part of the costs of the First Tranche. The City intends to issue for the taxable and tax-exempt Miami Forever Limited Ad Valorem Tax Bonds for the First Tranche Infrastructure Projects in the expected not to exceed total maximum principal amount of Forty -Three Million, Six Hundred Fifty -Three Thousand, Three Hundred Thirty -Nine Dollars ($43,653,339.00). c) The City has identified the First Tranche Infrastructure Projects ("Infrastructure Projects"), attached and incorporated in the Master Resolution, all of which have been approved by the City Commission. d) All of the Infrastructure Projects are included in the City's Capital Plan. e) The Infrastructure Projects prioritizes roads, parks, cultural facilities, public safety, and sea -level rise and flood prevention. 4822-1891-7550.3 11 CFN: 20190800671 BOOK 31743 PAGE 4376 f) The Infrastructure Projects fall within the categories approved by the Bond Referendum. g) The Infrastructure Projects were presented to the Miami Forever Bond Program Citizen's Oversight Board at its duly noticed and regular meeting on January 31, 2019. h) All of the Infrastructure Projects are currently owned, will be owned, or will have an established governmental interest by the City at the time the Miami Forever Capital Programs Infrastructure Bonds are expended on the Infrastructure Projects. For those Infrastructure Projects not owned by the City, the City will have a duly authorized and executed governmental interest, including, but not limited to, Maintenance Agreements, Joint Participation Agreements, Interlocal Agreements, Easements, and/or other necessary agreements or instruments at the time the Miami Forever Capital Programs Infrastructure Bonds are expended on the Infrastructure Projects. 14. The Series 2019A Infrastructure Bonds Resolution also provided that in accordance with Section 218.385, Florida Statutes, the City Commission thereby delegated to and authorized and directed the City Manager to make all necessary findings, determinations, and declarations, based upon the advice of its Financial Advisor for the Series 2019A Infrastructure Bonds, necessary for Bond Validation and issuance of the Series 2019A Infrastructure Bonds. 15. The Series 2019A Infrastructure Bonds Resolution further provided covenants of the City for the Series 2019A Infrastructure Bonds as follow: a) To the extent permitted by and in accordance with applicable law and budgetary processes, the City covenants that it will, in each year any Payments are due, budget and appropriate (1) sufficient legally available Limited Ad Valorem Taxes as set forth in the Referendum Authorizing Resolution, the Master Resolution, any Series Resolution, and in accordance with the Bond Referendum, and if necessary (2) such legally available Non -Ad Valorem Revenues to make such Payments as they become due. b) Such covenants and agreements on the part of the City to budget and appropriate such legally available amounts as stated above shall be cumulative to the extent not paid, and shall continue until such legally available funds in amounts sufficient to make all such required Payments shall have been budgeted, appropriated and actually paid. Notwithstanding the foregoing covenants of the 4822-1891-7550.3 12 CFN: 20190800671 BOOK 31743 PAGE 4377 City, the City does not covenant to maintain any services or programs now provided or maintained by the City which generate Non -Ad Valorem Revenues. c) Such covenant to budget and appropriate does not create any lien upon or pledge of such Non -Ad Valorem Revenues, nor, except as provided below, does it preclude the City from pledging in the future its Non -Ad Valorem Revenues, nor does it require the City to levy and collect any particular Non -Ad Valorem Revenues, nor does it give the Purchaser or Bond Holders a prior claim on the Non -Ad Valorem Revenues as opposed to claims of general creditors of the City. Such covenant to budget and appropriate Non -Ad Valorem Revenues is subject in all respects to the payment of obligations secured by a pledge of such Non -Ad Valorem Revenues heretofore or hereinafter entered into (including the payment of debt service on other Series 2019A Infrastructure Bonds and other debt instruments of the City). However, the covenant to budget and appropriate in its general annual budget for the purposes and in the manner stated herein shall have the effect of making available for the payment of the Payments, in the manner described herein, Non -Ad Valorem Revenues and to the extent permitted by applicable law placing on the City a positive duty to budget and appropriate, by amendment if necessary, amounts sufficient to meet its obligations hereunder; subject, however, to the payment of services and programs which are for essential public purposes affecting the health, welfare and safety of the inhabitants of the City or which are legally mandated by applicable law. The City represents that the issuance of the Series 2019A Infrastructure Bonds serves essential public purposes by financing the Infrastructure Project of the City in accordance with the Bond Referendum. 16. Additionally, the Series 2019A Infrastructure Bonds Resolution provided tax covenants for the Series 2019A Infrastructure Bonds to be issued on a tax-exempt basis as follows: a) No use will be made of the proceeds of the Series 2019A Infrastructure Bonds which, if such use were reasonably expected on the date of issuance of the Series 2019A Infrastructure Bonds, would cause the same to be "arbitrage bonds" within the meaning of the Internal Revenue Code of 1986, as amended (the "IRS Code"). b) The City, at all times while the Series 2019A Infrastructure Bonds and the interest thereon are outstanding, will comply with the requirements of the IRS Code, including any amendments thereto and any valid and applicable rules and regulations promulgated thereunder necessary to maintain the exclusion of the interest on the Series 2019A Infrastructure Bonds from federal gross income including the creation of any rebate funds or other funds and/or accounts required in that regard. 4822-1891-7550.3 13 CFN: 20190800671 BOOK 31743 PAGE 4378 17. Further, the Series 2019A Infrastructure Bonds Resolution provides for the Security for Series 2019A Infrastructure Bonds, which are not general indebtedness of the City as follows. a) The Series 2019A Infrastructure Bonds shall not be deemed to constitute general obligations or a pledge of the faith and credit of the City, the State, or any other Political subdivision thereof within the meaning of any constitutional, legislative, or charter provision or limitation but shall be payable solely from and secured by a lien upon and a pledge of the Pledged Funds in the manner and to the extent herein provided. Except to the limited extent provided in the Referendum Authorizing Resolution, the Master Resolution, and the Bond Referendum, no holder of the Series 2019A Infrastructure Bonds shall ever have the right, directly or indirectly, to require or compel the exercise of the ad valorem taxing power of the City, the State, or any other political subdivision of the State or taxation in any form on any real or personal property to pay the Series 2019A Infrastructure Bonds or the interest thereon, nor shall any holder of the Series 2019A Infrastructure Bonds be entitled to payment of such principal of and interest from any other funds of the City other than the proceeds of the Pledged Funds, all in the manner and to the extent herein provided. The Series 2019A Infrastructure Bonds and the indebtedness evidenced thereby shall not constitute a lien upon any real property or personal property of the City but shall constitute a lien only on the proceeds of the Pledged Funds, all in the manner and to the extent provided herein. b) Until payment has been provided as herein permitted, the payment of the principal of and interest on the Series 2019A Infrastructure Bonds shall be secured forthwith equally and ratably by a prior lien on the proceeds derived from the Pledged Funds, and the City does hereby irrevocably pledge the same to payment of the principal thereof and interest thereon when due. c) The term "Pledged Funds" is defined in the Series 2019A Infrastructure Bonds Resolution as "collectively the amounts on deposit in the Series 2019A Infrastructure Bonds Fund and any other funds and, as applicable, accounts created pursuant to (1) the Loan Agreement or (2) the Bond Purchase Agreement and therein pledged to secure the Series 2019A Infrastructure Bonds (with exception of the Rebate Fund) including Pledged Revenues. d) The term "Pledged Revenues" is defined as (1) legally available Limited Ad Valorem Tax Revenues deposited into the Series 2019A Infrastructure Bonds Fund established by the Master Resolution this Series Resolution and (a) the Loan Agreement or (b) the Bond Purchase Agreement, as applicable; (2) to the extent necessary, any funds deposited into the Series 2019A Infrastructure Bonds Fund by the City pursuant to the covenant to budget and appropriate established by this Series Resolution and (a) the Loan Agreement or (b) the Bond Purchase 4822-1891-7550.3 14 CFN: 20190800671 BOOK 31743 PAGE 4379 Agreement, as applicable; and (3) income received from the investment of monies deposited into the funds and accounts established by this Series Resolution and (a) the Loan Agreement or (b) the Bond Purchase Agreement, as applicable. Series Resolution for Series 2019B Affordable Housing and Economic Development Bonds 18. By Resolution No. R-19-0111 adopted by the City Commission of Plaintiff on March 14, 2019 (the "Series 2019B Affordable Housing and Economic Development Bonds Resolution"), the City Commission officially authorized the validation and issuance of the Series 2019B Affordable Housing and Economic Development Bonds, along with all Affordable Housing and Economic Development Bonds, Programs, and Projects in a total aggregate principal amount not to exceed One Hundred Million Dollars ($100,000,000.00) (collectively, the "Affordable Housing and Economic Development Bonds, Programs, and Projects"). 19. The Series 2019B Affordable Housing and Economic Development Bonds Resolution provided the following Findings regarding the Affordable Housing and Economic Development Programs and Projects for Bond Validation as valid public purpose and paramount public purpose programs and projects: a) The City (1) is a municipal corporation of the State, (2) is wholly located within the County, a political subdivision of the State, (3) was duly incorporated in 1896, and (4) is operating under the Florida Constitution, the laws of the State, and the City Charter, and the City Code. b) Pursuant to Section 12, Article VII, of the Florida Constitution, the City may issue bonds, certificates of indebtedness or any form of tax anticipation certificates, payable from ad valorem taxation and maturing more than twelve (12) months after issuance to finance or refinance capital projects authorized by law and only when approved by vote of the electors. c) The City, pursuant to the Referendum Authorization Resolution, submitted to the qualified electors of the City for their approval or disapproval the proposed issuance of an aggregate principal amount not exceeding four hundred million dollars ($400,000,000.00) of the City's general obligation bonds ("Bonds") in one or more separate series for capital projects and improvements to reduce flooding risks and improve stormwater infrastructure, to improve affordable housing, 15 4822-1891-7550.3 CFN: 20190800671 BOOK 31743 PAGE 4380 economic development, parks, cultural facilities, streets, and infrastructure, and to enhance public safety, with interest payable at rates not exceeding the maximum allowed by law and providing for the levy and collection of ad valorem taxes to pay such Bonds provided that the debt millage not exceed the rate of 0.5935 mills. d) Pursuant to Section 100.342, Florida Statutes, the City published notice of the election or referendum by publication in The Miami Herald, a newspaper of general circulation in Miami -Dade County and the City, in English on October 1, 2017 and October 15, 2017; in Spanish on October 5, 2017 and October 15, 2017; and in Creole on October 8, 2017 and October 15, 2017. e) On November 7, 2017, the registered voters of the City approved, by referendum ballot, for the City to issue General Obligation Bonds in an aggregate principal amount not to exceed Four Hundred Million Dollars ($400,000,000.00) with interest payable at or below the maximum rate allowed by law, payable from ad valorem taxes levied on all taxable property in the City, provided that the capital projects' debt millage not exceed the current rate of 0.5935, for capital projects to reduce flooding risks; improve stormwater infrastructure; enhance public safety; and improve affordable housing, economic development, parks, cultural facilities, streets, and infrastructure. f) The City, pursuant to the Referendum Certification Resolution, officially acknowledged the City Clerk's Certification of the Canvass and Declaration of Results of the City of Miami General Municipal and Referendum Special Elections held on November 7, 2017 ("Bond Referendum"). g) The findings, determinations, and declarations made by the City Commission in the Referendum Authorization Resolution are adopted by reference and incorporated as if fully set forth in this subsection. h) The City adopted Ordinance No. 13789 on September 27, 2018, in compliance with the requirements of Section 200.065, Florida Statutes, levying an ad valorem tax on all real and personal property in the City at a final total rate of 8.0300 mills on the dollar of the taxable value of such property for the Fiscal Year commencing October 1, 2018 and ending September 30, 2019 computed as follows for the purposes of: i. 7.5865 mills to fund the General Operating Budget; and ii. 0.4435 mills to provide for the payment of maturing principal and interest, and charges and requirements related thereto, of voter approved indebtedness. i) The City adopted Ordinance No. 13790 on September 27, 2018, in compliance with the requirements of Section 200.065, Florida Statutes, adopting a final budget and making appropriations relating to operational and budgetary 16 4822-1891-7550.3 CFN: 20190800671 BOOK 31743 PAGE 4381 requirements for the fiscal year beginning October 1, 2018 and ending September 30, 2019. j) The City adopted Resolution No. R-18-0396 on September 13, 3018, in compliance with the requirements of Sections 163.3161 and 163.3177, Florida Statutes, and Chapter 18/Article IX/Division 1 and 2 of the City Code, approving the City's Fiscal Year 2018-19 Multi -Year Capital Plan and setting forth the City's fiscal needs for capital improvements, subject to an annual plan review, to determine project priorities, to add new capital projects, and to modify funding allocations as necessary ("Capital Plan"). The Capital Plan was subsequently amended on September 27, 2018 pursuant to Ordinance No. 13790 and on December 13, 2018 pursuant to Resolution No. R-18-0545. k) The City has the authority (1) pursuant to Section 12, Article VII of the Florida Constitution to issue bonds, certificates of indebtedness or any form of tax anticipation certificates, payable from ad valorem taxation and maturing more than twelve (12) months after issuance to finance or refinance capital projects authorized by law and only when approved by vote of the electors, and (2) Section 166.111, Florida Statutes, to borrow money, contract loans, and issue bonds from time to time to finance the undertaking of any capital or other project for the purposes permitted by the Florida Constitution, and to pledge the funds, credit, property, and taxing power of the municipality for the payment of such debts and bonds. 1) The City has developed a bond implementation strategy to orchestrate a deliberate and objective project selection process, by expertly assessing city wide requirements and citizen input, and optimize all available resources to create a stronger, more innovative and resilient future for the City. m) The City has developed the following themes to help guide the selection of projects to be funded by the Bonds. i. Safety: Enhance public safety by prioritizing investments that mitigate the frequency and severity of dangerous events, improving the City's response to emergencies; resulting in minimized impact to the residents. ii. Wellness/Quality of Life: Preserve and enhance Miami's reputation as a desirable place to live, work and play. iii. Equity: Fairly distribute all benefits across city and income levels, maintaining the cohesiveness of the City's social fabric and diversity. iv. Economic Return: Consider costs and benefits, including the cost of operations and maintenance over time. Mitigate risks that affect property value and avert crises that affect the economic vitality of the City. 17 4822-1891-7550.3 CFN: 20190800671 BOOK 31743 PAGE 4382 v. Modernization/Future City: Tap into new technologies and innovation to transform Miami in a smart city on the cutting edge of development and resilience. n) The City adopted Ordinance No. 13752 on March 22, 2018, to establish the Miami Forever Bond Program Citizen's Oversight Board to ensure that the Bonds issued pursuant to authorization of the Bond Referendum has transparent and accountable internal project management and progress reporting and appropriate Citizen oversight to complement the standard oversight provided by the City Commission. The findings, determinations, declarations, and provisions of Ordinance No. 13752 are incorporated as if fully set forth herein by this reference. o) The City, in the Intent to Reimburse Resolution, expressed its intent to issue taxable and tax-exempt Limited Ad Valorem Bonds in the expected not to exceed total maximum principal amount of Fifty -Eight Million Six Hundred Fifty -Three Thousand Three Hundred Thirty -Nine Dollars ($58,653,339.00) for the purpose of financing all or part of the costs of the first tranche Infrastructure Projects ("First Tranche Infrastructure Projects") and Affordable Housing Projects ("First Tranche Affordable Housing Projects" and, collectively with the First Tranche Infrastructure Projects", the "First Tranche Projects"). The City intends to issue for the taxable and tax-exempt Miami Forever Limited Ad Valorem Tax Bonds for the First Tranche Affordable Housing and Economic Development Projects in the expected not to exceed total maximum principal amount of Fifteen Million Dollars ($15,000,000.00). p) The City intends to issue additional taxable and tax-exempt Bonds in one or more separate future tranches for the purpose of financing all or part of the costs of Infrastructure Projects and Affordable Housing and Economic Development projects ("Future Tranches"). The Future Tranches in the expected not exceed total maximum principal amount of Three Hundred Forty -One Million, Three Hundred Forty -Six Thousand, Six Hundred Sixty -One Dollars ($341,346,661.00). The First Tranche and Future Tranches collectively shall not exceed an aggregate principal amount Four Hundred Million Dollars ($400,000,000.00). q) The City intends to finance affordable housing projects to create and preserve affordable housing units, as well as increase employment opportunities through job training and assisting local existing and new businesses. The objectives of the City are to improve the availability of affordable housing units across diverse income levels, leverage alternative funding sources or partnerships, and gaining district support for potential projects received through a request for proposals ("UP"). Affordable housing projects identified and approved in the First Tranche and Future Tranches shall not exceed a total maximum principal amount of One Hundred Million Dollars ($100,000,000.00). r) The City has identified the following six (6) affordable housing and economic development program types of projects (collectively, the "Affordable Housing 18 4822-1891-7550.3 CFN: 20190800671 BOOK 31743 PAGE 4383 Programs") in its Intent to Reimburse Resolution, the findings, determinations, declarations, provisions, and attachments of which are incorporated as if fully set forth herein by this reference: i. Affordable Workforce New Rental Strategy; ii. Homeownership Preservation Strategy; iii. City Acquisition of Land; iv. Affordable Homeownership Strategy; v. Affordable Rental Housing Preservation Strategy; and vi. Affordable New Construction Rental Strategy. s) The Affordable Workforce New Rental Strategy will provide construction and permanent financing to assist, in part, with the development of affordable multifamily rental projects containing units affordable to Workforce development income levels for individuals and families (up to one hundred forty percent [140%] of area median income ["AMI"]). t) The Homeownership Preservation Strategy will provide rehabilitation assistance to City homeowners, with repairs necessary in bringing the home to decent, safe and sanitary conditions, as well as to include material and methods that harden the property to better withstand natural weather occurrences as well as to maximize the energy efficiencies of the home. The program will assist Extremely Low Income, Very Low Income, Low Income level individuals and families and Workforce income levels. u) The City Acquisition of Land program will provide funding for the City to acquire buildable vacant parcels of land suitable for the development of mixed use/mixed income affordable rental or homeownership developments/units to be built by the City or by organizations that have been procured though a competitive RFP process. v) The Affordable Homeownership Strategy will provide construction and permanent financing to assist, in part, with the development of affordable single- family units, townhomes, twin homes, and condominium units to be sold to eligible individuals or families with incomes not to exceed one hundred forty percent (140%) of AMI. w) The Affordable Rental Housing Preservation Strategy will provide construction and permanent financing to assist, in part, with the rehabilitation/preservation of existing affordable multifamily rental projects. City assisted units will be required to provide twenty percent (20%) of the assisted units to Extremely Low Income (30% of AMI) and eighty percent (80%) of the assisted units for low income (80% of AMI). All unassisted units shall not be restricted. x) The Affordable New Construction Rental Strategy will provide construction and permanent financing to assist, in part, with the development of affordable 4822-1891-7550.3 19 CFN: 20190800671 BOOK 31743 PAGE 4384 multifamily rental projects containing units affordable to Extremely Low Income, Very Low Income, Low Income, and Workforce development income level individuals and families. y) Within the City's Affordable Housing and Economic Development Programs are the various single-family programs, which include, but not limited to, Single Family Rehabilitation Program, Single Family Replacement Program, First time Homebuyer Program, Emergency Loan Program, and Foreclosure Prevention Program (collectively, "Single Family Programs"). z) The objectives of the Single Family Programs are to provide decent housing, a suitable living environment, and the expansion of economic opportunities for the neediest persons in our community. aa) The City has established and implemented clear and detailed Standard Operating Procedures ("SOP") for all of the City's Single Family Programs and which may be amended and updated from time to time. The policies enumerated in the Single Family Programs SOP originate from and reflect applicable United States ("U..S.") and Federal Statutes and regulations, federal funding sources, industry practices that ensure prudent and efficient use of limited government resources for the benefit of the City's residents, City Ordinances and Resolutions, various departmental rules, and various applicable laws, rules, and regulations. The City updates the Single Family Programs SOP from time to time when any or all applicable laws, rules, and regulations are amended to ensure the City's compliance and to ensure the greatest benefit to the City's residents. bb) Within the City's Affordable Housing and Economic Development Programs are the various multi -family new construction and/or preservation programs, which include, but not limited to, Home Ownership (New Home) Program, Multi - Family Housing Development Program, Housing Program Management Support Program, and Rehabilitation Programs for Homes (collectively, "Multi -Family Programs"). cc) The objectives of the Multi -Family Programs are to provide decent affordable housing to lower -income households, expand the capacity of non -profits housing providers, and leverage private -sector participation. dd) The City has established and implemented clear and detailed SOPS for all of the City's Multi -Family Programs and which may be amended and updated from time to time. The policies enumerated in the Multi -Family Programs SOP originate from and reflect applicable U.S. and Federal Statutes and regulations, federal funding sources, industry practices that ensure prudent and efficient use of limited government resources for the benefit of the City's residents, City Ordinances and Resolutions, various departmental rules, and various applicable laws, rules, and regulations. The City updates the Multi -Family Programs SOP from time to time 4822-1891-7550.3 20 CFN: 20190800671 BOOK 31743 PAGE 4385 when any or all applicable laws, rules, and regulations are amended to ensure the City's compliance and to ensure the greatest benefit to the City's residents. ee) In addition to the Single Family Programs and Multi -Family Programs SOPs, the City has also developed necessary agreements, documents, or instruments which may be amended and updated from time to time, and shall be duly authorized, executed, recorded, and/or delivered prior to the time any proceeds are expended pursuant to and consistent with any or all of the Affordable Housing and Economic Development Programs and to ensure the greatest benefit to the City's residents. ff) The City, in accordance with 24 CFR Part 91, submitted to the U.S. Department of Housing and Urban Development a Five -Year Consolidated Plan. Pursuant to the aforementioned regulations, the City is currently in the process of updating its Five -Year Consolidated Plan, which shall be accepted, adopted, and incorporated as fully set herein upon its completion. The Five -Year Consolidated Plan provides an assessment of the housing and community development needs in the City of Miami; a strategic plan for addressing these needs; and a specific one-year Action Plan for the use of the U.S. Department of Housing and Urban Development formula grants funds. The Affordable Housing and Economic Development Programs are all priorities in, addressed by, and are in accordance with the City's Five -Year Consolidated Plan. The Affordable Housing and Economic Development Programs are all priorities in, addressed by, and are and shall be in accordance with the City's current and future Annual Action Plans. gg) The information in the City's Neighborhood Development Zones are adopted by reference and incorporated as if fully set forth in this subsection. hh) The goals, outcomes, and information in the City's Consolidated Annual Performance & Evaluation Report for Fiscal Years 2016-2017 and 2017-2018 are adopted by reference and incorporated as if fully set forth in this subsection. ii) The information, data, and analysis in the City's Analysis of Impediments to Fair Housing Choice for the time period of October 1, 2015 through September 30, 2020 are adopted by reference and incorporated as if fully set forth in this subsection. jj) The Housing and Commercial Loan Committee ("HCLC"), as codified in Chapter 2, Article XI, Division 19 of the City Code was created and established to, inter alia, approve or disapprove housing and commercial loans and grants to be provided by the City through any funds administered by the City's Department of Community and Economic Development, to provide oversight and ongoing recommendations on affordable housing issues, and perform such other duties and responsibilities relative to affordable housing and small business development as may be set forth herein or incident thereto. Various Affordable Housing and Economic Development Programs will be subject to review and approval or 4822-1891-7550.3 21 CFN: 20190800671 BOOK 31743 PAGE 4386 disapproval of the HCLC. The findings, determinations, declarations, and provisions of Chapter 2, Article XI, Division 19 of the City Code, as amended, are incorporated as if fully set forth herein by this reference. kk) The City has identified the First Tranche Affordable Housing and Economic Development Projects all of which have been approved by the City Commission and are types of programs presented to the Miami Forever Bond Program Citizen's Oversight Board. 11) All of the First Tranche Affordable Housing and Economic Development Projects to be financed by the Bonds are included in the City's Capital Plan. mm) The First Tranche Affordable Housing and Economic Development Projects seek to develop and invest in affordable housing solutions through construction and permanent financing, home ownership preservation, and home rehabilitation as more specifically set forth in the Affordable Housing and Economic Development Programs. nn) The City will have duly authorized, executed, recorded, and/or deliver all required Grant Agreements, Joint Participation Agreements, Interlocal Agreements, Loan Agreements, Development Agreements, Covenants, Deed Restrictions, Easements, and/or other necessary agreements, documents, or instruments at the time that any proceeds of the Bonds are expended on the projects. The City will also have all contractual and regulatory compliance monitoring programs, systems, and personnel in place at the time that any of the proceeds of the Bonds are expended on the projects. oo) The Future Tranches for affordable housing will also be projects within the Affordable Housing and Economic Development Programs and will comply within all of the recitals, finding, determinations, and requirements identified in the Series 2019B Affordable Housing and Economic Development Bonds Resolution and the Bond Validation. pp) The City has and will continue to host workshops and solicit community input through its officials, officers, departments, agencies, boards, and committees. qq) The City previously commissioned the FIU Affordable Housing Study and the City Commission delegated to, authorized, and directed the City Manager to make all necessary undertakings, findings, determinations, and declarations for the FIU Affordable Housing Study to become a part of the required information for the Bond Validation. rr) The City has a long history with the effects of hurricanes and heavy rainfall. Hurricanes can cause catastrophic damage to coastlines and several hundred miles inland. Hurricanes and tropical storms can also spawn tornadoes, create damaging storm surge inundation along the coast, and cause extensive flood damage along 4822-1891-7550.3 22 CFN: 20190800671 BOOK 31743 PAGE 4387 the coast and inland from heavy rainfall. Climate change is negatively impacting the severity of those hurricanes in terms of the severity of wind, precipitation and storm surge. Homes built prior to 1994 are more vulnerable to these effects. Hardening measures that bring homes into compliance with 2002 Florida Building Code are more resistant and resilient to the effects of hurricanes and heavy rainfall. These hardening measures result in mitigated losses allow for a more rapid recovery from these events; reduce costs to federal, state and local public agencies; and mitigated roofs, hurricane windows, and doors can save insurance costs by fifty percent (50%) to eighty-six percent (86%) ss) The City accepted the information, data, and analysis in the 2018 Asset Limited, Income Constrained, Employed ("ALICE") Reports developed by the United Way. The City Commission delegated to, authorized, and directed the City Manager, or his/her designee, to make all necessary undertakings, findings, determinations, and declarations in future ALICE Reports or other relevant studies from the United Way and its officials, officers, and agents, to become a part of the required information for the Bond Validation. tt) The City accepted the information, data, and analysis in the Miami Housing Solutions Lab created by the University of Miami's Office of Civic and Community Engagement. The City Commission delegated to, authorized and directed the City Manager, or his/her designee, to make all necessary undertakings, findings, determinations, and declarations in future reports, materials, or other relevant studies from the University of Miami and its officials, officers, and agents, to become a part of the required information for the Bond Validation. uu) The City Commission accepted and incorporated any additional information, data, analysis, reports, studies, resolutions, findings, and determinations made by the City's Department of Housing and Community Development and delegated to, authorized, and directed the City Manager, or his/her designee, to make all necessary undertakings, findings, determinations, and declarations in future. vv) The City Manager, or his/her designee, is further authorized to accept and incorporate any additional findings and/or determinations, in a form acceptable to the City Attorney and Bond Counsel, relating to the City's Affordable Housing and Economic Development Programs to become a part of the required information for the Bond Validation. ww) By the "Certification and Declaration regarding the Validation of the City Of Miami, Florida Limited Ad Valorem Tax Bond (Miami Forever Capital Programs) in an aggregate principal amount not to exceed $400,000,000.00, including all Series thereof, and the Florida International University Affordable Housing Study commissioned by the City" dated December 11, 2019, the City Manager accepted and incorporated the Needs Assessment & Technical 4822-1891-7550.3 23 CFN: 20190800671 BOOK 31743 PAGE 4388 Compendium dated May 2019 that constitutes a portion of the FIU Study into the additional findings and determinations for Bond Validation. 20. The Series 2019B Affordable Housing and Economic Development Bonds Resolution also made the following Findings, Determinations, and Declarations regarding negotiated sale of such Bonds: "In accordance with Section 218.385, Florida Statutes, the City Commission hereby delegates to and authorizes and directs the City Manager to make all necessary findings, determinations and declarations finds, based upon the advice of its Financial Advisor for the Series 2019B Affordable Housing and Economic Development Programs Bonds, necessary for Bond Validation and issuance of the Series 2019B Affordable Housing and Economic Development Programs Bonds, being both the Tax -Exempt Affordable Housing and Economic Development Programs Bonds and the Taxable Affordable Housing and Economic Development Programs Bonds". 21. Additionally, the Series 2019B Affordable Housing and Economic Development Bonds Resolution provided covenants of the City as follow: a) To the extent permitted by and in accordance with applicable law and budgetary processes, the City covenants that it will, in each year any Payments are due, budget and appropriate (1) sufficient legally available Limited Ad Valorem Taxes as set forth in the Referendum Authorizing Resolution, the Master Resolution, and in accordance with the Bond Referendum, and if necessary (2) such legally available Non -Ad Valorem Revenues to make such Payments as they become due. b) Such covenants and agreements on the part of the City to budget and appropriate such legally available amounts as stated above shall be cumulative to the extent not paid, and shall continue until such legally available funds in amounts sufficient to make all such required Payments shall have been budgeted, appropriated and actually paid. Notwithstanding the foregoing covenants of the City, the City does not covenant to maintain any services or programs, now provided or maintained by the City, which generate Non -Ad Valorem Revenues. c) Such covenant to budget and appropriate does not create any lien upon or pledge of such Non -Ad Valorem Revenues, nor, except as provided below, does it preclude the City from pledging in the future its Non -Ad Valorem Revenues, nor does it require the City to levy and collect an particular Non -Ad Revenues, nor does it give the Purchaser or Bond H de sa prior claim oln the Non -Ad Valorem Revenues as opposed to claims of general creditors of the City. Such covenant to budget and appropriate Non -Ad Valorem Revenues is subject in all respects to the payment of obligations secured by a pledge of such Non -Ad 4822-1891-7550.3 24 CFN: 20190800671 BOOK 31743 PAGE 4389 Valorem Revenues heretofore or hereinafter entered into (including the payment of debt service on other Series 2019B Affordable Housing and Economic Development Programs Bonds and other debt instruments of the City). However, the covenant to budget and appropriate in its general annual budget for the purposes and in the manner stated herein shall have the effect of making available for the payment of the Payments, in the manner described herein, Non -Ad Valorem Revenues and to the extent permitted by applicable law placing on the City a positive duty to budget and appropriate, by amendment if necessary, amounts sufficient to meet its obligations hereunder; subject, however, to the payment of services and programs which are for essential public purposes affecting the health, welfare and safety of the inhabitants of the City or which are legally mandated by applicable law. The City represents that the issuance of the Series 2019B Affordable Housing and Economic Development Programs Bonds serves essential public purposes by financing the Infrastructure Project of the City in accordance with the Bond Referendum. 22. Additionally, the Series 2019B Affordable Housing and Economic Development Bonds Resolution provided tax covenants for the Series 2019B Affordable Housing and Economic Development Programs Bonds to be issued on a tax-exempt basis as follows: a) No use will be made of the proceeds of the Series 2019B Affordable Housing and Economic Development Programs Bonds which are issued as Tax -Exempt Affordable Housing and Economic Development Programs Bonds which, if such use were reasonably expected on the date of issuance of the Series 2019B Affordable Housing and Economic Development Programs Bonds, would cause the same to be "arbitrage Series 2019B Affordable Housing and Economic Development Programs Bonds" within the meaning of IRS Code. b) The City, at all times while the Series 2019B Affordable Housing and Economic Development Programs Bonds and the interest thereon are outstanding, will comply with the requirements of the IRS Code, including any amendments thereto and any valid and applicable rules and regulations promulgated thereunder necessary to maintain the exclusion of the interest on the Series 2019B Affordable Housing and Economic Development Programs Bonds from federal gross income including the creation of any rebate funds or other funds and/or accounts required in that regard. 23. Additionally, regarding security for Series 2019B Affordable Housing and Economic Development Programs Bonds, the Series 2019B Affordable Housing and Economic Development Bonds Resolution authorized the utilization of credit enhancements and reserve funds and established that such Bonds are not general indebtedness of the City as follows: 4822-1891-7550.3 25 CFN: 20190800671 BOOK 31743 PAGE 4390 a) The City Commission hereby authorizes and directs the City Manager, in consultation with the Financial Advisor, the Chief Financial Officer, the Finance Director, the Budget Director, the City Attorney, and Bond Counsel, to determine in the (a) Loan Agreement or (b) Bond Purchase Agreement whether the City shall use Credit Enhancement(s), if any, and whether the City will establish any Reserve Fund(s), if any, for the Series 2019B Affordable Housing and Economic Development Programs Bonds. The City Manager is authorized to negotiate, execute, and deliver, in a form acceptable to the City Attorney and Bond Counsel, all Credit Enhancement Agreements, if any, in connection with the issuance of the Series 2019B Affordable Housing and Economic Development Programs Bonds. b) The Series 2019B Affordable Housing and Economic Development Programs Bonds shall not be deemed to constitute general obligations or a pledge of the faith and credit of the City, the State or any other political subdivision thereof within the meaning of any constitutional, legislative or charter provision or limitation, but shall be payable solely from and secured by a lien upon and a pledge of the Pledged Funds, in the manner and to the extent herein provided. Except to the limited extent provided in the Referendum Authorizing Resolution, the Master Resolution, and the Bond Referendum, no holder of the Series 2019B Affordable Housing and Economic Development Programs Bonds shall ever have the right, directly or indirectly, to require or compel the exercise of the ad valorem taxing power of the City, the State or any other political subdivision of the State or taxation in any form on any real or personal property to pay the Series 2019B Affordable Housing and Economic Development Programs Bonds or the interest thereon, nor shall any holder of the Series 2019B Affordable Housing and Economic Development Programs Bonds be entitled to payment of such principal of and interest from any other funds of the City other than the proceeds of the Pledged Funds, all in the manner and to the extent herein provided. The Series 2019B Affordable Housing and Economic Development Programs Bonds and the indebtedness evidenced thereby shall not constitute a lien upon any real property or personal property of the City, but shall constitute a lien only on the proceeds of the Pledged Funds, all in the manner and to the extent provided herein. c) Until payment has been provided as herein permitted, the payment of the principal of and interest on the Series 2019B Affordable Housing and Economic Development Programs Bonds shall be secured forthwith equally and ratably by a prior lien on the proceeds derived from the Pledged Funds, and the City does hereby irrevocably pledge the same to payment of the principal thereof and interest thereon when due. d) The term "Pledged Funds" is defined as "collectively, the amounts on deposit in the Series 2019B Affordable Housing and Economic Development Programs Bonds Fund and any other funds and accounts created pursuant to (1) the Loan Agreement or (2) the Bond Purchase Agreement and therein pledged to secure the Series 2019B Affordable Housing and Economic Development Programs Bonds (with the exception of the Rebate Fund) including Pledged Revenues." 4822-1891-7550.3 26 CFN: 20190800671 BOOK 31743 PAGE 4391 e) The term "Pledged Revenues" is defined as "(1) legally available Limited Ad Valorem Tax Revenues deposited into the Series 2019B Affordable Housing and Economic Development Programs Bonds Fund established by the Master Resolution and this Series Resolution and (a) the Loan Agreement or (b) the Bond Purchase Agreement, and (2) to the extent necessary any funds deposited into the Series 2019B Affordable Housing and Economic Development Programs Bonds Fund by the City pursuant to a covenant to budget and appropriate established by this Series Resolution and (a) the Loan Agreement or (b) the Bond Purchase Agreement, and 3) income received from the investment of moneys deposited into the funds and accounts established by this Series Resolution and (a) the Loan Agreement or (b) the Bond Purchase Agreement". Supplemental Resolution for the Miami Forever Affordable Housing and Economic Development Bonds 24. By Resolution No. R-19-0325 adopted by the City Commission of Plaintiff on July 25, 2019 ("Supplemental Affordable Housing and Economic Development Program Resolution"), the City Commission officially authorized additional projects to become included in the validation and issuance of the Series 2019B Affordable Housing and Economic Development Bonds. 25. By Resolution Nos. 19-0062 and 19-0111 adopted by the City Commission on March 14, 2019, the City Commission authorized the initiation of validation proceedings for the November 7, 2017 Bond Referendum ("Bond Referendum") and the issuance of the City of Miami, Florida taxable and tax-exempt bonds in the aggregate principal amount not exceeding Four Hundred Million Dollars ($400,000,000.00) in one or more separate series of City of Miami, Florida Tax -Exempt and Taxable Limited Ad Valorem Tax Bonds (Miami Forever Capital Program) (collectively, "Miami Forever Bonds"), including tax-exempt and taxable bonds in one or more separate series of not exceeding One Hundred Million Dollars ($100,000,000.00) for affordable housing and economic development capital projects ("Affordable Housing and Economic Development Bonds") of which an amount not to exceed 4822-1891-7550.3 27 CFN: 20190800671 BOOK 31743 PAGE 4392 Fifteen Million Dollars ($15,000,000.00) are proposed for the first tranche ("First Tranche Series Bonds"). 26. For all series of the Affordable Housing and Economic Development Bonds, Resolution No. 19-0111 sets forth six (6) affordable housing and economic development program types of projects ("Program Types") as follows: i) Affordable Workforce New Rental Strategy, ii) Homeownership Preservation Strategy, iii) City Acquisition of Land, iv) Affordable Homeownership Strategy, v) Affordable Rental Housing Preservation Strategy, and vi) Affordable New Construction Rental Strategy. 27. The City Commission supplemented Resolution No. 19-0111 by adding a seventh (7th) Program Type identified as the "Affordable Housing Long Term Lease/Build/Manage Strategy." The Affordable Housing Long Term Lease/Build/Manage Strategy will allow the City to lease City -owned real estate, which the City may purchase with Miami Forever Bond funds or other funds legally available to the City, to private developers that have been procured though a competitive procurement process or pursuant to Section 29-B of the Charter, who will then construct, with taxable and/or tax-exempt bonds in one or more separate future Miami Forever Bonds tranches, affordable multifamily rental or homeownership projects containing units for individuals and families who earn up to eighty percent (80%) AMI, with the developers managing such properties for the City. 28. Pursuant to Section 2-33(f) of the Code of the City of Miami, Florida, as amended, the City Commission unanimously deemed the Supplemental Affordable Housing and Economic Development Program Resolution to be of an emergency nature. 29. The City Manager is authorized to supplement Resolution No. 19-0111 adopted by the City Commission on March 14, 2019, which authorized the City Manager, the City 4822-1891-7550.3 28 CFN: 20190800671 BOOK 31743 PAGE 4393 Attorney, and Bond Counsel to take any and all steps necessary to validate the approved and expected future expenditures of the Affordable Housing and Economic Development Bonds portion of the Miami Forever Bonds in order to add the Affordable Housing Long Term Lease/Build/Manage Strategy. Compliance with Procedural Requirements and Establishment of Valid Public Purposes 30. Plaintiff has complied with all necessary procedural requirements in the adoption of the Referendum Authorization Resolution, the Referendum Certification Resolution, the Intent to Reimburse Resolution, the Master Resolution, the Series 2019A Infrastructure Bonds Resolution, the Series 2019B Affordable Housing Bonds Resolution, the Supplemental Affordable Housing and Economic Development Program Resolution, and all other resolutions of the City Commission mentioned herein, and such resolutions are valid and binding obligations of the Plaintiff. 31. The Projects and the financings thereof through the issuance of the Bonds will serve public purposes as set forth in the Act. Such sufficient public purposes are paramount and any private benefits or private purposes are only incidental thereto. 32. The issuances and sales of the Bonds as set forth in the Master Resolution, the Series 2019A Infrastructure Bonds Resolution, and the Supplemental Affordable Housing and Economic Development Program Resolution and the application of the proceeds of the Bonds in accordance with the provisions of such resolutions comply with Article VII, Sections 9, 10 and 12 of the Constitution and the laws of the State, particularly Chapter 166, Florida Statutes, as amended (the "Act") and, in particular, Sections 166.111, 166.121, and 166.131, authorizing the 4822-1891-7550.3 29 CFN: 20190800671 BOOK 31743 PAGE 4394 Plaintiff to borrow and to issue and sell its ad valorem bonds from time to time to finance capital projects and to pledge the taxing power of the City for the payment of such Bonds. 33. All requirements of the Constitution and other laws of the State pertaining to the Bonds, the security therefor, and the proceedings related thereto have been followed. 34. The Bonds were approved by a vote of electors of the City in accordance with applicable law. 35. The Bonds are of the character, and the proceedings preliminary to the issuance thereof are of the nature, as entitle Plaintiff to proceed within the provisions of Chapter 75, Florida Statutes, as amended, for the purpose of having the right of Plaintiff to issue the Bonds determined. 36. Due and proper notice addressed to the State of Florida, and the several property owners, taxpayers and citizens of the County, including non-residents owning property or subject to taxation therein and all others having or claiming any right, title or interest in property to be affected by the issuance by Plaintiff of the Bonds was published by the Clerk of this Court in a newspaper of general circulation in the County, once each week for two consecutive weeks, the first publication being at least twenty (20) days prior to the date of said hearing, as required by law, all as more fully appears from the affidavit of the publisher of The Miami Herald, heretofore filed herein. 37. The Answer of the State Attorney for and on behalf of the State of Florida shows no cause why the prayer of Plaintiff should not be granted and discloses no irregularity or illegality in the proceedings set forth in the Complaint. 4822-1891-7550.3 30 CFN: 20190800671 BOOK 31743 PAGE 4395 38. This Court has found that all requirements of the Constitution and laws of the State of Florida pertaining to the enabling actions and proceedings in the above entitled matter have been strictly followed. It is therefore ORDERED, ADJUDGED, and DECREED as follows: I. The issuance of the Bonds is for a paramount public purpose and is fully authorized by law, and the Bonds to be issued as aforesaid and all proceedings incident thereto are hereby validated. 2. Pursuant to Section 75.11, Florida Statutes, as amended, there shall be stamped or written on the Bonds a statement in substantially the following form: "This bond is one of a series of bonds which were validated by judgment of the Circuit Court for the Eleventh Judicial Circuit, in and for Miami -Dade on 20 County, Florida, rendered 4822-1891-7550.3 31 CFN: P0190800671 BOOK 31743 PAGE 4396 DONE AND ORDERED at the day of 2019. Copies Furnished to: -Dade County, Florida, this Honorable ar s M. uit Court Ju ize [vmendez@miamigov.com; rjonesjackson@miamigov.com; xealban@miamigov.com; rappleton@miamigov.com; joelrosenblatt@miamisao.com; aromes@foley.com; clever@foley.com; tbramwell@foley.com; rkuper@rkuperlaw.com; sandy.maclennan@squirepb. com] SIGNED AND DATED DEC 16 2019 JUDGE CARLOS M, GUZMAN 4822-1891-7550.3 32