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Home My WebLink AboutR-22-0466City of Miami Resolution R-22-0466 Legislation File Number: 12932 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 11/17/2022 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DECLARING THE OFFICIAL INTENT OF THE CITY OF MIAMI ("CITY") TO ISSUE BOTH TAXABLE AND TAX-EXEMPT GENERAL OBLIGATION BONDS, IN ONE OR MORE SERIES, PAYABLE FROM AD VALOREM TAXES PROVIDED THAT THE CAPITAL PROJECTS DEBT MILLAGE NOT EXCEED THE RATE OF 0.5935 MILLS IN ACCORDANCE WITH THE NOVEMBER 7, 2017 BOND REFERENDUM APPROVED BY THE VOTERS, IN AN EXPECTED NOT TO EXCEED TOTAL MAXIMUM PRINCIPAL AMOUNT OF FOUR MILLION, FIVE HUNDRED FIFTY THOUSAND DOLLARS ($4,550,000.00) (COLLECTIVELY, "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 CAPITAL PROJECTS TO BE UNDERTAKEN BY THE CITY TO MINIMIZE FLOODING FREQUENCY, SEVERITY, DURATION, AND IMPACTS; PROTECT CRITICAL INFRASTRUCTURE AND HIGH -USE AREAS; AND REDUCE FINANCIAL AND ECONOMIC VULNERABILITY, ALL AS INDICATED IN THE ATTACHED PROJECT LIST IN EXHIBIT "A," ATTACHED AND INCORPORATED; ESTABLISHING CERTAIN RELATED DEFINITIONS OF TERMS; AUTHORIZING CERTAIN FURTHER AND INCIDENTAL ACTIONS BY THE CITY MANAGER IN CONSULTATION WITH THE CITY ATTORNEY, BOND COUNSEL, DISCLOSURE COUNSEL, FINANCIAL ADVISOR, CHIEF FINANCIAL OFFICER, FINANCE DIRECTOR, BUDGET DIRECTOR, AND SUCH OTHER APPROPRIATE OFFICERS, EMPLOYEES, AND AGENTS OF THE CITY AS THE CITY MANAGER DEEMS NECESSARY, ALL AS REQUIRED FOR PURPOSES OF SECTIONS 103 AND 141-150 OF THE U.S. INTERNAL REVENUE CODE OF 1986, AS AMENDED, AND FOR COMPLIANCE THEREWITH; FURTHER AUTHORIZING RELATED AMENDMENTS TO THE CITY'S MULTI -YEAR CAPITAL PLAN AS NECESSARY. SPONSOR(S): Commissioner Manolo Reyes WHEREAS, United States Treasury Regulations §1.150-2 ("Reimbursement Regulations") prescribe conditions under which proceeds of tax-exempt bonds, notes, or other obligations ("Bonds") used to reimburse advances made for capital and certain other expenditures ("Original Expenditures") paid before the issuance of such Bonds will be deemed to be expended (or properly allocated to expenditures) for purposes of Sections 103 and 141- 150 of the United States Internal Revenue Code of 1986, as amended, and the regulations promulgated thereunder, as amended (collectively, "IRS Code"), upon such reimbursement so that the proceeds so used will no longer be subject to requirements or restrictions under those sections of the IRS Code; and City of Miami Page 1 of 3 File ID: 12932 (Revision:) Printed On: 121712022 File ID: 12932 Enactment Number: R-22-0466 WHEREAS, certain provisions of the Reimbursement Regulations require that there be a declaration of official intent not later than sixty (60) days following payment of the Original Expenditures expected to be reimbursed from proceeds of Bonds and that the reimbursement occur within certain prescribed time periods after the Original Expenditures are paid or after the property, resulting from that Original Expenditure, is placed in service; and WHEREAS, the City Commission expects to provide for the issuance by the City of Miami ("City") of its taxable and tax-exempt limited ad valorem bonds, in one or more series, payable from ad valorem taxes provided that the capital projects debt millage not exceed the rate of 0.5935 mills in accordance with the November 7, 2017 bond referendum approved by the voters, in an expected not to exceed total maximum principal amount of Four Million, Five Hundred Fifty Thousand ($4,550,000.00) in order to, among other things, reimburse the City for funds advanced by the City for certain expenses incurred with respect to capital projects to be undertaken by the City to minimize flooding frequency, severity, duration, and impacts; protect critical infrastructure and high -use areas; and reduce financial and economic vulnerability within the City's limits, all as indicated in the attached project list in Exhibit "A," attached and incorporated (collectively, "Limited Ad Valorem Bonds"); and WHEREAS, in connection with the Projects, the City expects to make Original Expenditures that will be reimbursed from proceeds of the Limited Ad Valorem Bonds as will be set forth in the City Manager's subsequent Memorandum for Reimbursable Funds Advanced ("City's Manager's Memorandum"); NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY MIAMI, FLORIDA: Section 1. Recitals and Findings. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as fully set forth in this Section. Section 2. Definitions. The following definitions apply to the terms used herein: "Reimbursement" or "Reimburse" means the restoration to the City of money temporarily advanced from its own funds and spent for Original Expenditures before the issuance of the Limited Ad Valorem Bonds evidenced in writing by an allocation on the books and records of the City that show the use of the proceeds of the Limited Ad Valorem Bonds to restore the money advanced for the Original Expenditures. "Reimbursement" or "Reimburse" generally does not include the refunding or retiring of Bonds previously issued and sold to, or borrowings from, unrelated entities. Section 3. Declaration of Official Intent. The City Commission hereby declares the City's official intent to issue both taxable and tax-exempt Limited Ad Valorem Bonds, in one or more series, in the expected not to exceed total maximum principal amount of Four Million, Five Hundred Fifty Thousand Dollars ($4,550,000.00) and, to the extent permissible under the IRS Code regarding the tax-exempt Limited Ad Valorem Bonds, use a portion of the tax-exempt Limited Ad Valorem Bonds to reimburse the City for funds advanced by it for Original Expenditures incurred and to be incurred with respect to the Projects. This Resolution is intended as a declaration of official intent under United States Treasury Regulation § 1.150-2 for the Projects as set forth in Exhibit "A," attached and incorporated, or future projects as approved by the City Commission in future public meetings and in the subsequent City Manager's Memorandum. City of Miami Page 2 of 3 File ID: 12932 (Revision:) Printed on: 121712022 File ID: 12932 Enactment Number: R-22-0466 Section 4. Incidental Actions. The City Manager in consultation with the City Attorney, Bond Counsel, Disclosure Counsel, Financial Advisor, Chief Financial Officer, Finance Director, Budget Director, and such other appropriate officers, employees, and agents of the City as the City Manager deems necessary are hereby authorized' to take such actions as may be necessary to carry out the purposes of this Resolution and the IRS Code and for compliance therewith. Section 5. Related Amendment of the City's Multi -Year Capital Plan. The City Manager, designated City Officials, and Departments are hereby authorized' to amend the Multi -Year Capital Plan (i) to include the Projects listed in Exhibit "A," attached and incorporated, and for the associated financing(s) for the City's contributions to Projects' funding through the Limited Ad Valorem Bonds as referenced in this Resolution with new project numbers to be determined by the City Manager, (ii) to comply with State Laws, the Charter of the City of Miami, Florida, as amended ("City Charter'), and the Code of the City of Miami, Florida, as amended ("City Code"), and (iii) to require that future reallocations of funding sources be presented to City Commission from time to time in connection with said financings for the Projects pursuant to the future required bond resolution(s) authorizing each particular series of Limited Ad Valorem Bonds. Section 6. Effective Date. This Resolution shall take effect immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: 1 &�na City Nttor ey 11/7/2022 ' The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to, those prescribed by City Charter and City Code provisions. 2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 3 of 3 File ID: 12932 (Revision:) Printed on: 121712022