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HomeMy WebLinkAboutR-95-0306J-95-350 4/13/95 RESOLUTION NO. 9 5 r 306 A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE NEGOTIATION OF A LOAN IN AN AGGREGATE AMOUNT NOT TO EXCEED $3,500,000 FROM THE SUNSHINE STATE GOVERNMENTAL FINANCING COMMISSION; APPROVING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT, PROVIDING CERTAIN OTHER MATTERS IN CONNECTION WITH THE MAKING OF SUCH LOAN; AND PROVIDING FOR AN EFFECTIVE DATE. I WHEREAS, the City of Miami, Florida (the "Borrower"), together with other participating counties and cities (the "Members"), have created the Sunshine State Governmental Financing Commission (the "Commission") pursuant to a certain Interlocal Agreement and Chapter 163, Part I, Florida Statutes, for the purpose of issuing its Bonds to make loans to participating members for qualified projects; and WHEREAS, the Commission has issued its $300,000,000 Sunshine State Governmental Financing Commission Revenue Bonds, Series 1986, and is seeking to make loans (the "Loans") to members of the Commission; and WHEREAS, it is hereby determined that a need exists to borrow funds to finance, refinance or receive reimbursement for the cost of the acquisition, construction and/or equipping of the qualifying project set forth on Exhibit "A", attached to the hereinafter described Loan Agreement (the "Project"); and r ' p1 :1'i J+ 5 1 CITY COMUSSION MEETUIG OF -t MAY a 1 1995 Resolution No, 95- 306 WHEREAS, the Project consists of golf course improvements; and WHEREAS, it is determined to be in the best interest of the Borrower to borrow funds from the Commission to finance, refinance, or receive reimbursement for the cost of the acquisition, construction and/or equipping of the Project; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The Mayor and the City Clerk are hereby authorized and directed to execute and deliver a Loan Agreement, in substantially the form attached hereto as Exhibit 'A', to be entered into by and between the Borrower and the Commission with such changes, insertions and omissions as may be approved by the Mayor and the City Clerk, the execution thereof being conclusive evidence of such approval. Section 3. The amount of the Loan of the Borrower evidenced by the Loan Agreement shall not exceed $3,500,000. Such Loan shall be made at a discount which shall include a portion of costs of insurance previously incurred by the Commission and shall bear interest and shall be repayable according to the terms and conditions set forth in the Loan BSN018MOC 2 9 5 - 306 Agreement authorized pursuant to Section 2 hereof with such changes, insertions and omissions as may be approved by the Mayor and the city Clerk. Such Loan shall not bear a rate of interest in excess of the maximum rate permitted by law. Section 4. The Mayor and the City Clerk or any other appropriate officers of the Borrower are hereby authorized) and directed to execute any and all certifications or other instruments or documents required by this Resolution, the Loan Agreement or any other document required by the Commission as a prerequisite or precondition to making the Loan, all in a form acceptable to the City Attorney, and any such representation made therein shall be deemed to be made on behalf of the Borrower. All action taken to date by the officers of the Borrower in furtherance of the issuance of the Bonds and making of the Loan is hereby approved, confirmed and ratified. Section 5. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 1st day of May , 1995. W.-I c. 4y - S PHEN P. cLAQk, MAYOR CITY CLERK ' The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. BS:WOI8.DOC 3 9 5- 306 PREPARED AND REVIEWED BY: RAFAEL 0. DIAZ DEPUTY CITY ATTORNEY., APPROVED AS TO FORM AND CORRECTNESS: 95- 306 as:wo � s.Doc 4 4v EXHIBIT A USE OF LOAN PROCEEDS DIVISION I DESCRIPTION OF PROJECT TO BE ACQUIRED OR CONSTRUCTED Description of Items Melreese Golf Course Renovation Computer Equipment Allocated Amount $3,100,000 95- 306 ovwool r U l , ar: 11 1 CITY OF MIAMI. FLORIDA INTER-OFFIC9 MEMORANDUM TO ; HOnorable Mayon and Memberfl of the City Co=ission I I {UM Carl# Cit OATS : APR 18 1995 RLE SUBJECT : REFERENCES 04LOSURSO - Agenda Item for City CvmmS,assion Meeting it is respectfully recommended that the attached resolution be approved authorizing the negotiation of a loan in an aggregate amount not to exceed $3,500#000 from the Sunshine Skate Guva4isuiesi6al Financing ComminvLon; approving than execution and dolivexy of a loan agreement; providing certain other mat.terr, in connection with the making of such loan; and providing an effective date. The City of mianj has participated i,n the f i nnnci ng program of the Sunshine State Clovernmental Financing Co11tIMiG6i0n since 1987 This program provides very attrrraative terms. Its variable rate interest loans are currently below 5%. The Sunshine State Goverroaental Financing Cuumilaa vivii le;aued i'Le original bondr, under the ina regulations in offset prior to the 1996 IRS tax reforms, which are more f 1 gas i hl as than the new IRS regulations. Bond Counsel has opined that the funds being borrowed under this resolution can be used for private purpose projects such as the proposed golf courage istyruvemeaLs under a management contract. It iar hereby rarammendedl that the attached resolution be approved authorizing a loan in an amount not is exceed $3,500,000. 9�- 306