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HomeMy WebLinkAboutItem #40 - First Reading OrdinanceJ-86-165 2/13/86 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE ISSUANCE OF UP TO FORTY MILLION DOLLARS ($40,000,000) OF SPECIAL CONSTRUCTION REVENUE NOTES OF THE CITY OF MIAMI, FLORIDA, CONTINGENT UPON THE STRUCTURING OF A PROGRAM THAT MEETS THE REQUIREMENT FOR TAX EXEMPTION IN THE FEDERAL INTERNAL REVENUE CODE; IDENTIFYING THE MANAGING UNDERWRITER OF SAID ISSUE AND FIXING THE TERM OF SAID NOTES; AUTHORIZING THE USE OF A COLLATERAL FUND SECURED BY A PLEDGE OF CERTAIN FRANCHISE PAYMENTS; AND PROVIDING FOR THE TAKING OF SUCH FURTHER ACTION AS MAY BE NECESSARY IN CONNECTION WITH THE ISSUANCE OF SAID NOTES. WHEREAS, the City of Miami, Florida (hereinafter, the "City"), has heretofore approved in principle the Southeast Overtown/Park West Community Redevelopment Plan (hereinafter, the "Overtown Project") and the issuance of not exceeding Forty Million Dollars ($40,000,000) aggregate principal amount of revenue notes therefor, pursuant to Resolutions Nos. 82-755 and 85-402, respectively; and WHEREAS, uncertainty exists with respect to the status of federal tax legislation applicable to housing development such as that contemplated by the Overtown Project and by the Scattered Site Housing Development Program (hereinafter, the "Scattered Site Program"); and WHEREAS, the City is desirous of taking quick action with respect to issuing such debt for the Overtown Project and the Scattered Site Program, as soon as federal tax legislation should permit; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Contingent upon the structuring of a program that meets the requirement for tax exemption in the Federal Internal Revenue Code, the Commission hereby authorizes the issuance of up to Forty Million Dollars ($40,000,000) of special construction revenue notes by the City (hereinafter, the "Notes") for the purpose of providing financing to construct single-family residences as part of Phase I of the Overtown Project and as part of the Scattered Site Program, which is initially designated for the City's Community Development Target Areas of Allapattah, Model City, Wynwood, Little Havana and Overtown and which may be extended to such other areas as the Commission may hereafter designate. Section 2. The Notes, if issued, shall be awarded to L. F. Rothschild, Unterberg, Towbin on the basis of a negotiated sale, the Commission having determined upon the recommendation of the City Manager, that competitive bidding does not provide the degree of flexibility required to structure the provisions of the Notes in the current unsettled climate of the municipal a securities market. t Section 3. The Commission hereby authorizes the use of a fund, to be created with the proceeds of obligations secured by a pledge of certain payments received by the City from Southern y Bell Telephone Company, its successors and assigns, pursuant to Ordinance No. 9064, in order to enable the City to purchase unsold housing units, if any, financed with the proceeds of the Notes, from such institution as shall provide credit enhancement for the Notes, upon such terms and conditions as the Commission may hereafter determine. Section 4. The Notes shall be fully registered; shall mature within three (3) years of the date of issuance thereof; and shall bear interest, be subject to redemption and have such other provisions as shall be provided by the Commission by resolution adopted prior to the issuance of the Notes, which resolution may provide such details by approval of a trust indenture. Section 5. The officers, employees and agents of the City are hereby authorized and directed to do all acts and things i necessary to carry into effect the provisions of this ordinance. � PASSED ON FIRST READING BY TITLE ONLY this } it-h day of 5 9 February 1986. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this day of , 1986. XAVIER L. SUAREZ, MAYOR ATTEST: MATTY HIRAI CITY CLERK PREPARED AND APPROVED BY: ROBERT F. CLARK CHIEF DEPUTY CITY ATTORNEY Y AP :ASORM AND CORRECTNESS: 3 • / j 'y. LUCIA A. DOUG ERTY CITY ATTORNEY RFC/rr/054