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HomeMy WebLinkAboutR-85-0353J-85-314 RESOLUTION NO. 85- 85 -'3 j3 A RESOLUTION FIXING CERTAIN DETAILS CON- CERNING $5000000 FIRE FIGHTING, FIRE PREVENTION AND RESCUE FACILITIES BONDS, $5000,000 POLICE HEADQUARTERS AND CRIME PREVENTION FACILITIES BONDS, $8,000,000 SANITARY SEWER SYSTEM BONDS, $9,0001000 STORM SEWER IMPROVEMENT BONDS AND $6,000,000 STREET AND HIGHWAY IMPROVEMENT BONDS, OF THE CITY OF MIAMI, FLORIDA, AND DIRECTING PUBLICATION OF NOTICE OF SALE OF SAID BONDS. WHEREAS, the Commission (hereinafter sometimes called the "City Commission") of The City of Miami, Florida (here- inafter sometimes called the "City") duly passed and adopted the following resolutions providing for the is- suance of bonds of the City: Resolution No. 81-1020, adopted by the City Commis- sion on the 10th day of December, 1981, as amended -by Resolution No. 82-3041 adopted on April 1, 1982,(such i amendment conforming to Ordinance No. 9406 adopted on April 1, 1982, amending Ordinance No. 9296, adopted on July 23, 1981), and as amended by Resolution No. 84-628, adopted on June 14, 1984, providing for the issuance of not exceeding $21,000,000 Fire Fighting, Fire Prevention and Rescue Facilities Bonds, to consist of bonds of the denomination of $5,000 each or any integral multiple there- of, said bonds to be issued at one time or from time to time and to be dated and sold as shall hereafter be deter- mined by the City Commission and to mature in annual in- stallments three (3) to twenty (20) ytirs, inclusive, after the date of the bonds. =■ q- i im CITY COMMISSION MEETING OF fAARdA IML REMARKS, Resolution No. 85- , adopted by the City Commis- sion on the 21st day of March, 1985, providing for the issuance of not exceeding $20,000,000 Police Headquarters and Crime Prevention Facilities Bonds to consist of bonds of the denomination of $5,000 each or any integral mul- tiple thereof, said bonds to be issued at one time or from time to time and to be dated and sold as shall here- after be determined by the City Commission, and to mature in annual installments two (2) to twenty (20) years, inclusive, after the date of the bonds. Resolution No. 76-1060, adopted by the City Commis- sion on the 18th day of November, 1976, providing for the issuance of not exceeding $25,000,000 Sanitary Sewer Sys- tem Bonds to consist of bonds of the denomination of $5,000 each or any integral multiple thereof, said bonds to be issued at one time or from time to time and to be dated and sold as shall hereafter be determined by the City Commission, and to mature in the years and in the princi- pal amounts as follows: Years After Principal Years After principal Date or Dates Amount Date or Dates Amount- 2 $1,350,000 11 $1,300,000 3 1,350,000 12 1,300,000 4 1,350,000 13 1,300,000 5 1,350,000 14 1,300,000 6 1,350,000 15 11300,000 7 1,350,000 16 1,300,000 8 11300,000 17 1,300,000 9 1,300,000 18 1,300,000 10 1,300,000 19 1,300,000 20 1,300,000 Resolution No 80-773, adopted by the City Commission on the 30th day of October, 1980, providing for the issu- ance of not exceeding $45,000,000 Sanitary Sewer System Bonds to consist of bonds of the denomination of $5,000 2. 85-353, V V each or any integral multiple thereof, said bonds to be issued at one time or from time to time and to be dated and sold as shall hereafter be determined by the City Commission, and to mature in the years and in the princi- pal amounts as follows: Years After Date or Dates 3 4 5 6 7 8 9 10 11 Principal Years After Principal Amount Date or Dates Amount $1,325,000 12 $2,435,OGG 1,415,000 13 2,640,000 1,515,000 14 2,790,000 1r620r000 15 2,985,OOO 1,735,000 16 3,190,000 1 , 855, 000 17 31415, 000 i,985,000 18 3,655,000 2,125,000 19 3,910,000 2,275,000 20 4,130,000 Resolution No. 85-,, adopted by the City Commis- sion on the 21st day of March, 1985, providing for the issuance of not exceeding $30,000,000 Storm Sewer Improve- ment Bonds, to consist of bonds of the denomination of $5,000 each or any integral multiple thereof, said bonds to be issued at one time or from time to time and to be dated and sold as shall hereafter be determined by the City Commission, and to mature in annual installments two (2) to twenty-five (25) years, inclusive, after the date of the bonds. Resolution No. 80-774, adopted by the City Commis- sion on the 30th day of October, 1980, as amended by Reso- lution No. 84-628, adopted on June 14, 1984, providing for the issuance of not exceeding $30,000,000 Street and Highway Improvement Bonds, to consist of bonds of the denomination of $5,000 each or any integral mutiple there- of, said bonds to be issued at one time or from time to time and to be dated and sold as shall hereafter be deter- 3. 85-353,. mined by the City Commission, and to mature in the years and in the principal amounts as follows: Years After Date or Dates 3 4 5 6 7 8 9 10 11 Principal Amount $ 880,000 945,000 1,010,000 1,080,000 1,155,000 1,235,000 1,325,000 1,415,000 1,515,000 Years After Date or Dates 12 13 14 15 16 17 18 19 20 Principal Amount $1,620,000 1,735,000 1,855,000 1,985,000 2,125,000 2,275,000 2,430,000 2,600,000 2,815,000 WHEREAS, each of said resolutions provides that (i) the bonds authorized thereunder shall bear interest at rates not exceeding the legal rate, (ii) all or any part of the bonds therein authorized may be made redeemable prior to their respective maturities, at such times and prices and under such terms and conditions, as the City Commission shall determine by resolution prior to the sale of the bonds, and (iii) both the principal of and the interest on said bonds shall be payable at a bank or trust company in each of the respective cities therein stated; and WHEREAS, the City has not issued any of its Police Headquarters and Crime Prevention Facilities Bonds under said Resolution No. 85- or any of its Sanitary Sewer System Bonds under said Resolution No. 80-773 or any of its Storm Sewer Improvement Bonds under said Resolution No. 85- ; the City has heretofore issued its (i) Fire Fighting, Fire Prevention and Rescue Facilities Bonds authorized under said Resolution No. 81-1020 in the prin- cipal amount of $10,000,000 in two series dated May 1, 1983 and June 1, 1984, thereby reducing the authorized 4. 85-353. but unissued portion of said Fire Fighting, Fire Preven- tion and Rescue Facilities Bonds to $11,000,000; (2) Sani- tary Sewer System Bonds authorized under said Resolution No. 76-1060 in the principal amount of $25,000,000 in three series dated May 1, 1977, December 1, 1978 and May 1, 1983, respectively, thereby reducing the authorized but unissued portion of said Sanitary Sewer System Bonds to $3,000,000; and (3) Street and Highway Improvement Bonds authorized under said Resolution No. 80-774, in the principal amount of $13,100,000 in two series, dated May 1, 1983 and June 1, 1984, respectively, thereby reducing the unauthorized but unissued portion of said Street and Highway Improvement Bonds to $16,900,000; and WHEREAS, the City Commission has determined: (a) that $5,000,000 principal amount of said authorized but unissued $11,000,000 Fire Fighting, Fire Prevention and Rescue Facilities Bonds shall be issued and sold at this time, said bonds to be dated, to be numbered and to mature as hereinafter provided; (b) that $5,000,000 principal amount of said author- ized but unissued $20,000,000 Police Headquarters and Crime Prevention Facilities Bonds shall be issued and sold at this time, said bonds to be dated, to be numbered and to mature as hereinafter provided; (c) that $3,000,000 principal amount of said author- ized but unissued $3,000#000 Sanitary Sewer System Bonds under said Resolution No. 76-1060 shall be issued and sold at this time, said bonds to be dated, to be numbered and to mature as hereinafter provided; (d) that $5,000,000 principal amount of said author- 5. 85-353, A A ized but unissued $45,000,000 Sanitary Sewer System Bonds under said Resolution No. 80-773 shall be issued and sold at this time, said bonds to be dated, to be numbered and to mature as hereinafter provided; (e) that $9,000,000 principal amount of said author- ized but unissued $30,000,000 Storm Sewer Improvement Bonds shall be issued and sold at this time, said bonds to be dated, to be numbered and to mature as hereinafter provided; (f) that $6,000,000 principal amount of said author- ized but unissued $16,900,000 Street and Highway Improvement Bonds shall be issued and sold at this time, said bonds to be dated, to be numbered and to mature as hereinafter provided; (g) that each of said bonds shall be redeemable prior to its respective maturity as hereinafter provided; (h) that the principal of and the interest on said bonds shall be payable at the banks hereinafter designated; and (i) that the sale of said bonds shall be held and notice thereof given as hereinafter provided; NOW, THEREFORE BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. There shall be issued and sold at this time Fire Fighting, Fire Prevention and Rescue Facilities Bonds, authorized under said Resolution No. 81-1020, as amended, in the aggregate principal amount of Five Million Dollars ($5,000,000), being a portion of the $21,000,000 principal amount of said bonds authorized as hereinabove described. Said bonds shall be dated as of the 1st day of April, 1985, shall consist of bonds of the denomination 6. 8S-353 A A of $5,000 each or any integral multiple thereof, numbered R-1 upwards, and shall mature, subject to redemption at the option of the City, in numerical order, lowest numbers first, on the 1st day of April in the following years and in the following amounts, respectively: Year of Principal Year of Principal Maturity_ Amount Maturity Amount 1988 $115,000 1997 $260,000 1989 125,000 1998 285,000 1990 140,000 1999 315,000 1991 150,000 2000 345,000 1992 165,000 2001 375,000 1993 180,000 2002 410,000 1994 200,000 2003 450,000 1995 215,000 2004 490,000 1996 240,000 2005 540,000 Section 2. There shall be issued and sold at this time Police Headquarters and Crime Prevention Facilities Bonds, authorized under said Resolution No. 85- , in the aggregate principal amount of Five Million Dollars ($5,000,000), being a portion of the $20,000,000 principal amount of such bonds authorized as hereinabove described. Said bonds shall be dated as of the 1st day of April, 1985, shall consist of bonds of the denomination of $5,000 each or any integral multiple thereof, numbered R-1 up- wards, and shall mature, subject to redemption at the option of the City, in numerical order, lowest numbers first, on the 1st day of April in the following years and in the following amounts, respectively: 7. It 85- 353, U LI Year of Maturity 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 Principal Amount $105,000 110,000 125, 000 135,000 150,000 160,000 180,000 195,000 215,000 235,000 Year of Maturity 1997 1998 1999 2000 2001 2002 2003 2004 2005 Principal Amount $255,000 280,000 305,000 335,000 365,000 400,000 440,000 480,000 530,000 Section 3. There shall be issued and sold at this time Sanitary Sewer System Bonds, authorized under said Resolution No. 76-1060, in the aggregate principal amount of Three Million Dollars ($3,000,000), being the final portion of the $25,000,000 principal amount of said bonus authorized as hereinabove described. Said bonds shall be dated as of the 1st day of April, 1985, shall consist of bonds of the denomination of $5,000 each or any integral multiple thereof, numbered R-1 upwards, and shall mature, subject to redemption at the option of the City, in nu- merical order, lowest numbers first, on the 1st day of April in the following years and in the following amounts, respectively: Year of Maturity 1987 1988 1989 1990 1991 1992 1993 1994 1995 Principal Amount $160,000 160,000 160,000 160,000 160,000 160,000 150,000 150,000 150,000 Year of Maturity 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 Principal Amount $150,000 160,000 160,000 160,000 160,000 160,000 160,000 160,000 160,000 160,000 Section 4. There shall be issued and sold at this time Sanitary Sewer System Bonds, authorized under said Resolution No. 80-773, in the aggregate principal amount 8. I 85-•1353, Of Five Million Dollars ($5,000,000), being a portion of the $45,000,000 principal amount of said bonds authorized as hereinabove described. Said bonds shall be dated as of the 1st day of April, 1985, shall consist of bonds of the denomination of $5,000 each or any integral multiple thereof, numbered R-1 upwards, and shall mature, subject to redemption at the option of the City, in numerical order, lowest numbers first, on the 1st day of April in the following years and in the following amounts, respec- tively: Year of Principal Year of Principal Maturity Amount Maturity Amount 1988 $150,000 1997 $270,000 1989 155,000 1998 295,000 1990 170,000 1999 310,000 1991 180,000 2000 330,000 1992 190,000 2001 355,000 1993 205,000 2002 380,000 1994 220,000 2003 405,000 1995 235,000 2004 435,000 1996 255,000 2005 460,000 Section 5. There shall be issued and sold at this time Storm Sewer Improvement Bonds, authorized under said Resolution No. 85- , in the aggregate principal amount of Nine Million Dollars ($9,000,000), being a portion of the $30,000,000 principal amount of said bonds authorized as hereinabove described. Said bonds shall be dated as of the 1st day of April, 1985, shall consist of bonds of the denomination of $5,000 each or any integral multiple thereof, numbered R-1 upwards and shall mature, subject to redemption at the option of the City, in numerical order, lowest numbers first, on the 1st day of April in the following years and in the following amounts, respec- tively: 9. i ss-3�3. 0 Year of Maturity 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 Principal Amount $110?000 120,000 130,000 145,000 155,000 170,000 190,000 205,000 225,000 250,000 270,000 295,000 Year of Maturity 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 Principal Amount $325,000 355,000 390,000 425,000 465,000 510,000 560,000 615,000 670,000 735,000 805,000 880,000 Section 6. There shall be issued and sold at this time Street and Highway Improvement Bonds, authorized under said Resolution No. 80-774, in the aggregate prin- cipal amount of Six Million Dollars ($6,000,000), being a portion of the $30,000,000 principal amount of said bonds authorized as hereinabove described. Said bonds shall be dated as of the 1st day of April 1985, shall consist of bonds of the denomination of $5,000 each or any integral multiple thereof, numbered R-1 upwards, and shall mature, subject to redemption at the option of the City, in numerical order, lowest numbers first, on the 1st day of April in the following years and in the following amounts, respectively: Year of Maturity 1988 1989 1990 1991 1992 1993 1994 1995 1996 Principal Amount $175,000 190,000 200,000 215,000 230,000 250,000 265,000 290,000 300,000 Year of Maturity 1997 1998 1999 2000 2001 2002 2003 2004 2005 Principal Amount $325,000 345,000 370,000 400,000 425,000 455,000 485,000 520,000 560,000 Section 7. Interest on said Fire Fighting, Fire Prevention and Rescue Facilities Bonds, Police Head- 10. 85-353. U quarters and Crime Prevention Facilities Bonds, Sanitary Sewer System Bonds, Street and Highway Improvement Bonds and Storm Sewer Improvement Bonds, shall be payable semi- annually on the 1st day of April and October in each year, first interest being payable on the 1st day of Octo- ber, 1985, and both the principal of and the interest on said bonds shall be payable at Chemical Bank, in the Borough of Manhattan, City and State of New York, or, at the option of the registered owner, at Pan American Bank, I N.A., in the City of Miami, Florida. Section 8. The Director of Finance is hereby authorized and directed to publish a notice calling for bids for said bonds in The Miami Review and The Miami News, daily newspapers of general circulation published in the City of Miami, and in The Bond Buyer, a financial journal published in New York City and devoted primarily to municipal bonds, each of such publications to be made at least ten (10) days before the date for the receipt of bids, which notice shall be substan- tially in the following form: NOTICE OF SALE $33,000,000 THE CITY OF MIAMI, FLORIDA GENERAL OBLIGATION BONDS Sealed Bids '.Y t., Sealed bids will be received by the Commission (the "Commission") of The City of Miami, Florida (the "City") at its regular place of meeting in the City Hall, 3500 Pan American Drive, Dinner Key, Miami, Florida, until 11:00 A.M. Miami time on Thursday, April 11, 1985, at which time and place all bids will be publicly opened and read, for The City of Miami, Florida General Obligation Bonds in the principal amount of $33,000,000, consisting of $5,000,000 Fire Fighting, Fire Prevention and Rescue Faci- lities Bonds, $5,000,000 Police Headquarters and Crime Prevention Facilities Bonds, $8,000,000 Sanitary Sewer 85-353. W System Borids, $9,000,000 Storm Sewer Improvement Bonds and $6,000,000 Street and Highway Improvement Bonds, dated April 1, 1985. Bond Details The Bonds are issuable as registered bonds without coupons in the denomination of $5,000 or any integral multiple thereof. Interest on the Bonds will be payable to the registered owners shown on the registration books of the City on the fifteenth day of the month preceding an interest payment date, by check or draft mailed to such registered owners by the Bond Registrar and Paying Agent. The Bonds will be dated and bear interest from April 1, 1985, payable semi-annually on April 1 and Octo- ber 1 in each year, first interest payable October 1, 1985, at the rate or rates specified in such proposal as may be accepted, and will mature as follows: MATURITY SCHEDULE Fire Fighting, Police Fire Headquarters Prevention and Crime Sanitary Street eud and Rescue Prevention Sewer Storm Sewer Highway Total Maturity Date Facilities Facilities System Improvement Improvement Principal (April 1) Bonds Bonds Bonds Bonds Bonds Amount 1987 $ -0- $ 105,000 $160,000 $ 110,000 $ -0- $ 375,000 1988 115,000 110,000 310,000 120,000 175,000 830,000 1989 125,000 125,000 315,000 130,000 190,000 88�,000 1990 140,000 135,000 330,000 145,000 200,000 950,000 1991 150,000 150,000 340,000 155,000 215,000 11010,000 1992 165,000 160,000 350,000 170,000 230,000 1,075,000 1993 180,000 180,000 355,000 190,000 250,000 1,155,000 1994 200,000 195,000 370,000 205,000 265,000 1,235,000 1995 215,000 215,000 385,000 225,000 290,000 1,330,000 1996 240,000 235,000 405,000 250,000 300,000 1,430,000 1997 260,000 255,000 430,000 270,000 325,000 1,540,000 1998 285,000 280,000 455,000 295,000 345,000 1,660,000 1999 315,000 305,000 470,000 325,000 -370,000 1,785,000 2000 345,000 335,000 490,000 355,000 400,000 1,925,000 •2001 375,000 365,000 515,000 390,000 425,000 2,070,000 2002 410,000 400,000 540,000 425,000 455,000 2,230,000 2003 450,p00 440,000 565,000 465,000 485,000 2,405,000 2004 490,000 480,000 595,000 510,000 520,000 . 2,595,000 2005- 540,000 530,000 620,000 560,000 560,000 2,810,000 2006 615,000 615,000 2007 670,000 670,000 2008 735,000 735,000 2009 805,000 805,000 2010 880,000 880,000 Principal of, and premium, if any, on the Bonds will be payable upon presentation and surrender thereof, at the option of the registered owners, at Chemical Bank, ) 12. 85--353 New York, New York, as Bond Registrar and Paying Agent, or at Pan American Bank, N.A., Miami, Florida. Optional Redemption The Bonds maturing on or after April 1, 1996 are subject to redemption at the option of the Commission of the City on or after April 1, 1995, in whole on any date, or in part in the inverse order of their maturities (by lot within any maturity) on any interest payment date, at the following redemption prices, plus accrued interest to the date of redemption: Redemption Period (dates inclusive) Redemption Price (percentage of principal amount) April 1, 1995 to March 31, 1996 103 % April 1, 1996 to March 31, 1997 102 1/2% April 1, 1997 to March 31, 1998 102 % April 1, 1998 to March 31, 1999 101 1/2% April 11 1999 to March 31, 2000 101 % April 1, 2000 to March 31, 2001 100 1/2% April 1, 2001 and thereafter 100 % Purpose; Validation The Fire Fighting, Fire Prevention and Rescue Facili- ties Bonds were authorized by Ordinance No. 9296 for the purpose of paying the cost of fire fighting, fire prevention and rescue facilities. The Police Headquarters and Crime Prevention Facili- ties Bonds were authorized by Ordinance No. 9787 for the purpose of paying the cost of construction of additions to the Police Headquarters building, the acquisition and installation of electronic communications and computer equipment, and facilities for training, property unit and other police purposes, and the acquisition of any necessary land and other equipment. The Sanitary Sewer System Bonds were authorized by Ordinance Nos. 8573 and 9128 for the purpose of paying the cost of improvements and extensions to the sanitary sewer system of the City. The Storm Sewer Improvement Bonds were authorized by Ordinance No. 9781 for the purpose of paying the cost of s ;b the construction of permanent drainage facilities within the City. The Street and Highway Improvement Bonds were author- ized by Ordinance No. 9129 for the purpose of paying the cost of street and highway improvements in the City. All of the Bonds have been validated by judgments of the Circuit Court of Dade County and no appeal was taken A. therefrom. 13. 85-353: N A Security for and Source of Payment for the Bonds The Bonds will be general obligations of the City for which its full faith, credit and taxing power are pledged, and are payable from unlimited ad valorem taxes on all taxable property in the City (excluding homestead exemptions for owner occupied housing and certain persons who are aged, disabled or otherwise qualified therefor, as required by law). Interest Rates and Biddinq Details Each proposal must be in the form of the Official Bid Form, and enclosed in a sealed envelope marked "Bid for $33,000,000 City of Miami, Florida General Obligation Bonds". Each bid constitutes a separate bid for each of said series of Bonds and any premium bid shall be for all of said Bonds and allocated to each series in the proportion which the amount of such series bears to the total amount of all Bonds. Bidders are requested to name the interest rate or rates in multiples of 1/8 or 1/20 of 1%. Each bidder must specify in his bid the interest rate for the Bonds of each maturity, and all Bonds maturing on the same date must bear interest at the same rate. Any number of interest rates may be named, but the highest interest rate named may not exceed the lowest interest named by more than two percent (2%). No Bond shall bear more than one rate of interest, which rate shall be uniform for the life of the Bond, and no zero or blank rate or split rate will be permitted. No bid for less than all of the Bonds offered or for less than par and accrued interest will be enter- tained. Premiums may be specified. Award of Bonds As between acceptable proposals complying with this Notice of Sale, the Bonds will be sold to the responsible bidder whose proposal offers to purchase all the Bonds at such rate or rates of interest as will produce the lowest effective interest rate to the City. The lowest effective interest rate will be determined in accordance with the "Canadian" or "true" interest cost method of calculation by doubling the semi-annual interest rate (compounded semi- annually) necessary to discount the debt service payments from the payment dates to the date of the Bonds and to the price bid, not including interest accrued to the date of delivery. The right is reserved to reject all bids or any bid not conforming to this Notice of Sale or not in the form of the Official Bid Form. The right is also reserved to waive, if permitted by law, any irregularity or informal- ity in any proposal. Good Faith Each bid must be accompanied by a certified or bank cashier's or treasurer's check drawn upon an incorporated bank or trust company, in the amount of $330,000, which check, on which no interest will be allowed, must be payable unconditionally to the order of The City of Miami, Florida. Award or rejection of bids will be made on 14. 85-353. I Ot .A the date above stated for receipt of bids, and the checks of unsuccessful bidders will be returned immediately. The check of the successful bidder will be cashed and the proceeds, on which no interest will be allowed, will be held as security for the performance of the bid, and, in the event such successful bidder shall fail to comply with the terms of his bid, the proceeds will be retained. The retention of such check will constitute full liqui- dated damages. If it shall be found impossible to issue and deliver the Bonds, the City will deliver to the suc- cessful bidder a certified or bank cashier's or treas- urer's check drawn upon a bank or trust company in the City of Miami, Florida, payable unconditionally to the order of such bidder, in the amount of the check deposited by such bidder with his bid. Upon delivery of the Bonds, the proceeds of such check of the successful bidder will be applied to payment for the Bonds. CUSIP Numbers It is anticipated that CUSIP identification numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto shall constitute cause for a failure or refusal by the purchasers thereof to accept delivery of or pay for the Bonds in accordance with the terms of their bid. All expenses in relation to the printing of CUSIP numbers on said Bonds and the CUSIP Service Bureau charge for the assignment of said numbers shall be paid for by the City of Miami. Delivery of Bonds Delivery of the Bonds in definitive form will be made on or about April 30, 1985 in New York, New York, against payment therefor in immediately available Federal Reserve Funds to the order of The City of Miami, Florida. a The unqualified approving legal opinion of Brown, Wood, Ivey, Mitchell & Petty of New York, New York and Green- berg, Traurig, Askew, Hoffman, Lipoff, Rosen & Quentel, P.A., Miami, Florida will be furnished without cost to the purchasers of the Bonds. There will also be furnished the usual closing documents. 1 Concurrently with the delivery of the Bonds, the City Manager and the Director of Finance will furnish their certificate to the effect that, to the best of their knowledge, the Official Statement, as of its date and as of the date of delivery of the Bonds, did not and does not contain an untrue statement of a material fact or omit to state a material fact necessary to make the statements contained therein, in the light of the circumstances under which they were made, not misleading. The successful bidder shall have the right, at its option, to cancel its obligation to purchase the Bonds if the City shall fail to tender the Bonds for delivery within 60 days from the date herein fixed for the receipt of bids, and, in such event, the successful bidder shall be entitled to the return of its deposit mentioned above, with interest. 15. 85-353. I' the date above stated for receipt of bids, and the checi%s of unsuccessful bidders will be returned immediately. The check of the successful bidder will be cashed and the proceeds, on which no interest will be allowed, will be held as security for the performance of the bid, and, in the event such successful bidder shall fail to comply with the terms of his bid, the proceeds will be retained. The retention of such check will constitute full liqui- dated damages. If it shall be found impossible to issue and deliver the Bonds, the City will deliver to the suc- cessful bidder a certified or bank cashier's or treas- urer's check drawn upon a bank or trust company in the City of Miami, Florida, payable unconditionally to the order of such bidder, in the amount of the check deposited by such bidder with his bid. Upon delivery of the Bonds, the proceeds of such check of the successful bidder will be applied to payment for the Bonds. CUSIP Numbers It is anticipated that CUSIP identification numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto shall constitute cause for a failure or refusal by the purchasers thereof to accept delivery of or pay for the Bonds in accordance with the terms of their bid. All expenses in relation to the printing of CUSIP numbers on said Bonds and the CUSIP Service Bureau charge for the assignment of said numbers shall be paid for by the City of Miami. Delivery of Bonds Delivery of the Bonds in definitive form will be made on or about April 30, 1985 in New York, New York, Y against payment therefor in immediately available Federal Reserve Funds to the order of The City of Miami, Florida. The unqualified approving legal opinion of Brown, Wood, Ivey, Mitchell & Petty of New York, New York and Green- berg, Traurig, Askew, Hoffman, Lipoff, Rosen & Quentel, P.A., Miami, Florida will be furnished without cost to the purchasers of the Bonds. There will also be furnished the usual closing documents. Concurrently with the delivery of the Bonds, the City Manager and the Director of Finance will furnish their certificate to the effect that, to the best of their knowledge, the Official Statement, as of its date and as of the date of delivery of the Bonds, did not and does not contain an untrue statement of a material fact or omit to state a material fact necessary to make the statements contained therein, in the light of the circumstances under which they were made, not misleading. The successful bidder shall have the right, at its option, to cancel its obligation to purchase the Bonds if the City shall fail to tender the Bonds for delivery within 60 days from the date herein fixed for the receipt of bids, and, in such event, the successful bidder shall be entitled to the return of its deposit mentioned above, with interest. 15. �35-353. 0 Disclosure Obligations of the Purchaser Section 218.38(1)(b)(1), Florida Statutes, requires that the City file, within 120 days after delivery of the Bonds, an information statement with the Division of Bond Finance of the State of Florida (the "Division") contain- ing the following information: (a) the name and address of the managing underwriter, if any, associated with the Bonds; (b) the name and address of any attorney or finan- cial consultant who advised the City with respect to the Bonds; (c) any fee, bonus or gratuity paid by the managing underwriter or financial consultant, in connection with the Bond issue, to any person not regularly employed or engaged by such underwriter or consultant; and (d) any other fee paid by the City with respect to the Bonds, including any fee paid to attorneys or financial consul- tants. The successful purchaser(s) is required to provide to the City in a timely fashion such that the City may comply with the above -referenced statute, a statement signed by an authorized officer containing the information mentioned in (a) and (c) above with respect to any payment made by the managing underwriter or financial consultant. Section 218.38(1)(b)(2), Florida Statutes, requires the successful purchaser(s) to file with the Division within 90 days after the delivery of the Bonds a sworn statement containing the same information mentioned in (c) above. Additional Information The Official Bid Form and Notice of Sale and copies of the Preliminary Official Statement relating to the Bonds may be obtained upon request to the undersigned at 3360 Pan American Drive, Coconut Grove Exhibition Center, Dinner Key, Miami, Florida 33133, telephone number (305) 579-6350, or to the Financial Advisor, James J. Lowrey & Co. Incorpo- rated, 110 Wall Street, New York, New York 10005, telephone number (212) 363-2000. Carlos E. Garcia, CPA Director of Finance The City of Miami, Florida Section 9. The form referred to in the Notice of Sale set forth in Section 8 above and on which all bids are requested to be made shall be substantially as follows: JFFICIAL BID FORM Proposal For the Purchase of $33,000,000 THE CITY OF MIAMI, FLORIDA General Obligations Bonds April 11, 1985 Commission of The City of Miami City Hall 3500 Pan American Drive Dinner Key Miami, Florida 33133 Gentlemen: On behalf of an underwriting syndicate which we have formed, headed by the undersigned and consisting of the firms listed on a separate sheet attached hereto, and in accordance with the terms and conditions of the attached Notice of Sale dated April 1, 1985, which is hereby made a part of this proposal, we offer to purchase all of the $33400,000 City of Miami, Florida General Obligation Bonds (consisting of $5,000,000 Fire Fighting, Fire Pre- vention and Rescue Facilities Bonds, $5,000,000 Police Headquarters and Crime Prevention Facilities Bonds, $8,000,000 Sanitary Sewer System Bonds, $9,000,000 Storm Sewer,Improvement Bonds and $6,000,000 Street and High- way Improvement Bonds) to be dated April 1, 1985 and we will pay therefor, at the time of delivery, in immediately available Federal Reserve Funds, Thirty -Three Million Dollars ($33,000,000), plus accrued interest, if any, from April 1, 1985 to the date of delivery of the Bonds and a cash premium of $ for all of said Bonds, which $331000,000 constitutes t e total of the separate bids of par for each of the series of bonds specified above. Such premium, if any, is to be al- located to each series of Bonds as provided in the Notice of Sale. SCHEDULE OF MATURITIES AND INTEREST RATES The Bonds shall bear interest at the rates set forth in the following schedule: Maturity Date Principal Interest Maturity Date Principal April 1 Amount Rate April 1 Amount 1987 $ 375,000 $ 1999 $ 1,785,000 1988 830,000 2000 1,925,000 1989 885,000 2001 2,070,000 1990 950,000 2002 2,230,000 1991 11010,000 2003 2,405,000 1992 1,075,000 2004 2,595,000 1993 1,155,000 2005 2,810,000 1994 1,235,000 2006 615,000 1995 1,330,000 2007 670,000 1996 1,430,000 2008 735,000 1997 1,540,000 2009 805,000 1998 1,660,000 2010 880,000 17. Interest Rate 85--353. 47F4:. t . We enclose herewith a certified or bank cashier's or treasurer's check, drawn on an incorporated bank or trust company in the amount of $330,000 payable to the order of The City of Miami, Florida, which check is to be applied or returned in accordance with the Notice of Sale. The closing documents referred to in the Notice of Sale are to include certificates, dated as of the date of the delivery of the Bonds, with reference to the Official Statement, as provided therein, and stating that there is no litigation pending or, to the knowledge of the signer of such certificate, threatened affecting the validity of the Bonds. Respectfully Submitted, Bidder By Title (No addition or alteraticn, except as provided above, is to be made to this bid and it must not be detached from the attached Notice of Sale.) The following is for information only and is not part of this bid: The total amount of interest payable on the Bonds during the life of the issue under this Proposal, without deducting the premium bid., if any, is $ Effective interest rate for the Bonds calculated as described in the Notice of Sale is $. The above mentioned check has been returned and receipt thereof is duly acknowledged. Bidder By Title 18. 85-353, Section 10. The Bonds maturing on or after April 1, 1996 are subject to redemption prior to their respective maturities, at the option of the City, on or after April 1, 1995, in whole on any date, or in part on any interest payment date in the inverse order of their maturities (by lot within any maturity), at the following redemption prices, together with the interest accrued thereon to the date fixed for redemption: Redemption Period (dates inclusive) April 1, 1995 to March 31, 1996 April 1, 1996 to March 31, 1997 April 1, 1997 to March 31, 1998 April 11 1998 to March 31, 1999 April 1, 1999 to March 31, 2000 April 1, 2000 to March 31, 2001 April 1, 2001 and thereafter Redemption Price (percentage of principal amount) 103 % 102 1/2% 102 % 101 1/2% 101 % 100 1/2% 100 % Notice of redemption of any bonds shall be given by publication once in a newspaper of general circulation in The City of Miami, Florida, and in a financial journal of national circulation published in the City of New York, N.Y. Said publication of the notice of redemption shall be at least thirty (30) days but not more than sixty (60) days prior to the date fixed for such redemption. Notice of redemption shall also be mailed, first class postage pre- paid, to all registered owners of Bonds to be redeemed at their addresses as they appear on the registration books of the City, as of the date forty-five (45) days prior to such redemption date. 19. � "�05a�. The bond form for each of the series of bonds shall be as heretofore provided, subject to the inclusion of redemption provisions and such minor revisions as shall be deemed necessary or desirable by the Director of Fi- nance. Section 11. The details of the Police Headquarters and Crime Prevention Facilities Bonds, the Sanitary Sewer System Bonds and the Storm Sewer Improvement Bonds, and any other obligations to be issued pursuant to Resolution No. 85- , Ordinance No. 9787, Resolution No. 76-1060, Ordinance No. 8573, Resolution No. 80-773, Ordinance No. 9128, Resolution No. 85- and Ordinance No. 9781, on or after the date hereof, shall be substantially the same as the details of Bonds described in such resolutions and ordinances except that the provisions of Section 9 of Resolution No. 84-628, adopted on June 14, 1984, shall be applicable to such Bonds and obligations and to the ex- tent that there shall be a conflict between any provision of this Resolution and any provision of any resolution or ordinance listed above in this Section, the provisions of this Resolution shall govern in all instances. 20. 85-351. Section 12. This resolution shall be in force and effect immediately upon its adoption. PASSED AND ADOPTED this 28th day of March, 1985. Maurice A. Ferre, Mayor ATTEST: Ralph G. Ongie, City Clerk II -Al CL. Deputy City Attorney AS TeFOAM AND CORRECTNESS: u— g-O ZZ7. City Attorney a A. �o 21. STATE OF FLORIDA ) COUNTY OF DADE CITY OF MIAMI } I, RALPH G. ONGIE, Clerk of the City of Miami, Florida, and keeper of the records thereof, do hereby certify that the attached and foregoing pages numbered 1 to 21, inclusive, contain a true and correct copy of a resolution adopted by the City of Miami Commission at a meeting held on the 28th day of March, 1985. SAID RESOLUTION WAS DESIGNATED RESOLUTION NO. 85- . WITNESS MY HAND and the Official Seal of The City of Miami, Florida, this day of , 1985. RALPH G. ONGIE CITY CLERK CITY OF MIAMI, FLORIDA (OFFICIAL SEAL) CITY OF , FLORIDA MI 25 INTER-OFFICEAMEMORANDUM al TO. Randolph B. Rosencrantz DATE: March 11, 1985 ME: City Manager SUBJECT: Agenda Item FROM: Carlos E. Garcia REFERENCES: Director of Finance _.. ENCLOSURES. It is recommended that the attached resolution approving notice of sale relat- ing to the issuance of S5,000,000 Fire Fighting, Fire Prevention, and Rescue Facilities Bonds; $5,000,000 Police Head- quarters and Crime Prevention Facilities Bonds, and 38,000,000 Sanitary Sewer Improvement Bonds, $9,000,000 Storni Sewer Improvement Bonds, $6,000,000 Street and Highway Improvements Bonds, be adopted by the City Commission. The sale of $33,000,000 general obligations bonds is recommended so that the City of Miami may continue to fund its capital pro- jects as approved by the City Commission in the Capital Projects Ordinance, and redeem the bond anticipation notes sold in January, 1985. The City's financial advisor, James J. Lowrey, has recommended that the City proceed immediately with bond sale in order to take advantage of current market conditions. It is necessary for the City Commission to approve the attached resolution approving the notice of sale relating to the issuance of these bonds in order to mail such notices of sale to prospective purchasers and to publish it in newspapers of general circulation in the City of Miami, Florida, and in a financial journal of national circulation published in the City of New York, N. Y. cc: Law Department Sr. -353. 11