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HomeMy WebLinkAboutLegislationCity of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 08-01457 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S), AUTHORIZING THE NEGOTIATION OF A LOAN IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED TWENTY MILLION DOLLARS ($20,000,000) (THE "LOAN") FROM THE SUNSHINE STATE GOVERNMENTAL FINANCING COMMISSION FOR THE PURPOSES OF FINANCING, REFINANCING, OR RECEIVING REIMBURSEMENT FOR THE COSTS OF THE ACQUISITION, CONSTRUCTION, EQUIPPING, CREATION, BUILDING, DEVELOPMENT, INSTALLATION, IMPROVEMENT, AND IMPLEMENTATION OF CERTAIN ENTERPRISE RESOURCE PLANNING SYSTEMS ("ERP"), LAND MANAGEMENT SYSTEMS, AND OTHER ASSOCIATED TECHNOLOGY INFRASTRUCTURE IMPROVEMENTS PROJECTS (COLLECTIVELY, THE "TECHNOLOGY IMPROVEMENTS PROJECTS") AND FOR PAYING FOR COSTS OF ISSUANCE RELATED TO THE LOAN AND APPROVING THE FINANCING OF THE TECHNOLOGY IMPROVEMENTS PROJECTS FROM THE PROCEEDS OF THE LOAN, INCLUDING REIMBURSEMENT OF EXPENDITURES PREVIOUSLY MADE FOR SUCH PURPOSES; APPROVING, AUTHORIZING, AND DIRECTING THE CITY MANAGER TO EXECUTE AND DELIVER A LOAN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM AS EXHIBIT A HERETO, WITH SUCH CHANGES, INSERTIONS, AND OMISSIONS, AS MAY BE APPROVED BY THE CITY MANAGER AFTER CONSULTATION WITH THE CITY ATTORNEY; AND AUTHORIZING THE CITY MANAGER AND ALL OTHER NECESSARY AND APPROPRIATE CITY OFFICIALS TO EXECUTE AND DELIVER, AFTER CONSULTATION WITH THE CITY ATTORNEY, ALL OTHER DOCUMENTS, INSTRUMENTS, AND CERTIFICATES IN CONNECTION WITH THE LOAN FOR THE TECHNOLOGY IMPROVEMENTS PROJECTS; PROVIDING CERTAIN OTHER MATTERS IN CONNECTION WITH THE MAKING OF THE LOAN; APPROVING, CONFIRMING, AND RATIFYING ALL OTHER ACTIONS TAKEN BY CITY OFFICIALS TO DATE IN CONNECTION WITH OBTAINING THE LOAN; AND PROVIDING AN EFFECTIVE DATE. 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 Three Hundred Million Dollars ($300,000,000) Sunshine State Governmental Financing Commission Revenue Bonds, Series 1986, and is seeking to make loans to Members; and WHEREAS, it is hereby determined that a need exists for the Borrower to borrow and the City of Miami Page 1 of 4 Printed On: 12/1/2008 File Number: 08-01457 Commission to loan funds to the Borrower in the aggregate principal amount not to exceed Twenty Million Dollars ($20,000,000) (the "Loan") to finance, refinance, or receive reimbursements for the cost of the acquisition, construction, equipping, creation, building, development, installation, improvement, and/or implementation of the qualifying projects set forth on Composite Exhibit A, A-1, and A-2 attached to the hereinafter described Loan Agreement (collectively, the "Technology Improvements Projects"); and WHEREAS, the Technology Improvements Projects consist of various capital and other related improvements to the City's Enterprise Resource Planning systems, Land Management systems, and other associated technology infrastructure; and WHEREAS, the Loan shall be secured by a covenant to budget and appropriate non -ad valorem revenues of the Borrower; and WHEREAS, it is determined to be in the best interest of the Borrower to borrow funds in an aggregate principal amount not to exceed Twenty Million Dollars ($20,000,000) from the Commission to finance, refinance, or receive reimbursement for the costs of the acquisition, construction, equipping, creation, building, development, installation, improvement, and/or implementation of the Technology Improvements Projects and to pay for the costs of issuance related to the Loan. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA THAT: SECTION 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. SECTION 2. The Miami City Commission (the "City Commission") authorizes the negotiation of and borrowing of and approves the Loan in the aggregate principal amount not to exceed Twenty Million Dollars ($20,000,000) from the Commission for the purposes of financing, refinancing, or receiving reimbursement for the costs of acquisition, construction, equipping, creation, building, development, installation, improvement, and/or implementation of the Technology Improvements Projects and paying the costs of issuance related to the Loan, and the Technology Improvements Projects are approved for financing from the proceeds of the Loan, including reimbursement of expenditures previously made for such purposes. SECTION 3. The City Manager is hereby {1} authorized and directed to execute and deliver a Loan Agreement, in substantially the form as Exhibit A attached hereto, to be entered into by and between the Borrower and the Commission with such changes, insertions, and omissions as may be approved by the City Manager, after consultation with the City Attorney, the execution thereof being conclusive evidence of such approval. SECTION 4. The aggregate principal amount of the Loan of the Borrower evidenced by the Loan Agreement shall not exceed Twenty Million Dollars ($20,000,000). Such Loan shall be made at a discount which shall include a portion of costs of issuance and shall bear interest and shall be repayable according to the terms and conditions set forth in the Loan Agreement authorized pursuant to Section 3 hereof with such changes, insertions, and omissions as may be approved by the City Manager, after consultation with the City Attorney. SECTION 5. No such Loan Agreement shall be executed until the Borrower shall have City of Miami Page 2 of 4 Printed On: 12/1/2008 File Number: 08-01457 received all disclosure information, if any, required by Chapter 218, Florida Statutes. SECTION 6. In accordance with the provisions of Section 218.385, Florida Statutes, the Borrower hereby determines that a negotiated sale is in the best interest of the Borrower and hereby approves the negotiation of the Loan with the Commission. Negotiation of the Loan will allow the Borrower to access markets not otherwise accessible to the Borrower at total costs and rates favorable to the Borrower. SECTION 7. The City Manager and other necessary and appropriate City officials of the Borrower are hereby authorized and directed to execute and deliver, after consultation with the City Attorney, any and all certifications or other instruments or documents and to take all other actions required by this Resolution, the Loan Agreement, or any other document required by the Commission as a prerequisite or precondition to making the Loan, and any such representation made therein shall be deemed to made on behalf of the Borrower. All actions taken to date by the officers of the Borrower in furtherance of the making of the Loan are hereby approved, confirmed and ratified. SECTION 8. REPEALING CLAUSE. All resolutions or parts thereof of the Borrower in conflict with the provisions herein contained are, to the extent of such conflict, hereby superseded and repealed. SECTION 9. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption and signature of the Mayor {2}. THE CITY OF MIAMI, FLORIDA By: Manuel Diaz, Mayor ATTEST: By: Priscilla A. Thompson, City Clerk APPROVED AS TO FORM AND CORRECTNESS - By: Julie O. Bru, City rney City of Miami Page 3 of 4 Printed On: 12/1/2008 File Number: 08-01457 Footnotes: {1 } 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. {2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten 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 4 of 4 Printed On: 12/1/2008