HomeMy WebLinkAboutR-14-0299City of Miami
Legislation
Resolution: R-14-0299
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 14-00693 Final Action Date: 7/24/2014
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED TWENTY-TWO MILLION
DOLLARS ($22,000,000.00) IN AGGREGATE PRINCIPAL AMOUNT OF A CITY OF
MIAMI, FLORIDA ("CITY") SPECIAL OBLIGATION NON -AD VALOREM REVENUE
REFUNDING BOND, SERIES 2014 ("BOND"); PROVIDING FOR THE PRIVATE
PLACEMENT AND NEGOTIATED SALE OF SAID BOND TO PNC BANK, NATIONAL
ASSOCIATION ("BANK"); SETTING CERTAIN BASIC PARAMETERS OF THE
TERMS AND CONDITIONS OF A LOAN AGREEMENT AND THE BOND, AND
AUTHORIZING THE NEGOTIATION, EXECUTION AND DELIVERY OF A LOAN
AGREEMENT, THE BOND, AND ALL OTHER NECESSARY AGREEMENTS,
DOCUMENTS, AND INSTRUMENTS IN CONNECTION THEREWITH; MAKING
CERTAIN FINDINGS AND DETERMINATIONS; AUTHORIZING ALL REQUIRED
ACTIONS BY THE CITY MANAGER, THE CITY ATTORNEY, AND ALL OTHER CITY
OFFICIALS IN CONNECTION THEREWITH; FURTHER AUTHORIZING THE CITY
MANAGER AND ALL OTHER NECESSARY CITY OFFICIALS TO UNDERTAKE THE
NECESSARY STEPS AND TO NEGOTIATE, EXECUTE, AND DELIVER ALL
NECESSARY NOTICES, DOCUMENTS, AND INSTRUMENTS IN CONNECTION
WITH THE REDEMPTION OF THE $13,255,000.00 OUTSTANDING PRINCIPAL
AMOUNT OF THE CITY'S SPECIAL OBLIGATION NON AD -VALOREM REVENUE
REFUNDING BONDS, SERIES 2002AAND $7,430,000.00 OUTSTANDING
PRINCIPAL AMOUNT OF THE CITY'S SPECIAL OBLIGATION NON AD -VALOREM
REVENUE REFUNDING BONDS, SERIES 2002C; AND PROVIDING APPLICABLE
EFFECTIVE DATES.
WHEREAS, the City of Miami ("City") has previously issued its $27,895,000.00 Special Obligation
Non -Ad Valorem Revenue Refunding Bonds, Series 2002A ("Series 2002A Bonds") and its
$28,390,000.00 Special Obligation Non -Ad Valorem Revenue Refunding Bonds, Series 2002C
("Series 2002C Bonds"); and
WHEREAS, in order to obtain interest savings in an approximate amount of $1,138,000.00, the
City desires to issue in a total aggregate principal amount not to exceed $22,000,000.00 a Special
Obligation Non -Ad Valorem Revenue Refunding Bond, Series 2014 ("Bond") to refund on a current
basis the Series 2002A Bonds in an outstanding principal amount of $13,255,000.00 (which became
subject to optional redemption as of September 1, 2012) and the Series 2002C Bonds in an
outstanding principal amount of $7,430,000.00 (which became subject to optional redemption as of
October 1, 2012); and
WHEREAS, the City has received a proposal ("Proposal", attached and incorporated) from the
PNC Bank, National Association ("Bank") to privately purchase and to hold the Bond not for resale;
and
WHEREAS, in accordance with Section 218.385(1), Florida Statutes, as amended, the City
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Manager has recommended and the City Commission desires to find, determine and declare as set
forth below in Section 3, that a privately -placed negotiated sale of the Bond to the Bank is in the best
interests of the City due to the complexities of the market and timing of the issuance of the Bond; and
WHEREAS, it is in the best interest of the City to approve the private placement and negotiated
sale of the Bond to the Bank to provide for interest savings to the City without extending the original
maturities of the payments, to authorize the basic parameters of the terms and conditions of a Loan
Agreement between the City and the Bank, the Bond, and certain agreements and documents in
connection with the issuance therewith, to delegate to the City Manager the determination of certain
other details of the Loan Agreement and the Bond, and to authorize the City Manager, the City
Attorney, and other appropriate officers of the City to do all actions necessary and in the best
interests of the City in connection with the sale, issuance and delivery of the Bond and the
redemption and current refunding of the Series 2002A Bonds and the Series 2002C Bonds; and
WHEREAS, the Bank has provided its waiver of conflict of interest ("Waiver", attached and
incorporated) to permit Foley & Lardner LLP ("Foley") to proceed as the City's Bond Counsel in
connection with the issuance and sale of the Bond by the City to the Bank, and the City Commission
was advised of Foley's previous representation of the Bank and has also consented and waived any
potential conflict of interest regarding Foley's representation of the City as Bond Counsel in this
transaction in the best interests of the City;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. Authority. This Resolution is adopted pursuant to the Constitution of the State of
Florida (the "State"); Chapters 163 and 166, Florida Statutes as amended; Part VII of Chapter 159,
Florida Statutes, as amended; the City Charter of the City of Miami, Florida; applicable City
resolutions and other applicable provisions of law (collectively, the "Act").
Section 2. Definitions. All capitalized undefined terms shall have the meaning as set forth in this
Resolution, the Proposal, and as defined in the Loan Agreement. In addition to the words and terms
defined in the recitals to this Resolution, as used herein, the following terms shall have the following
meanings herein, unless the context otherwise requires:
"Bank" or "Purchaser" means PNC Bank, National Association, as purchaser and holder of the
Bond.
"Bond" means the not to exceed Twenty -Two Million Dollars ($22,000,000.00) City of Miami,
Florida Special Obligation Non -Ad Valorem Revenue Refunding Bond, Series 2014 authorized
pursuant to this Resolution.
"Bond Registrar" means the Finance Director of the City.
"Covenant Revenues" means all of the legally available non -ad valorem revenues budgeted and
appropriated to pay the principal of, prepayment penalty, if any, and interest on the Bond pursuant to
Section 10 of this Resolution entitled "Covenants of the City".
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"Default Rate" means a rate equal to the lesser of the Prime Rate plus three percent (3.00%) per
annum or the maximum rate permitted by law, whichever is less.
"Interest Rate" means a fixed interest rate based upon the Bank's Cost of Financing as of three
(3) days prior to the funding date, as set forth in the Proposal and the Loan Agreement.
"Loan Agreement" means the loan agreement to be entered into between the City and the Bank,
in accordance with the terms of this Resolution and the Proposal.
"Maturity Date" means July 1, 2026.
"Payments" means all amounts payable by the City of principal, interest and prepayment penalty,
if any, on the Bond, and all other amounts payable by the City pursuant to the Loan Agreement.
"Pledged Revenues" means 1) Covenant Revenues deposited into the Bond Fund established
by this Resolution and the Loan Agreement, and 2) income received from the investment of moneys
deposited into the funds and accounts established by this Resolution and the Loan Agreement.
"Resolution(s)" means this Resolution No. R-14-0299, adopted by the City Commission of the City
of Miami, Florida on July 24, 2014, as amended and supplemented from time to time.
"Paying Agent" means the Finance Director of the City.
"Pledged Funds" means collectively the amounts on deposit in the Bond Fund and any other
funds and accounts created pursuant to the Loan Agreement and herein pledged to secure the Bond
(with the exception of any Rebate Fund), including the Pledged Revenues.
Section 3. Recitals and Findings. The recitals and findings contained in the Preamble of this
Resolution are adopted by reference and incorporated as if fully set forth in this Section. Additionally,
it is hereby ascertained, determined and declared that:
A. Findings Regarding Negotiated Sale: In accordance with Section 218.385, Florida
Statutes, the City hereby finds, determines and declares, based upon the advice of its Financial
Advisor for the Bond, that a negotiated sale of the Bond is in the best interests of the City for the
following reasons:
(i) The structure and timing of the issuance of the Bond require extensive
planning, and it is not practical for the City, the Financial Advisor, and the Bank
to engage in such planning within the time constraints and uncertainties
inherent within a competitive bidding process;
(ii) The Pledged Revenues consist of multiple revenue sources which require
extensive planning and explanation to the market; and
(iii) The vagaries of the current and near future municipal bond market demand that
the City have the maximum time and flexibility in order to obtain the most
favorable interest rates available.
B. It is in the best interests of the City, its citizens and taxpayers to issue the Bond in
order to save approximately $1,138,000.00 in interest payments on the Series 2002A Bonds and
Series 2002C Bonds without extending the time for such payments.
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C. The Bond shall be payable from the Pledged Funds.
D. There are expected to be sufficient Pledged Funds to pay the interest and principal on
the Bond as the same become due and payable.
E. The Pledged Funds are not now pledged or encumbered in any matter.
F. Neither the City nor the State of Florida nor any other political subdivision thereof or
governmental authority or body therein, shall ever be required to levy ad valorem taxes to pay the
Bond, and the Bond shall not constitute a lien upon any properties owned by or situated within the
City, except as provided herein with respect to the Pledged Funds, in the manner and to the extent
provided herein.
G. In accordance with Section 218.385(1), Florida Statutes, as amended, the City hereby
finds, determines and declares that a negotiated sale of the Bond is in the best interests of the City
due to the complexities of the market and timing of the issuance of the Bond, and the timing of the
refunding of the Series 2002A Bonds and Series 2002C Bonds. Prior to the issuance of the Bond, the
City shall receive from the Purchaser a Purchaser's Certificate, the form of which is attached as an
exhibit to the Loan Agreement and the Disclosure Letter containing the information required by
Section 218.385, Florida Statutes, a form of which is attached as an exhibit to the Loan Agreement.
H. Waiver of Conflict of Interest regarding Representation by Bond Counsel: Additionally,
in accordance with the rules of The Florida Bar, the Bank has provided its waiver of conflict of interest
("Waiver", attached and incorporated) to permit Foley & Lardner LLP ("Foley") to proceed as the City's
Bond Counsel in connection with the issuance and sale of the Bond by the City to the Bank, and the
City Commission has also consented and waived any potential conflict of interest regarding Foley's
representation of the City as Bond Counsel as in the best interests of the City.
Section 4. This Resolution to Constitute Contract. In consideration of the acceptance of
the Bond authorized to be issued hereunder by those who shall hold the same from time to time, this
Resolution and the Loan Agreement shall be deemed to be and shall constitute a contract between
the City and the Purchaser. The covenants and agreements herein set forth to be performed by the
City shall be for the equal benefit, protection and security of the Purchaser and the Bond, except as
expressly provided herein and in the Loan Agreement.
Section 5. Authorization of the Loan Agreement, the Bond, and All Other Necessary
Documents, Agreements, and Instruments. Subject and pursuant to the provisions hereof and in
anticipation of the sale and delivery of the Bond, (i) the City Manager, in consultation with the City
Attorney, Bond Counsel, and the Financial Advisor, is authorized to negotiate, to execute and to
deliver a Loan Agreement with the Bank, (ii) an obligation of the City to be known as "Special
Obligation Non -Ad Valorem Revenue Refunding Bond, Series 2014" is authorized to be issued,
executed, and delivered in the aggregate principal amount of not to exceed Twenty -Two Million
Dollars and No Cents ($22,000,000.00), and (iii) the City Manager, in consultation with the City
Attorney, Bond Counsel, and the Financial Advisor, is authorized to negotiate, to execute, and to
deliver all other necessary documents, agreements, and instruments. The City Manager, after
consultation with the City Attorney, Bond Counsel, and the Financial Advisor, is further authorized to
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negotiate, execute, and deliver any changes, modifications, supplements, or amendments to the
Loan Agreement, the Bond, and any and all other agreements, documents, and instruments as
should be deemed necessary or desirable and to take such other actions as shall be necessary to
implement the terms and conditions of the Loan Agreement and the Bond. The provisions of such
documents, as so negotiated, executed, and delivered, are hereby incorporated into and made a part
of this Resolution.
Section 6. Description of the Bond. The Bond shall be issued as one fully registered Bond
in the principal amount not to exceed Twenty -Two Million Dollars and No Cents ($22,000,000.00),
shall be dated as of the date of its delivery to the Purchaser thereof and shall mature on the Maturity
Date. The Bond shall be payable to the Purchaser, and shall bear interest at the Interest Rate,
calculated on the basis of a 30/360 day year. Interest will be paid semi-annually each January 1 and
July 1 with the first interest payment due on January 1, 2015. Principal will be paid annually on July 1
each year, with the first principal payment payable on July 1, 2015. The Maturity Date shall be July 1,
2026; provided, however, that the total interest and principal may be prepaid anytime, upon no less
than five (5) business days' written advance notice of prepayment by the City to the Bank, within the
guidelines of the Bank's Standard Make Whole provisions attached as an exhibit to the Loan
Agreement. Upon the occurrence of an event of default, any due but unpaid principal and interest on
the Bond shall bear interest at the Default Rate from the date due until paid and collected. Anything
herein or in the Bond to the contrary notwithstanding, in no event shall the interest rate borne by the
Bond exceed the maximum interest rate permitted to be paid by the City under applicable law.
On the date of the issuance of the Bond, the City shall receive an amount equal to the par
amount of the Bond from the Bank as the purchase price of the Bond. The Bond shall be payable in
any coin or currency of the United States of America which on the respective dates of payment of
principal and interest thereof is legal tender for the payment of public and private debts. The principal
and interest on the Bond shall be payable upon presentation and surrender at the principal office of
the Paying Agent to the registered owners of the Bond.
The Bond may be exchanged at the office of the Bond Registrar for a like aggregate principal
amount of Bond of the same series and maturity. Notwithstanding the foregoing or any provision of
this Resolution to the contrary, the Bond shall not be transferred unless the new purchaser has
executed a "sophisticated investor letter" in substantially the same form and substance as the
"sophisticated investor letter" executed by the original Purchaser of the Bond.
Section 7. Execution of Bond. The Bond shall be executed in the name of the City by the
Mayor and the City Manager and the seal of the City shall be imprinted, reproduced or lithographed
on the Bond and attested to and countersigned by the City Clerk. In addition, the City Attorney shall
sign the Bond, showing approval of the form and correctness thereof, and the City's Interim Director
of Risk Management shall sign the Bond, showing approval as to the City's insurance requirements.
The signatures of the Mayor and the City Manager, the City Clerk, and the City Attorney on the Bond
may be by facsimile. If any officer whose signature appears on the Bond ceases to hold office before
the delivery of the Bond, his or her signature shall nevertheless be valid and sufficient for all
purposes. In addition, any Bond may bear the signature of, or may be signed by, such persons as at
the actual time of execution of such Bond shall be the proper officers to sign such Bond, although at
the date of such Bond or the date of delivery thereof such persons may not have been such officers.
Any Bond delivered shall be authenticated by the manual signature of the Finance Director, and the
registered owner of any Bond so authenticated shall be entitled to the benefits of this Resolution.
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Section 8. Bond Mutilated, Destroyed, Stolen or Lost. If the Bond is mutilated, destroyed,
stolen or lost, the City or its agent may, in its discretion (i) deliver a duplicate replacement Bond, or (ii)
pay a Bond that has matured or is about to mature or has been called for redemption. A mutilated
Bond shall be surrendered to and cancelled by the Bond Registrar. The holder of the Bond must
furnish the City or its agent proof of ownership of any destroyed, stolen or lost Bond; post satisfactory
indemnity; comply with any reasonable conditions the City or its agent may prescribe; and pay the
reasonable expenses of the City or its agent.
Any such duplicate Bond shall constitute an original contractual obligation on the part of the
City whether or not the destroyed, stolen or lost Bond be at any time found by anyone, and such
duplicate Bond shall be entitled to equal and proportionate benefits and rights as to lien on, and
source of payment of and security for payment from, the funds pledged to the payment of the Bond
so mutilated, destroyed, stolen or lost.
Section 9. Form of Bond. The Bond shall be in substantially the form attached as Exhibit A to
the Loan Agreement, with only such omissions, insertions and variations as may be necessary and
desirable and permitted by this Resolution or by any subsequent ordinance or resolution adopted
prior to the issuance thereof.
Section 10. Covenants of the City. To the extent permitted by and in accordance with
applicable law and budgetary processes, the City covenants that it will, in each year any Payments
are due, budget and appropriate sufficient Non -Ad Valorem Revenues to make payments of such
Payments as they become due.
Such covenant and agreement on the part of the City to budget and appropriate such
amounts of Non -Ad Valorem Revenues shall be cumulative to the extent not paid, and shall continue
until such Non -Ad Valorem Revenues or other legally available funds in amounts sufficient to make all
such required payments shall have been budgeted, appropriated and actually paid. Notwithstanding
the foregoing covenant of the City, the City does not covenant to maintain any services or programs,
now provided or maintained by the City, which generate Non -Ad Valorem Revenues.
Such covenant to budget and appropriate does not create any lien upon or pledge of such
Non -Ad Valorem Revenues, nor, except as provided below, does it preclude the City from pledging in
the future its Non -Ad Valorem Revenues, nor does it require the City to levy and collect any particular
Non -Ad Valorem Revenues, nor does it give the Bank a prior claim on the Non -Ad Valorem Revenues
as opposed to claims of general creditors of the City. Such covenant to budget and appropriate
Non -Ad Valorem Revenues is subject in all respects to the payment of obligations secured by a
pledge of such Non -Ad Valorem Revenues heretofore or hereinafter entered into (including the
payment of debt service on other bonds and other debt instruments of the City). However, the
covenant to budget and appropriate in its general annual budget for the purposes and in the manner
stated herein shall have the effect of making available for the payment of the Payments, in the
manner described herein, Non -Ad Valorem Revenues and to the extent permitted by applicable law
placing on the City a positive duty to budget and appropriate, by amendment if necessary, amounts
sufficient to meet its obligations hereunder; subject, however, to the payment of services and
programs which are for essential public purposes affecting the health, welfare and safety of the
inhabitants of the City or which are legally mandated by applicable law. The City represents that the
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current refunding of the Series 2002 A Bonds and the Series 2002C Bonds serves essential public
purposes.
Section 11. Tax Covenants. No use will be made of the proceeds of the Bond which, if
such use were reasonably expected on the date of issuance of the Bond, would cause the same to
be "arbitrage bonds" within the meaning of the Internal Revenue Code of 1986, as amended (the
"Code"). The City at all times while the Bond and the interest thereon are outstanding will comply with
the requirements of the Code, including any amendments thereto and any valid and applicable rules
and regulations promulgated thereunder necessary to maintain the exclusion of the interest on the
Bond from federal gross income including the creation of any rebate funds or other funds and/or
accounts required in that regard.
Section 12. Security; Bond Not General Indebtedness. The Bond shall not be deemed to
constitute general obligations or a pledge of the faith and credit of the City, the State or any other
political subdivision thereof within the meaning of any constitutional, legislative or charter provision or
limitation, but shall be payable solely from and secured by a lien upon and a pledge of the Pledged
Funds, in the manner and to the extent herein provided. No holder of the Bond shall ever have the
right, directly or indirectly, to require or compel the exercise of the ad valorem taxing power of the
City, the State or any other political subdivision of the State or taxation in any form on any real or
personal property to pay the Bond or the interest thereon, nor shall any holder of the Bond be entitled
to payment of such principal of and interest from any other funds of the City other than the proceeds
of the Pledged Funds, all in the manner and to the extent herein provided. The Bond and the
indebtedness evidenced thereby shall not constitute a lien upon any real or personal property of the
City, but shall constitute a lien only on the proceeds of the Pledged Funds, all in the manner and to
the extent provided herein.
Until payment has been provided as herein permitted, the payment of the principal of and
interest on the Bond shall be secured forthwith equally and ratably by a prior lien on the proceeds
derived from the Pledged Funds, and the City does hereby irrevocably pledge the same to payment
of the principal thereof and interest thereon when due.
Section 13. Sale of Bond to Refund and to Redeem the outstanding Series 2002A
Bonds and Series 2002C Bonds. The Bond is hereby sold and awarded to the Purchaser, at the
purchase price of not to exceed Twenty -Two Million Dollars ($22,000,000.00) and the Mayor, the City
Manager, the City Clerk, Interim Director of Risk Management, and the City Attorney are hereby
authorized to execute and deliver the Bond in the form set forth herein and in the Loan Agreement,
receive the purchase price therefor and apply the proceeds thereof to pay for the City to redeem and
to refund on a current basis the Series 2002A Bonds and the Series 2002C Bonds, as herein
provided, without further authority from this body. The City Manager and the City Clerk are
authorized to make any and all changes on the form of the Bond which shall be necessary to conform
the same to the commitment of the Purchaser. Execution of the Bond by the Mayor, the City
Manager, the City Clerk, Interim Risk Management Director, and the City Attorney shall be conclusive
evidence of their approval of the form of the Bond.
Section 14. Amendments and Supplements to this Resolution. This Resolution shall be
further amended and supplemented as necessary in order to accomplish the issuance of the Bond or
as necessary in connection with the purposes for which the Bond are being issued or as necessary in
connection with the redemption and current refunding of the Series 2002A Bonds and Series 2002C
Bonds.
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Section 15. Severability. If any one or more of the covenants, agreements or provisions of
this Resolution should be held contrary to any express provision of law or contrary to any express
provision of law or contrary to the policy of express law, though not expressly prohibited, or against
public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or
provisions shall be null and void and shall be deemed severed from the remaining covenants,
agreements or provisions of this Resolution or of the Bond issued hereunder or regarding the
redemption and current refunding of the Series 2002A Bonds and the Series 2002C Bonds.
Section 16. Controlling Law; Members, Officials, Agents, Representatives and
Employees of City Not Liable. All covenants, stipulations, obligations and agreements of the City
contained in this Resolution shall be deemed to be covenants, stipulations, obligations and
agreements of the City to the full extent authorized by the Act and provided by the Constitution and
laws of the State. No covenant, stipulation, obligation or agreement contained herein shall be
deemed to be a covenant, stipulation, obligation or agreement of any present or future member,
official, agent, representative or employee of the City in his or her individual capacity, and neither the
members of the City Commission, the Mayor, the City Clerk, City Attorney, City Manager, Interim Risk
Management Director, Finance Director, nor any other official executing the Bond shall be liable
personally on the Bond or this Resolution or shall be subject to any personal liability or accountability
by reason of the issuance or the execution by the City, or such respective members, officials, agents,
representatives or employees thereof, or by reason of the redemption and current refunding of the
Series 2002A Bonds and the Series 2002C Bonds.
Section 17. Further Authorizations regarding the issuance of the Bonds and the
redemption and current refunding of the Series 2002A Bonds and Series 2002C Bonds. The
Mayor and the City Manager or either of them and the City Clerk, the Finance Director, the City
Attorney, Bond Counsel, the City's Financial Advisor, and such other officers, employees, agents, and
representatives of the City as may be designated by the Mayor, the City Commission, the City
Attorney, and the City Manager, including any Trustee(s), Escrow Agent(s), or Paying Agent(s), or any
of them, are each designated as respective applicable agents of the City, as necessary, in connection
with the sale, issuance and delivery of the Bond, the notices, redemption, and current refunding of
the Series 2002A Bonds and the Series 2002C Bonds, and are authorized and empowered,
collectively or individually, to take all action and steps and to execute the Bond, all notices,
instruments, agreements, certificates, documents and contracts on behalf of the City, and as and if
necessary, including the execution of documentation required in connection with the negotiated sale
of the Bond to the Purchaser, and the redemption and current refunding of the Series 2002A Bonds
and the Series 2002C Bonds, that are necessary or desirable in connection with the sale, execution
and delivery of the Bond, the noticing, redemption, and current refunding of the Series 2002A Bonds
and the Series 2002C Bonds, and which are specifically authorized or are not inconsistent with the
terms and provisions of this Resolution or any action relating to the Bond, the Series 2002A Bonds, or
the Series 2002C Bonds, heretofore taken by the City and/or by the City's Financial Advisor, Bond
Counsel, City Manager, Finance Director, and City Attorney, or other necessary City officials,
employees, representatives, and agents, including any Trustee(s), Escrow Agent(s) or Paying
Agent(s) for the Series 2002A Bonds and Series 2002C Bonds. Such officials, employees, agents
and representatives and those so designated are hereby charged with the responsibility for the
issuance of the Bond and the redemption and current refunding of the Series 2002A Bonds and the
Series 2002C Bonds, on behalf of the City and with any related and required responsibilities of the
City, its agents, representatives, employees, or officials, including its Financial Advisor and Bond
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Counsel and any Trustee(s), Escrow Agent(s), or Paying Agent(s) for the Series 2002A Bonds and the
Series 2002C Bonds. Any and all costs incurred in connection with the issuance of the Bond and the
redemption and current refunding of the Series 2002A Bonds and the Series 2002C Bonds are
hereby authorized to be paid from the proceeds of the Bond and from any other City funds that have
previously been designated by the City for payments of interest, principal, premium, if any,
redemption costs, and any other administrative costs related to the redemption and current refunding
of the Series 2002A Bonds and the Series 2002C Bonds.
Section 18. Repeal of Inconsistent Resolutions. All resolutions or parts thereof in conflict
herewith are to the extent of such conflict superseded and repealed.
Section 19. Payment of Outstanding Series 2002A Bonds and Series 2002C Bonds. The
City Manager and all other necessary City officials, employees, agents and representatives are
hereby authorized to pay to the Trustee(s), Escrow Agent(s), and Paying Agent(s) for the Series
2002A Bonds and the Series 2002C Bonds upon the closing of the sale of the Bond to the Bank, any
and all outstanding amounts for principal and interest, and premium, if any, due and payable to the
Trustee(s), Escrow Agent(s), and Paying Agent(s) under the existing requirements, with the
understanding that all outstanding Resolutions, Trust Indentures, Escrow Agreements, and other
agreements related to the outstanding Series 2002A Bonds and the Series 2002 C Bonds will cease
to exist and the City's obligations thereunder shall terminate upon the sale and the closing of the
Bond and the related redemption and current refunding of II outstanding Series 2002A Bonds and
Series 2002 C Bonds.
Section 20. Effective Date. This Resolution shall be effective immediately upon its adoption
and signature by the Mayor.{1}
Footnotes:
{1} If the Mayor does not sign this Resoution, i hall 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.
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