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CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
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TO: Honorable Mayor and Members DATE: September 24, 2014
of the City Com ission
FROM: Daniel J. Alfo"'o
City Manager
SUBJECT: Parks Remediation Funding
Discussion — September 29, 2014
It was clear from the discussion at the September 11, 2014 meeting that the pending
environmental remediation projects are a Citywide issue and not "District" problems. It was
also clear that we all want to re -open these parks as expeditiously as possible.
To that end, I am recommending that the City begin the process of issuing a Non -Ad Valorem
Special Obligation Bond (SOB) in the amount $10.1 million only to fund environmental
remediatlon projects. Preliminarily, staff would expect the bond to have a repayment schedule
of 20 years, pledge funds from the Local Government Half -cent Sales Tax Program with a
covenant to budget and appropriate to repay the debt service from the General Fund, and have
an annual payment between $700,000 and $900,000. Florida Statute Section 218.64(4) states
that a "municipality may pledge the proceeds for the payment of principal and interest on any
capital project" as part of the Local Government Half -cent Safes Tax Program. Further, as
applicable funds become available in the future associated with the Virginia Key Remediation
Project or the sale of Brownsfields Credits, those funds will be used to defease or otherwise
retire the financing early.
The attached resolution constitutes a Declaration of Intent to Finance these projects for a
reimbursable amount not to exceed $10.1 million.
Projects to be included in this bond issuance and associated costs are currently estimated to be:
• City of Miami Fire Rescue Training Center (3425 Jefferson Street) ($446,400).
• Grapeland Park (1550 NW 37 Ave) ($51,300)
• Melreese (1802 NW 37 Ave) ($200,000)
• City of Miami Property at Watson Island (980 MacArthur Causeway) ($105,700)
►�- oo 23�, Ex(30-
Honorable Mayor and
Members of the City Commission
Page 2 of 3
• Curtis Park (1901 NW 24th Ave) ($3,820,700)
• Billy Rolle (3400 Grand Avenue) ($233,500)
• Southside Park (100 SW 11 Street) ($1,001,900)
• Douglas Park (2795 SW 37 Ave) ($3,296,700)
• St. Gaudens Road (3500 St. Gaudens Rd) ($213,000)
• Former Shamrock Gas Station (6200 NW 17 Ave) ($79,100)
• Former Coleman Gas Station (5329 NW 17 Ave) ($635,000)
Additionally, there are several projects that are likely not eligible for bonding purposes. These
projects are recommended to be funded on a pay-as-you-go basis and are included in item
RE.14 on the September 29, 2014 Commission Agenda. These projects are expected to be:
• Fern Isle Park ($10,000)
• Jose Marti Park ($6,000)
• Right of Way ($68,400)
• Composting Facility ($10,000)
• Former Star Gas Station ($56,500)
Further discussions included adding additional park impact fees to the Community Center and
remediation projects at Douglas Park. Currently, the two projects have the following funded
and unfunded amounts associated with -them:
• Douglas Park Community Center
o $2.5 million total cost
o $1.65 million funded
o $850,000 un-funded
• Douglas Park Turf
o $3.5 million total cost
o $1.5 million funded
o $2 million un-funded
As such, we are recommending that the turf project be discontinued and that $850,000 from
that project be moved to the Community Center to fully fund that project. Additionally,
Honorable Mayor and
Members of the City Commission
Page 3 of 3
$200,000 is recommended to be moved to the GreenLink/Underline Project to help fund the
City's portion of this 10-mile park. The remaining $450,000 is recommended to be added to the
Citywide Parks land acquisition projected to allow for the purchase of land for future park uses.
The attached resolution addresses these goals.
Likewise, parks impact fees will be released from other projects that had impact fees budgeted
to assist remediation (such as turf projects).
I must stress that I recommend that this financing be done only to fund environmental
remediation projects. We are all aware of the extensive capital needs throughout the City; and,
we could each compile a list totaling many millions of dollars. I will recommend other ways of
funding such needs in future meetings, but strongly recommend that this financing be very
limited in scope.
OMB14003
Revised Draft: Intent to Reimburse Resolution with related Multi -Year Capital Plan
Amendment — without highlights
..Title
A RESOLUTION OF THE MIAMI CITY COMMISSION DECLARING THE OFFICIAL
INTENT OF THE CITY OF MIAMI, FLORIDA ("CITY") TO ISSUE TAX-EXEMPT AND
TAXABLE SPECIAL OBLIGATION BONDS IN THE EXPECTED TOTAL MAXIMUM
PRINCIPAL AMOUNT OF TEN MILLION, ONE HUNDRED THOUSAND DOLLARS
($10,100,000.00) IN ORDER TO, AMONG OTHER THINGS, REIMBURSE ITSELF
FROM THE PROCEEDS OF SUCH SPECIAL OBLIGATION BONDS FOR FUNDS
ADVANCED BY THE CITY FOR CERTAIN EXPENSES INCURRED WITH RESPECT
TO CITYWIDE ENVIRONMENTAL REMEDIATION AND CERTAIN RELATED CAPITAL
IMPROVEMENTS PROJECTS; ESTABLISHING CERTAIN RELATED DEFINITIONS
OF TERMS; AND AUTHORIZING CERTAIN FURTHER AND INCIDENTAL ACTIONS
BY THE CITY MANAGER, IN CONSULTATION WITH THE CITY ATTORNEY AND
BOND COUNSEL, AND SUCH OTHER APPROPRIATE OFFICERS, EMPLOYEES,
AND AGENTS OF THE CITY, AS THE CITY MANAGER DEEMS NECESSARY, ALL
AS REQUIRED FOR PURPOSES OF SECTIONS 103 AND 141-150 OF THE
INTERNAL REVENUE CODE OF 1986, AS AMENDED; FURTHER AUTHORIZING
RELATED AMENDMENTS TO THE CITY'S MULTI -YEAR CAPITAL PLAN
PREVIOUSLY ADOPTED SEPTEMBER 9, 2014.
..Body
WHEREAS, United States Treasury Regulations §1.150-2 (the "Reimbursement
Regulations") prescribe conditions under which proceeds of tax-exempt bonds, notes or
other obligations ("Bonds") used to reimburse advances made for capital and certain
other expenditures ("Original Expenditures") paid before the issuance of such Bonds will
be deemed to be expended (or properly allocated to expenditures) for purposes of
Sections 103 and 141-150 of the Internal Revenue Code of 1986, as amended, and the
regulations promulgated thereunder (collectively, the "IRS Code"), upon such
reimbursement so that the proceeds so used will no longer be subject to requirements or
restrictions under those sections of the IRS Code; and
WHEREAS, certain provisions of the Reimbursement Regulations require that
there be a declaration of official intent not later than sixty (60) days following payment of
the Original Expenditures expected to be reimbursed from proceeds of Bonds, and that
the reimbursement occur within certain prescribed time periods after the Original
Expenditures are paid or after the property resulting from that Original Expenditure is
placed in service; and
WHEREAS, the City Commission ("Commission") of the City of Miami, Florida
("City") expects to provide for the issuance by the City of its tax-exempt and taxable
special obligation bonds in a total principal amount not to exceed Ten Million, One
Hundred Thousand Dollars ($10,100,000.00) (collectively, "Special Obligation Bonds")
for the purposes of financing the costs of Citywide environmental remediation and
certain related capital improvements projects (collectively, the "Citywide Environmental
Remediation and Capital Improvements Projects"); and
WHEREAS, in connection with the Citywide Environmental Remediation and
Capital Improvements Projects, the City expects to make Original Expenditures that will
be reimbursed from proceeds of the Special Obligation Bonds; and
WHEREAS, in connection with the Citywide Environmental Remediation and
Capital Improvements Projects, the City desires to expeditiously remediate multiple
properties for which the City has already determined funding considerations in its Fiscal
Year 2014-2015 Multi -Year Capital Plan adopted September 9, 2014 pursuant to City
Commission Resolution No. 14-0322 ("Multi -Year Capital Plan"), by amending the Multi -
Year Capital Plan, as set forth below, to reallocate, re -appropriate and modify certain
Park Impact Fees funding;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY MIAMI, FLORIDA:
Section 1. Recitals and Findings. 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. Definitions. The following definitions apply to the terms used
herein: "Reimbursement" or "Reimburse" means the restoration to the City of money
temporarily advanced from its own funds and spent for Original Expenditures before the
issuance of the Special Obligation Bonds, evidenced in writing by an allocation on the
books and records of the City that shows the use of the proceeds of the Special
Obligation Bonds to restore the money advanced for the Original Expenditures.
"Reimbursement" or "Reimburse" generally does not include the refunding or retiring of
Bonds previously issued and sold to, or borrowings from, unrelated entities.
Section 3. Declaration of Official Intent. The Commission hereby declares
the City's official intent to issue the tax-exempt and taxable Special Obligation Bonds in
the total expected maximum principal amount of Ten Million, One Hundred Thousand
Dollars ($10,100,000.00) and, to the extent permissible under the IRS Code regarding
the tax-exempt Special Obligation Bonds, use a portion of the tax-exempt Special
Obligation Bonds to reimburse the City for funds advanced by it for Original
Expenditures incurred and to be incurred with respect to the Citywide Environmental
Remediation and Capital Improvements Projects. This Resolution is intended as a
declaration of official intent under United States Treasury Regulation § 1.150-2.
Section 4. Incidental Actions. The City Manager, in consultation with the City
Attorney and Bond Counsel, and such other appropriate officers, employees and agents
of the City as the City Manager deems necessary, are hereby authorized to take such
actions as may be necessary to carry out the purposes of this Resolution and the IRS
Code.
Section 5. Related Amendment of the City's Multi -Year Capital Plan. The
Multi -Year Capital Plan is amended: (i) to reallocate, re -appropriate, and modify certain
previous Park Impact Fees funding allocations in connection with the Citywide
Environmental Remediation and Capital Improvements Projects as follows: (a) Eight
Hundred and Fifty Thousand Dollars ($850,000.00) from 40-B40588 Douglas Park Turf
Project to 40-B40581 Douglas Park Community Center Project; (b) Four Hundred and
Fifty Thousand Dollars ($450,000.00) from 40-B40588 Douglas Park Turf Project to 40-
B40507 Citywide Parks Land Acquisition Project; and (c) Two Hundred Thousand
Dollars ($200,000.00) from 40-B40588 Douglas Park Turf Project to a new Green
Link/Underline Project, with the new project number to be determined by the City
Manager; and (ii) to require that future reallocations of Park Impact Fees be presented to
City Commission at a later date.
Section 6 . Effective Date. This Resolution shall take effect immediately upon
its adoption and signature of the Mayor.{1}
APPROVED AS TO FORM AND CORRECTNESS:
VICTORIA MENDEZ
..Footnote
{1} 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.