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82-17192 RESOLUTION NO. 82-17192 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING AND DIRECTING BONDS IN THE AMOUNT OF $24, 650, 000 AUTHORIZED FOR VARIOUS PURPOSES AT ELECTIONS HELD ON NOVEMBER 6, 1973, NOVEMBER 6, 1979, NOVEMBER 3, 1981 AND NOVEMBER 2, 1982 TO BE ISSUED AS AN OMNIBUS ISSUE OF GENERAL OBLIGATION BONDS TO BE DESIGNATED PUBLIC IMPROVEMENT BONDS, SERIES 1983; AUTHORIZING OFFICIALS OF THE CITY TO TAKE ALL ACTION NECESSARY IN CONNECTION WITH THE SALE OF SUCH BONDS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the duly registered and qualified voters of the City of Miami Beach, participating in an election held according to law in the City of Miami Beach, Florida on November 6, 1973, authorized the issuance of negotiable coupon bonds of the City of Miami Beach, in the sum of $650, 000 to be known as 16th Street Public Improvement Bonds for the purpose of acquiring necessary land, rights of way and construction of a public street to be an extension of 16th Street between Washington and Collins Avenues; and WHEREAS, the duly registered and qualified voters of the City of Miami Beach, participating in an election held according to law in the City of Miami Beach, Florida on November 6, 1979, authorized the issuance of negotiable coupon bonds of the City of Miami Beach, in the sum of $1, 500, 000 to be known as Beachfront Park and Promenade Project Public Improvement Bonds for the purpose of developing and building promenade structures, dune crossovers, dune landscaping, site furnishings, lighting, and related facilities on the oceanfront property east of Collins Avenue between 21st Street and 46th Street for park purposes; and - . T • WHEREAS, the duly registered and qualified voters of the City of Miami Beach, participating in an election held according to law in the City of Miami Beach, Florida on November 3, 1981, authorized the issuance of negotiable coupon bonds of the City of Miami Beach, in the sum of $18, 000, 000 to be known as Justice Center Bonds for the purpose of financing the acquisition of land and the construction and furnishing of a Justice Center thereon, said Justice Center to contain a police station, jail, courtroom, and facilities related to the foregoing; and WHEREAS, the duly registered and qualified voters of the City of Miami Beach, participating in an election held according to law in the City of Miami Beach, Florida on November 2, 1982, authorized the issuance of bonds of the City of Miami Beach, in the sum of $2, 500, 000 to be known as Arthur Godfrey Road Bonds for the purpose of various capital improvements, including paving, sidewalks, curb and gutter , storm sewer, lighting, landscaping, canopy structures, bus shelters, signage, ornamental structures, and other structures on public rights-of-way, and acquiring land required for the plan of reconstruction of the following area: Arthur Godfrey Road from Biscayne Bay to the Atlantic Ocean; Indian Creek Drive from 39th Street to 44th Street; and Collins Avenue from 44th Street to 46th Street; and WHEREAS, the duly registered and qualified voters of the City of Miami Beach, participating in an election held according to law in the City of Miami Beach, Florida on November 2, 1982, authorized the issuance of bonds of the City of Miami Beach, in the sum of $2, 000, 000 to be known as 21st Street Community Center -2- • Bonds for the purpose of financing improvements to the 21st Street Community Center, including, among other things, renovations to the existing building, construction of a new building and related parking facilities, and construction of the Collins Canal/22nd Street Walkway from Meridian Avenue to 22nd Street along the Collins Canal and eastward along 22nd Street to the City' s Beach Front Park and Promenade; and WHEREAS, the Commission has determined that it is in the best interests of the City that said 16th Street Public Improvement Bonds, Beachfront Park and Promenade Public Improvement Bonds, Justice Center Bonds, Arthur Godfrey Road Bonds and 21st Street Community Center Bonds be issued at one time as an omnibus issue of general obligation bonds to be designated Public Improvement Bonds, Series 1983; and WHEREAS, said 16th Street Public Improvement Bonds, Beachfront Park and Promenade Public Improvement Bonds and Justice Center Bonds were authorized to be issued in the form of negotiable coupon bonds and it is necessary to amend the resolutions authorizing the issuance of said 16th Street Public Improvement Bonds, Beachfront Park and Promenade Public Improvement Bonds and Justice Center Bonds in order to comply with Section 215 (a) of Public Law No. 97-248, commonly known as the Tax Equity and Fiscal Responsibility Act of 1982 which amended Section 10 of the Internal Revenue Code of 1954 by adding a new subsection designated Section 103 (j ) providing that, with certain exceptions, interest on municipal obligations issued after December 31, 1982 will not be exempt from Federal income -3- • taxation unless such obligations are issued in registered form; and WHEREAS, final regulations under said Section 103 (j ) have not yet been promulgated; and WHEREAS, the Commission recognizes that it is necessary to undertake certain action and prepare certain documentation to effect the sale and issuance of said Public Improvement Bonds, Series 1983 as expeditiously as possible; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. ISSUANCE OF BONDS. The 16th Street Public Improvement Bonds, Beachfront Park and Promenade Public Improvement Bonds, Arthur Godfrey Road Bonds, Justice Center Bonds and 21st Street Community Center Bonds shall be issued and sold as one series of general obligation bonds designated Public Improvement Bonds, Series 1983. SECTION 2. AUTHORIZATION OF CITY ACTION. The Mayor , the City Clerk or Finance Director and other appropriate employees and officials of the City are hereby authorized and directed to take all action necessary or desirable in connection with the issuance and sale of said Public Improvement Bonds, Series 1983 and the consummation of all transactions in connection therewith. SECTION 3. PROVISION FOR REGISTRATION. The resolutions authorizing said 16th Street Public Improvement Bonds, said Beachfront Park and Promenade Public Improvement Bonds and said Justice Center Bonds shall be amended by subsequent resolution of the Commission in order to comply with the terms of Section -4- • 103 (j) of the Internal Revenue Code, as amended. SECTION 4. DIRECTION TO PROCEED. The law firm of Morgan, Lewis & Bockius of Miami and Philadelphia, as Bond Counsel and Dean Witter Reynolds, Inc. , as Financial Consultant are hereby directed to take such action and prepare such documentation as each of them deems necessary to assist the City in effecting the sale and issuance of said Public Improvement Bonds, Series 1983 as expeditiously as possible. SECTION 5. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS 17th day of Nove ber , 1982. Mayor ATTEST: City Clerk By _ -5- • STATE OF FLORIDA COUNTY OF DADE: I , ELAINE MATTHEWS, City Clerk of the City of Miami Beach, Florida, do hereby certify that the above and foregoing is a true and correct copy of Resolution No. 82-17192 , duly passed and adopted by the City Commission of the City of Miami Beach at a regular meeting duly held and convened on the 17th day of November , 1982 and that said resolution is in full force and effect, without amendment, on the date hereof. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Miami Beach, Florida, this //7,% day of2(177A-glat.t4../, 1982. / / <ieal) City Cler -6-