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Resolution 86-18469 • • • RESOLUTION NO. '86-18469 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE SALE OF GENERAL OBLIGATION BONDS IN THE AMOUNT OF $11,500,000 FOR THE PURPOSE OF FINANCING IMPROVEMENTS AND ADDITIONS TO AND REHABILI- TATION OF THE CITY'S PUBLIC SAFETY EMERGENCY COMMUNICATIONS SYSTEM, INCLUDING AN IMPROVED COMPUTER AND COMMUNICATIONS NETWORK, IMPROVED FIRE VEHICLES, AMBULANCES, A 911 AUTOMATIC • • LOCATION .IDENTIFICATION SYSTEM, AND OTHER ' RELATED PROJECTS, TO PROVIDE ' MORE IMMEDIATE • AND EFFECTIVE POLICE . AND FIRE EMERGENCY DISPATCH AND RESPONSE TIME IN LIFE THREATENING SITUATIONS AND OTHER CITIZEN EMERGENCIES, AUTHORIZED AT AN ELECTION HELD ON NOVEMBER 5, • 1985; FIXING MATURITY DATES; APPROVING THE FORM OF PRELIMINARY OFFICIAL STATEMENT AND • NOTICE OF SALE; AUTHORIZING ADVERTISEMENT OF THE . SALE OF THE BONDS; SETTING THE SALE DATE AS JUNE 18, 1986;- 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 5 , 1985, • authorized the issuance of general obligation bonds of the City of Miami Beach in an aggregate principal .amount not to exceed $11, 500,000 (the "Bonds" ) for the purpose of financing • improvements and additions to and rehabilitation of the City' s public safety emergency communications system, including an, improved computer and communications network, improved fire vehicles, ambulances , a 911 automatic location .identification system, and other related projects, to provide more immediate and effective police and fire emergency dispatch and response time in life threatening situations and other citizen emergencies. NOW, THEREFORE, BE. IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA THAT: SECTION 1. Pursuant to said election, $11, 500,000 of general .obligation 'bonds of the City of Miami Beach, Florida, shall be issued in fully registered form, bearing the date of June 1, . 1986, and bearing interest at a rate per annum to be hereafter_ determined, not to exceed the maximum rate permitted by applicable - Jaw, payable semiannually on each March 1 and September 1, commencing March 1, 1987 . The principal of and the interest and redemption premium, if any, on the Bonds shall be paid in any coin or currency of the United States of America which, at the respective times of payment, is legal tender for the payment of public and private debts. The principal of and interest on the Bonds are payable by check or draft mailed to the registered owners thereof .as of the Record Date (as defined in Resolution No. 86-18407) , drawn on the paying agent as designated by subsequent resolution (the "Paying Agent" ) and the principal . thereof and the premium, if any, payable upon redemption are payable upon presentation and surrender thereof, at the principal corporate trust office of the Paying Agent, or at the principal corporate trust office of its successor as Paying Agent. SECTION 2. The Bonds shall be designated "City of Miami Beach, Florida, General Obligation Bonds (Public Safety Equipment and Rehabilitation Project) , Series 1986 and shall mature as follows: . . Due September 1 Amount 1988 100,000 1991 300,000 1993 1,300,000 1994 2,400,000 199.5 2,300,000 1996 2,900,000 1997 2,200,000 SECTION 3. The Bonds maturing on or before September 1, 1996 shall not be subject to redemption prior to their stated dates of maturity. The Bonds maturing after September 1, 1996 shall be redeemable at . par prior to their stated dates of maturity, at the option of the City, from any funds legally available for such purpose on and after September 1, 1996 ( i) as a whole at any time, and ( ii) in part, from time to time on any interestpayment date, in inverse order of maturity and by lot within each maturity at the principal amount thereof and accrued interest to the date of redemption without premium. SECTION 4 . ' The Bonds herein authorized and referred to in Section 2 of this Resolution shall be in the denomination of -2- • • $5,000 each orany integral multiple thereof and shall be alike in form, except asto maturity dates, interest rates and numbers. The Bonds shall be lettered "A" and bear the last two digits of the year of maturity of such Bonds. All Bonds of the same year of maturity shall be numbered consecutively from one (1) upwards in order of issuance. If more than one fully- registered bond of a series is issued in a simultaneous transaction, such bonds shall be numbered in such manner, consistent with the above, as the hrere-3. €t-e-r--menti-en - Registrar shall determine. SECTION 5. The Commission hereby approves the form of Preliminary Official Statement with respect to the Bonds, subject to such changes as may be. approved by the City Attorney, and the Notice of Sale presented to it at this meeting and authorizes advertisement of the sale of the Bonds and release of the Preliminary Official Statement. SECTION 6. The Commission hereby determines that the Bonds shall be sold on' June 18, 1986. (11:00 a.m.) SECTION 7 . That this Resolution shall be in force and effect immediately upon its adoption. PASSED AND ADOPTED this 4th day of June, 1986 . yor Attest: City Clerk (SEAL) FORM Ar ofrt, y r)rp C Go e *Note: Words sek- he�gl� are deleted B /�jl� S�VwwuI.IG VIAt Dag _AI-fir-3 ,.5 6 -3- • • NOTICE OF SALE $11 , 500,000 THE CITY. OF MIAMI BEACH FLORIDA General Obligation Bonds (Public Safety Equipment and Rehabilitation Project) Series 1986 Sealed Bids Sealed bids for the purchase of the above Bonds will be received by the Commission (the "Commission" ) of The City of Miami Beach, Florida. (the "City" ) at its regular place of meeting in the City Hall, 1700 Convention Center Drive, Miami Beach, Florida, until 11:00 A.M. Miami Beach time on Wednesday, JUNE 18, 1986* at which time and place all bids will be publicly opened and read. Bond Details The Bonds are issuable as fully registered bonds in the principal amount of $5,000 or whole multiples thereof. Interest on the Bonds will be payable to the registered owners shownon the registration books of the Registrar 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 initially dated and bear interest from June 1, 1986, payable semi-annually on March 1 and September 1 in each year, commencing March 1, 1987, at the rate or rates specified in such proposal as may be accepted, and will mature as follows: *Hereinafter referred to as the "Date of Sale. " 6/r/P b. • MATURITY SCHEDULE Maturity Date September 1 Principal Amount 1988 $ 100,000 1991 300,000 1993 1,300,000 1994 2,400,000 1995 2,300, 000 1996 2,900,000 1997 2, 200,000 Principal of, and premium, if any, on the Bonds will be payable upon presentation and surrender of the Bonds, at the offices of the Bond Registrar and Paying Agent, to be designated by the City on the Date of Sale. Optional Redemption The Bonds maturing after September 1, 1996 are subject to redemption at par at the option of the Commission of The City,. after September 1, 1996, 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, plus .accrued interest to the date of redemption without. premium. Purpose Validation The Bonds were authorized by Resolution No. 85-18176 adopted on September 11, 1985 and Resolution No. 86-18407 adopted March 19, 1986, as supplemented., for the purpose of financing improvements and additions to and rehabilitation of the City's public safety emergency communications, system. The issuance of the Bonds was approved by a majority of the votes cast in an election held on November 5, 1985 in which the qualified electors residing in the City participated. The Bonds have been validated by judgment of the Circuit Court of Dade County, Florida, the appeal period has expired and no appeal was taken from the validation judgment. Security for and Source of Payment for the Bonds The Bonds constitute valid and binding general- obligations of the City for the payment of which, and the payment of interest . thereon, the full faith, credit and taxing power of the City are -2- • • irrevocably pledged, and all taxable real and personal property within the City (excluding homesteads to the extent provided under applicable law) is subject to the levy of an ad valorem tax without limitation as to rate or amount, for the payment of the Bonds and the interest . thereon. Interest Rates and Bidding Details Each proposal must be in the form of the Official Bid. Form, and enclosed in a sealed envelope marked "Bid for $11,500 ,000 City of Miami Beach, 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 ofsuch 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 bearinterest or have a yield at the same rate. Any number of interest rates may be named, but the highest interest rate named may not exceed the lowest interest rate 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 Bonds, and no zero orblank rate or split rate will be permitted. No. bid for less than all of the Bonds offered or for less than 99% of the par amount will be entertained. Premiums may be specified. Award of Bonds The Bonds will be sold to the responsible bidder whose proposal offers to purchase all (but not less than all) the Bonds at such rate or rates of interestas 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. 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 ambunt of $115,000, which check, onwhich no interest will be allowed, must be payable unconditionally to the order of The City of Miami Beach, Florida. Award or rejection of bids will be made on the date above stated for receipt of bids, -3- • • • 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 liquidated damages. If it shall be found impossible to issue and deliver the Bonds, the . City will, deliver to the successful bidder a certified or bank cashier ' s or treasurer ' s check drawn upon a bank or trust company in The City of Miami Beach, 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 to 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 Beach. Delivery of Bonds Delivery of the Bonds in definitive form will be made on or about July 8, 1986 in New York, New York, against payment therefor in immediately available Federal Reserve Funds to the order of The City of Miami Beach, Florida. 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 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 . _4- Bond Counsel Opinion The unqualified opinion of Myers, Kenin, Levinson & Richards of Miami, Florida, as to the tax-exempt status of interest on the Bonds under present law,, will be furnished without cost to the purchasers of the Bonds and will be printed on the Bonds. There will also be furnished the usual closing documents and papers. Pending Federal Tax Legislation On December .17, 1985 , the United States House of Representatives passed H.R. 3838, which, if enacted, would change the provisions of the Internal Revenue Code relating to the exemption from federal income taxation of certain obligations of states and their political subdivisions issued after December 31, 1985. On March 14, 1986, the Chairman and Ranking Members of the United States House of Representatives Committee on Ways and Means and the United States Senate Committee on Finance, and the Secretary of the Treasury, issued a joint statement ( the "Joint Statement" ) endorsing a postponement until September 1, 1986 (or the date of enactment of tax reform legislation, if earlier ) of any application of all provisions and restrictions of. H.R. 3838 relating to certain tax exempt financings, ,which would include the Bonds, except for yield calculation provisions, temporary periods on advance refundings and alternative minimum tax provisions applicable to property and casualty insurance companies. Such endorsement is not binding on the members .of Congress. The Senate Committee on Finance (the "SCF" ) voted on May 6, 1986 to submit to the U.S. Senate amendments to H.R. 3838 as passed by the House of Representatives . The amendmentsinclude a provision that would classify, as a tax preference item for the purpose of computing an alternative minimum tax, 20% of one-half of the excess of a corporation' s reported profits in excess of its minimum tax base. If this provision should be enacted into law, one-half of the interest on the Bonds held by corporations would constitute a tax preference. The tax exempt status of interest on the Bonds , (except for any tax preference provisions generally applicable to corporations) will not be adversely affected by the pending federal tax legislation as set forth in H.R. 3838, or as amended by SCF, in the event the postponement provisions of the Joint Statement are finally enacted by Congress. Bodd Counsel will express no opinion as to the federal tax exemption with respect to the Bonds in the event H.R.. 3838, as finally passed by -5- • Congress, is enacted without the incorporation of a postponement of effective dates as set forth in the Joint Statement, or in the event H.R. 3838 is otherwise enacted in modified form, or in the event that other legislation affecting the Bonds is enacted; nor will Bond Counsel express any opinion as to whether any particular congressional action with respect to effective dates, or the substantive requirements of H.R. 3838 applicable to the Bonds will be followed in the enactment thereof. Insurance The City has applied for and expects to obtain a commitment for insurance which may be obtained at the option of the successful bidder . Disclosure on the Purchaser Section 218. 38(1) (b) (1) , Florida Statutes, (Supp. 1982) , 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" ) containing the following information: (a) the name and address of the managing underwriter, if any, connected with the Bond issue; (b) the name and address of any attorney or financial consultant who advised the City with respect to the Bond issue; (c) any fee, bonus or gratuity paid by any 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 Bond issue, including any fee paid to attorneys or financial consultants. The successful purchaser will be required to deliver 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) , Florida Statutes, requires that the successful purchaser file with the Division within 90 days after 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 Miami. Beach City Hall, 1700 Convention Center Drive, 4th Floor, Miami Beach, Florida 33139, telephone number ( 305) 673-746'6, or to the Financial Advisor, Shearson Lehman Brothers Inc. , Suite 200, 1390 -6- Brickell Avenue, Miami , Florida 33131, telephone number ( 305) 371-7084. ROBERT J. NACHLINGER Director of Finance The City of. Miami Beach, Florida. -7- ORICINAL RESOLUTION NO. 86-18469 (Authorizing the Sale of General Obligation Bonds in the amount of $11,500,000for the # purpose of financing improvements and additions to and rehabilitation of the City's Public Safety Emergency Communicat- ions System, including an improved computer and communications network, improved fire vehicles, ambulances, a 911 automatic location identification system, and other related projects, to provide more immediate and effective police and fire emergency dispatch and response time in life threat- ening situations and other citizens emergen- cies, Authorized at an election held on November 5, 1985; fixing maturity dates; approving the form of preliminary official statement and notice of sale; authorizing advertisement of the sale of the bonds; setting the sale date as June 18, 1986; and providing an effective date)