Resolution 86-18473 '1/
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RESOLUTION NO. 86-18473
RESOLUTION OF THE THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AWARDING ITS
GENERAL OBLIGATION BONDS (PUBLIC SAFETY
EQUIPMENT AND REHABILITATION PROJECT) , SERIES
• 1986 , IN AN AGGREGATE PRINCIPAL AMOUNT OF
$11,500 ,000 TO THE SUCCESSFUL BIDDER THEREFOR;
APPROVING THE EXECUTION AND DELIVERY OF SAID
BONDS; FIXING THE INTEREST RATE; APPOINTING A
PAYING AGENT AND REGISTRAR; AUTHORIZING
OFFICIALS OF THE CITY TO TAKE ALL ACTION
NECESSARY IN CONNECTION WITH THE SALE OF THE
BONDS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on March 19, 1986, the City Commission (the
"Commission" ) of the City of Miami Beach, Florida (the "City" )
passed and adopted Resolution No. 86-18407 ( the "Bond
Resolution" ) authorizing the issuance of General Obligation Bonds
(Public Safety Equipment and Rehabilitation Project) , Series 1986
(the "Bonds" ) in an aggregate principal amount not to exceed
Eleven Million Five Hundred Thousand Dollars ($11,500,000) for
the purpose of financing the cost of 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 (the "Project" ) ; and
WHEREAS, on June 4, 1986, the Commission passed and_
adopted Resolution No. 86-18469 (the "Resolution" ) approving the
Official Notice of Sale and form of Preliminary Official
Statement, setting the bond maturities and redemption provisions
and authorizing advertisement of the sale of Bonds; and
WHEREAS, the Commission has determined that it is in the
best interests of the City and its citizens to proceed with the
sale of the Bonds in an aggregate principal amount of
$11,500,000; and
WHEREAS, the City has received bids to purchase the
Bonds; and
WHEREAS, it is necessary for the Commission to award the
Bonds and approve the sale thereof to the party submitting the
lowest bid and to authorize the execution and delivery of the
Bonds on behalf of the City,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
Section 1. The Commission hereby ratifies, approves and
confirms the Official Notice of Sale and Bid Form.
Section 2. The bid offering to pay the lowest true
interest cost is the bid of Merrill Lynch Capital Markets
p/99)Nc/ir9p/mi/i7 ////////11////////////////////////////, which bid is for
a true interest cost of 7.254261% , plus accrued interest on
the bonds from June 1, 1986 to the date of their delivery, at the
rates set forth in said bid attached to this Resolution.
Section 3. The bid of Merrill Lynch Capital Markets ,
iS19.0-#/t11/9p/J10ill/////////////////////////////////// is hereby accepted
and the $11,500,000 principal amount of the Bonds is awarded
to Merrill Lynch Capital Markets ILIV/A/ cb¢A- tlirb
FA- //////////////////////////////////////////// (the "Purchaser" ) at the
price offered for the Bonds, bearing interest at the rates set
forth in the bid attached hereto.
Section 4. Southeast Bank, N.A. is hereby appointed
Paying Agent and Registrar for the Bonds.
Section 5. The Bonds shall be executed as provided in
Resolution No. 86-18407 and the City Manager or any Assistant
City Manager of the City is hereby directed to deliver the Bonds
to the Purchaser upon receipt of payment of the purchase price
therefor.
Section 6. The. City covenants not to take or cause or
permit to be taken, or fail to take or cause or permit to fail to
be taken, any action which would result in the interest payable
on the Bonds being taxable as income to the holders thereof under
either the laws of the United States or the State of Florida,
except as to taxes imposed by Chapter 220 , Florida Statutes, on
interest, income or profits on debt obligations owned by
corporations, as defined in said Chapter 220 . The principal
proceeds of the sale of the Bonds shall be devoted to and used
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with due diligence for the completion of the Project, in
accordance with the Bond Resolution and this Resolution and any
other resolutions adopted by the Commission relating to the Bonds
or the Project. The City also certifies and further covenants
with the purchasers and registered owners of the Bonds from time
to time outstanding that, so long as any of the Bonds remain
outstanding, moneys on deposit in any fund or account in
connection with the Bonds, whether or not such moneys were
derived from the proceeds of the sale of the Bonds or from any
other sources, will not be used in a manner which will cause the
interest on such Bonds to be subject to federal income taxation
under present law or under any laws which may be enacted in the
future which would affect the tax exempt status of the Bonds.
Section 7 . The Mayor , Vice Mayor, City Manager , City
Attorney, City . Clerk and Finance Director of the City 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 sale of the Bonds to the Purchaser and the
consummation of all transactions in connection therewith.
Section 8. Use of the Preliminary Official Statement
and Official Statement in final form by the Purchaser in
connection with the sale of the Bonds is hereby authorized, and
the Mayor and the City Manager of the City are hereby authorized
to sign said Official Statement on behalf of the City.
Section 9 . The checks of all unsuccessful bidders shall
be returned immediately.
Section 10 . This resolution shall take effect
immediately upon its adoption.
PASSED and ADOPTED this 18th day of June, 1986.
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Mayor
Attest:
Gil' 60c4- /'/
City Clerk /111A9
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STATE OF FLORIDA
COUNTY OF DADE
I, Elaine M. Baker, 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. /I 3 , duly passed
and adopted by the City Commission of the City of Miami Beach at
a regular meeting duly held and convened on the 18th day of June,
1986 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 it day
of June, 1986 .
45317( SEAL)
City Clerk
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NOTICE OF SALE
$11,500,000
THE CITY OF MIAMI BEACH,
FLORIDA
General Obligation Bonds
(Public Safety Equipment and Rehabilitation Project)
Series 1986
June 4, 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 shown on 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:
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,
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.
*Hereinafter referred to as the "Date of Sale."
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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 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 of such 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 bear 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 or blank 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 interest as 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 amount of$115,000,which check,on which 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, 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 oftheir 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.
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.
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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
tai 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 amendment
to H.R. 3838 as passed by the House of Representatives. The amendments include 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.Bond Counsel
will express no opinion as to the federal tax exemption with respect to the Bonds inthe event H.R. 3838, as finally
passed by 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 Requirements
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)673-7466,or to the Financial Advisor,Shearson Lehman Brothers
Inc., Suite 200, 1390 Brickell Avenue, Miami, Florida 33131, telephone number (305) 371-7084.
ROBERT J. NACHLINGER
Director of Finance
The City of Miami Beach, Florida
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OFFICIAL BID FORM
Proposal for the Purchase of
$11,500,000
CITYOF MIAMI'BEACH, FLORIDA
General Obligation Bonds
(Public,Safety Equipment and Rehabilitation Project)
Series 1986
Finance Director June 18, 1986
City Commission Chambers
3/1:1 Floor, City.Hall
1700 Convention Center Drive
Miami Beach, Florida 33139
Dear Sir:. .
For Eleven Million Five Hundred Thousand Dollars($11,500,000)principal amount,General Obligation Bonds(Public
Safety Equipment and Rehabilitation Project), Series 1986, of the City of Miami Beach, Florida, dated June 1, 1986,
described in the attached Official Notice of Sale,which is hereby made a part of this bid, and for all but not less than
all of said Bonds, with interest rates per annum on said Bonds maturing on September 1 in the years and amounts
as follows:. .
Date" Principal Amount % Rate Date Principal Amount % Rate
1988 $ 100,000 47. / % 1995 $2,300,000 "7, /%
1991 300,000 ts,, ( '% 1996 2,900,000 7i 6 %
1993 1,300,000 v-i,( % 1997 2,200,000 724-%
1994 2,400,000 t-7/ %
We offer the sum of. a s ($II) Y '43/9+, together with accrued interest, if any,
47
to the date of delive . , ,' % '
At the time of delivery of the Bonds,the City shall furnish to us,free of charge,the unqualified opinion of Myers,
Kevin, Levinson& Richards, Miami, Florida, as to the legality of said Bonds and the tax exempt status of interest
on the Bonds under present law, together with the usual closing papers, as specified in the Official Notice of Sale.
In accordance with the Official Notice of Sale,we enclose herewith a certified or bank cashier's check in the amount
of One Hundred Fifteen Thousand Dollars ($115,000) drawn upon an incorporated bank or trust company, payable
unconditionally to the order of the City of Miami Beach, Florida, to be applied in accordance with the Official Notice
of Sale.
This prosposal is WSW [check one] made for bonds carrying municipal bond insurance with the
insurance premium to be paid for by the successful bidder.
This proposal is not'subject to any conditions not expressly stated herein or in the annexed Official Notice of Sale.
The names of the underwriters or members of the account who are associated for the purpose of this proposal are listed
on a separate sheet attached hereto:
Or"
submitted, _
`, 11II RPh MGL "APITEG mART:rtg
- . .. Flier & Sm; hItid:
Vice President
The aggregate interest cost, computed from June 1, '86, to the maturity dates o said$11,500,000 of Bonds at
the rate or rates specified in the above proposal, is
The Discount•Maximum 1% (Premium)offered:is . ... . . ....•. . ... . . . . ..,$
The true interest cost is
The above computation is submitted for purposes of information only and is not a part of this proposal.(No addition
or alteration is to be made to this Official Bid Form,and it must not be detached from the annexed Official Notice of Sale.)
I do hereby acknowledge the return of the good faith check in the amount of$115,000 enclosed with this bid.
By: _ .
4
Merrill Lynch Capital Markets
Citicorp Investment Bank
E.F. Hutton & Company Inc . •
The Northern Trust Company
First Interstate Bank of California
Thomson McKinnon Securities Inc .
Alex. Brown & Sons , Inc.
Glickenhaus & Co.
Marine Midland Bank, N.A.
Oppenheimer & Co. , Inc.
Stephens , Inc .
Tucker, Anthony & R.L. Day, Inc .
The Citizens And Southern National Bank
Cowen •& Company
A. Webster Dougherty & Co. , Incorporated
First of Michigan Corporation
Fischer, Johnson, Allen & Burke ,
Incorporated
The First National Bank of Atlanta
Herzfeld & Stern
Hutchinson, Shockey, Erley & Co.
The Leedy Corporation
Leedy, Wheeler. & Alleman, Incorporated
M.G. Lewis & Co. Inc.
McDonald & Company Securities , Inc,
E.A. Moos & Co. Incorporated
T.J. Raney & Sons , Inc.
Raymond, James & Associates , Inc.
Rotan Mosle, Inca
Stoever, Glass & Co. , Inc .
Williams Securities Group, Inc.
ORIGINAL
RESOLUTION NO. 86-18473
(Awarding its General Obligation Bonds
(Public Safety Equipment and Rehabilitation
Project) , Series 1986, in an aggregate
principal amount of $11,500,000 to the
successful bidder therefor; approving the
execution and delivery of said bonds;
fixing the interest rate; appointing a
paying agent and registar; authorizing
officials of the City to take all action
necessary in connection with the Sale of
the bonds; approving an effective date)