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95-21834 Reso RESOLUTION NO. 95-21834 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA DECLARING THE OFFICIAL INTENT OF THE CITY OF MIAMI BEACH TO ISSUE DEBT IN ORDER TO REIMBURSE ITSELF FROM THE PROCEEDS OF SUCH DEBT FOR FUNDS ADVANCED BY THE CITY FOR CERTAIN EXPENSES INCURRED WITH RESPECT TO A PARK AND RECREATIONAL FACILITIES IMPROVEMENT PROJECT WITHIN THE CITY LIMITS; AND AUTHORIZING CERTAIN INCIDENTAL ACTIONS. WHEREAS, in connection with the construction, renovation and rebuilding of parks and recreational facilities within the city limits (the "Project") by the City of Miami Beach, Florida (the "City") , to be financed in part with debt to be incurred by the City through the issuance of its tax-exempt bonds (the "Bonds") , the City has incurred and expects to incur expenses for which the City has advanced and will advance internal funds; and WHEREAS, to the extent permissible under the Internal Revenue Code of 1986, as amended, and the regulations promulgated thereunder (collectively, the "Code") , the City intends to reimburse itself for such advances from a portion of the proceeds of the Bonds . NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: Section 1 . Declaration of Official Intent . The City hereby declares its official intent to issue the Bonds, a portion of the proceeds of which will, to the extent permissible under the Code, be used to reimburse the City for funds advanced by it for expenses incurred and to be incurred with respect to the Project . This Resolution is intended as a declaration of official intent under Treasury Regulation § 1 .150-2 . The Bonds are expected not to exceed an aggregate principal amount of $15, 000, 000 . Section 2 . Incidental Action. The appropriate officers of the City are hereby authorized to take such actions as may be necessary to carry out the purpose of this Resolution and the Code. Section 3 . Effective Date. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED this 6th day • ' December \ , 1995 . (SEAL) ayor ATTEST: FORM APPROVED al t. Clerk By Date I ll 240 5 D09:04548.DOCS.MIA1800621RESO CITY OF MIAMI BEACH COMMISSION MEMORANDUM NO. 3'77_' 5 TO: Mayor Seymour Gelber and DATE: December 6, 1995 Members of the City Commission FROM: Jose Garcia-Pedrosa City Manager SUBJECT: A RESOLUTION DEC RING THE OFFICIAL INTENT OF THE CITY OF MIAMI BEACH TO ISSUE DEBT IN ORDER TO REIMBURSE ITSELF FROM THE PROCEEDS OF SUCH DEBT FOR FUNDS ADVANCED BY THE CITY FOR CERTAIN EXPENSES INCURRED WITH RESPECT TO A PARK AND RECREATIONAL FACILITY IMPROVEMENT PROJECT WITHIN THE CITY LIMITS AND AUTHORIZING CERTAIN INCIDENTAL ACTIONS ADMINISTRATION RECOMMENDATION Approve the Resolution. BACKGROUND On November 1, 1994, the voters of the City of Miami Beach approved the issuance of$15 million in General Obligation Bonds to provide for certain improvements to the Parks and Recreational facilities. Since that time, the City has embarked on a community-wide planning process to finalize design improvements. This process is expected to be completed by February, 1996. The authorized bonds will not be issued period to that date. BOARDWALK RESURFACING PROJECT The resurfacing of the Boardwalk is one of the projects specifically approved. On today's City Commission Agenda, Item C-2-A explains the significant amount of testing and results of various alternatives for repairing for the boardwalk, along with the recommended method of resurfacing with "hardwood". It is the Administration's recommendation to proceed with this project and not wait until the entire planning project is completed and the bonds are sold. Immediate funding would be a loan to be repaid from a State Grant($100,000)and reimbursement from proceeds ($446,000)from the future bond sale. DECLARATION OF OFFICIAL INTENT The Internal Revenue Code of 1986 requires the City to declare its intent to reimburse itself from the proceeds of the sale of those bonds. Without this declaration, the City may not legally reimburse itself. CONCLUSION In order for the City to be reimbursed for these expenditures, it is required that the City Commission adopt the attached Resolution. PFL:me AGENDA E ITEM DATE