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<br />WHEREAS, pursuant to Section 3.8 of City Ordinance No. 98-39, (the "1998 Bond <br />Ordinance") under which the City's outstanding Utilities Tax Revenue Bond, Series 1998 was <br />issued, the Bank (as defined in the 1998 Bond Ordinance) has give its prior written consent to the <br />City to issue the 1999 Bond as a Parity Obligation (as defined in the 1998 Bond Ordinance); and <br /> <br />WHEREAS, City staff has previously solicited bids from qualified lending institutions to <br />provide a term loan as the vehicle by which the 1999 Bond is to be issued and the 1999 Project is to <br />be financed; and <br /> <br />WHEREAS, City staff has determined and the City Commission hereby concurs that <br />SunTrust Bank, Miami, N.A., a national banking association with its designated office in Miami <br />Beach, Florida (herein, the "Bank"), has provided the lowest responsive, responsible bid to the City; <br />and <br /> <br />WHEREAS, the City Commission hereby determines that, in light of present market <br />conditions, the aforementioned bid provided by the Bank, the nature of the 1999 Bond, the nature <br />of the security afforded to the holder of the 1999 Bond, and other factors described herein, it will be <br />in the best interest of the City to sell the 1999 Bond to the Bank on a negotiated basis pursuant to <br />the terms and provisions of this Ordinance; and <br /> <br />WHEREAS, the City Commission hereby determines that the City does not expect to issue <br />more than $10,000,000 of its tax-exempt obligations in calendar year 1999, and the City <br />Commission hereby designates the 1999 Bond as a "qualified tax-exempt obligation" within the <br />meaning of Section 265(b) of the Code; <br /> <br />NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE <br />CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: <br /> <br />ARTICLE I <br />STATUTORY AUTHORITY; FINDINGS AND DEFINITIONS <br /> <br />SECTION 1.1 AUTHORITY FOR THIS ORDINANCE. This Ordinance is enacted <br />pursuant to the provisions of the Charter of the City of Sunny Isles Beach, Florida, as amended and <br />supplemented, the Florida Constitution, Chapter 166, Florida Statutes, as amended and <br />supplemented, and other applicable provisions oflaw (collectively, the "Act"). <br /> <br />SECTION 1.2 FINDINGS. The findings and determinations set forth in the recitals to <br />this Ordinance are hereby adopted and confirmed as though fully set forth herein. Further, it is <br />hereby ascertained, determined and declared: <br /> <br />(a) That the City hereby authorizes the 1999 Project and the financing thereof in the <br />manner hereinafter set forth. <br /> <br />2 <br />