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<br />WHEREAS, by pooling the respective financial needs of these certain various local <br />governmental units, the Borrower will be able to access additional markets and expects to receive <br />the benefits of lower interest rates on more favorable terms associated with such a large scale <br />financing with such benefits being obtained for and inuring to the Borrower; and <br /> <br />WHEREAS, the Council is in the process of issuing its Florida Municipal Loan Council <br />Revenue Bonds, Series 2001A (the "Bonds") and is seeking to make loans (the "Loans") to <br />governmental units; and <br /> <br />WHEREAS, it is hereby determined that a need exists to borrow funds to refund all of <br />the Borrower's outstanding Utilities Tax Revenue Bond, Series 1998, Utilities Tax Revenue <br />Bond, Series 1 999A, Utilities Tax Revenue Bond Series 1998 and Bond Anticipation Note, <br />Government Center Series, (the "Project"). The outstanding amounts are set forth on Exhibit <br />"D" attached hereto. <br /> <br />WHEREAS, it is determined to be in the best interest of the Borrower to borrow funds <br />from the Council from the proceeds of the Bonds to consolidate existing debt. <br /> <br />NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE <br />CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: <br /> <br />SECTION 1. AUTHORITY. This Ordinance is adopted pursuant to Chapter 166, <br />Florida Statutes, and other applicable provisions of law. <br /> <br />SECTION 2. PROJECT. The refinancing of the Project is hereby approved. <br /> <br />SECTION 3. NEGOTIATED LOAN. Due to the complicated nature of the <br />refinancing and the ability of the Council to access additional markets and for the Borrower to <br />receive the benefits of lower interest rates and issuance costs, it is hereby determined that it is in <br />the best interest of the Borrower that the Loan to the Borrower be made from the proceeds of the <br />Bonds, as opposed to the Borrower borrowing funds pursuant to a public sale. <br /> <br />SECTION 4. LOAN AMOUNT. The amount of the Loan of the Borrower evidenced <br />by the Loan Agreement shall not exceed $11,000,000. Such Loan shall be made at a discount <br />which shall include a pro-rata portion of costs of issuance incurred by the Council together with a <br />pro-rata portion of a reserve fund surety cost and the League of Cities administrative fees and <br />other on-going costs and shall bear interest and shall be repayable according to the terms and <br />conditions set forth in the Loan Agreement authorized pursuant to Section 5 herein below with <br />such changes, insertions and omissions as may be approved by the Mayor or in his absence, the <br />Vice Mayor and attested to by the City Clerk. The loan shall bear interest at a true interest cost <br />rate not in excess of seven percent (7%); and shall mature not later than twenty-five (25) years <br />and shall be in the amount set forth in the Loan Agreement. The redemption provisions, if any, <br />relating to such Loan shall be as provided in the Loan Agreement. <br /> <br />2 <br /> <br />Legislation - Attny: Ordinance Authorizing Negotiation <br />of Loan Not to Exceed $11,000,000. <br />