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<br />WHEREAS, City staff has determined and the City Commission hereby concurs that <br />SunTrust Bank, a Georgia banking corporation with its designated office in Miami, Florida <br />(herein, the "Bank"), has provided the lowest responsive, responsible bid to the City; 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 2002 Bond, the nature <br />of the security afforded to the holder of the 2002 Bond, and other factors described herein, it will <br />be in the best interest of the City to sell the 2002 Bond to the Bank on a negotiated basis pursuant <br />to the terms and provisions of this Ordinance; and <br /> <br />WHEREAS, the City Commission hereby determines that the City does not expect to <br />issue more than $10,000,000 of its tax-exempt obligations in calendar year 2002, and the City <br />Commission hereby designates the 2002 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 <br />and supplemented, the Florida Constitution, Chapter 166, Florida Statutes, as amended and <br />supplemented, and other applicable provisions of law (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 2002 Project and the financing thereof in the <br />manner hereinafter set forth. <br /> <br />(b) That it is necessary and essential to acquire the 2002 Project for the health and <br />safety of the residents of the City and that the 2002 Project will be in the best economic interest <br />of the City. <br /> <br />(c) That the 2002 Project will serve a valid municipal purpose. <br /> <br />(d) That the cost of the 2002 Project shall be deemed to include, but not be limited to, <br />the cost of certain improvements to the Stormwater Utility System, the fees and expenses of <br />counsel to the Bank and such other expenses as may be necessary or incidental to the 2002 <br />Project and the issuance of the 2002 Bond herein authorized. <br /> <br />2 <br /> <br />02002- $3 Million Bond Golden Shores Stormwater Utility <br />