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<br />WHEREAS, by pooling the respective financial needs of these certain various local <br />government 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 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 2002C (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 finance or <br />refinance the costs of the acquisition, construction and/or equipping of the qualifying projects set <br />forth on Exhibit "A" attached hereto (the "Project"); and <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 finance the cost of the Project. <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 enacted pursuant to Chapter 166, <br />Florida Statutes, and other applicable provisions of law. <br /> <br />SECTION 2. PROJECT. The financing of the acquisition, construction and erection of <br />the Project is hereby approved. <br /> <br />SECTION 3. NEGOTIATED LOAN. Due to the complicated nature of the financing <br />and the ability of the Council to access additional markets and for the Borrower to receive the <br />benefits of lower interest rates and issuance costs, it is hereby determined that it is in the best <br />interest of the Borrower that the loan to the Borrower be made from the proceeds of the Bonds, <br />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 $18,500,000. 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 <br />a pro-rata portion of a reserve fund bear interest and shall be repayable according to the terms <br />and conditions set forth in the Loan Agreement authorized pursuant to Section 5 hereof with <br />such changes, insertions and omissions as may be approved by the Mayor or City Manager. The <br />loan shall bear interest at a true interest cost rate not in excess of seven percent (7%), and shall <br />mature no later than twenty (20) years and shall be in the amount set forth in the Loan <br />Agreement. The redemption provisions, if any, relating to such Loan shall be as provided in the <br />Loan Agreement. <br /> <br />Ordinance Authorizing Negotiation <br />of Loan not to Exceed $18,500,000. <br />9/20/02 -10:26 AM <br />A:/HO/Disk llA <br /> <br />2 <br />