Ord No 26-20-2380ORDINANCE NO.26-20-2380
An Ordinance authorizing a Loan to be evidenced by the issuance of Capital
Improvement Revenue Refunding Note, Series 2020, in the principal amount
not to exceed $5,100,000, for the purpose of refinancing certain of the City's
outstanding indebtedness and paying the costs of issuance of the Note and of
refinancing such indebtedness; covenanting to annually budget and
appropriate funds from Non -Ad Valorem Revenues to repay such Note;
providing the form, terms and details of the Note; awarding the Note to
JPMorgan Chase Bank, N.A. by negotiated sale; making certain covenants
and agreements in connection therewith; authorizing and directing officers
and employees of the City to take all necessary actions and execute all
necessary documents.
WHEREAS, the City of South Miami, Florida (the "City") has previously financed and
refinanced certain capital improvements in the City with the proceeds of (i) a loan from the Florida
Municipal Loan Council (the "FMLC") pursuant to a Loan Agreement, dated as of December 1,
2006, between the City and FMLC, currently outstanding in the principal amount of $1,1452000
(the "2006 Loan!% and (ii) a loan from Branch Banking and Trust Company evidenced by the
City's Capital Improvement Revenue Refunding Note, Series 2015, dated May 28, 2015, currently
outstanding in the principal amount of $3,714,000 (the "2015 Loan" and, together with the
2006 Loan, the "Prior Loans');
WHEREAS, the City desires to obtain a loan (the "Loan") to be evidenced by its Capital
Improvement Revenue Refunding Note, Series 2020 (the "Note"), in the principal amount not to
exceed $5,100,000, to refinance all or a portion of the Prior Loans in order to achieve debt service
savings for the City; and
WHEREAS, the City does not expect to issue more than $10 million in tax-exempt
obligations during calendar year 2020; and
WHEREAS, for the reasons set forth in Section 14 of this Ordinance, the City has
determined that it is in the best interest of the City to authorize the negotiated sale of the Note; and
WHEREAS, the City has received a proposal from JPMorgan Chase Bank, N.A. (the
"Banlo to make the Loan to the City to be evidenced by the Note and, subject to the provisions
of this Ordinance, the City wishes to accept the Loan from and award the sale of the Note to the
Bank.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIANII, FLORIDA THAT:
Section 1. Recitals. The above recitals are incorporated herein as findings.
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Ord. No. 26-20-2380
Section 2. Definitions. As used herein, unless the context otherwise requires:
"Act" means, as applicable, Article VIII, Section 2 of the Constitution of the State of
Florida, Chapter 166, Florida Statutes, the Charter of the City of South Miami, and other applicable
provisions of law.
"Annual Budget" means the annual budget prepared by the City for each Fiscal Year in
accordance with Section 12 below and in accordance with the laws of the State of Florida
"Annual Debt Service" means, as of any particular date of calculation, the annual debt
service requirement for all Debt in each such Bond Year except that with respect to any Debt for
which amortization installments have been established, the amount of principal coming due on the
final maturity date with respect to such Debt shall be reduced by the aggregate principal amount
of such Debt that is to be redeemed or paid from amortization installments to be made in prior
Bond Years.
"Bank" means JPMorgan Chase Bank, N.A., the purchaser of the Note.
"Bond Counsel" means Squire Patton Boggs (US) LLP.
"Bond Year" means the annual period beginning on the first day of October of each year
and ending on the last day of September of the immediately succeeding year-, provided however,
that when such term is used to describe the period during which deposits are to be made to amortize
principal and interest on Debt maturing or becoming subject to redemption, including without
limitation, interest and principal maturing or becoming subject to redemption on October 1 of any
year shall be deemed to mature or become subject to redemption on the last day of preceding Bond
Year.
"Business Day" means any day which is not a Saturday, Sunday or day on which banking
institutions in Miami -Dade County, Florida, are authorized to be closed.
"City" means the City of South Miami, Florida, a Florida municipal corporation.
"City Attorney" means the City Attorney of the City.
"City Manager" means the City Manager of the City, or his or her successor.
"Clerk" means the City Clerk or any Deputy Clerk of the City.
"Code" means the Internal Revenue Code of 1986, as amended, including the applicable
regulations of the Department of the Treasury (including applicable final regulations, temporary
regulations and proposed regulations), the applicable rulings of the Internal Revenue Service
(including published Revenue Rulings and private letter rulings) and applicable court decisions.
"Dated Date" means the date of issuance of the Note.
"Debt" means as of any date and without duplication, all of the following to the extent that
they are payable in whole or in part from any Non -Ad Valorem Revenues: (i) all obligations of the
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Ord. No. 26-20-2380
City for borrowed money or evidenced by bonds, debentures, notes or other similar instruments;
(ii) all obligations of the City as lessee under capitalized leases; and (iii) all indebtedness of other
persons to the extent guaranteed by, or secured by Non -Ad Valorem Revenues of the City.
"Event of Default" has the meaning assigned to such term in Section 17 of this Ordinance.
"Finance Director" means the Finance Director of the City, or his or her successor.
"Financial Advisor" means Hilltop Securities Inc.
"Fiscal Year" means the period commencing on October 1 of each year and ending on the
succeeding September 30, or such other consecutive 12-month period as may be hereafter
designated as the fiscal year of the City.
"Governing Body" means the Mayor and City Commission of the City, or its successor in
function.
"Holder" or ` Noteholder" means the registered owner (or its authorized representative) of
the Note.
"Loan" means the loan from the Bank to the City evidenced by the Note.
"Maximum Annual Debt Service" means, as of any particular date of calculation, the
largest Annual Debt Service in any Bond Year.
"Mayor" means the Mayor of the City or, in the Mayor's absence, the Vice Mayor of the
City, and such other person as may be duly authorized to act on the Mayor's behalf.
`Non -Ad Valorem Revenues" means all revenues of the City derived from any source
whatsoever other than ad valorem taxation on real and personal property, including, without
limitation, investment income, which are legally available for the payment by the City of debt
service on the Note or other Non -Self -Supporting Revenue Debt, including, without limitation,
legally available non -ad valorem revenues derived from sources subject to a prior pledge thereof
for the payment of other obligations of the City and available after payment of principal and
interest on such other obligations, but excluding revenues derived from the revenues of any
enterprise fund of the City, except to the extent that revenues derived from such sources have been
deposited into the City's General Fund.
"Non -Self -Supporting Revenue Debt" means obligations evidencing indebtedness for
borrowed money, including the Note, (i) the primary security for which is provided by a covenant
of the City to budget and appropriate Non -Ad Valorem Revenues of the City for the payment of
debt service on such obligations, or (ii) primarily secured or payable from another source of funds,
but with respect to which the City has also covenanted to budget and appropriate Non -Ad Valorem
Revenues of the City for the payment of debt service on such obligations, provided that obligations
described in this clause (ii) shall only be considered Non -Self -Supporting Revenue Debt to the
extent the City has included in its budget (by amendment or otherwise) the payment of such Non -
Ad Valorem Revenues pursuant to such covenant to pay debt service on such obligations. "Non -
Self -Supporting Revenue Debt" shall expressly not include indebtedness payable from the
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010 9097-10206WAMERICAs
Ord. No. 26-20-2380
revenues of a utility system, or any other enterprise fund of the City, which are pledged to the
payment of such indebtedness.
"Note" means the City of South Miami, Florida Capital Improvement Revenue Refunding
Note, Series 2020, authorized to be issued by the City in the aggregate principal amount not to
exceed $5,100,000, the form of which is attached as Exhibit "A" hereto.
"Ordinance" means this Ordinance, authorizing the issuance of the Note, as the same may
from time to time be amended, modified or supplemented.
"Permitted Lender" means any bank, trust company, savings institution or insurance
company that is engaged as a regular part of its business in making loans and authorized to do
business in the State.
"Prior Loans" has the meaning assigned to such term in the preambles to this Ordinance.
"Refinanced Loans" means all or a portion of the Prior Loans being prepaid with the
proceeds of the Note, as determined by the City Manager to be in the best interest of the City in
order to achieve debt service savings.
"State" means the State of Florida
Section 3. Authority for Ordinance. This Ordinance is enacted pursuant to the Act. The
City has ascertained and hereby determined that enactment of this Ordinance is necessary to carry
out the powers, purposes and duties expressly provided in the Act, that each and every matter and
thing as to which provision is made herein is necessary in order to carry out and effectuate the
purposes of the City in accordance with the Act and to carry out and effectuate the plan and
purpose of the Act, and that the powers of the City herein exercised are in each case exercised in
accordance with the provisions of the Act and in furtherance of the purposes of the City.
Section 4. Ordinance to Constitute Contract. In consideration of the purchase and
acceptance of the Note by those who shall hold the same from time to time, the provisions of this
Ordinance shall be a part of the contract of the City with the Holder, and shall be deemed to be
and shall constitute a contract between the City and the Holder. The provisions, covenants and
agreements herein set forth to be performed by or on behalf of the City shall be for the benefit,
protection and security of the Holder in accordance with the terms hereof.
Section 5. Authority for Issuance of Note; Designation Under Code; Prepayment of
Refinanced Loans. Subject and pursuant to the provisions hereof, the Loan from the Bank to be
evidenced by a note to be known as "City of South Miami, Florida Capital Improvement Revenue
Refunding Note, Series 2020" is hereby authorized, and the Note is hereby authorized to be issued
in an aggregate principal amount not to exceed Five Million and One Hundred Thousand Dollars
($5,100,000) for the purpose of refinancing the Refinanced Loans and paying the costs of issuance
of the Note and of refinancing the Refinanced Loans.
The Note is hereby designated as a "qualified tax-exempt obligation" under
Section 265(b)(3)(B) of the Code.
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010-9097-IeAMAMERWAS
Ord. No. 26-20-2380
The prepayment of the Refinanced Loans is hereby authorized.
Section 6. Description of Note; Assignment and Transfer of Note. The Note shall be
issued in one (1) typewritten certificate, shall be dated the Dated Date and shall mature on April 1,
2032. The Note shall bear interest from the Dated Date at a fixed interest rate, subject to
adjustment as provided in the Note, of not to exceed 2.00% per annum, such interest rate to be set
forth in the Note. Interest on the Note shall be calculated on the basis of a 360 day year consisting
of twelve thirty day months. Accrued interest on the Note will be payable semiannually on April 1
and October 1 of each year, beginning on April 1, 2021. Principal of the Note will be payable in
annual installments on April 1 of each year, beginning April 1, 2021, as shall be set forth in the
Note. Additional details of the Note shall be as provided in the Note, the form of which Note is
attached hereto as Exhibit "A".
The Note shall be in registered form, contain substantially the same terms and conditions
as set forth in Exhibit "A" hereto, shall be payable in lawful money of the United States of
America, and the principal thereof, interest thereon and any other payments thereunder shall be
payable by check, wire, draft or bank transfer to the Holder at such address as may be provided in
writing by such Holder to the Finance Director. So long as the Note shall remain outstanding, the
City shall maintain and keep books for the registration and transfer of the Note.
The Note may not be assigned or transferred except in whole and in a denomination of not
less than $100,000 to a Permitted Lender, with the prior written consent of the City. In no event
will the Note be assigned or transferred to any kind of trust.
Section 7. Execution of Note. The Note shall be'executed in the name of the City by the
manual signature of the City Manager, the seal of the City shall be imprinted, reproduced or
lithographed on the Note, and the Note shall be attested to by the manual signature of the Clerk. If
any officer whose signature appears on the Note ceases to hold office before the delivery of the
Note, such signature shall nevertheless be valid and sufficient for all purposes. In addition, the
Note may bear the signature of, or may be signed by, such persons as at the actual time of execution
of the Note shall be the proper officers to sign the Note although at the date of the Note or the date
of delivery thereof such persons may not have been such officers.
Section 8. Note Mutilated, Destroyed, Stolen or Lost. If the Note is mutilated,
destroyed, stolen or lost, the City may, in its discretion (i) deliver a duplicate replacement Note,
or (ii) pay a Note that has matured or is about to mature. A mutilated Note shall be surrendered to
and canceled by the Clerk or its duly authorized agent. The Holder must furnish the City or its
agent proof of ownership of any destroyed, stolen or lost Note, post satisfactory indemnity, comply
with any reasonable conditions the City or its agent may prescribe, and pay the City's or its agent's
reasonable expenses.
Any such duplicate Note shall constitute an original contractual obligation of the City
whether or not the destroyed, stolen, or lost Note be at any time found by anyone, and such
duplicate Note shall be entitled to equal and proportionate benefits and rights as to lien on, and
source of and security for payment from, the funds pledged to the payment of the Note so
mutilated, destroyed, stolen or lost
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Ord. No. 26-20-2380
Section 9. Provisions for Prepayment. The Note may be prepaid by the City prior to its
maturity as provided in the Note.
Section 10. Note Not to be General Indebtedness of the City. The Note shall not be or
constitute a general obligation or indebtedness of the City within the meaning of the Constitution
of the State, but shall be payable from and secured solely by the covenant of the City to budget
and appropriate Non -Ad Valorem Revenues, in the manner and to the extent herein and in the Note
provided. No Holder shall ever have the right to compel the exercise of the ad valorem taxing
power of the City or taxation in any form on any real or personal property to pay the Note, the
interest thereon or any other amounts due thereunder, nor shall any Holder be entitled to payment
of such principal, interest or any other amounts due thereunder from any funds of the City other
than the Non -Ad Valorem Revenues, all in the manner and to the extent herein and in the Note
provided. The Holders shall have no lien upon any real or tangible personal property of the City.
Section 11. Covenant to Budget and Appropriate. The City hereby covenants to budget
and appropriate in its Annual Budget, by amendment if necessary, from Non -Ad Valorem
Revenues in each Fiscal Year, sufficient moneys to pay the principal of and interest on the Note
and any other amounts due thereunder in such Fiscal Year, until the Note is paid in full. Such
covenant and agreement on the part of the City shall be cumulative to the extent not paid, and shall
continue until Non -Ad Valorem Revenues or other available funds in amounts sufficient to make
all required payments shall have been budgeted, appropriated and actually paid. Notwithstanding
the foregoing covenant of the City, the City does not covenant to maintain any services or programs
now provided or maintained by the City which generate Non -Ad Valorem Revenues.
Such covenant to budget and appropriate does not create any lien upon or pledge of such
Non -Ad Valorem Revenues nor does it preclude the City from pledging in the future a particular
source or sources of non -ad valorem revenues. Such covenant to budget and appropriate Non -Ad
Valorem Revenues is subject in all respects to the payment of obligations heretofore or hereafter
entered into, including but not limited to the payment of debt service on bonds and other debt
instruments having an express lien on or pledge of such revenues. However, the covenant to budget
and appropriate in its Annual Budget for the purposes and in the manner stated herein shall have
the effect of making available in the manner described herein Non -Ad Valorem Revenues and
placing on the City a positive duty to budget and appropriate, by amendment if necessary, amounts
sufficient to meet its obligations hereunder; subject, however, in all respects to the restrictions of
Section 166.241(3), Florida Statutes, which provides, in part, that the governing body of each
municipality make appropriations for each fiscal year which, in any one year, shall not exceed the
amount to be received from taxation or other revenue sources; and subject further, to the payment
of services and programs which are for essential public services affecting the health, welfare and
safety of the inhabitants of the City or which are legally mandated by applicable law.
Section 12. Operating Budget; Financial Statements. Before the first day of each Fiscal
Year, the Governing Body shall prepare, approve and adopt in the manner prescribed by law, a
detailed Annual Budget. Such Annual Budget shall, subject to Section 11 hereof, provide for
revenues sufficient to comply with the City's obligations hereunder, including any unsatisfied
obligations from prior Fiscal Years. The City shall annually provide to the Bank a copy of the
Annual Budget and the City's audited financial statements prepared in accordance with law and
including the opinion of an independent certified public accountant, each within thirty (30) days
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Ord. No. 26-20-2380
of its completion and, in the case of the audited financial statements, within 270 days of the end
of each Fiscal Year, commencing with the Fiscal Year ending September 30, 2020.
Section 13. Issuance of Additional Non -Self Supporting Revenue Debt. Except with
respect to Non -Self -Supporting Revenue Debt issued to refund existing Non -Self -Supporting
Revenue Debt where the aggregate debt service of the refunding Non -Self -Supporting Revenue
Debt will not be greater than that for the Non -Self -Supporting Revenue Debt being refunded, the
City may incur additional Non -Self -Supporting Revenue Debt only if, as set forth in a certificate
of the Mayor or the City Manager executed prior to the issuance thereof, a copy of which shall be
provided to the Bank, the average amount of Non -Ad Valorem Revenues for the two Fiscal Years
for which audited financial statements are available most recently concluded prior to the proposed
incurrence of the Debt equals or exceeds 1.50 times the Maximum Annual Debt Service in all
future Bond Years on all outstanding Debt and the Debt proposed to be issued.
For purposes of calculating the foregoing, if any Debt bears a rate of interest that is not
fixed for the entire term of the Debt (excluding any provisions that adjust the interest rate upon a
change in tax law or in the tax treatment of interest on the debt or upon a default), then the interest
rate on such Debt shall be assumed to be the higher of (a) the average rate of actual interest bome
by such Debt during the most recent complete month prior to the date of calculation, and (b) (i) for
Debt the interest on which is excluded from gross income of the holders thereof for federal tax
purposes, The Bond Buyer Revenue Bond Index last published in the month preceding the date of
calculation, or (ii) for Debt the interest on which is not excluded from the gross income of the
holders thereof for federal tax purposes, the yield on a U.S. Treasury obligation with a constant
maturity closest to but not before the maturity date of such Debt, as reported in Statistical Release
H.15 of the Federal Reserve on the last day of the month preceding the date of issuance of such
proposed Debt, plus one percent; provided however, that if the City shall have entered into an
interest rate swap or interest rate cap or shall have taken any other action which has the effect of
fixing or capping the interest rate on such Debt for the entire term thereof, then such fixed or
capped rate shall be used as the applicable rate for the period of such swap or cap, and provided
Rather that if The Bond Buyer Revenue Bond Index or Statistical Release H.15 of the Federal
Reserve is no longer available or no longer contains the necessary data, such other comparable
source of comparable data as selected by the Bank shall be utilized in the foregoing calculations.
For the purpose of calculating the foregoing, "balloon indebtedness" (as defined in the
immediately succeeding sentence) shall be assumed to amortize over a period not to exceed 20
years in substantially equal annual payments at the interest rate set forth in the instrument
evidencing such Debt if the interest rate is fixed and, if the interest rate is not fixed, at the rate
calculated pursuant to the immediately preceding sentence and any put or tender rights of a lender
with respect to any Debt shall be ignored and such Debt shall be assumed to mature as otherwise
provided in the instrument evidencing such Debt. "Balloon indebtedness" is any Debt twenty
percent (20/6) or more of the principal amount of which comes due in any single Fiscal Year.
Section 14. Award of Note by Negotiated Sale. Because of the nature of the Note, the
maturity of the Note and the prevailing market conditions, and the recommendations of the
Financial Advisor, the negotiated sale of the Note to the Bank in substantial accordance with the
Bank's proposal delivered to the City (the "Bank's Proposal"), is hereby found to be in the best
interests of the City and, upon compliance with the requirements of Section 218.385, Florida
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Ord. No. 26-20-2380
Statutes, authorized-, provided however, that the provisions of this Ordinance and the Note shall
control to the extent of any conflict with the Bank's Proposal.
Section 15. Modification, Amendment or Supplement. This Ordinance may be
modified, amended or supplemented by the City from time to time prior to the issuance of the Note
hereunder. Thereafter, no modification, amendment or supplement of this Ordinance, or of any
ordinance amendatory hereof or supplemental hereto, may be made without the consent in writing
of the Holder.
Section 16. Tax Compliance. Neither the City, nor any third party over whom the City
has control, will make any use of the proceeds of the Note or of the refinanced capital
improvements at any time during the term of the Note which would cause the Note (i) to be (a) a
"private activity bond" within the meaning of Section 103(b)(1) of the Code, or (b) an "arbitrage
bond" within the meaning of Section 103(b)(2) of the Code, or (ii) not to be a "qualified tax-
exempt obligation" within the meaning of Section 265(b)(3)(B) of the Code. The City covenants
throughout the term of the Note to comply with the requirements of the Code and to take all actions
necessary to maintain the exclusion from gross income for purposes of the Code of interest on the
Note and the status of the Note as a "qualified tax-exempt obligation" to the same extent as on the
date of issuance of the Note. The Finance Director is authorized to execute and deliver a tax
compliance certificate and a Form 8038-G to be filed with the Internal Revenue Service, in the
forms approved by Bond Counsel and the City Attorney.
Section 17. Events of Default; Remedies.
A. Events of Default. Any one or more of the following events shall be an
"Event of Default":
(i) the City shall fail to pay the principal of or interest on the Note when
due;
(ii) the City shall (a) admit in writing its inability to pay its debts
generally as they become due, (b) file (or have filed against it and not dismissed within 90 days) a
petition in bankruptcy or take advantage of any insolvency act, (c) make an assignment for the
general benefit of creditors, (d) consent to the appointment of a receiver for itself or for the whole
or any substantial part of its property, or (e) be adjudicated a bankrupt; or
(iii) the City shall default in the due and punctual performance of any of
its covenants, conditions, agreements and provisions contained herein or in the Note, and such
default shall continue for thirty (30) days after written notice specifying such default and requiring
the same to be remedied shall have been given to the City by the Holder of the Note; provided that
such default shall not be an Event of Default if the City within such 30 day period commences and
carries out with due diligence to completion (although not necessarily within such thirty (30) day
period) such action as is necessary to cure the same.
B. Remedies on Default. If an Event of Default shall have occurred and be
continuing, the Holder may proceed to protect and enforce its rights hereunder by a suit, action or
special proceeding in equity or at law, by mandamus or otherwise, either for the specific
performance of any covenant or agreement contained herein or for enforcement of any proper legal
0104=74628Mcas
Ord. No. 26-20-2380
or equitable remedy as such Holder shall deem most effectual to protect and enforce the rights
aforesaid.
No remedy herein conferred upon or reserved to the Holder is intended to be exclusive of
any other remedy or remedies, and each and every such remedy shall be cumulative, and shall be
in addition to every other remedy given hereunder or now or hereafter existing at law or in equity.
No delay or omission of a Holder to exercise any right or power accruing upon any Event
of Default shall impair any such right or power or shall be construed to be a waiver of any such
Event of Default, or an acquiescence therein; and every power and remedy given by this article
may be exercised from time to time, and as often as may be deemed expeditious by a Holder.
Notwithstanding the foregoing, under no circumstances will the remedies for an Event of
Default include acceleration of the payment of the Note.
Section M General Authority. The officers and employees of the City are hereby
authorized and directed to take all other necessary actions and execute all necessary documents to
carry out the provisions of this Ordinance, including to the extent necessary, an escrow deposit
agreement in connection with the prepayment of the 2006 Loan, in such form as shall be approved
by Bond Counsel and the City Attorney.
Section 19. Severability. If any one or more of the covenants, agreements or provisions
of this Ordinance should be held contrary to any express provision of law or contrary to the policy
of express law, though not expressly prohibited, or against public policy, or shall for any reason
whatsoever be held invalid, then such covenants shall be null and void and shall be deemed
separate from the remaining covenants, agreements or provisions of this Ordinance or of the Note
issued hereunder, which remaining covenants, agreements and provisions shall remain in full force
and effect.
Section 20. No Third -Party Beneficiaries. Except as herein otherwise expressly
provided, nothing in this Ordinance expressed or implied is intended or shall be construed to confer
upon any person, firm or corporation other than the City and the Holder from time to time of the
Note issued hereunder, any right, remedy or claim, legal or equitable, under or by reason of this
Ordinance or any provision hereof, this Ordinance and all its provisions being intended to be and
being for the sole and exclusive benefit of the City and the Holder from time to time of the Note
issued hereunder.
Section 21. Controlling Law; Officials of City Not Liable. All covenants, stipulations,
obligations and agreements of the City contained in this Ordinance and the Note shall be covenants,
stipulations, obligations and agreements of the City to the full extent authorized by the Act and
provided by the Constitution and laws of the State. No covenant, stipulation, obligation or
agreement contained in this Ordinance or the Note shall be a covenant, stipulation, obligation or
agreement of any present or future member, agent, officer or employee of the City or the Governing
Body in his or her individual capacity, and neither the members or officers of the Governing Body
nor any official executing the Note shall be liable personally on the Note or shall be subject to any
personal liability or accountability by reason of the issuance or the execution of the Note by the
City or such members thereof.
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Ord. No. 26-20-2380
Section 22. Repeal of Inconsistent Ordinances. All ordinances or parts thereof in
conflict herewith are, to the extent of such conflict, superseded and repealed.
Section 23. Effective Date. This Ordinance shall become effective immediately upon its
enactment.
PASSED AND ENACTED this I' day of Member, 2020.
ATTEST:
CITY OLERK
In Reading: 8/18/2020
2"d Reading: 9/1/2020
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF:
07 ,+TTORNEY
Ito]
APPROTED:
COMMISSION VOTE: 5-0
Mayor Philips:
Yea
Vice Mayor Welsh:
Yea
Commissioner Liebman:
Yea
Commissioner Hams:
Yea
Commissioner Gil:
Yea
"10-W-162WWAMERICAS
REGISTERED
No. R-1
REGISTERED
$4,988,000
UNITED STATES OF AMERICA
STATE OF FLORIDA
CITY OF SOUTH MIAMI, FLORIDA
CAPITAL IMPROVEMENT REVENUE REFUNDING NOTE, SERIES 2020
Date of
Interest Rate Maturity Date Original Issuance
1.327%v April 1, 2032 September 16, 2020
REGISTERED OWNER: JPMORGAN CHASE BANK, N.A.
PRINCIPAL AMOUNT: FOUR MILLION NINE HUNDRED EIGHTY EIGHT
THOUSAND DOLLARS
KNOW ALL MEN BY THESE PRESENTS, that the City of South Miami, Florida, a
municipal corporation of the State of Florida (hereinafter called the "City") for value received,
hereby promises to pay to the Registered Owner identified above, or to registered assigns or legal
representatives, but solely from the revenues hereinafter mentioned, on the dates hereinafter
provided, the Principal Amount identified above, and to pay, solely from such revenues, interest
on the Principal Amount remaining unpaid from time to time, at the interest rate per annum set
forth herein (the "Note Rate"), until the entire Principal Amount has been repaid. Principal of and
interest on this Note will be paid by bank wire, check, draft or bank transfer delivered to the
Registered Owner hereof at such address as may be provided in writing by the Registered Owner
to the City no later than the close of business on the fifteenth day next preceding each Payment
Date (as defined below). Interest on this Note shall be calculated on the basis of a 360 day year
consisting of twelve thirty day months.
Payments of accrued interest will be due on April 1 and October 1 of each year, beginning
April 1, 2021 (each, an "Interest Payment Date"). Payments of principal on this Note will be due
on April 1 of each year, beginning April 1, 2021, in accordance with Schedule 1 attached hereto.
Each date when principal and/or interest on this Note is due is a "Payment Date." If any
Payment Date is not a Business Day, the payment otherwise due on such Payment Date shall be
due on the next succeeding Business Day as if paid on such Payment Date.
Upon the occurrence and during the continuance of an Event of Default (as defined in the
Ordinance defined below), this Note shall bear interest at the Note Rate plus 2% per annum.
This Note may be prepaid by the City, at its option, prior to its maturity, in whole or in
part, and if in part, in multiples of $5,000 and credited against the principal amounts due as set
forth in Schedule 1 in inverse order, on or after April 1, 2024, on any Interest Payment Date, in an
amount equal to 100% of the principal amount being prepaid, without premium, upon not less than
45 days' written notice to the Registered Owner.
This Note is issued in the principal amount of $4,988,000 to refinance the Refinanced
Loans (as defined in the Ordinance), pursuant to the authority of and in full compliance with the
Constitution and laws of the State of Florida, including particularly Article VIII, Section 2 of the
Constitution of the State of Florida, Chapter 166, Florida Statutes and the Charter of the City
(collectively, the "Act"), and Ordinance No. 26-20-2380, enacted by the Mayor and City
Commission of the City on September 1, 2020 (the "Ordinance").
This Note and the interest hereon and any other amount due hereunder are secured by City's
covenant to budget and appropriate in each Fiscal Year from its Non -Ad Valorem Revenues,
sufficient moneys to pay the principal of and interest on this Note and any other amounts due
hereunder, until this Note has been paid in full, as more particularly set forth in the Ordinance.
Reference is hereby made to the Ordinance for the provisions, among others, relating to the terms
and security for the Note, the rights and remedies of the Registered Owner of the Note and the
limitations thereon, and the extent of and limitations on the City's rights, duties and obligations,
to all of which provisions the Registered Owner hereof for himself and his successors in interest
assents by acceptance of this Note. All terms used herein in capitalized form, unless otherwise
defined herein, shall have the meanings ascribed thereto in the Ordinance.
This Note has been designated by the City as a "qualified tax-exempt obligation" under
Section 265(b)(3)(B) of the Internal Revenue Code of 1986, as amended (the "Code").
If for any reason this Note loses its "qualified tax-exempt obligation" status under
Section 265(b)(3)(B) of the Code (an "Event of BQ Loss"), this Note shall bear interest from the
earliest effective date of such Event of BQ Loss at the Non-BQ Rate (hereinbelow defined).
No Event of BQ Loss shall be deemed to occur unless the City has been given timely
written notice of such occurrence by the Registered Owner and, to the extent permitted by law, an
opportunity to participate in and seek, at the City's own expense, a final administrative
determination by the Internal Revenue Service or determination by a court of competent
jurisdiction (from which no further right of appeal exists) as to the occurrence of such Event of
BQ Loss; provided that the City, at its own expense, delivers to the Registered Owner an opinion
cf bond counsel acceptable to such Registered Owner to the effect that such appeal or action for
judicial or administrative review is not without merit and there is a reasonable possibility that the
judgment, order, ruling or decision from which such appeal or action for judicial or administrative
r-.view is taken will be reversed, vacated or otherwise set aside.
"Non-BQ Rate" shall mean, upon an Event of BQ Loss, the interest rate per annum that
shall provide the Registered Owner with the same after tax yield that the Registered Owner would
have otherwise received had the Event of BQ Loss not occurred, taking into account the inability
of the Registered Owner to deduct a portion of its carrying cost for this Note as a result of such
Event of BQ Loss. The Registered Owner shall provide the City with a written statement
explaining the calculation of the Non-BQ Rate, which statement shall, in the absence of manifest
error, be conclusive and binding on the City.
2
C10-9109-1213/21AMERICAS
If for any reason the interest on this Note becomes includable in the gross income of the
Registered Owner for Federal income tax purposes (an "Event of Taxability"), this Note shall bear
interest from the earliest effective date of such Event of Taxability at the Taxable Rate
(hereinbelow defined).
No Event of Taxability shall be deemed to occur unless the City has been given timely
written notice of such occurrence by the Registered Owner and, to the extent permitted by law, an
opportunity to participate in and seek, at the City's own expense, a final administrative
determination by the Internal Revenue Service or determination by a court of competent
jurisdiction (from which no further right of appeal exists) as to the occurrence of such Event of
Taxability; provided that the City, at its own expense, delivers to the Registered Owner an opinion
of bond counsel acceptable to such Registered Owner to the effect that such appeal or action for
judicial or administrative review is not without merit and there is a reasonable possibility that the
judgment, order, ruling or decision from which such appeal or action for judicial or administrative
review is taken will be reversed, vacated or otherwise set aside.
"Taxable Rate" shall mean, upon an Event of Taxability, the interest rate per annum that
shall provide the Registered Owner with the same after tax yield that the Registered Owner would
have otherwise received had the Event of Taxability not occurred, taking into account the increased
taxable income of the Registered Owner as a result of such Event of Taxability. The Registered
Owner shall provide the City with a written statement explaining the calculation of the Taxable
Rate, which statement shall, in the absence of manifest error, be conclusive and binding on the
city.
THIS NOTE SHALL NOT BE DEEMED TO CONSTITUTE A GENERAL DEBT OR A
PLEDGE OF THE FAITH AND CREDIT OF THE CITY, OR A DEBT OR PLEDGE OF THE
FAITH AND CREDIT OF THE STATE OF FLORIDA OR ANY POLITICAL SUBDIVISION
THEREOF WITHIN THE MEANING OF ANY CONSTITUTIONAL, LEGISLATIVE OR
CHARTER PROVISION OR LIMITATION, AND IT IS EXPRESSLY AGREED BY THE
REGISTERED OWNER OF THIS NOTE THAT SUCH REGISTERED OWNER SHALL
NEVER HAVE THE RIGHT, DIRECTLY OR INDIRECTLY, TO REQUIRE OR COMPEL
THE EXERCISE OF THE AD VALOREM TAXING POWER OF THE CITY OR ANY OTHER
POLITICAL SUBDIVISION OF THE STATE OF FLORIDA OR TAXATION IN ANY FORM
ON ANY REAL OR PERSONAL PROPERTY FOR THE PAYMENT OF THE PRINCIPAL OF,
AND INTEREST ON THIS NOTE OR FOR THE PAYMENT OF ANY OTHER AMOUNTS
PROVIDED FOR IN THE ORDINANCE.
This Note shall be and have all the qualities and incidents of negotiable instruments under
the law merchant and the Uniform Commercial Code of the State of Florida, subject to the
assignment provisions contained herein and in the Ordinance.
It is further agreed between the City and the Registered Owner of this Note that this Note
and the indebtedness evidenced hereby shall not constitute a lien upon any real or tangible personal
property of or in the City. Neither the members of the governing body of the City nor any person
executing the Note shall be liable personally on the Note by reason of its issuance.
3
010-9109-1213/2/AMER ICAS
This Note may not be assigned by the Registered Owner except as provided in Section 6
of the Ordinance. Such assignment shall only be effective, and the City obligated to pay such
assignee, upon delivery to the Finance Director at the address set forth below of a written
instrument or instruments of assignment in the form provided herein, duly executed by the
Registered Owner or by his attorney -in -fact or legal representative, containing written instructions
as to the details of assignment of this Note, along with the social security number or federal
employer identification number of such assignee. In all cases of an assignment of this Note the
City shall at the earliest practical time enter the change of ownership in the registration books;
provided, however, the written notice of assignment must be received by the Finance Director no
later than the close of business on the fifteenth day prior to a Payment Date in order for the assignee
to receive the interest and principal payment due on such Payment Date. The City may
conclusively rely on the authenticity of any Form of Assignment delivered to it in accordance with
this paragraph and accompanied by the original of the Note to which it relates. The City may
charge the Registered Owner for the registration of every such assignment of the Note an amount
sufficient to reimburse it for any tax, fee or any other governmental charge required to be paid,
except for any such governmental charge imposed by the City, with respect to the registration of
such assignment, and may require that such amounts be paid before any such assignment of the
Note shall be effective.
Any notice required to be given to the Bank hereunder shall be given to JPMorgan Chase
Bank, N.A. at 1450 Brickell Avenue, Miami, Florida 33131, Attention: Creedence Gonzalez, Vice
President, or such other address or addresses as the Bank shall provide the City in writing. In the
event of an assignment of this Note, any payment or notice required to be given to the Registered
Owner hereunder shall be given to the Registered Owner at the address or addresses shown on the
Form of Assignment hereto, or such other address or addresses as the Registered Owner shall
provide the City in writing. Any notice required to be given to the City hereunder shall be given
to the Finance Director at 6130 Sunset Drive, South Miami, Florida 33143, or such other address
or addresses as the City shall provide the Bank or any future holder of this Note in writing
It is hereby certified and recited that all acts, conditions and things required to exist, to
happen, and to be performed precedent to and in the issuance of this Note exist, have happened
and have been performed in regular and due form and time as required by the laws and Constitution
of the State of Florida applicable hereto, and that the issuance of the Note does not violate any
constitutional or statutory limitation or provision.
[Remainder of Page Intentionally Left Blank]
4
C 10-9109-1213/2/AMER ICAS
IN WITNESS WHEREOF, the City has caused this Note to be executed in its name as of
the date hereinafter set forth.
The date of this Note is September 16, 2020.
(SEAL)
ATTEST:
By:
City d&rk
READ AND APPROVED AS TO FORM,
LANGUAGE,JZG')LLITY AND
EXEC OF:
E
CITY OF SOUTH NIIAMI, FLORIDA
By:
City Manager
010-9109-1213/2/AMERICAS
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto
the within Note and all rights
thereunder, and hereby irrevocably constitutes and appoints
attorney to transfer the within Note in the books kept by the City for the registration thereof, with
full power of substitution in the premises.
Dated:
SOCIAL SECURITY NUMBER OR
FEDERAL IDENTIFICATION NUMBER
OF ASSIGNEE
NOTICE: The signature of this assignment
must correspond with the name as it appears
upon the within Note in every particular, or
any change whatever.
Abbreviations
The following abbreviations, when used in the inscription on the face of the within Note,
shall be construed as though they were written out in full according to the applicable laws or
regulations.
TEN COM - as tenants in common
TEN ENT - as tenants by the entireties
JT TEN - as joint tenants with the right of survivorship and not as tenants in common
T TN nR M TR AN4 MTN ACT- Custodian for
(Gust)
Under Uniform Transfers to Minors Act
of
(State)
(Minor)
Additional abbreviations may also be used though not in the above list.
Name and address of assignee for payment and notice purposes
Notice:
Date:
Payment:
Assignee: -
By:
Title:
010-9109-121 aOAMERiCAS
SCHEDULE 1
Payment Date Principal Amount Due
April 1, 2021
April 1, 2022
April 1, 2023
April 1, 2024
April 1, 2025
April 1, 2026
April 1, 2027
April 1, 2028
April 1, 2029
April 1, 2030
April 1, 2031
April 1, 2032
A-7
20
010-9097-1626/3/A M ER I CAS
City of South Miami, Florida
Preliminary Refunding Summary Analysis (2006 & 2015 Loans)
Scenairo: Existing
Preliminary
Series rr
New Loan Statistics (Series 2020)
Principal Amount
$5,004,000
Maturity
4/1/2032
Estimated Closing Costs
$65,665
Interest Rate
1.28%
All -In True Interest Cost
1.48%
Refunded Loans Statistics (Series 2006 & Series 2015)
Principal Refunded
$4,859,000
Maturities Refunded
10/1/2020- 10/1/2036
Average Interest Rate Refunded
3.32%
Prepayment
Without Penalty
Refunding Savings Statistics
Net PV Savings ($) I
I
$553,216
Net PV Savings (as % of Refunded Principal)
11.39%
Aggregate Debt Service Comparison (including unrefunded Series 2012 loan)
Fiscal Year (ending 9/30)
Debt Svc
Debt Svc Difference
2021
1,160,065
999,002 161,064
2022
1,163,181
1,049,833 113,349
2023
1,156,877
1,049,589 107,288
2024
1,154,449
1,049,386 105,062
2025
1,156,005
1,049,361 106,644
2026
1,154,168
1,049,286 104,882
2027
1,151,736
1,049,840 101,895
2028
462,730
604,164 (141,434)
2029
466,776
603,918 (137,142)
2030
465,316
604,582 (139,266)
2031
458,576
604,144 (145,568)
2032
459,528
603,617 (144,089)
2033
97,550
- 97,550
2034
93,950
- 93,950
2035
95,238
- 95,238
2036
96,300
- 96,300
2037
97,138
- 97,138
Total
10,889,580
10,316,722 572,858
-Analysis is preliminary and subject to change, and assumes closing on September 18, 2020.
-Series 2020 interest rate is indicative and subject to change as of 8/13/2020.
-Net present value savings calculated using All -in TIC of scenario.
-Aggregate debt service comparison includes debt service on unrefunded Series 2011 loan.
Preliminary and subject to change 21
Agenda ftem No:4.
City Commission Agenda Item Report
Meeting Date: September 1, 2020
Submitted by: Alfredo Riverol
Submitting Department: Finance Department
Rem Type: Ordinance
Agenda Section:
Subject:
An Ordinance authorizing a Loan to be evidenced by the issuance of Capital Improvement Revenue Refunding
Note, Series 2020, in the principal amount not to exceed $5,100,000, for the purpose of refinancing certain of
the City's outstanding indebtedness and paying the costs of issuance of the Note and of refinancing such
indebtedness; covenanting to annually budget and appropriate funds from Non -Ad Valorem Revenues to repay
such Note; providing the form, terms and details of the Note; awarding the Note to JPMorgan Chase Bank, N.A.
by negotiated sale; making certain covenants and agreements in connection therewith; authorizing and directing
officers and employees of the City to take all necessary actions and execute all necessary documents. 4/5 (City
Manager -Finance Dept.)
Suggested Action:
Attachments:
Memo for Refinancing JPMorgan 2020 FINAL.docx
Ord inance= _5eries_2020_Capital_Improv._Rev._Refunding_Note.docx
South Miami - Preliminary 2020 Loan Refunding Summary 8-13-2020.pdf
Miami Herald Ad.pdf
S(outhOmiami
THE CITY OF PLEASANT I n I'.�
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER -OFFICE MEMORANDUM
To: The Honorable Mayor & Members of the City Commission
From: Shari Karnali, City Manager
Date: August 18, 2020
SUBECT: An Ordinance authorizing a Loan to be evidenced by the issuance of Capital
Improvement Revenue Refunding Note, Series 2020, in the principal amount not
to exceed $5,100,000, for the purpose of refinancing certain of the City's
outstanding indebtedness and paying the costs of issuance of the Note and of
refinancing such indebtedness; covenanting to annually budget and appropriate
funds from Non -Ad Valorem Revenues to repay such Note; providing the form,
terms and details of the Note; awarding the Note to JPMorgan Chase Bank, N.A.
by negotiated sale; making certain covenants and agreements in connection
therewith; authorizing and directing officers and employees of the City to take all
necessary actions and execute all necessary documents.
BF CKGROUND: The City of South Miami with the assistance of the City's Financial Advisor
HilltopSecurities requested bank proposals to refund a portion or all of the City's
2006 and 2015 loans. The City received two qualified proposals by the deadline
of August 7, 2020 from JPMorgan Chase Bank, N.A. and Truist Bank (the new bank
resulting from the merger of SunTrust and BB&T).
The following provides a comparison of the proposed interest rates and
prepayment flexibility for the 2032 term option requested.
2032 Term Option
Bank
Interest Rate
Prepayment
JPMorgan
(A)1.044%-
(A) No prepayment ability
Bank N.A.
(B)1.195%*
(B) No prepayment ability
"Indicative as of
prior to 4/1/2024, and then
August 7, 2020
prepayment without penalty
Truist
1.79%
Prepayment with 1% penalty
Bank
in whole at any time or no
prepayment ability for first
half of term and without
penalty thereafter
The proposed ordinance authorizes the issuance of the Series 2020 Note to
JPMorgan Chase Bank, N.A. This recommendation is based upon the attractive
indicative interest rate proposed for the 2032 term as well as the flexibility
2
provided to the City for prepayment of the loan on and after April 1, 2024 without
penalty (Option B).
The City of South Miami has previously financed and refinanced certain capital
improvements in the City with the proceeds of (i) a loan from the Florida
Municipal Loan Council (the "FMLC") pursuant to a Loan Agreement, dated as of
December 1, 2006, between the City and FMLC, currently outstanding in the
principal amount of $1,145,000, and (ii) a loan from Branch Banking and Trust
Company evidenced by the City's Capital Improvement Revenue Refunding Note,
Series 2015, dated May 28, 2015, currently outstanding in the principal amount
of $3,714,000.
The City desires to obtain a loan to be evidenced by its Capital Improvement
Revenue Refunding Note, Series 2020, in the principal amount not to exceed
$5,100,000, to refinance all or a portion of the prior loans in order to achieve debt
service savings. Based upon an updated indicative interest rate from JPMorgan
Chase Bank as of August 13, 2020 (1.278%), the refunding is estimated to provide
net present value debt service savings of approximately $550,000 (preliminary
and subject to change).
ATTACHMENTS: Ordinance - Series 2020 Capital Improv. Rev. Refunding Note
HilltopSecurities Preliminary Series 2020 Refunding Summary (as of 8-13-2020)
K3
Ord. No.
1 Section 22. Repeal of Inconsistent Ordinances. All ordinances or parts thereof in
2 conflict herewith are, to the extent of such conflict, superseded and repealed.
3 Section 23. Effective Date. This Ordinance shall become effective immediately upon its
4 enactment.
k,
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
PASSED AND ENACTED this day of , 2020.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF:
CITY ATTORNEY
10
APPROVED:
MAYOR
COMMISSION VOTE:
010-9097-1626/3/A M E R I CAS
13
91NDAY AUGUST D 1020
wAAINEMLe1011
Kalia Dodd, a fourth -grade Girl Scout from Miramar,
showcases her patch and solar Car after she completed
NextEra Energy's Renewable Energy STEM Patch Program
earlier this month. FPL and NextEra partnered with Girl
Scouts of Southeast Florida.
umphs."
BOOKBAG GIVEAWAY
Miami -Dade Cowry
Commission Chairwoman
Audrey Edmonson recent-
ly hosted her 14th annual
District 3 Back to School
Bookbag Giveaway, which
took place earlier this
month.
Due to coronavirus
restrictions, the giveaway
was a drive -through at the
Joseph Caleb Center. Mo-
torists lined up and
opened their trunks to
receive backpacks filled
with school supplies,
along with Census 2020
coloring books and in-
formation from Florida
Heiken Children's Vision
Program. In total, more
than 2,000 backpacks
were distributed and do -
noted to schools.
"We're ensuring chil-
dren are well supplied for
school regardless of their
parents' financial circum-
stances," Edmonson said.
"Whether children are
going face to face with
their seaming this year or
virtual, they still need
their supplies, and fam-
ilies still are in need of
help because of CO-
VID-19."
Edmonson was joined
by her staff and volun-
NEIGHBORS
teers from various organi-
zations, including Miami
Power House Church, the
Miami Children's Initia-
tive, and Antler Temple
u39 of the Elks.
MDC RECEIVES MORE
THAN $2 MILLION IN
GRANTS
The U.S. Department of
Education gave $2.7 mil-
lion in grants to support
Miami Dade College's
TRIO Support Services
Program. The school's
Homestead campus re-
ceived $1.3 million, and
the North campus re-
ceived $1.4 million.
TRIO Support Services
Programs offers students
ongoing interaction with
academic advisors and
counselors, educational
and cultural activities,
financial aid opportuni-
ties, tutoring services and
career advisement.
For information on
MDC's TRIO Programs at
the Homestead and North
campuses, visit
https://www.mde.edu/
north/trio/
Miami -Dade County Commission Chairwoman Audrey
Edmonson, above, recently hosted her Mth annual District
3 Back to School Bookbag Giveaway earlier this month.
This year, due to COVID-19, the event was a drive -through
at the Joseph Caleb Center.
CITY OF SOUTH MIAMI, FLORIDA
NOTICE OF PUBLIC HEARINGS
75E
In accc rdancealith CltyofSouth Miami Code, Chapter286.011, Fla. Stat, theCity's
Home Rule Powers, and the City Manager's declaration of state of emergency
due to the Coronavirus, the City will be holding its City Commission Meeting
VIRTUALLY. The meeting is scheduled to begin on Tuesday. September 1.
2020 at 7,00 p.m. to Consider the following public hearing item(s):
A Resolution authorizing the City Manager to enter into a contract with
Redflex Traffic Systems, Inc. for continued red light Camera enforcement
with right to terminate without cause upon 30 days notice.
An Ordinance authorizing a Loan to be evidenced by the Issuance of
Capital Improvement Revenue Refunding Note, Series 2020, in the
principal amount not to exceed S5,100,000, for the purpose of refinancing
certain of the City's outstanding indebtedness and paying the costs of
Issuance of the Note and of refinancing such Indebtedness; covenanting
to annually budget and appropriate funds from Non -Ad Valorem Revenues
to repay such Note; providing the form, terms and details of the Note;
awarding the Note to JPMorgan Chase Bank, N.A. by negotiated sale;
making certain covenants and agreements in connection therewith;
authorizing and directing officers and employees of the City to take all
necessary actions and execute all necessary documents.
City staff and all Commission members will participate by video conferencing
through the Zoom platform and members of the public may join the meeting via
Zoom at (htos //zoom.usli/3056636338) and participate. If you desire to present
evidence or you are unable to use Zoom, there are procedures to follow and
other options available including a dedicated phone line to listen and participate
in the meeting and limited public attendance, all of which is set forth in the
meeting notice posted at City Hall and at htt0-f/wwwsouthmiamif.agvi5801
Public -Meetings -Notices. Anyone who wishes to review pending application
and supporting documentation in person must make an appointment by calling
305-663-6340.
Neale mole that Gpvernor DeSanlis'a Exeetrtive Order Number 2a69 suspended! the mmeiremente of seaman
166.M1(4). Ile, Stet. Nat a quorum to he present in person, and that a local tme¢mment bendy meet at a
apeHAcpebacplate. The EaeoAve Orderalso albwe pealgovemment bodies pudtlae deforha pli. media
technology, sum as telephonic and video oonlerendng such as Zoom for meetings of local government oodles.
Note that persuanl to nmida Staves 286.01o5. a person who detldea to appeal any detispn made by a
Board, Agenry or Commission with respell to any matter considered at Its meeti,g or hapeng, a record of the
proceediMs xis oe required for sad appeal are sum person Cop he required to have a vemesvn tanser" of
the proceedings Including the Ieslimony and evidence upon which the appeal is to be based.
fiCk To redhead a modification to a pam,, pre diee or prvcetlure or to reopen an auuliary We or avrvico
h order to paNtlpale In a City program, aeorty or event, you near on or before 4:00 p.m. 3 Witness days
before the meeting (not counting the day of the meeting) deliver your request to the City Clerk by teleameme:
3 63EMo, oy mar at 6130 Sunsel Drive, SmM Miaml. Florida or moll at npeyneitsou rumen A.gw.
Nkenga A. Payne, CMG
City Clerk
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