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HomeMy WebLinkAboutCity of Tamarac Resolution R-2016-124Temp Reso. #12880 -November 9, 2016 Page 1 Revision #1- October 20, 2016 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2016-AV A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AUTHORIZING A NOT TO EXCEED $6,000,000 INTERIM INTERFUND LOAN TO FINANCE THE COSTS OF THE ACQUISITION, CONSTRUCTION, RECONSTRUCTION AND EQUIPPING OF A CITY -OWNED GOLF CLUBHOUSE AND CART BARN AND ESTABLISHING ITS INTENT TO REIMBURSE SUCH CAPITAL EXPENDITURES INCURRED WITH PROCEEDS OF A LONG-TERM TAXABLE FINANCING TO REPAY SUCH INTERIM INTERFUND LOAN; PROVIDING CERTAIN OTHER MATTERS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Tamarac, Florida (the "City") has determined that the need exists to acquire, construct, reconstruct and equip a City -owned golf clubhouse and cart barn in accordance with plans on file at the offices of the City, as such plans may be modified from time to time (collectively, the "Project"); and WHEREAS, until the cost of the Project is known and taking into account transaction costs, interest rates and investment return, the City has determined that it is in the best interests of its citizens to make an interim interfund loan in an amount not to exceed $6,000,000 (the "Interim Interfund Loan"), based on the terms described herein, from the Stormwater Fund (also referred as the Surplus Fund in Resolution No. R-2009-95 adopted by the City Commission of the City on July 22, 2009, as amended and supplemented from time to time) to the Golf Course Fund in order to finance the costs of the Project on an interim basis; and WHEREAS, such Interim Interfund Loan is not inconsistent with the bond covenants of the City in connection with its Stormwater System Refunding Revenue Bond, Series 2009 (the "2009 Bond"), as evidenced by the executed Bond Covenant Waiver Certificate attached hereto as Exhibit A; and WHEREAS, once such Project costs are known, it is the present intent of the City that the Interim Interfund Loan will be repaid with proceeds of long-term taxable debt at which time the Stormwater Fund will be reimbursed, with interest; and WHEREAS, the City desires to hereby evidence such intent to reimburse the costs of the Project through the incurrence of taxable debt. 25233/014/01160123.DOCv1 Temp Reso. #12880 -November 9, 2016 Page 2 Revision #1- October 20, 2016 BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY AS FOLLOWS: Section 1. Authori1y. This Resolution (the 'Resolution") is adopted pursuant to the provisions of Article VIII, Section 2 of the Constitution of the State of Florida, Chapter 166, Part II, Florida Statutes, Chapter 159, Part VII, Florida Statues, the municipal charter of the City and other applicable provisions of law (collectively, the "Act"). Section 2. Interfund Loan. The City hereby loans not to exceed $6,000,000 from the Stormwater Fund to the Golf Course Fund in order to finance the costs of the Project. The interest rate on the Interim Interfund Loan described in this section is equal to the interest rate on the 2009 Bond (4.15%, as adjusted as described therein). The maximum term on the Interim Interfund Loan shall be five (5) years. The principal on the Interim Interfund Loan is payable or prepayable in whole or in part at any time, at the City's option. Section 3. Declaration of Intent. The City hereby expresses its intention to reimburse the Stormwater Fund from proceeds of a future taxable financing for capital expenditures to be paid by the City in connection with the incurrence of debt for the purpose of financing the costs of the Project. The City expects to use proceeds of the Interim Interfund Loan to pay such costs including but not limited to capital expenditures, costs of design and engineering, and other costs associated with the incurrence of debt. It is reasonably expected that the total amount of debt to be incurred by the City with respect to the costs of the Project will not exceed $6,000,000. This Resolution is intended to constitute a "declaration of official intent" within the meaning of the Act, with respect to the debt incurred, in one or more financings, to finance the cost of the Project. Section 4. Severability. If any one or more of the covenants, agreements or provisions of this Resolution 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, agreements or provisions shall be null and void and shall be deemed separate from the remaining covenants, agreements or provisions of this Resolution. Section 5. Repealer. This Resolution supersedes all prior actions of the City inconsistent herewith. All resolutions or portions thereof in conflict with the provisions of this Resolution are hereby repealed to the extent of any such conflict. 25233/014/01160123.DOCvl [Remainder of page intentionally left blank] K Temp Reso. #12880 -November 9, 2016 C Page 3 Revision #1 - October 20, 2016 Section 5. Effective Date. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 9th day of November, 2016. CITY OF TAMARAC, FLORIDA (SEAL) �_ By: Name: Harry Dressler Title: Mayor ATTEST: By: �W;Alw& 0 1 Name: Patricia A. Teufel, CM Title: City Clerk RECORD OF COMMISSION VOTE: MAYOR DRESSLER _6 DIST 1: COMM.BUSHNELL DIST 2: COMM. GOMEZ aw— DIST 3: V/M. GLASSER DIST 4: COMM. PLACKO I HEREBY CERTIFY that I have approved this Resolution as to form. By: Name: Samuel S. Goren Title: City Attorney 25233/014/01160123.DOCv1 3 Temp Reso. #12880 -November 9, 2016 Page 4 Revision #1— October 20, 2016 EXHIBIT A BOND COVENANT WAIVER CERTIFICATE 25233/014/01160123. DOCv1 E C Exhibit A