Miami-Dade Legislative Item
File Number: 020970
   

File Number: 020970 File Type: Ordinance Status: Adopted
Version: 0 Reference: 02-82 Control: County Commission
File Name: PUBLIC SERVICE TAX REVENUE BONDS Introduced: 4/4/2002
Requester: Finance Department Cost: Final Action: 5/21/2002
Agenda Date: 5/21/2002 Agenda Item Number: 4F
Notes: SHOULD ALSO APPEAR ON UMSA Title: ORDINANCE AUTHORIZING ISSUANCE OF NOT TO EXCEED $60,000,000 OF MIAMI-DADE COUNTY, FLORIDA PUBLIC SERVICE TAX REVENUE BONDS (UMSA PUBLIC IMPROVEMENTS), SERIES 2002, PURSUANT TO SECTION 208 OF ORDINANCE NO. 96-108, ENACTED ON JULY 2, 1996, IN ONE OR MORE SERIES, FOR PURPOSE OF PAYING OR REIMBURSING COUNTY FOR COSTS OF CERTAIN CAPITAL PROJECTS LOCATED IN UNINCORPORATED AREAS OF COUNTY, FUNDING RESERVE FUND, INCLUDING RESERVE FUND FACILITY, IF ANY, FUNDING CAPITALIZED INTEREST, IF NECESSARY, AND PAYING COSTS OF ISSUANCE, INCLUDING COSTS FOR BOND INSURANCE POLICY AND RESERVE FUND FACILITY, IF ANY; PROVIDING THAT DETAILS, TERMS AND OTHER MATTERS RELATING TO SERIES 2002 BONDS BE DETERMINED IN SUBSEQUENT SERIES RESOLUTION; AMENDING CERTAIN PROVISIONS OF SAID ORDINANCE NO. 96-108 RELATING TO SOURCES OF SECURITY AND PAYMENT FOR BONDS; AND PROVIDING FOR SEVERABILITY AND EFFECTIVE DATE [SEE AGENDA ITEM NO. 6E1B]
Indexes: TAX REVENUES
Sponsors: NONE
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 5/21/2002 4F Adopted P

UMSA (Unincorporated Municipal Services Area)Cmte 5/16/2002 3C Forwarded to BCC with a favorable recommendation P

Ways and Means Committee 5/14/2002 3F Forwarded to BCC P

Board of County Commissioners 4/23/2002 13E Adopted on first reading 5/21/2002 P

County Attorney 4/4/2002 Assigned Howard W. Whitaker 4/5/2002

County Manager 4/4/2002 Assigned County Attorney 4/23/2002
REPORT: FINANCE DEPARTMENT (W&M + UMSA)

Legislative Text


TITLE
ORDINANCE AUTHORIZING ISSUANCE OF NOT TO EXCEED $60,000,000 OF MIAMI-
DADE COUNTY, FLORIDA PUBLIC SERVICE TAX REVENUE BONDS (UMSA PUBLIC
IMPROVEMENTS), SERIES 2002, PURSUANT TO SECTION 208 OF ORDINANCE NO. 96-
108, ENACTED ON JULY 2, 1996, IN ONE OR MORE SERIES, FOR PURPOSE OF PAYING
OR REIMBURSING COUNTY FOR COSTS OF CERTAIN CAPITAL PROJECTS LOCATED
IN UNINCORPORATED AREAS OF COUNTY, FUNDING RESERVE FUND, INCLUDING
RESERVE FUND FACILITY, IF ANY, FUNDING CAPITALIZED INTEREST, IF NECESSARY,
AND PAYING COSTS OF ISSUANCE, INCLUDING COSTS FOR BOND INSURANCE
POLICY AND RESERVE FUND FACILITY, IF ANY; PROVIDING THAT DETAILS, TERMS
AND OTHER MATTERS RELATING TO SERIES 2002 BONDS BE DETERMINED IN
SUBSEQUENT SERIES RESOLUTION; AMENDING CERTAIN PROVISIONS OF SAID
ORDINANCE NO. 96-108 RELATING TO SOURCES OF SECURITY AND PAYMENT FOR
BONDS; AND PROVIDING FOR SEVERABILITY AND EFFECTIVE DATE.

BODY
WHEREAS, Miami-Dade County, Florida (the "County"), pursuant to Ordinance No. 96-108
enacted by the Board of County Commissioners of Miami-Dade County, Florida (the "Board") on
July 2, 1996 (the "Original Ordinance" and as amended by this Ordinance, the "Master Ordinance"),
and Resolution No. R-923-96 adopted by the Board on July 16, 1996, has previously issued
$56,200,000 Dade County, Florida Public Service Tax Revenue Refunding Bonds, Series 1996,
currently outstanding in the aggregate principal amount of $18,445,000, and pursuant to the Original
Ordinance and Resolution No. R-1415-98 adopted by the Board on December 15, 1998, has
previously issued $77,640,000 Miami-Dade County, Florida Public Service Tax Revenue Bonds
(UMSA Public Improvements), Series 1999, currently outstanding in the aggregate principal amount
of $71,295,000 (collectively, the "Outstanding Bonds"); and

WHEREAS, the Master Ordinance authorizes the County to issue additional bonds (the "Additional
Bonds") on a parity with the Outstanding Bonds payable from the Pledged Funds, as defined in the
Master Ordinance, for the purpose of paying all or any part of the Costs of the Project, as defined
in the Master Ordinance, with respect to any capital projects located in the unincorporated areas of
the County as authorized by subsequent ordinance or resolution; and

WHEREAS, the Board has determined at this time that it is in the best interests of the County and
its citizens to authorize the issuance of Additional Bonds in an aggregate principal amount not to
exceed $60,000,000 under the provisions of Section 208 of the Master Ordinance for the purpose
of paying or reimbursing the County for all or a portion of the Costs of the Project with respect to
certain capital projects exclusively located in the unincorporated areas of the County and more
particularly described in this Ordinance (collectively, the "Series 2002 Project"); and

WHEREAS, effective October 1, 2001, the Legislature of the State of Florida (i) repealed the
authorization for the levy by municipalities, including the County, of the Public Service Tax (as
defined in the Original Ordinance) on telecommunications services, which constitutes a portion of
the Pledged Funds, and (ii) pursuant to Section 202. 19, Florida Statutes, authorized each county
and municipality, including the County, to levy by ordinance a discretionary local communications
services tax on communications services, all as more specifically provided in Chapter 202, Florida
Statutes; and

WHEREAS, on June 19, 2001, the Board enacted Ordinance No. 01-109 levying and imposing
such local communications services tax authorized pursuant to Section 202. 19, Florida Statutes (the
"Local Communications Services Tax"); and

WHEREAS, in accordance with Section 901 of the Original Ordinance, it is necessary to amend the
Original Ordinance to reflect the repeal of the Public Service Tax on telecommunications services
and to pledge the payments received from the levy of the Local Communications Services Tax as
part of the Pledged Funds; and

WHEREAS, the Board desires to accomplish the purposes outlined in the accompanying
memorandum (the "County Manager's Memorandum"), a copy of which is incorporated in this
Ordinance by reference.

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
OF MIAMI-DADE COUNTY, FLORIDA that:

Section 1. Incorporation of Recitals; Definitions. The matters set forth in the foregoing recitals
to this Ordinance (the "Series 2002 Ordinance") are incorporated as part of this Series 2002
Ordinance. All capitalized words and terms used but not defined in the Series 2002 Ordinance shall
have the meanings assigned to such terms in the Original Ordinance, unless the context otherwise
clearly requires a different meaning.

Section 2. Authority for Issuance of Series 2002 Bonds. The Board authorizes the issuance in an
aggregate principal amount not to exceed $60,000,000 of the Miami-Dade County, Florida Public
Service Tax Revenue Bonds (UMSA Public Improvements), Series 2002 (the "Series 2002 Bonds"),
pursuant to Section 208 of the Master Ordinance and the authority of the Constitution and laws of
the State of Florida (the "State"), including, but not limited to, the Home Rule Amendment and
Charter of Miami-Dade County, Florida, as amended, Chapters 125 and 166, Florida Statutes, as
amended, and all other applicable laws, for the purpose of paying or reimbursing the County for all
or a portion of the costs of the Series 2002 Project, funding the Reserve Fund, including the deposit
of a Reserve Fund Facility, if any, funding capitalized interest, if necessary, and paying the costs of
issuance of the Series 2002 Bonds, including the costs of a Bond Insurance Policy and a Reserve
Fund Facility, if any.

Notwithstanding anything to the contrary contained in this Series 2002 Ordinance, the Series 2002
Bonds shall be issued on or before September 30, 2003 (the "Sunset Date"), and the authorization
under this Series 2002 Ordinance for the issuance of the Series 2002 Bonds, or any portion of the
Series 2002 Bonds, not issued on or before the Sunset Date will be deemed rescinded on the Sunset
Date; provided, however, that the foregoing shall in no way rescind the authorization with respect
to any Series 2002 Bonds issued on or before the Sunset Date.

Section 3. Project Description. The Series 2002 Project to be financed with the proceeds of the
Series 2002 Bonds includes improvements to the stormwater drainage system; the construction of
new sidewalks and the repair and/or renovation of existing sidewalks; park development, including
the development and equipping of new parks and the renovation and equipping of existing parks;
and the beautification of neighborhoods, including road resurfacing. The Series 2002 Project will
be located solely in the unincorporated areas of the County.

Section 4. Details, Terms and Other Matters Relating to Series 2002 Bonds. In accordance with
Section 203 of the Master Ordinance, all details, terms and other matters relating to the Series 2002
Bonds shall be determined in the manner specified in a supplemental resolution of the Board.

Section 5. Amendments to Original Ordinance. In order to reflect the repeal of the Public Service
Tax on telecommunications services and pledge the payments received from the Local Communica
tions Services Tax as part of the Pledged Funds, the Original Ordinance is amended as follows:

(a) The definition of "Designated Revenues" in Section 102 is deleted in its entirety and replaced
with the following:

"Designated Revenues" means the payments received from the levy of the Public Service Tax and
the Local Communications Services Tax by the County; provided, however, that in connection with
the delivery of a certificate of the Finance Director pursuant to Section 208(d) of this Ordinance, for
any months occurring prior to October 1, 2001, Designated Revenues means the payments received
from the levy of the Public Service Tax by the County, as the term Public Service Tax was defined
in this Ordinance prior to the enactment by the Board of an ordinance authorizing the issuance of
not to exceed $60,000,000 of Miami-Dade County, Florida Public Service Tax Revenue Bonds
(UMSA Public Improvements), Series 2002, and amending this Ordinance.

(b) A definition of "Local Communications Services Tax" is added in Section 102 immediately
following the definition of "Liquidity Facility" to read as follows:

"Local Communications Services Tax" means the discretionary local communications services tax
levied by the County on communications services charged to service addresses in the unincorporated
areas of Miami-Dade County, Florida pursuant to Section 202. 19, Florida Statutes, and as provided
in Article IV-A of Chapter 29 of the County Code.

(c) The definition of "Public Service Tax" in Section 102 of the Original Ordinance is deleted in its
entirety and replaced with the following:

"Public Service Tax" means the excise tax levied by the County upon the purchase in the
unincorporated areas of Miami-Dade County, Florida of electricity, metered or bottled gas (natural
liquefied petroleum gas or manufactured), coal, fuel oil and water service pursuant to Article VIII,
Section 6(f), Constitution of the State of Florida, Section 166. 231, Florida Statutes, and as provided
in Article IV of Chapter 29 of the County Code.

(d) Section 703 is deleted in its entirety and replaced with the following:

Section 703. Enforcement of Collections. The County will diligently enforce its right to receive
the Designated Revenues. The County will not repeal the ordinances or the County Code
provisions now in effect levying the Public Service Tax or the Local Communications Services Tax,
will not amend or modify such ordinances or County Code provisions or take any other action so as
to impair or adversely affect in any manner the pledge of the Pledged Funds made in this Ordinance
or the rights of the Bondholders under this Ordinance. The County shall be unconditionally and
irrevocably obligated, so long as any of the Bonds are outstanding and unpaid, to take all lawful
action necessary or required to continue to entitle the County to receive the Designated Revenues
in the same or greater amounts and at the same or greater rates as now provided by law to pay the
principal of and interest on the Bonds and to make the other payments provided for in this
Ordinance, including, without limitation, levying and collecting the Public Service Tax and the Local
Communications Services Tax at rates up to the respective maximum rates permitted by law. This
provision shall not be construed to prevent revisions of the rates of the Public Service Tax or the
Local Communications Services Tax as long as the amount of Pledged Funds in each year will be
at least equal to 120% of the Maximum Annual Bond Service Requirement for any ensuing Bond
Year.

Section 6. Original Ordinance in Force. Except as amended by this Series 2002 Ordinance, the
Original Ordinance and all terms and provisions of the Original Ordinance are and shall remain in
full force and effect.

Section 7. Inconsistent Ordinances. All ordinances which are inconsistent with any of the
provisions of this Series 2002 Ordinance are declared to be inapplicable to the provisions of this
Series 2002 Ordinance; provided, however, that this Section 7 shall in no way impair the
amendments to the Original Ordinance under this Series 2002 Ordinance.

Section 8. Further Acts. The officers and agents of the County are authorized and directed to take
all actions and do all things required of them by the Master Ordinance and this Series 2002
Ordinance and for the full, punctual and complete performance of all of the terms, covenants,
provisions and agreements contained in the Master Ordinance and this Series 2002 Ordinance.

Section 9. Headings Not Part of Ordinance. Any headings preceding the Sections of this Series
2002 Ordinance shall be solely for convenience of reference and shall not constitute a part of this
Series 2002 Ordinance, nor shall they affect its meaning, construction or effect.

Section 10. Severability. In case any one or more of the provisions of this Series 2002 Ordinance
shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect the
legality or enforceability of any other provision of this Series 2002 Ordinance.

Section 11. Applicability of Material Covenants of Master Ordinance. All of the material
covenants of the Master Ordinance shall be applicable to the Series 2002 Bonds and no event of
default shall have occurred and be continuing in the performance of any of the covenants and
obligations of the Master Ordinance prior to and upon the issuance of the Series 2002 Bonds.
Furthermore, all payments required to have been made into the accounts and funds under the terms
of the Master Ordinance shall have been made to the full extent required before the Series 2002
Bonds may be issued.

Section 12. Effective Date. This Series 2002 Ordinance shall take effect ten (10) days after its
enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override
by this Board.


HEADER
TO: Honorable Chairperson and Members DATE: *
Board of County Commissioners

FROM: Steve Shiver
County Manager SUBJECT: Ordinance Authorizing Issuance
of Public Service Tax Revenue
Bonds (UMSA Public Improve-
ments) and Amending Ordinance
No. 96-108

STAFF RECOMMENDATION
It is recommended that the Board enact the accompanying Ordinance authorizing the issuance, in
one or more series, of Public Service Tax Revenue Bonds (UMSA Public Improvements), Series
2002 (the "Series 2002 Bonds") in an aggregate principal amount not to exceed $60,000,000. The
Series 2002 Bonds are being issued for the purposes of: (i) paying and reimbursing the County for
costs of certain capital projects exclusively located in the unincorporated areas of the County; (ii)
providing for the funding of a Reserve Fund, including credit enhancement, if desirable; and (iii)
paying the costs of issuance, including municipal bond insurance, if feasible. The Ordinance also
amends certain provisions of Ordinance No. 96-108, defined below, relating to the sources for
security and payment of the bonds. The Ordinance further provides for the submission of subsequent
series resolution (s) to the Board which will establish the terms, maturities, interest rates and other
bond related details for the Series 2002 Bonds.

MANAGER'S BACKGROUND
The accompanying Ordinance (the "Series 2002 Ordinance") authorizes the issuance of the Series
2002 Bonds as Additional Bonds pursuant to Section 208 of the Original Ordinance. The Series
2002 Bonds, together with the Series 1999 Bonds, fund projects approved by the Board under the
Quality Neighborhoods Improvement Program (QNIP) which includes neighborhood infrastructure
improvement projects that are local in nature and located in the unincorporated areas of the County.
As part of the adopted FY 2001-02 budget, the Board approved funding for Phase 2 of QNIP. This
ordinance authorizes the issuance of bonds consistent with the Board's action through the adopted
budget.

Pursuant to Ordinance No. 96-108 enacted by the Board on July 2, 1996, (the "Original Ordinance")
and Resolution No. R-923-96 adopted by the Board on July 16, 1996, the County issued the
$56,200,000 Dade County, Florida Public Service Tax Revenue Refunding Bonds, Series 1996 (the
"Series 1996 Bonds") of which $18,445,000 are currently outstanding. The Original Ordinance
authorized the County to issue additional bonds on a parity with the Series 1996 Bonds payable from
Pledged Funds for the purpose of paying all or any part of the costs of any capital projects located
in the unincorporated areas of the County, as authorized by subsequent ordinance or resolution.

Pledged Funds, in the Original Ordinance, are comprised of payments received by the County from
the levy of the Public Service Tax in the unincorporated areas of the County and all funds held in
trust under the Original Ordinance. Effective October 1, 2001, the State Legislature repealed the
authorization for the levy by municipalities, including the County, of the Public Service Tax on
telecommunications services and in its place, authorized the County to levy by ordinance a
discretionary local communication service tax on communications services charged to service
addresses in the unincorporated areas of the County. On June 19, 2001, the Board enacted Ordinance
No. 01-109 levying and imposing such local communications services tax. This Series 2002
Ordinance amends the Original Ordinance to provide for the change in the law relating to the local
communications services tax.

On December 15,1998, the Board adopted Resolution No. R-1415-98 pursuant to Section 208 of the
Original Ordinance, under which the $77,640,000 Miami-Dade County, Florida Public Service Tax
Revenue Bonds (UMSA Public Improvements), Series 1999 (the "Series 1999 Bonds") were issued
as Additional Bonds. There is currently $71,295,000 of the Series 1999 Bonds outstanding.

The Series 2002 Ordinance provides for the submission of subsequent resolutions to the Board for
each series of bonds to be issued. Each series resolution will provide a more detailed description of
the capital improvements to be financed and the terms, maturities, interest rates, and other detail for
the series of bonds to be issued.



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