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<br />afforded to the holder of the 1998 Bond, and other factors described herein, it will be in the best <br />interest of the City to sell the 1998 Bond to the Bank on a negotiated basis pursuant to the terms and <br />provisions of this Ordinance; and <br /> <br />WHEREAS, the City Commission hereby detennines that the City does not expect to issue <br />more than $10,000,000 of its tax-exempt obligations in calendar year 1998, and the City Commission <br />hereby designates the 1998 Bond as a "qualified tax-exempt obligation" within the meaning of Section <br />265(b) of the Code; <br /> <br />~ . <br />NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY <br />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 and <br />supplemented, the Florida Constitution, Chapter 166, Florida Statutes, as amended and supplemented, <br />and other applicable provisions oflaw (collectively, the "Act"). <br /> <br />SECTION 1.2 FINDINGS. The findings and detenninations set forth in the recitals to this <br />Ordinance are hereby adopted and confirmed as though fully set forth herein. Further, it is hereby <br />ascertained, detennined and declared: <br /> <br />(a) That the City hereby authorizes the 1998 Project and the financing thereof in the <br />manner hereinafter set forth. <br /> <br />(b) That it is necessary and essential to acquire the 1998 Project for the health and safety of <br />the residents of the City and in order to promote recreation in the City and that the 1998 Project will be <br />in the best economic interest of the City. <br /> <br />( c) That the 1998 Project will serve a valid municipal purpose. <br /> <br />(d) That the cost of the 1998 Project shall be deemed to include, but not be limited to the <br />cost of acquisition of the Park Property, including easements and other interests therein, or any other <br />property real or personal, necessary therefor; the fees and expenses of counsel to the Bank and such <br />other expenses as may be necessary or incidental to the 1998 Project and the issuance of the 1998 <br />Bond herein authorized, <br /> <br />(e) That pursuant to the Utilities Tax Ordinance (as herein defined), the City has been <br />levying a tax on the purchase of certain utilities services as more particularly described in Section 1.3 <br />hereof (herein, the "Utilities Tax"). <br /> <br />(f) That the proceeds of the Utilities Tax are not pledged or encumbered, in whole or in <br />part, in any manner or for any purpose. <br /> <br />( e) That the principal of and interest on the 1998 Bond shall be secured solely by and paid <br />from the Pledged Revenues (as herein defined); and the ad valorem taxing power of the City will never <br />be necessary or authorized to pay the principal of and interest on the 1998 Bond, and the 1998 Bond <br />issued pursuant to this Ordinance shall not constitute a lien upon any other property whatsoever of or <br />in the City. <br /> <br />2 <br />