Broward County Commission Regular Meeting


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AI-28624 41.       
Meeting Date: 03/28/2019  
Director's Name: George Tablack
Department: Finance & Administrative Services Division: Administration

Information
Requested Action
A. MOTION TO OPEN Public Hearing as required by Section 147(f) of the Internal Revenue Code of 1986, as amended relating to the issuance of one or more series of taxable and tax-exempt educational facilities revenue bonds, in an aggregate principal amount not exceeding $22,000,000, the proceeds of which would be loaned to Imagine at Broward, Inc. for financing the cost of acquiring an educational facility located in Coral Springs, Florida.

(Per the Tuesday Morning Memorandum, this item was continued at the request of the proposed borrower, and is expected to be placed on the April 16, 2019, Meeting Agenda.)  (See Purple-Sheeted Additional Material, dated March 28, 2019, submitted at the request of County Administration.)

ACTION:  (T-10:27 AM)  Following public comments, the Board continued this item to an expected date of April 16, 2019.  (Refer to minutes for full discussion.)
 
B. MOTION TO ADOPT Resolution of the Board of County Commissioners of Broward County, Florida relating to the issuance of Broward County, Florida Educational Facilities Revenue Bonds (Imagine School at Broward Project), to be issued in one or more taxable and tax-exempt series, in an aggregate principal amount not exceeding $22,000,000 (the "Bonds") for the purpose of making a loan of funds to Imagine at Broward, Inc. (the "Borrower") for the principal purpose of financing all or a portion of the cost of acquiring an educational facility located in Coral Springs, Florida; approving the application of the Borrower for issuance of the Bonds; authorizing the execution and delivery of a Memorandum of Agreement; making certain findings in connection with the preliminary approval of the Bonds; and providing for an effective date.
 
(Per the Tuesday Morning Memorandum, this item was continued at the request of the proposed borrower, and is expected to be placed on the April 16, 2019, Meeting Agenda.)  (See Purple-Sheeted Additional Material, dated March 28, 2019, submitted at the request of County Administration.)

ACTION:  (T-10:27 PM)  Following public comments, the Board continued this item to an expected date of April 16, 2019.  (Refer to minutes for full discussion.)
Why Action is Necessary
Motion A: The Internal Revenue Code of 1986, as amended (the “Internal Revenue Code”) and related regulations concerning tax-exempt, qualified private activity bonds require that a public hearing be held and approved by the local elected governmental body prior to bond issuance.

Motion B: Florida law and Section 18.62 of the Broward County Administrative Code require that the Board of County Commissioners of Broward County, Florida, approve the application of the Borrower and other related matters prior to bond issuance.
What Action Accomplishes
Motion A: Ensures compliance with the Internal Revenue Code and related regulations by holding the public hearing.

Motion B: Ensures compliance with the requirements of Florida law and Section 18.62 of the Broward County Administrative Code by providing preliminary approval for the issuance of the Bonds and other related matters.
Is this Action Goal Related
Previous Action Taken
None.
Summary Explanation/Background
THE OFFICE OF ECONOMIC AND SMALL BUSINESS DEVELOPMENT AND THE FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT RECOMMEND APPROVAL OF THE ABOVE MOTIONS.

The Borrower is a Florida not-for-profit corporation operating the Imagine School at Broward, a tuition-free public charter school in Coral Springs, Florida. The Borrower seeks taxable and tax-exempt financing in an amount not to exceed $22 million dollars for (i) financing (including through reimbursement) all or a portion of the costs of acquiring an existing approximately 71,918-square-foot building containing 44 traditional classrooms, an indoor multi-purpose room, a kitchen, media center, arts room, music room, restrooms, conference rooms, office space, and other related educational areas, together with all related improvements and the site on which the building is located, and which acquisition may include related equipment (collectively the "Facility"); (ii) funding a debt service reserve fund; (iii) funding a renewal and replacement fund, if determined to be necessary and appropriate; and (iv) paying all or a portion of certain costs associated with the acquisition of the Facility and certain costs of issuance of the bonds (collectively, the "Project"). The Borrower currently employs approximately 98 persons and the Project is expected to result in additional employment of one person. The Borrower's current annual payroll is $3.6 million.

The Broward County Bond Review Committee met on Wednesday, December 5, 2018, at 2:00 p.m. and Tuesday, January 15, 2019, at 2:00 p.m. As evidenced by Exhibit 1, the Committee voted unanimously to recommend the Project for bond financing.

Motion A provides for a public hearing in accordance with Section 147(f) of the Internal Revenue Code and related Treasury Regulations regarding the issuance of tax-exempt education facilities revenue bonds. This hearing has been properly noticed as evidenced by the Proof of Publication attached to the Resolution (Exhibit 2). A script for this hearing is attached as Exhibit 3, and should be read into the Official Record by the presiding hearing officer.

Motion B provides for preliminary approval for issuance of Broward County, Florida, Educational Facilities Revenue Bonds (Imagine School at Broward Project), to be issued in one or more taxable and tax-exempt series, in an aggregate principal amount not exceeding $22,000,000. The Bonds will be sold in a limited public offering to institutional and accredited investors in minimum denominations of $100,000 in accordance with Section 18.62 of the Broward County Administrative Code. The Bond proceeds will be used for the purpose of making a loan of funds to the Borrower to finance the cost of the Project. The Bonds will be payable solely from revenues and proceeds derived from the Borrower’s operations, and will not constitute a debt, liability, or obligation of Broward County (the "County"). Terms, conditions, and details for issuance and sale of the Bonds are set forth in the Memorandum of Agreement attached as Exhibit B to the Resolution. Upon approval of Motion B, financing agreements necessary for issuance and sale of the Bonds, including a loan agreement and bond trust indenture, will be negotiated for future consideration by the Board.
Source of Additional Information
George Tablack, Chief Financial Officer, (954) 357-7130
Stephen Farmer, Finance Manager, Finance and Administrative Services Department, (954) 357-7246

Fiscal Impact
Fiscal Impact/Cost Summary:
There is no cost to the County associated with the issuance of the Bonds, as the Borrower will be solely responsible for the debt service on the proposed Bonds. The County has collected a $1,500 application fee from the Borrower. The Borrower will also pay (1) bond counsel fees; (2) a $1,500 fee to the County for services provided by the Office of the Broward County Attorney; and (3) a financing fee of $20,000 (which represents 0.5% of the initial $4,000,000 raised through the issuance of the Bonds at closing) consistent with Section 18.62 of the Broward County Administrative Code and the Memorandum of Agreement.
Attachments
Exhibit 1 - Bond Review Committee Recommendation Memorandum
Exhibit 2 - Resolution and Exhibits
Exhibit 3 - TEFRA Script
Additional Material - Information


    

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