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HomeMy WebLinkAbout04-031RESOLU'r~ON NO. 04-31 A RESOLUTION AUTHORIZING AND EMPOWERING ST. LUCIE COUNTY TO ESTABLISH AN ACCOUNT WITH MORGAN STANLEY AS DESCRIBED IN THE MORGAN STANLEY CORPORATE ACCOUNT AGREEMENT; TN ORDER TO CONSTRUCT AN EC~UESTRIAN CENTER TO BE LOCATED AT THE ST. LUCIE COUNTY FAIRGROUNDS; AND THAT ADAM5 RANCH, LTD. WILL DONATE TO THE COUNTY $350,000.00 PAYABLE OVER 15 YEARS TN LAWFUL MONEY OF THE UNITED STATE5 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has mode the following determinations: 1. St. Lucie County is proposing to construct on Equestrian Center to be located at the St. Lucie County Fairgrounds and has solicited donations from private parties to help fund construction of the Center. 2. The construction of the Equestrian Center will serve o public purpose and will benefit the citizens of St. Lucie County. 3. Adams Ranch, Ltd. has agreed to donate Three Hundred Fifty Thousand and 00/:[00 ($350,000.00) Dollars payable over fifteen (15) years in the form of lawful money of the United 5totes of America. 4. This Board desires to accept the commitment by Adams Ranch, Ltd. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: t. St. Lucie County is authorized and empowered to open o Securities Account with Morgan Stanley os described in the Morgan Stanley Corporate Account Agreement. 2. The Securities Account shall be a Cash Account or o Margin Account for the purpose of purchasing, selling (including short sales), transferring, exchanging, pledging, and generally dealing in any and all forms of securities and financial instruments of every kind or nature whatsoever. All orders and instructions written or oral, relating to the Securities Account shall be given to Morgan Stanley by one of the individuals designed under the heading "Authorized ];ndividuols', and each of them individually is hereby authorized and directed to purchase and/or sell and/or deal in any and all securities and financial instruments for St. Lucie County, including the power to deliver, accept delivery of, pledge, endorse, and direct the transfer of record title of any assets beneficially owned by St. Lucia County, without obligation on the part of Morgan Stanley to inquire into the reasons for said orders or instructions. 3. Morgan Stanley may deal with any of the Authorized individuals os though Morgan Stanley were dealing with St. Lucie County directly. 4. Each of the Authorized individuals is authorized and directed to execute and deliver to Morgan Stanley on behalf of St. Lucie County any and all agreements, documents, contracts, and other writings that Morgan Stanley may require. 5. The Clerk of the Circuit Court ("Clerk") (or other duly designated officer) of St. Lucie County is hereby authorized, empowered and directed to certify, under the seal of St. Lucie County, or otherwise to Morgan Stanley: (a) A true copy of this Resolution. (b) Specimen signatures of each and every individual empowered by this resolution. (c) A certificate (which, if Morgan Stanley requires shall be supported by an opinion of the County Attorney of St. bucie County, or other counsel satisfactory to Morgan Stanley) that St. Lucie County is duly organized and existing, that the l~oard of County Commissioners empowers it to transact the business contemplated in this resolution, and that no limitation has been imposed upon such powers by constitution, statute, court order, regulation, or otherwise. 6. Morgan Stanley may rely upon any certification given in accordance with this resolution as continuing fully effective unless and until Morgan Stanley shall receive due written notice of an amendment, modification or rescission of such resolution or certification. Further that Morgan Stanley shall not be liable for any action taken or not taken upon instruction of any Authorized individual prior to Morgan Stanley's actual receipt of written notice of the termination or impairment of such person's authority. The failure to supply any specimen signature or any other documentation shall not invalidate any transaction which is in accordance with authority actually granted. 7. In the event of any change in the office or powers of persons hereby empowered, the Clerk (or other duly designated officer) shall certify such changes to Morgan Stanley, in writing which certification, when Morgan Stanley receives it, shall terminate the powers of the persons previously authorized and empower the persons thereby substituted. After motion ond second the vote on this resolution wos os follows: Chairman Paula A. Lewis Vice Chairman ~Tohn b. Bruhn Commissioner Fronnie Hutchinson Commissioner Doug Coward Commissioner Cliff Barnes AYE AYE AYE AYE AYE PASSED AND DULY ADOPTED this (::)th day of ,Tonuory, 2004. ATTEST: BOARD OF COUNTY COMMT55TONER5 ST. LUCZE COUNTY, FLOR]:DA APPROVED A5 TO LEGAL FORM AND COR'J~ECTNES5: COUNTY