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RESOLUTION NO. 01-
A RESOLUTION AMENDING RESOLUTION NO. 93-216 ADOPTED BY THE
BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA
ON SEPTEMBER 21, 1993, AND ENTITLED:
"A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST.
LUCIE COUNTY, FLORIDA, PROVIDiNG FOR THE ISSUANCE FROM TIME
TO TIME OF SOLID WASTE SYSTEM REVENUE BONDS OF THE COUNTY;
PROVIDING FOR THE PAYMENT OF SUCH BONDS; PROVIDING FOR THE
RIGHTS, SECURITY AND REMEDIES OF THE REGISTERED OWNERS OF
SUCH BONDS; MAKING CERTAIN OTHER COVENANTS AND
AGREEMENTS IN CONNECTION THEREWITH; AUTHORIZING THE
ISSUANCE OF SOLID WASTE SYSTEM REFUNDING REVENUE BONDS,
SERIES 1993; AND PROVIDING AN EFFECTIVE DATE."
BY MODIFYING THE PROVISIONS FOR THE APPLICATION OF REVENUES,
AS MORE PARTICULARLY DESCRIBED HEREIN; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners (the "Board") of St. Lucie County (the
ty") has previously adopted Resolution No. 93-216 (the "Original Resolution") referred to by
. the title above, and pursuant thereto issued the County's outstanding Solid Waste System
cling Revenue Bonds, Series 1993 (the "Outstanding Bonds"); and
WHEREAS, the County has entered into a contract for "The Supply and Purchasing of
11 Gas" dated May 22, 2001 ( the "Landfill Gas Contract"), with Biomass Processing
ology, Inc.;
WHEREAS, it is deemed necessary and in the best interest of St. Lucie County, Florida (the
ty"), that revenues received pursuant to the Landfill Gas Contract (the "Contract Revenues")be
>le for general purposes of the; and
WHEREAS, it is necessary, therefore, to amend certain provisions of the Original
ttion; and
WHEREAS, Section 6.06 of the Original Resolution provides that the Original Resolution
may he amended with the approval of the Credit Facility IssUer (as defined in the Original
ResolUtion) with respect to the Outstanding Bonds, NOW THEREFORE,
/
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE
COUNTY, FI JORIDA, as follows: '
Section 1. Amendments To Original Resolution. The Original Resolution be and the same hereby
is amended in the following respects:
A. TI
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te definitions contained in Section 1.02 of the Original Resolution No. 93-216 are hereby
dding thereto a definition of"Biomass Contract" to read as follows:
"SECTION 1.02. DEFINITIONS. Capitalized terms used in this Resolution shall
have the following meanings, unless the context clearlyrequires otherwise. Words importing
singular number shall include the plural number in each case and vice versa, words of one
gender shall be deemed to include the other gender, and words importing persons shall
include firms and corporations. In this Resolution:
"Biomass Contract Revenues" means the amounts paid to the County pursuant to that
certain contract t~etween the County and Biomass Processing Technology, Inc., entitled "The
Supply and Purchasing of Landfill Gas" and dated as May 22, 2001, as amended from time
to time, together with any supplements thereto.
B. The provisions of Section 3.03 (C)(14) are amended to read as follows:
SECTION 3.03 FUNDS AND ACCOUNTS; PLEDGED MONEYS.
(C) APPLICATION OF REVENUES.
(14) At such time as the foregoing payments and deposits shall have been made
in full for the then current Bond Year, remaining moneys in the Revenue Fund
may thereafter (a) be withdrawn in an amount not to exceed the Biomass Contract
Revenues for the immediately preceding 12-month period and used for any lawful
purpose of the County and (b) be used by the County only for purposes of the
System, including deposits to the Redemption Account.
Section 2. Remaining Provisions Unaffected. The remaining provisions of the Original
.tion shall remain in full force and effect.
Section 3. Severability. If any one or more of the provisions of this amending resolution
be held to be contrary to any express provisions of law or to be contrary to the policy of
5 law, though not expressly prohibited, or to be against public policy, or should for any reason
.ever be held invalid, then such provisions shall be null and void and shall be deemed separate
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7716vl/289~ ~2-00001/R-AMEND GROSS REV
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he remaining provisions of, and in no way affect the validity of, all the other provisions of the
al Resolution.
Section 4. Effective Date. This Resolution shall take effect upon receipt by the County of
nsent of the Credit Facility Issuer to the amendments contained herein; provided that such
it is received on or before January 1, 2002, otherwise, this resolution shall be null and void and
,~ffect.
Passed and Adopted this 18thday of December 2001, at a regular meeting duly called and
ST. LUCIE COUNTY, FLORIDA
By:
Chairman, Board of County
Commissioners
ST:
APPROVED AS TO FORM AND
CORRECTNESS:
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