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HomeMy WebLinkAbout02-057RESOLUTION NO. 02-57 A RESOLUTION AMENDING RESOLUTION NO. 01-316 ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA ON DECEMBER 18, 2001, AND ENTITLED: "A RESOLUTION SUPPLEMENTING RESOLUTION NO. 92-167, OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, ADOPTED ON JUNE 11, 1992, AS SUPPLEMENTED; AUTHORIZING THE ACQUISITION AND CONSTRUCTION OF ADDITIONS, IMPROVEMENTS AND EXTENSIONS TO THE COUNTY'S NORTH HUTCHINSON ISLAND WATER AND SEWER SYSTEM AND THE SATISFACTION OF CERTAIN OBLIGATIONS INCURRED IN CONNECTION WITH THE ACQUISTION OF THE SYSTEM; PROVIDING FOR THE ISSUANCE OF NOT EXCEEDING $1,900,000 NORTH HUTCHINSON ISLAND WATER AND SEWER SYSTEM REVENUE BONDS, SERIES 2001, TO FINANCE THE COST THEREOF; PROVIDING FOR THE PAYMENT OF THE BONDS FROM THE PLEDGED REVENUES; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; AUTHORIZING THE APPROPRIATE OFFICERS OF THE COUNTY TO PROCEED TO DEVELOP NECESSARY DOCUMENTS TO SELL THE BONDS AT NEGOTIATED SALE; AUTHORIZING THE COUNTY ADMINISTRATOR TO MAKE CERTAIN CERTIFICATIONS ON BEHALF OF THE COUNTY REGARDING THE PRELIMINARY OFFICIAL STATEMENT FOR THE BONDS AND TO DETERMINE THE DATE OF SALE OF, AND THE DETAILS OF, THE BONDS, AND TO EXECUTE A BOND PURCHASE AGREEMENT; PROVIDING FOR THE MAKING OF CONTINUING DISCLOSURE WITH RESPECT TO THE BONDS; AUTHORIZING THE OFFICERS AND OFFICIALS OF THE COUNTY TO EXECUTE AND DELIVER THE BONDS AND SUCH AGREEMENTS AND CERTIFICATES AS ARE NECESSARY AND DESIRABLE IN CONNECTION WITH THE SALE, ISSUANCE AND DELIVERY OF THE BONDS; AND PROVIDING AN EFFECTIVE DATE." TO REDESIGNATE THE BONDS AS SERIES 2002 AND AMEND CERTAIN DEFINITIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners (the "Board") of St. Lucie County (the "County") has previously adopted Resolution No. 01-316 (the "Original Resolution") referred to by title in the title above; and WHEREAS, it is necessary and desirable to redesignate the Bonds as "Series 2002" and to amend certain definitions contained in Exhibit C to the Original Resolution based on the commitment for bond insurance for the Series 2002 Bonds; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, as follows: Section 1. Amendments to Original Resolution. The Original Resolution be and the same hereby is amended in the following respects: A. Section 2.02 of the Original Resolution is amended to read as follows: "Section 2.02 Authorization of Series 2002 Bonds. Subject and pursuant to the provisions of this Series 2002 Bond Resolution and the Original Resolution, special, limited obligations of the County, designated "North Hutchinson Island Water and Sewer System Revenue Bonds, Series 2002", shall be offered and sold in an aggregate principal amount not to exceed $1,900,000 (exclusive of original issue discount and/or premium), for the purpose of financing the 2002 Project Costs and payment of Futures." B. All references in the Original Resolution to the year 2001 in connection with the Series designation of the Bonds, the definition of the Resolution or the definition of the Project shall be changed to references to the year 2002. C. Exhibit C to the Original Resolution, referring to certain definitions, is amended to read as provided in Exhibit C attached hereto. Section 2. Remaining Provisions Unaffected. The remaining provisions of the Original Resolution shall remain in full force and effect. Section 3. Severability. If any one or more of the provisions of this amending resolution should be held to be contrary to any express provisions of law or to be contrary to the policy of express law, though not expressly prohibited, or to be against public policy, or should for any reason whatsoever be held invalid, then such provisions shall be null and void and shall be deemed separate from the remaining provisions of, and in no way affect the validity of, all the other provisions of the Original Resolution. Section 4. Effective Date. This Resolution shall become effective immediately upon its adoption. 2 8441V 1/28902-00083/R-AMEND DESIG Passed and Adopted this 15th day of January 2002, at a regular meeting duly called and held. (SEAL) ST. LUCHE COUNTY, FLORIDA Chairman, t~oard of County Commissioners · C[erl~ of the Circt~t Co~~officio Clerk of the Board APPROVED AS TO FORM AND CORRECTNESS: 3 8441V1/28902-00083/R-AMEND DESIG EXHIBIT C DEFINITIONS "Bond Insurer" means Ambac Assurance Corporation. The Bond Insurer shall be deemed to be the Credit Facility Issuer with respect to the Series 2002 Bonds. "Commitment" means the Commitment No. 22412, dated December 18, 2001, issued by the Bond Insurer to the County for the Policy. "Paying Agent" or "Bond Registrar" means U. S. Bank, Fort Lauderdale, Florida, as paying agent and registrar for the Series 2002 Bonds. 4 8441v 1/28902-00083/R-AMEND DESIG