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Resolution 1989-112 ~,.;. ," ". ~i~. '. J' 1i,'; . "',.' . ) ~~. ,.', . MAY 2, 1188 " RESOLUTION NO. 89.112 A RESOLUTION AUTHORIZING THE ISSUANCE OF $5,000,000 COLLIER COUNTY, FLORIDA MARCO ISLAND BEACHFRONT RENOURISHMENT FACILITIES MUNICIPAL SERVICE TAXING UNIT LIM:CTED GENERAL OBLIGATION BONDS, SERIES 1989 TO FINANCE THE COST OF ACQUISITION AND CONSTRUCTION OF BEACH FRONT RENOURISHMENT AND STOR: r PROTECTION FACILITIES: PROVIDING FOR THE RIGHTS OF THE HOLDERS OF SUCH BONDS: PROVIDING FOR PAYMENT OF PRINCIPAL AND INTEREST ON SUCH BONDS FROM AN AD VALOREM TAX LEVIED ON ALL TAXABLE PROPERTY WITHIN SUCH TAXING UNIT AT A RATE NOT TO EXCEED ONE AND ONE-HALF MILLS: MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS IN CONNECTION WITH THE ISSUANCE OF SUCH BONDS: AND PROVIDING AN EFFECTIVE DATE. ....... BE IT RESOLVED BY THE BOARD OF COUNTY CC,HMISSIONERS OF COLLIER COUNTY, FLORIDA, ACTING ON ITS OWN BEHALF AND AS THE GOVERNING BODY OF THE MARCO ISLAND BEACHFRONT RENOURISIIMENT FACILITIES KUNICIPAL SERVICE TAXING UNIT: ARTICLE I STATUTORY AUTHORITY, DEFINITIONS AND FINDINGS SECTION 1.01. AUTHORITY FOR THIS RESOLUTION. This Resolution is adopted pursuant to Chapter 1,25, Florida Statutes, Section 12, Article VII, Florida Constitution, and other applicable provisions of law. SECTION 1.02. DEFINITIONS. The following terms shall have the following meanings herein, unless the text otherwise expressly requires. Words importing singular number shall include the plural number in each case and vice versa, and words importing persons shall include firms and corporations. "Act" shall mean Chapter 125, Florida Statutes, Section 12, Article VII, Florida Constitution, and other applicable provisions of law. "AHBAC Indemnity" or "Insurer" shall mean AMBAC Indemnity Corporation, a Wisconsin-domiciled stock insurance company. "Amortization Installment", with respect to any Term Bonds, shall mean an amount designated by Supplemental Resolution for mandatory redemption of any Term Bonds. 9~3/-1?-. 3 ,~ . . .~: t/i .;. ::~l. ,I .~ ",'\,1 ":~~~,.., f '. . ~~ :1 . .,} MAY 2, 1188 " "Authorized Investments" shall mean any of the fOllowing, if and to the extent that the same are at the time legal for investment of the Issuer's funds: (1) direct obligations of (including obligations issued or held in book entry form on the books of) the nepartment of Treasury of the united states of America: (2) obligations of any of the follo'/ing federal agencies which obligations represent full faith and credit of the United states of America, including: ...... Export - Import Bank Farmers Home Administration General Services Administration U.s. Maritime Administration Small Business Administratio:\ Government National Mortgage Association (GNMA) U.S. Department of Housing , Urban Development (PHA's) Federal Housin~~~ministration: (3) bonds, notes or other evidences of indebtedness rated "AAAtI by Standard , Poor'. Corporation and f1Aaa" by Moody'. Investors service issued by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation with remaining maturities not exceeding three years: (4) U.S. dollar denominated deposit accounts, federal funds and banker's acceptances with domestic commercial banks which have a rating on their short term certificates of deposit on the date of purchase of "A-I" or "A-I+" by Standard' Poor's and "P-l" by Moody's Investors service and maturing no more than 360 days after the date of purchase (rating.. on holding companies are not considered as the rating of the b~nk): (5) commercial paper which is rated at the time of purchase in the single highest classification, "A-l+" by Standard' Poor's and "P-l" by Moody's Investors Service and which matures not more than 270 days after the date of purchase: (6) investments in a money market fund rated "AAAm" or "AAAm- G" or better by standard' Poor's Corporation: (7) pre-refunded municipal obligations defined .s follows: Any bonds or other obligations of any state of the United States of America or of any agency, instrumentality or local governmental unit of any such state which are not callable at the option of the obligor prior to maturity or as to which irrevocable instructions have been given by the obligor to call on the date specified in the notice: and (A) which .are rated, based on the escrow, in the i . .;. 2 J:9~3/- 4,~ t." / ,. ~ '>.' 1 ~ lr ~, 'f,' ,~) 1-~ MAY 2, 1188 '. highest rating category of Standard , Poor' e Corporation and Moody's Investors Service or any successors thereto: or (B) (i) which are fully secured as to principal and interest and redemption premium, if any, by a fund consisting only of cash or obligations described in paragraph (1) above, which fund may be applied only to the payment of such principal of and interest and redemption premium, if any, on such bonds or other obli~ations on the maturity date or dates thereof or the specified reaemption date or dates pursuant to such irrevocable instructions, as appropriate, and (11) which fund is sufficient, as verified by a nationally recognized independent certified public accountant, to pay principal of and interest and redemption premium, if any, on the bonds or other obligations described in this 'paragraph on the maturity date or dates thereof or on the redemption date or dates specified in the irrevocable instructions referred to above, as appropriate: (8) investment agreements approved in writing by AMBAC Indemnity (supported by appropriate opinion of counsel): (9) units of participation in the Local Government surplus Funds Trust Fund established pursuant to Part IV, Chapter 218, Florida Statutes, or any similar common trust fund which is established pursuant to law as a legal depository of public moneys, and (10) other forms of investments approved by AMBAC Indemnity with notice to Standard' Poor's Corporation. The value of the above investments shall be determined as provided in "Value" below. "Value", which shall be de::'ermined as of the end of each month, means that the value of any investments shall be calculated as follows: (a) as to investments the bid and asked prices of which are published on a reqular basis in The Wall street Journal (or, if not there, then in The New York Times). the average of the bid and asked prices for such investments so published on or most recently prior to such time of determinationt (b) as to investments the bid and asked prices of which are not pUbliShed on a regular basis in The Wall street Journal or The New York Times. the average bid price at such time of determination for such investments by any two nationally recognized government securities dealers selected by the Issuer in its absolute discretion) at the time making a market in such investments or the bid price published by a nationally recognized pricing service: 3 o~ 3/-,A-...:r -".o;Ji( 1-, , '1 ;{:~" . \.', N t, i I. '}~...' ~: " MAY 2, 1111 /1 " (c) as acceptances: and to certificates of deposit and bankers the face amount thereof, plus accrued interest: (d) as to any investment not specified above: the value thereof established by prior agreement ~etween the Issuer and AMBAC Indemnity. "Board" shall mean the Board of COl.:nty Commissioners of Collier County, Florida, acting on its o'.n behalf and as the Governing Body of the unit. "Bond Counsel" shall mean. 'any attorney at law or firm of attorneys, of nationally recognized standing in matters pertaining to the federal tax exemption of interest on obligations issued by states and political SUbdivisions, and duly admitted to practice law before the highest court of any state o~ the United states of America. "Bonds" shall mean the Issuer's Marco Island Beachfront Renourishment Facilities Municipal Service Taxing Unit Limited General Obligation Bonds, series 1989, issued pursuant to the provisions of this Resolution. "Chairman" shall mean the Chairman of the Board or such other person as may be duly authorized to act on his or her behalf. "Clerk" shall mean the Clerk of the Circuit Court of Collier County, Florida, Ex-officio Clerk of the Board, or such other person as may be duly authori~ed to act on his or her behalf. "Code" shall mean the Inte.rnal Revenue Code of 1986, as amended, and the regulations and rules thereunder in effect or proposed. "Construction Fund" shall mean the Construction Fund established pursuant to section 3.02 hereof. "Cost", when used in connection with the project, shall mean (1) the Issuer's cost of physical construction, (2) costs of acquisition by or for the Issuer of portions of the project, (3) costs of land and interests therein and the cost of the Issuer incidental to such acquisition, (4) the cost of any indemnity and surety bonds and premiums for insurance during construction, (5) engineering, legal and other consultant fees and expenses, (6) costs and expenses of the financing incurred during the construction period for the Project, including audits, fees and expenses of any paying Agent, Registrar or depository, (7) costs of machinery or equipment required by the Issuer for the commencement of operation of the project, (8) costs of any premium for a policy of municipal bond insurance insuring the Bonds and (9) any other costs properly attributable to such construction or 4 o~ 3/- II. (; 'i."~i " ',',}I - ~:;k' l~ ):~ )}.,: .~ . .;. ty ...ift:. '~.11 "fl' ',"-;; :..'1'....... .:. ~f . ''1' li':~~ '..~j{ "~.j~ _:t( :~t: ;.i~ ~~~- '.~ ,~" '" ~:i! .;, ' ~~~" ~' ,~ ~.. ~i~'" l' ..:. .-,}: .'t:.I.' ;'llC) ""~~ ...., i ~~< ~.'." MAY 2, 11111 acquisi tion and issuance of Bonds, as determined by generally accepted accounting principles and shall include reimbursement to the Issuer for any such items of Cost heretofore paid by the Issuer. Any Supplemontal Resolution may provide for additional items to be included in the aforesaid Costs. "Debt service Fund" shall mean thft Debt service Fund established pursuant to Section 4.01(A) her~of. "Federal Securities" shall mean direct obligations of (including obligations held in book entry fOlm on the books of) the Department of Treasury of the United states of America. ..... . "Holder of Bonds", "BondhOlders" or "registered owners" or any similar term, shall mean any person who shall be the registered owner of any Bond or Bonds as provided in the registration books of the Issuer. "Issuer" shall mean Collier County, Florida, or any successor thereto. ....... "MUnicipal Bond Insurance Policy" shall mean the municipal bond insurance policy issued by AMBAC Indemnity insuring the payment when due of the principal of and interest on the Bonds as provided therein. "outstanding", when used with reference to Bonds and as of any particular date, shall describe all Bonds theretofore and thereupon being authenticated and delivered except, (1) any Bond in lieu of which another Bond or other Bonds have been issued under agreement to replace lost, stolen, mutilated or destroyed Bonds under Section 2.06 hereof, (2) any Bond surrendered by the Holder thereof in exchange for another Bond or other Bonds under Sections 2.05 and 2.08 hereof, (3) Bonds deemed to have been paid pursuant to section 5.04 hereof, and (4) Bonds cancelled after purchase in the open market or because of payment at or redemption prior to maturity. "Paying Agent" shall mean the bank or trust company and any successor bank or trust company, appointed by the Issuer pursuant to this Resolution to act as Paying Agent hereunder. "Person" shall mean an individual, a corporation, 'a partnership, an association, a joint stock company, a trust, any unincorporated organization or governmental entity. "Project" shall mean the improvements described in Exhibit A attached hereto, as the same may be amended as modified from time to time by the Issuer. "Rebate Fund" shall mean the Rebate Fund established pursuant to Section 4.0l(C) hereof. 5 t .J9~ 3/~ rI, '7 .If .' :~_t; ",,~ . .t"'~~i ," -'.;'~~'~ 14- '::~; 'J~, , 'i)-' , ~, . 'I'!' , '". p .:' ~ ." , , , ' ,',~" v, ' 'L "1 ;~.-' ,:~'\ ":'\' " . "."" ';.. , ,Z.' ,., ;~i \., :~" '1>' ~.~ ~:':" c .~. ! MAY 2,1111 "Redemption Price" shall mean, with respect to any Bond or portion thereof, the principal amount or portion thereof, plus the applicable premium, if any, payable upon redemption thereof pursuant to such Bond or this Resolution. "Registrar" shall mean such entity or person as the Issuer shall appoint pursuant to this Resolution to act as Registrar hereunder and all successors and assigns thf'reto. "Resolution" shall mean this resolutiol, and all Supplemental Resolutions which may be hereafter duly adol,ted by the Issuer. "Serial Bonds" shall mean'the Bonds which shall be stated to mature in annual installments. "state" shall mean the State of Florid~. "supplemental Resolution" shall mean any resolution of the Issuer amending or supplementing this Re.olution adopted and becoming effective prior to delivery of the Bonds to the initial purchasers thereof or in accordance with the provisions of Sections 5.01, 5.02 and 5.03 hereof. ,~. "Term Bonds" shall mean the Bonds all of which shall be stated to mature on one date and which shall be subject to mandatory redemption through the payment of Amortization Installments. "Unit" shall mean the Marco Island Beachfront Renourishment Facilities Municipal Service Tax;\n; Unit, or any successor thereto. SECTION 1.03. FINDINGS. It is hereby ascertained, determined and declared that: A. The Issuer adopted on June 14, 1988 a resolution ordering and providing for the holding of a bond election on the question of issuing not exceeding $5,000,000 general obligation bonds of the Issuer for purposes 01: acquiring and constructing of the Project. B. On November 8, 1988, a referendum was held and the issuance of the Bonds was approved by a vote of the electors within the Unit. c. The acquisition and construction of the Project is necessary and vital to the welfare of the citizens within the Unit and will be financed by proceeds of the Bonds issued pursuant to this Resolution. D. valorem not to It is deemed necessary and desirable to pledge an ad tax on all the taxable property within the Unit at a rate exceed one and one-half mills to the payment of the 6 Q~3/-fJ' g" ~~ .-~'~b ,c ~ " .r,., ,'\,1 ',ii. (~ l '.;' ,';: . .;. t/~ ,'".).; ,:~' .,i :~~~ 1'. MAY 2. 111. principal of, redemption premium, if any, and interest on the Bonds. SECTION 1.04. THIS RESOLUTION TO CONSTITUTE CONTRACT. In consideration of the acceptance of the Bonds authorized to b. issued hereunder by those who shall hold the same from time to time, this Resolution shall be deemed to be and shall constitute a contract between the Issuer and such Holde~s. The covenants and agreements herein SAt forth to be performed hy the Issuer shall be for the equal benefit, protection and security of the legal Holders of any and all of the Bonds, all of which s',lall be of equal rank and without preference, priority or distinct; on of any of the Bonds over any other thereof, .xcept'~s expressly provided therein and herein. SECTION 1.05. AUTHORIZATION OF PROJECT. The Issuer does hereby authorize the acquisition and construction of the project. ...... 7 g~.3/-/f. 9' ~ "l' < "iW ~. ,i. .,'",,1 ': ,,:~if,:Z ,'. ./.' :.' "tr. :. .,..'~,.Ji , .~:"', ;\jf ~.3,~~W;.' <:1'PI ,:",~ . .1 ',,,,.I' ,,' ,- ;;~ }.l '..;~ . "1';~; .,.) ~ ,. .;.~, \, t:j, yt, ;:~.:; ~ 'I.- 41, ~ "\19 ".';"I."J "",f';,;. _ ';:\, ' ,-"t..... "';h'