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Resolution 1989-113 ~1,', , \" ",,, ..'i t. ,l" # -_..,"--~..._- ---- MAl' 2" 1111 ~ J# ~'" ';;.. '~/ I' 'l " -t " RESOLUTION NO. 89-113 " ,'" RESOLUTION SUPPLEMENTING A aESOLUTION ENTITLED: "A RESOLUTION AUTHORl ZING THE ISSUANCE OF $5,000,000 COLLIER COUNT~, FLORIDA MARCO ISLAND BEACH FRONT REN<.lURISHMENT FACILITIES MUNICIPAL SERVICE TA:(ING UNIT LIMITED GENERAL OBLIGATION BONDS, SERIES 1989 TO FINANCE THE COST OF ACQUISITION AND CONSTRUCTION OF BEACH FRONT RENOURISHMENT AND STORM 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": PROVIDING CERTAIN TERMS AND DETAILS OF SAID BONDS, INCLUDING AUTHORIZING " A NEGOTIATED SALE OF SAID BONDS AND THE EXECUTION AND DELIVERY OF A CONTRACT OF PURCHASE WITH RESPECT THERETO: APPOINTING THE REGISTRAR AND PAYING AGENT FOR SAID BONDS: AND AUTHORIZING THE EXECUTION AND DELIVERY OF A FINAL OFFICIAL STATEMENT WITH RESPECT THERETO. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ACTING ON ITS OWN BEHALF AND AS THE GOVERNING BODY OF THE MARCO ISLAND BEACH FRONT RENOURISHMENT FACILITIES MUNICIPAL SERVICE TAXING UNIT: SECTION 1. FINDINGS. It is hereby found and determined that: (A) On the date hereof, the Board of County Commissioners of Collier County, Florida (the "Issuer"), duly adopted a ReSOlution, the title of which is quoted in the title of this Resolution for the purposes described therein (the "Original Resolution"), authorizing, among other things, the issuance of Collier County, Florida Marco Island Beachfront Renourishment Facilities Municipal :,r' ""'-.. .' '~:~f ,: :;,:} 'l(, :i 9 ~3/-/l.1()3 It/I ...""'_..,""....=...~.._.~'""---.,- w .. ~.~_-...-_""._,..."""-""'._.. MAl' 2, 1811I ' " . service Taxing Unit Limited General obligati~n Bonds, Series 1989 (the "Bonds"). (B) Due to the present volatility of the market for tax-exempt obligations such as the Bonds, it is in the best interest of the Issuer to sell the Bonds by a negotiated sale, allowing the Issuer to enter the market at the most advantageous time, rather than at a specified adver':ised date, thereby permitting the Issuer to obtain the best possible price and interest rate for the Bonds. The Issuer acknowledges receipt of the information required by Section 218.385, Florida Statutes, in connection with the negotiated sale of the Bonds. A copy of the "-.. ~ letter of the underwriter for said Bonds containing the aforementioned information is attached to the form of Contract of Purchase referred to below. (C) Subsequent to the adoption of the original Resolution, Smith Barney, Harris Upham' Co. Incorporated (the "Underwriter") has offered to purchase $5,000,000 aggregate principal amount of the Bonds from the Issuer and has submitted a Contract of Purchase attached hereto as Exhibit A (the "Contract of Purchase") expressing the terms of such offer, and the Issuer does hereby find and determine that it is in the best financial interest of the Issuer that the terms expressed in the Contract of Purchase be accepted by the Issuer. (D) The original ReSOlution provided that the Bonds shall mature on such dates and in such amounts, shall bear such rates of interest, shall be payable in such places and shall be subject to 2 .f9~3 I-If. ItJ~ ___'~___"''''-'''''''''''''''"_''''""'"'~____''""~~""_,_.,~,,,,,>._,_,''''''k_, :~ "ft.: lr, ;t~ ~. '~( , '}. d~ MAl' a, 1111 c such redemption provisions as shall be determined by Supplemental Resolution adopted by the Issuer: and it is now appropriate that the Issuer determine such terms and details. SECTION 2. DEFINITIONS. When used in this Supplemental Resolution, the terms defined in the Original Resolution shall have the meanings therein stated, except as such definitions shall be hereinafter amended. SECTION 3. AUTHORITY FOR THIS SUPPLEMENTAL RESOLUTION. This supplemental Resolution is enacted pursuant to the provisions of the Act and other applicable provisions of law. SECTION 4. AUTHORIZATION AND DESCRIPTION OF BONDS. Issuer hereby determines to issue $5,000,000 in aggregate principal amount of Bonds in accordance with section 2.01 of the original Resolution. Said Bonds shall be dated May 1, 1989, shall be issued in the form of fully registered Bonds in the denomination of $5,000 or any integral multiple thereof, shall be numbered consecutivelY from one upward in order of maturity preceded by the letter "R", shall bear interest from May 1, 1989, payable semiannually, on January 1 and July 1 of each year, commencing on January 1, 1990, at such rates and maturing in such amounts on July 1 of such years as provided in Schedule I hereto. The Bonds will be insured by a Municipal Bond Insurance Policy provided by AMBAC Indemnity corporation. SECTION 5. REDEMPTION PROVISIONS. The Bonds shall be subject to redemption as set forth in Schedule II attached hereto. 3 9~3/-/T, /OS ,;.. , h~ t~~ ~. ~ ',~ . ~ " ,_' 'f ,t , , 'if, , f. ,:ii The lif~ ,,;;:.' :1:i -'.l,;ji f i'V';r" ; "'lol - ~ ")a't ~..,.' iIof ,~~ ,~ .. , . -",., L:~; ~.~ t,l>>;(: <"7,{,; . 5:~ ,f' ' otw. :~\--. " Ii>. .f l ". ;; ~'j , ".t; MAY 2, nil, '. '.' ", :i~~,1i , ':~~r;'p SECTION 6. SALE OF THE BONDS. The BO'lds shall be sold to the Underwriter pursuant to the Contract of Purchase at the purchase price provided therein (including any original issue discounts), plus accrued interest on the Bonds from the date of the Bonds to the date of delivery and payment the;:efor: all the terms and conditions set forth in said Contract of Purchase being hereby approved. The Chairman is hereby authorized and directed to execute said Contract of Purchase and to deliver the same to the Underwriter. SECTION 7. PRELIMINARY OFFICIAL STATEMENT. The use and ..... . distribution of the Preliminary Official statement, dated April 26, 1989, which is attached hereto as Exhibit B, by the Underwriter for the purpose of offering the Bonds for sale is hereby authorized and ratified. SECTION 8. OFFICIAL STATEMENT. The form, terms and provisions of the Official statement, dated the date hereof, in substantially the form of the preliminary Official statement attached hereto as Exhibit B, relating to the Bonds, be and the same hereby are approved with respect to the information therein contained. The Chairman and Clerk are hereby authorized and directed to execute and deliver said Official Statement in the name and on behalf of the Issuer, and thereupon to cause such Official statement to be delivered to the Underwriter with such changes, amendments, omissions and additions as may be approved by the Chairman. Said Official Statement, including any such changes, amendments, modifications, omissions and additions as approved by 4 n /"> .... t'/,~ / -A. /tJb _;:1 ' ...; J{f ."'~ ;':), ,.I , )';'i',' ,~ .. I..'" <, -~t '.., " " '.'; J.1I.\ , ,,~ ~., ~" ,)':~ ". ,;' . , , . , s' ~" .":, ;~;i', t..:-~ .: ,.: .~ A: ~. . f~ .. .t'~' " ~~ , ,~. MAl' 2, UII i'if '.~ the Chairman, and the information contained therein are hereby authorized to be used in connection with the ~ale of the Bonds to the public. Execution by the Chairman of tho Official Statement shall be deemed to be conclusive evidence "f approval of such changes, amendments, modifications, omissions and additions. SECTION 9. APPOINTMENT OF REGISTRAR AND PAYING AGENT. Florida National Bank, st. Petersburg, l'lorida, is hereby designated Registrar and Paying Agent for the Bonds. The Chairman and the Clerk are hereby authorized to enter into any aqreement which may be necessary to effect the transactions contemplated by this Section 8. --- SECTION 10. GENERAL AUTHORITY. The members of the Board of County Commissioners, the Clerk of the Issuer and the Officers, attorneys and other agents or employees of the Issuer are hereby authorized to do all acts and things required of them by this Supplemental Resolution, the Original Resolution or the Contract of Purchase, or desirable or consistent with the requirements hereof or the Original Resolution or the Contract of Purchase for the full punctual and complete performance hereof or thereof. Each member, employee, attorney and officer of the Issuer or the Board of County Commissioners and the Clerk is hereby authorized and directed to execute and deliver any and all papers and instruments and to be and cause to be done any and all acta and thinqs necessary or proper for carrying out the transactions contemplated hereunder. 5 ;;,. , "j:' :.~1 f.;~' .f:("', ,I "; ,. i C9~ 3/-19. /~,7 / /1~ ..;, 't,{I~-'\ ~."~Vj ~"'{, ~",~-{" 'A;~: .~~;:~'"':' ;~ .'-tS:~::'~ " t ! , L - MAl' 2, 1111 SECTION 11. SEVERABILITY AND INVALID PROVISIONS. If anyone or more of the covenants, agreements or provisions herein contained shall be held contrary to any express provisic,n of law or contrary to the policy of express law, though not expressly prOhibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separable from the remaining covenants, agreements or provisions and shall in no way affect the validity of any of the other provisions hereof or of the Bonds. SECTION 12. ORIGINAL RESOLUTION TO CONTINUE IN FORCE. Except as herein expressly provlded, the original'Resolution and all the terms and provisions thereof are and shall remain in full force and effect. SECTION 13. EFFECTIVE DATE. This Supplemental Resolution shall become effective immediately upon its adoption. ADOPTED, in Regular Session, this 2nd day of May, 1989. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ACTING ON ITS OWN BEHALF AND AS GOVERNING BODY OF THE MARCO ISLAND BEACIIFRONT RENOURISHMENT FACILITIES MUNICIPAL SERVICE TAXING UNIT (SEAL) d/I'~ CMirman , '~\iARO/J .,- f' .,~~":'A~STt t:.. ~,:,~",..",.,~" ~.' : I I' . . . ~; '~, ~,.. ;.~. . Cl k _ t'" ~ .' r ~,. .... " ' .' '.j' ...."" .'. .,." .'.. ..... . . .~ ", ~'!1~"~\"' .~ _ J .C ~~( 6 ,.....'.::-'.'/',.,. ;:r::;?-\ 'q~3/;'~ ,. " ," ,t y~ '~ .;~: .~. ~~ '"I , >, , , . . ~ ';:'~;