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Item C38BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: April 15, 2009 Division: County Administrator Bulk Item: Yes X No Department: Office of Management & Budget Staff Contact Person/Phone #: Tina Boan-4472 AGENDA ITEM WORDING: Approval of a Resolution amending Resolution 424-2007 adopted on November 14, 2007; providing for changes to the Series 2007 Project; and providing an effective date. ITEM BACKGROUND: At the March 18th, 2009 meeting the Board directed staff to reallocate funding from the Public Works Facility to the Cudj oe-Regional Wastewater Project in order to move forward with wastewater projects in Monroe County. PREVIOUS RELEVANT BOCC ACTION: Approval of Resolution 424-2007 CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: $3.7 million BUDGETED: Yes x No COST TO COUNTY: SOURCE OF FUNDS: 2007 Revenue Bond REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing X Risk Management N/A DOCUMENTATION: DISPOSITION: Revised 11/06 Included X Not Required AGENDA ITEM # RESOLUTION NO. RESOLUTION AMENDING RESOLUTION NO. 424- 2007 ADOPTED ON, NOVEMBER 14, 2007; PROVIDING FOR CHANGES TO THE SERIES 2007 PROJECT; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: SECTION 1. FINDINGS. It is hereby found and determined that: (A) On February 13, 2003 the Board of County Commissioners (the "Board") of Monroe County, Florida (the "Issuer") adopted Resolution No. 77-2003 (as amended and supplemented, the "Bond Resolution"), which, among other things, authorized the issuance of Infrastructure Sales Surtax Revenue Bonds from time to time for the principal purpose of financing or refinancing the acquisition, construction and equipping of various capital improvement projects. (B) On, November 14, 2007, the Board adopted Resolution No. 424-2007, (the "Supplemental Bond Resolution"), which, among other things, supplemented the Bond Resolution and authorized the issuance of Monroe County, Florida Infrastructure Sales Surtax Revenue Bonds, Series 2007 (the "Series 2007 Bonds") for the purpose of financing the acquisition, construction and equipping of various additional capital improvement projects. (C) Pursuant to the Bond Resolution, the Issuer issued the Series 2007 Bonds on December 14, 2007, in the aggregate principal amount of $29,415,000, for the principal purpose of financing the acquisition, construction and equipping of various capital improvements described in the Supplemental Bond Resolution (collectively, the "Series 2007 Project"). (D) The Issuer has other capital improvement needs that must be acquired, constructed and equipped which were not included within the Series 2007 Project. (E) It is in the best interests of the Issuer to amend the Supplemental Bond Resolution to allow proceeds of the Series 2007 Bonds to be used to pay the costs of such capital improvements. SECTION 2. DEFINITIONS. When used in this Supplemental Resolution, the terms defined in the Bond Resolution shall have the meanings therein stated. SECTION 3. AUTHORITY FOR THIS SUPPLEMENTAL RESOLUTION. This Supplemental Resolution is adopted pursuant to the provisions of the Act and the Bond Resolution. SECTION 4. AMENDMENT TO THE SUPPLEMENTAL BOND RESOLUTION. Exhibit A to Resolution No.424-2007, setting forth the Series 2007 Project is hereby amended in its entirety as set forth in the attachment hereto, designated as AMENDED EXHIBIT A. The foregoing amendment to the Supplemental Bond Resolution is being made in accordance with Sections 7.01(G) and (1) of the Bond Resolution and accordingly, neither the consent of the Bondholders nor the Insurers is required or being sought. SECTION 5. GENERAL AUTHORITY. The members of the Board, the Clerk, the County Administrator 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 or desirable or consistent with the requirements hereof for the full punctual and complete performance of all the terms, covenants and agreements contained herein and each member, employee, attorney and officer of the Issuer or the Board, the Clerk, and the County Administrator is hereby authorized and directed to do and cause to be done any and all acts and things necessary or proper for carrying out the transactions contemplated hereunder. SECTION 6. SEVERABILITY AND INVALID PROVISIONS. If any one or more of the covenants, agreements or provisions herein contained shall be held contrary to any express provision 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 Series 2007 Bonds. SECTION 7. RESOLUTION TO CONTINUE IN FORCE. Except as herein expressly provided, the Resolution and all the terms and provisions thereof are and shall remain in full force and effect. SECTION 8. EFFECTIVE DATE. This Supplemental Resolution shall become effective immediately upon its adoption. 2 ADOPTED at a regular meeting of the Board of County Commissioners on the 15th day of April, 2009 (SEAL) ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA 3 Mayor AMENDED EXHIBIT A SERIES 2007 PROJECT • The Series 2007 Project generally includes the following: • acquisition, construction and equipping of a new fire station/EMS facility on Stock Island • acquisition, design, construction and equipping of a new wastewater treatment plant and collection system for Cudjoe Regional Wastewater System • acquisition, construction and equipping of a new fire station on Big Pine Key • acquisition, construction and equipping of a new fire station on Conch Key • acquisition, construction and equipping of a public works compound at Rockland key • capital improvements at Big Pine Park • pursuant to the terms of the Resolution, the County will deposit a sufficient amount of proceeds of the Series 2007 Bonds to the 2007 Project Account in order to satisfy all of its remaining reimbursement obligations under the KLWTD Agreement 11