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Resolution 127-1981R_ 30LUTION NO. 127-1981 A RESOLUTION. FIXING THE DL.TE, SEMIANNUAL INa'-R2ST PAYMENT DATES, TERM BOND 1:ANDATORY ...A'.•. )?TIZATION INSTALLMENTS,. MA1^URITIES, R, EMPTION PROVISIONS AND PAYING tGENT F:. R $8, 000, 000 MONROE COUNTY MUNICIPAL S EY-,VICE DISTRICT IMPROVEMENT BONDS, SERIES 196J; AWARiING SUCH BONDS AT .PRIVATE SAL -- TO THE PURCHASER THEREOF; APPROVING THEI FORM AND DSSEMINATION OF THE OFFICIAL STA':EMENT FOR THE BONDS; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIOA,,�RS r_reinafter 'c.alled "Board") OF MONROE COUNTY, FLORIDA, the _ overning•, body• of the Monroe County Municipal Service Di stricr. hereinafter `'cabled "District"), that: SE,TI.ON 1. AUTHORITY FOR THIS RESOLUTION. This resolu- tion i_� adopted pursuant to Cn. 125, Fla. Stat. (1979); Chapter 8, Articles 1, II and III, of the Monroe County Code; and uthe� applicable provisions of -aw. SECTION 2. FINDINGS. It is hereby ascertained, dete-.- ined and ueclared that: A. The Board heretofore duly adopted on August 26, 1980, Reso.ut"ion No. 215-1980, entitled: RESOLUTION PROVIDING FOR THE ISSUANCE OF NOT -E-XCEEDING $8,000,_000 IMPROVEMENT SONUS, SERIES 198U, OF MONROE COUNTY MUNICIPAL S FRV.I:C:E DISTRICT; M10NROL COUNTY, FLORIDA, TO F'INANCr_' THE COST OF THE ACQUISITION AND COUISTRUCTION OF ADDITIONS, EXTENSIONS AND IMPROVEMENTS TO THE SOLID WASTE DISPOSAL FA,"ILITIES OF SUCH DISTRICT; PROVIDING FOR THIE PAYMENT OF THE BONDS FROM SPE,-.:AL ASSESSMENTS LEVIED AGAINST BENEFITED PRO- PERTY, AND CERTAIN INVESTMENT INCOME; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNEC- TION THEREWITH; AND PROVIDING AN EFFECTIVE DATE." and subsequently amended the same (hereinafter collectively alle,3 "Resolution") . B,. It is ri•ecessary. and desirably to fix date, semiannual interest payment dates, term bond mandatory amor- tization installments, maturities, redemption provisions and ..ayin3 agent for the bonds, as required by the Resolution. C. The characteristics of the bonds any the prevailing -1- municipal bond-marKet conditions dictate a negotiated sale'of the bonds,rather t. -han a public sale, and the bonds should be awarded o he puzchaser at r v to ne oti t d sale at this time.. based upor t ie ete urination as e .or`th 01 EXhiDit 1 hereof. D.. There has been, filed with the Board prior to the award 6f the bonds -pursuant to this resolution, a disclosure sta- t;-.ement as required dy §218. 385(6) , Fla. Stat. (Supp. 1980), which statement is•'a.t-tached hereto as Exhibit A. SECTION 3. REMAINING FISCAL DETAILS'OF BONDS. The bonas shall be -dated April .l., 1981; and shall bear interest at the rates' per -annurn specified. below, payable semiannually on s April 1 and. -October 1 of each year. $2,630,000 aggregate prin- cipal amount of the bonds shall mature serially in -numerical order on October 1 in the years and amounts and bear interest as follows: INTEREST INTEREST YEAR AMOUNT RATE YEAR AMOUNT RATE 1982 $40,000 .11.25b 1992 $120,000 10.00% 1983 413,000 000 172525 1993 130,000 10.17 1984 50,000 11.25 1994 145,000 10.20 1 985 55, 000 11. 25 199,5 160,000 10 .30 1986 651000 11.25 1996 175,000 10.40 1987 70,000 .�mll.25 1997 195,000. 10.50 1988 80,000 11.25 1998215,000 10.60 1 989 85,600 11,25 1999 240,000 10.70 1990 95,0a-b 11.25 2000 265,000 10.75 1 991 105, 000. 2001 295, 000 10.. 80 $5,3-71),000•aggregate principal amount of the bonds shall be issued as term bonds, -shall mature on October 1, 2011, and shall -bear interest at the rate of 11.25 % per annum. Mandatory amortization installments are hereby established for the term bonds due on October 1, 2U11, and such term. bonds due October 1, 2011, as shall be selected by lot, shall -be deemed to be due on October 1 in the years and amounts as follows: ' YEAR A, MOUNT. YEAR AMOUNT 2002 $325,000 , 2007 $540,000 2003 360,000 2008 600,000 2 O04 400, 0 Q0 2009 665,000 2 005 440,000 2010 735,000 2 0.06 490,000 2011 815,000 Principal amounts of the term bonds due on October 1, 9 -2- which shall be equal.`to the foregoing amortization _.nstallment,s,. shali be redeemed prior to maturity from money on deposit in. th•e-'$ond Amortization Fund, created and established by the Resolu.tioh, on October 1 .in any.o the years for which amor- tization installments a -re required, at the price of the principal amount thereof plus -accrued interest to the date of prior redemption, or be purchased in the open market at a price not to xceed such redemption price. Purchases of amounts of such term ;aonds in -the 4'en market in excess of the amortization installment required for a -'particular year, due to favorable market con4't Ens, shall reduce correspondingly the amount of the amortization..hs=tallment for the succeeding year. -The bonds maturing in the years 1982 to 1991, both inclusive, are not subject to redemption prior to their respec- 4 1 rive stated dates of maturity. The bonds maturing in the year 1992 and thereafter shall, at the option of the District,.be redeemable in whole at any time on or after October 1, 1991, or. in part, in inverse order of maturity and by lot within a maturity, on October 1, 1991, or on any interest payment date thereafter, at.a price of..par and accrued interest, plus the i ollowi'ng pre,i-iums, expressed as percentages of the par value of the bonds so ;z.e'deemed, if redeemed -,during the following periods: Period (Bdth Dates Inclusive) Premium October 1, 11991, �to September 30, 1993 2 1/2% October 1, 1993, to September 30, 1995 2% October 1, 1995, to September 30, 1997 1 1/2 October 1, 1997, to September 30, 1999 1% October. 1, 1999, to September 30, 200-1 1/25% October 1, 2001, and thereafter 0% SECTION 4. PAYING AGENT. The paying agent for the bonds shall "be BOULEVARD -BANK. SECTION 5. AWARD.OF BONDS. Subject to receipt by the Board of: notification from a nationally recognized rating service that the bonds have been assigned a rating in any one of the 3 ,ighest bond rating classifications, or subject to a computed aver,.�e net interest cost rate of not exceeding 11.59% per annum :rased upon the terms of the purchase proposal of William R. Hough rf - 3- & Co. for the bonds, whichever is applicable' and controlling, $ 8, 000, 000 Improvement Bonds, -Series 1980, of the District, as u cscribed herein` and in the Resolution', are hereby awarded and ld to William R. Hough & Co. at the price of $7,800,000.00 + plus a::crued.interest and upon the other terms and conditions con- t.9ined in the purchase proposal attached hereto as Exhibit B. SECTION 6. APPROVAL OF OFFICIAL STATEMENT. The form and dissemination of the Preliminary Official Statement, dated April 13, 198li•with respect to -the bonds are hereby approved, and the proper officers of.the District are hereby authorized to execute a finall�Official Statement with such variations from the- Preliminary -Official Statement as shall be approved by the appropriate officers and/or agents of the District, such approval to be evidenced by execution of the final Official Statement by the proper oLficers of the District on or prior to the bond closing. SEC°PION 7. REPEALING CLAUSE. All resolutions or parts thereof of the Board in conflict with the provisions herein con - gained ate, to the extent of such conflict, hereby superseded and r apealed. SECTION 8. EFFECTIVE DATE. effect immediately upon its adoptioh., DATED: April 21, 1981. (Seal) Attest: This resolution shall take .�WCI:PAL SERVICE DISTRICT OF rIQWE . COUNTY 1 APPROVED AS 70 FORM AND LEGAL SUFMIENCK X�By e4ttorney's -Office- EXHIBIT l Monroe County Mun icipal ' Service District_, .,Monroe 'County, Florida; in compliance with Section 218.385.(2) (a), Florida Stattues.,,hereby-finds, determines and declares that a negotiated sale o.'f the Bonds is in the best interests of the District for the -following reasons: A; When initially contemplated, the purpose and ,source of revenues securing.the issue, as well as ,.,adverse economic forecasts for the Keys precluded S.vide interest from prospective underwriters and .�nves:.ors. B. Contractual obligations were made by the District for construction.contracts in early 1980 for completion on September 15, 1981. Bond Anticipation Notes of $4,000,000, due May 15, 1981, were issued to obtain early funding for payment of committed construction draws through May 1, 1981. Competitive bidding process for permanen,:t financing, including funds for the redemption of the $4,000,000 of Notes will not accommodate t}le May 13, 1981 closing necessary to make..funds. avail- able to retire 'the Notes at 'maturity date, May 15, 1981. C. Fiscal Agent fees of approximately $40,000 are saved by the District by negotiating directly with the .:Underwriters. D% Interest rate fluctuations make it prudent for the District to issue bonds at presently available rates, rather than speculate on future rates. E. The current commitment from Municipal Bond Insurance Association, 'bond .insurers,. guaranteeing a lower interest -rate to the District by virtue of the rating of "AAA" as insured bonds, makes the marketing of the issue at once, desirable. ¢t Ai,ONROE COUNTY MUNICIPAh:'SERVICE DISTRICT Responding to Florida Statutes, Section 218.385 (a) Estimated Issuance -Expenses Payin�•,Agent Acceptance Fee Trustee.:Acceptance Fee Bond Cdunsel Fee (Freeman, Richardson, Wat$on, Kelly &.-Livermore, P.A.) Bond Ckunsel Expenses (estimated) t90%L =nouns 1 Fe (M H Cats , Es l Rats a -Fee eStanedard�& Poor s Cor�6fation) Bon:, Printing and Shipping •(Northern Bank Notes) Prepai-tion, Printing and Distribution. of Official Statement (William R. Hough & Co.) Signing and Closing (New York) Contingency TOTAL ESTIMATED ISSUANCE EXPENSES $ 1,000 2,000 16,000 1,200 15,OOQ 1,80 3;500 10,400 4,5'13/0 10,000 $65,400 (b) No person o- persons have any understanding regarding promised compensation or consideration, directly or in- directly, expressly or implied, to act as interme(llary between the issuer.and the managing underwriters in this transaction. (c) The ;anderwricing spread expected to be realized is less -those expenses paid by Underwriter. (d) There is.no management fee. (e) No fe6"'bbnus or other compensation will be paid by the Under- ,writer.s.•in connection with this issue, to any person not tegulaVly employed '-o,r' retained by the Underwriters. (f) Williaiz .,R. Hough &' Co . , 11 Fourth Street North, St .' Pe,:.ers- burg, Florida 33701, is the Underwriter. Submitted by William R. Hough & Co., as Underwriter. By: orth T Bladkweii;,Vice 111resicLent Exhibit A