Resolution 259-1990
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RESOLUTION NO.
259-1990
610 '7- to(10)
A RESOLUTION AMENDING A RESOLUTION!6F THE
BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, ENTITLED:
"A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
PROVIDING FOR THE ISSUANCE OF NOT EXCEEDING
$12,500,000 SALES TAX BOND ANTICIPATION NOTES,
SERIES 1990, IN ANTICIPATION OF RECEIPT BY THE
COUNTY OF PROCEEDS FROM THE SALE OF ITS NOT
EXCEEDING $40,000,000 SALES TAX REVENUE BONDS,
SERIES 1991; AUTHORIZING THE SALE OF THE NOTES
AT PUBLIC SALE; AUTHORIZING PREPARATION OF THE
OFFICIAL STATEMENT FOR THE NOTES; MAKING
CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION
THEREWITH; AND PROVIDING AN EFFECTIVE DATE."
DULY ADOPTED ON MARCH 27, 1990, BY MAKING
CHANGES NECESSARY FOR RECEIPT OF A NOTE RATING
FROM STANDARD & POOR'S CORPORATION; AND
PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
AUTHORITY FOR THIS RESOLUTION.
This
SECTION 1.
resolution is adopted pursuant to Section 215.431, Florida
Statutes, and other applicable provisions of law.
SECTION 2.
It is hereby ascertained,
determined and declared that:
FINDINGS.
Florida (the "Governing Body"), on March 27, 1990, duly adopted a
A. The Board of County Commissioners of Monroe County,
resolution entitled:
"A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
PROVIDING FOR THE ISSUANCE OF NOT EXCEEDING
$12,500,000 SALES TAX BOND ANTICIPATION NOTES,
SERIES 1990, IN ANTICIPATION OF RECEIPT BY THE
COUNTY OF PROCEEDS FROM THE SALE OF ITS NOT
EXCEEDING $40,000,000 SALES TAX REVENUE BONDS,
SERIES 1991; AUTHORIZING THE SALE OF THE NOTES
AT PUBLIC SALE; AUTHORIZING PREPARATION OF THE
OFFICIAL STATEMENT FOR THE NOTES; MAKING
CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION
THEREWITH; AND PROVIDING AN EFFECTIVE DATE."
(the "Resolution).
B.
It is necessary
and desirable to amend the
Resolution by making changes necessary for receipt of a note
rating from Standard & Poor's Corporation, New York, New York.
SECTION 3. AMENDMENT TO RESOLUTION. Section 4.01C of
the Resolution is hereby amended to read as follows:
"C. SALE OF BONDS.
The Issuer shall sell and deliver
at least 30 days prior to the date of maturity of the Notes, a
sufficient principal amount of the Bonds to pay the principal of
and interest on the Notes at their maturity, or redemption prior
to maturity, as the case may be.
However, should the Issuer
desire to retire the Notes with other legally available funds,
the Governing Body shall amend the Bond Resolution by reducing
the authorized amount of the Bonds by the principal amount of
Notes to be so retired, prior to such retirement of the Notes."
SECTION 4. SEVERABILITY OF INVALID PROVISIONS. If any
one or more of the provisions contained in this resolution 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
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3247/MON59003/ABl/042690
invalid, then such provisions shall be null and void and shall be
deemed separable from the remaining provisions, and shall in no
way affect the validity of any of the other provisions hereof.
SECTION 5. REPEALING CLAUSE.
All resolutions or parts
thereof of the Governing Body in conflict with the provisions
contained in this resolution are, to the extent of such conflict,
hereby superseded and repealed.
SECTION 6. EFFECTIVE DATE.
This resolution shall take
effect immediately upon its adoption.
Passed and adopted by the Board of County Commissioners
of Monroe County, Florida, at a special meeting of the Board on
May 2, 1990.
(SEAL)
ATTEST : DANNY L. KOLHAGE, Clerk
MON;;ll~
By
Mayor, Board of County
Commissioners
.~
~:fjTOI'GItM
ANDf~
BY .
Attorney'. ORice
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3247/MON59003/ABl/042690