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Resolution 260-1990 . , 0 0 0::: ':'t 0 .q c..; L:. 0- r:.:.. ,., '\0 .- r-=... ~ U. C. :!.= u.J u... ~ RESOLUTION NO. 260-1990 RESOLUTION ACCEPTING BID AND AWARDING $12;500,000 SALES TAX BOND ANTICIPATION NOTES, SERIES 1990, OF MONROE COUNTY, FLORIDA, TO THE SUCCESSFUL BIDDER; APPROVING THE PRELIMINARY OFFICIAL STATEMENT FOR THE NOTES; FIXING THE REG~TRAR AND PAYING AGENT FOR THE NOTES; AND PRO~DING AN EFFECTIVE DATE. , BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS, OF MONROE COUNTY, FLORIDA: SECTION 1. AUTHORITY FOR RESOLUTION. This resolution is adopted pursuant to Sections 215.431 and 215.84, Florida Statutes, and other applicable provisions of law. SECTION 2. FINDINGS. It is hereby ascertained, determined and declared that: A. The Board of County Commissioners (the "Governing Body") of Monroe County, Florida (the "Issuer"), met on May 2, 1990, at 2:30 p.m., EDT, to consider all bids submitted for the $12,500,000 Sales Tax Bond Anticipation Notes, Series 1990 (the "NoteS"), of the Issuer. B. The following bids were submitted: Bidder True Interest Cost/Rate William R. Hough & Co. and Merrill Lynch Capital Markets Chemical Securities, Inc. Shearson Lehman Hutton Inc. Erlich Bober & Co. Inc. Morgan Stanley & Co. Incorporated Prudential-Bache Securities Inc. J. P. Morgan Securities Inc. 6.57698909% 6.67832644 6.90229036 6.87344338 6.80180455 6.97406757 6.99756002 C. The Issuer expects to receive from Standard & Poor's Corporation, New York, New York, and Moody's Investors Service, New York, New York, prior to issuance of the Notes, note ratings in one of their 3 highest classifications. D. After due consideration it appears that the bid of William R. Hough & Co. and Merrill Lynch Capital Markets (the "Purchaser"), in the amount of $12,475,000.00 and accrued interest for the Notes, bearing interest as hereinafter stated, is the best bid received and should be accepted. E. It is necessary and desirable to Preliminary Official Statement for the Notes registrar and paying agent therefor. SECTION 3. SALE OF NOTES. Selection of the May 2, 1990, sale date for the Notes, by the County Administrator, is hereby ratified and confirmed. The Notes are hereby awarded and sold to the Purchaser at a price of $12,475,000.00 and accrued interest for the Notes, bearing interest at the rate of 6.65% per approve the and fix the annum. SECTION 4. EXECUTION AND DELIVERY OF NOTES. The proper officers of the Issuer are hereby authorized and directed to execute the Notes when prepared and to deliver the same to the Purchaser upon payment of the purchase price pursuant to the conditions stated in the Official Notice of Sale, without further authority from this Governing Body. 2 3247/MON59003/AC3/043090 SECTION 5. RETURN OF GOOD FAITH CHECKS. The proper officer of the Issuer is hereby authorized and directed to return forthwith the good faith checks of the unsuccessful bidders. SECTION 6. APPROVAL OF PRELIMINARY OFFICIAL STATEMENT. The form and dissemination of the Preliminary Official Statement ("deemed final" (except for permitted omissions) as of its date for purposes of SEC Rule 15c2-12(b)(1)) with respect to and in connection with the marketing of the Notes are hereby ratified and approved. The proper officers and/or employees of the Issuer are hereby directed to cause the final Official Statement for the Notes to be prepared in substantially the form of the Preliminary Official Statement, with such changes and additions as may be suggested from time to time by the proper officers and/or employees of the Issuer. SECTION 7. REGISTRAR AND PAYING AGENT. The registrar and paying agent for the Notes shall be First Florida Bank, N.A., Tampa, Florida. SECTION 8. NECESSARY ACTION. The proper officers of the Issuer are hereby designated agents of the Issuer in connection with the issuance of the Notes, and are authorized and empowered, individually or collectively, to take all action and steps and to execute and deliver any and all instruments, documents or contracts on behalf of the Issuer which are necessary and desirable in connection with the execution and delivery of the Notes and which are not inconsistent with this resolution and any other action relating to the Notes. The chief financial officer of the Issuerl or his designee, is further 3 3Z47!MON59003!AC3!043090 . . authorized to make or effect any election, selectionl choice, consent, approval or waiver on behalf of the Issuer with respect to the Notes as the Issuer is permitted or required to make or give under the federal income tax laws, for the purpose of assuring, enhancing or protecting favorable tax treatment or characterization of the Notes or interest thereon or assisting compliance with requirements for that purpose, reducing the burden or expense of such compliance, reducing the rebate amount or payments of penalties thereon, or making payments in lieu thereof, or obviating such amounts or payments, as determined by such officer, or his designee. Any action of such officer, or his designee, in that regard shall be in writing and signed by the officer, or his designee. SECTION 9. 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 10. 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 MONROE 59~NTY, FLORIDA - BY ~c;/c;....~ Mayor, Board of County Commissioners iP~ 4 APMn~ -:t~~ORM A~D I {tJCNCy' cav " , Atrornoy's Office 3247/MON59003/AC3/043090