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Resolution 050-1993 RESOLUTION NO. 050 -1993 A RESOLUTION AMENDING A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, ENTITLED: "A RESOLUTION PROVIDING FOR THE ADVANCE REFUNDING OF THE OUTSTANDING REFUNDING IMPROVEMENT REVENUE BONDS, SERIES 1983, OF MONROE COUNTY, FLORIDA; AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $2,500,000 REFUNDING IMPROVEMENT REVENUE BONDS, SERIES 1993, TO FINANCE THE COST THEREOF; PROVIDING FOR THE PAYMENT OF SUCH BONDS FROM THE RACETRACK FUNDS AND JAI ALAI FRONTON FUNDS ACCRUING ANNUALLY TO MONROE COUNTY, FLORIDA, AND DISTRIBUTED TO THE BOARD OF COUNTY COMMISSIONERS; CONTAINING~RTAIN~ COVENANTS AND AGREEMENTS IN CONNECTION THEREWI'n!; c.:> AND PROVIDING AN EFFECTIVE DATE." ~; ~ ;:g [:1 a ~ t:rJ r -.- BY RE'@RN:PJG ~ ~.~ THE qEllJN~; ;;J --l ?J c> -0 ;tJ ;:-( ("') C ::3 rn -'1 .-1 -'- L......J> 0 r., ):- .-- 0 c' '"" -:u BE IT RESOLVED BY THE BOARD OF COUNTY COMMtsSIONER~ORJ MONROE COUNTY, FLORIDA: ;~- --.1 :....~ DULY ADOPTED ON JANUARY 13, 1993, CUSTODY OF THE COST OF ISSUANCE FUND TO AND PROVIDING AN EFFECTIVE DATE. SECTION 1. AUTHORITY resolution is adopted pursuant to Ordinance No. 1-1981 of Monroe applicable provisions of law. FOR THIS RESOLUTION. This Chapter 125, Florida Statutes, county, Florida, and other SECTION 2. FINDINGS. determined and declared that: It is hereby ascertained, A. The Board of County Commissioners of Monroe County, Florida (the "Governing Body"), on January 13, 1993, duly adopted a resolution entitled: "A RESOLUTION PROVIDING FOR THE ADVANCE REFUNDING OF THE OUTSTANDING REFUNDING IMPROVEMENT REVENUE BONDS, SERIES 1983, OF MONROE COUNTY, FLORIDA; AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $2,500,000 REFUNDING IMPROVEMENT REVENUE BONDS, SERIES 1993, TO FINANCE THE COST THEREOF; PROVIDING FOR THE PAYMENT OF SUCH BONDS FROM THE RACETRACK FUNDS AND JAI ALAI FRONTON FUNDS ACCRUING ANNUALLY TO MONROE COUNTY, FLORIDA, AND DISTRIBUTED TO THE BOARD OF COUNTY COMMISSIONERS; CONTAINING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE." (the "Resolution). B. It is necessary Resolution by returning custody of the county. SECTION 3. AMENDMENTS TO RESOLUTION. Section 6.12 of the Resolution is hereby amended to read as follows: and the desirable to amend the Cost of Issuance Fund to "SECl'rON 6.12 CUSTODIAL TRUST AGREEMENT. On or prior to the issuance of the Bonds, the Issuer shall enter into a custodial trust agreement with a bank or trust company, in regard to the Sinking Fund (including all accounts therein) established herein, in substantially the form attached hereto as Exhibit A." 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 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 of Monroe County, Florida, at January 26, 1993. the Board of County Commissioners a special meeting of the Board on (SEAL) ATTEST: 1)Al'ftiY L. XOLfiAGE, Clerk COUNTY, FLORIDA Mayor, BO~~- Commissioners ~c.~~ C er , Board of CtZfun y Commissioners 2 3Z47/MON59008/AE3