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Resolution 112-1993 Clerk of Courts RESOLUTION NO. 112-1993 A 'ltESOLUTION AUTHORIZING MONROE COUNTY "PUBLIC AGENCY" TO JOIN WITH OTHER PUBLIC AGENCIES AS A PARTICIPANT OF THE FLORIDA ARBITRAGE AND INVESTMENT MANAGEMENT TRUST BY EXECUTION AND DELIVERY OF A DECLARATION OF TRUST; AUTHORIZING THE PUBLIC AGENCY TO INVEST IN SHARES OF THE TRUST AND IN INDIVIDUAL PORTFOLIOS; PROVIDING CERTAIN DETAILS; AND PROVIDING AN EFFECTIVE DATE. =- cD o C,.)..,., ;;!: :;0 ~ :::::J I ~~ Q~ ~ ~ (th~') ~~tep ." '-II' r- --.J 0 if authorized ~~ ~heir ~ -i. 0 ::0 ..... -< r- ;:3 '" legislative or other governing bodies, two or mor~~~l~, g ~ c:') .....' :::0 agencies by agreement may jointly exercise any power ~lIDII.8i\ ~ c )> WHEREAS, Section 163.01 (4), Florida Statutes local Cooperation Act") provides that, the contracting parties; and WHEREAS, Section 163.01(3)(b) of the Interlocal Cooperation Act defines "public agency" to include any political subdivision or agency of the State of Florida, including, but not limited to, a county, school board, city, or special district of this state; and WHEREAS, Public Agency is a "public agency," as that term is defined in the Interlocal Cooperation Act; and WHEREAS, public agencies are authorized to invest surplus public funds belonging to, or in the custody of, the public agency in certain specified investments; and WHEREAS, the Florida Arbitrage and Investment Management Trust (the "Trust") was established as a separate legal entity, pursuant to and in accordance with the Interlocal Cooperation Act, by a Declaration of Trust, made as of April 10, 1992, (the "Declaration of Trust") by The School Board of Escambia County, Florida; the City of Lakeland, Florida; and the City of Fort Lauderdale, Florida, as the initial participants of the Trust (the "Initial Participants"), as a cotmDon law trust instituting a separate legal entity by which public agencies may jointly exercise their cotmDon power to invest bond proceeds, and to secure related record keeping, custodial and Federal arbitrage rebate calculation services; and WHEREAS, pursuant to and in accordance with the Interloca1 Cooperation Act, the Public Agency desires to join with the other public agencies, which are or will be Participants of the Trust by adopting the Declaration of Trust, in the form which has been presented to this meeting, by authorizing the approving the execution of the Joinder of Participant Amendment to Declaration of Trust (the "Joinder"), in the form which has been presented to this meeting; and WHEREAS, there has been present to this meeting an Information Statement describing the Trust and the individual portfolios to be managed by the investment advisor to the Trust (the "Information Statementl1); and WHEREAS, it is in the best of Monroe County (the "Public Agency") to participate in the Trust and accomplish the purposes set forth in the Declaration of Trust; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMI SS lONERS OF MONROE COUNTY, FLORIDA, the Pub 1 ic Agency, as follows: Section 1. The Public Agency is hereby authorized to join with other public agencies to and in accordance with the Interlocal Cooperation Act to execute the Joinder and thereby 2 become a Participant in the Trust, which Joinder and Declaration of Trust are hereby approved and adopted. A copy of the Joinder and Declaration of Trust shall be filed with the minutes of this meeting. The Mayor/Chairman is hereby authorized to execute, and the Clerk is hereby authorized to attest and deliver the Joinder, in substantially the form presented at this meeting. Section 2. The Public Agency is hereby authorized to purchase shares in the Trust from time to time with available bond proceeds of the Public Agency, and to redeem some or all of those shares from time to time as such proceeds are needed for the purposes for which such bonds were issued. Section 3. The Public Agency is hereby authorized to invest available bond proceeds of the Public Agency from time to time in one or more individual portfolios managed by the investment adviser to the Trust and described in the Information Statement. Section 4. The appropriate officers, agents and employees of the Public Agency are hereby authorized and directed in the name and on behalf of the Public Agency to take all actions and to make and execute any and all certificates, requisitions, agreements, notices, consents, warrants and other documents, which they, or any of them, might deem necessary or appropriate in order to carry out the provisions of the Declaration of Trust and to otherwise accomplish the purposes of this Resolution. Section 5. This Resolution shall take effect at the earliest date permitted by law. 3 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of the Board held on J..jj;h day of -maAA..h , A.D. 1993. the Mayor London YP~ Mayor Pro Tem Cheal Yes Commissioner Harvey Yes Commissioner Freeman Yes Commissioner Reich Yes ,l' (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK BYiJoaWC,~~ Clerk' COUNTY COMMISSIONERS OUNTY, FLORIDA By vifaimt 4 JOINDER OF PARTICIPANT AMENDMENT TO DECLARATION OF TRUST WHEREAS, Monroe County, Florida, (the "Public Agency") wishes to become a Participant under that certain Declaration of Trust (the "Declaration of Trust") established by The School Board of Escambia County, Florida; the City of Lake1and, Florida; and the City of Fort Lauderdale, Florida, as initial participants dated as of April 10, 1992, as amended from time to time pursuant to its terms; NOW, THEREFORE, the unders igned Jack London and Danny L... Kolhage, as Mayor/Chairman and Clerk, respectively, Of~, Monro~ -r\ County, Florida, do hereby declare for the Public AgeRy cJ:h~ r- fo 110wing : ~ ~ ::D rt1 1'1~::z ::a 0 1. The Public Agency has adopted the Declaration a!n~s~ 6 by Resolution and a copy of Declaration of Trust has be~ ~1Jed ;0 with the minutes of the meeting where such Resoluti~n:a ~as~ ~ adopted. :" ~ x ....1 g " ~ .....'::0 2. The Public Agency is a public agency as def!iedrninc.n 0 Section 163.01(3)(b), Florida Statutes. 6 ~ J:. 3. The Public Agency has authorized and approved the execution of this Joinder of Participant Amendment to Declaration of Trust (the "Amendment") by the Mayor/Chairman and Clerk of the Public Agency. 4. By execution hereof by the Mayor/Chairman and Clerk of the Public Agency, the Publi.c Agency agrees to observe and perform all of its obligations under the Declaration of Trust. 5. The Public Agency acknowledges that execution hereof by the Mayor/Chairman and Clerk of the Public Agency will constitute execution of the Declaration of Trust as of the date hereof and that the Public Agency will be bound by the terms of the Declaration of Trust, as amended from time to time pursuant to its terms, from the date this Amendment is filed with the clerk of the circuit court of each county where a party to the Declaration of Trust is located until the earlier of (i) termination of the Declaration of Trust by its terms or by law or (ii) proper adoption and execution of a Severance of Participant Amendment by the Public Agency. IN WITNESS WHEREOF, the undersigned have executed this Amendment this J.!::hh day of '-fY)~ ,1993. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK By~UC.~.D.C. Cler - COUNTY COMMISSIONERS COUNTY, FLORIDA ~ a~rman A 500 Whitehead Street Key West, Florida 33040 STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument has sworn to and acknowledged before me this 18 day of MARCH ,1993, by Jack London, Mayor/Cha1.rman of the Board of County Commissioners of Monroe County, Florida, on behalf of Monroe County, Florida. He is personally known to me or has produced as identification and did take an oath. My commission expires: bu~ Print Name: @ HL: rl ANN JANTZEN Notcry 5T A TE OF FLORDA Public My Conm Exp f21YJ/~ BONDED RUTH ANN JANTZEN Address: 500 WHITEHEAD STREET KEY WEST, FL. 33040 (NOTARY SEAL) ~fjFORM AND~ ~ BY 1 Attome($ Office 2