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Resolution 199-1993 RESOLUTION NO. 199- 1993 RESOLUTION ACCEPTING BID AND AWARDING $7,230,000 REFUNDING REVENUE BONDS, SERIES 1993, OF MONROE COUNTY, FLORIDA, TO THE SUCCESSFUL BIDDER; APPROVING THE PRELIMINARY OFFICIAL STATEMENT FOR THE BONDS; CANCELLING AUTHORIZATION FOR THE ISSUANCE OF THE BAL~CE OF THE BONDS; FIXING THE BOND REGIST~R~ PAYING AGENT AND ESCROW HOLDER WITH RESPEC$~~ THE BONDS; AND PROVIDING AN EFFECTIVE DATE&;~:~:.r ~ -., BE IT RESOLVED BY MONROE COUNTY, FLORIDA: BOARD OF COUNTY 3 ::x::. -< _, N '--~ ~ COiM1SSIO~ERS .:........,. -....... :<1 C:J ..., ..-:) THE QF '-'1 :- .h:.;:Q SECTION 1. AUTHORITY FOR RESOLUTION. This res~ution is adopted pursuant to Sections 215.84 and 218.385, Florida Statutes, and other applicable provisions of law. SECTION 2. FINDINGS. determined and declared that: It is hereby ascertained, A. The Board of County Commissioners of Monroe County, Florida (the "Governing Body"), the governing body of Monroe County, Florida (the "Issuer"), met on May 5, 1993, to consider all bids submitted for the Refunding Revenue Bonds, Series 1993 (the "Bonds"), of the Issuer. A tabulation or copies of such bids are attached hereto as an exhibit. B. After due consideration it appears that the bid of William R. Hough & Co. (the "Purchaser"), in the amount of $7,l03,638.40 (adjusted as specified in the Office Notice of Sale for the Bonds), the "Bid Price," and accrued interest for the Bonds, bearing interest as hereinafter stated and specifying the issuance of a municipal bond insurance policy by Financial Guaranty Insurance Company (the "Insurer"), is the best bid received and should be accepted, subject to adjustment as described below. C. The Issuer has received a commitment (the "Commitment") for municipal bond insurance from the Insurer and, therefore, expects to receive from Standard & Poor's Corporation, New York, New York, or Moody's Investors Service, New York, New York, prior to issuance of the Bonds, a bond rating in one of its 3 highest classifications. D. It is necessary and desirable to approve the Preliminary Official Statement for the Bonds; recalculate the Bond issue size, maturity schedule and purchase price for the Bonds, based upon the final refunding escrow calculations; and fix the bond registrar, paying agent and escrow holder with respect to the Bonds. SECTION 3. AWARD OF BONDS. After consideration of the final refunding escrow calculations, and the recommendations of the financial advisor to the Issuer concerning adjustments to the Bond issue size, maturity schedule and purchase price for the Bonds, the Bonds, in the aggregate principal amount of $7,230,000, are hereby awarded and sold to the Purchaser at the Bid Price and accrued interest for the Bonds, bearing interest as follows: Interest Interest Year Amount Rate Year Amount Rate 1993 $170,000 2.60% 2001 $455,000 4.70% 1994 350,000 2.60 2002 475,000 4.80 1995 360,000 3.30 2003 500,000 5.00 1996 375,000 3.60 2004 525,000 5.00 1997 385,000 4.00 2005 550,000 5.00 1998 400,000 4.10 2006 580,000 5.00 1999 420,000 4.30 2007 610,000 5.00 2000 435,000 4.50 2008 640,000 5.00 SECTION 4. EXECUTION AND DELIVERY OF BONDS. The proper officers of the Issuer are hereby authorized and directed to execute the Bonds when prepared and to deliver the same to the Purchaser upon payment of the Bid Price pursuant to the conditions stated in the Official Notice of Sale, without further authority from this Governing Body. SECTION 5. RETURN OF GOOD FAITH CHECKS. The proper officer of the Issuer is hereby authorized and directed to return forthwith any 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 Bonds are hereby approved. The proper officers and/or employees of the Issuer are hereby directed to cause the final Official Statement for the Bonds 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. CANCELLATION OF BALANCE OF BONDS. The authorization for the issuance of the unsold balance of the Bonds is hereby cancelled and rescinded. SECTION 8. BOND REGISTRAR, PAYING AGENT AND ESCROW HOLDER. The bond registrar, paying agent and escrow holder with respect to the Bonds shall be NationsBank of Florida, N.A., Fort Lauderdale, Florida. 2 3247/MON59010/AB7 " SECTION 9. STATEMENT OF INSURANCE. There shall be printed on the back of each Bond a statement to the effect that payment of the principal of and interest on the Bonds is insured by the Insurer, and the proper officer of the Issuer is authorized and directed to pay the premium for such insurance upon the delivery of the Bonds. SECTION 10. RESOLUTION CHANGES REQUIRED BY COMMITMENT. Prior to the issuance of the Bonds, the Governing Body shall amend the resolution authorizing the issuance of the Bonds as necessary to conform to the conditions set forth in the Commitment which have been approved in the manner specified by Section 11 below. SECTION 11. NECESSARY ACTION. The proper officers of the Issuer are hereby designated agents of the Issuer in connection with the issuance of the Bonds, 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 Bonds and which are not inconsistent with this resolution and any other action relating to the Bonds. SECTION l2. 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 l3. EFFECTIVE DATE. This resolution shall take effect immediately upon its passage. Passed and adopted by of Monroe County, Florida, at May 5, 1993. the Board of county Commissioners a regular meeting of the Board on (SEAL) MONROE COUNTY, FLORIDA By tfi. c;.J? {i;.fJ ATTEST: y.tAYOR PRO TEM ~.~ Clerk, Board County Commissioners .~_._-_.._- Date 3 3247/MON59010/AB7 $7,275,000* Monroe County Refunding Revenue Bonds, Series 1993 COMPETITIVE BID TABULATION Rnk Bidder 1 Wm. R. Hough & Co. 2 Prudential Sec. 3 Lehman Brothers 4 Merrill Lynch 5 PaineWebber 6 A. G. Edwards 7 Bear Stearns *Before resizing Bid Price $7,148,003.35 $7,171,036.00 $7,152,595.10 $7,215,437.30 $7,181,465.85 $7,181,536.60 $7,149,847.70 A:\1-2-3\BIDLIST TIC% 4.999176% 5.021439% 5.027883% 5.030125% 5.030130% 5.088423% 5.103295% Insurer FGIC FGIC FGIC FGIC FGIC FGIC FGIC