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R-76-284• • RESOLUTIONS N °_ 419 RESOLUTION N0. 284 RESOLUTION AMENDING RESOLUTION ENTITLED: "RESOLUTION PROVIDING FOR THE ACQUISITION, CONSTRUCTION AND ERECTION OF EXTENSIONS AND IMPROVEMENTS TO THE MUNICIPAL WATER AND SEWER SYSTEM; AUTHORIZING THE ISSUANCE OF NOT EXCEED- ING $323.100 WATER AND SEWER REVENUE BONDS, SERIES 1975, TO FINANCE THE COST THEREOF; PLEDGING THE NET REVENUES OF SAID SYSTEM, CERTAIN MUNICIPAL EXCISE TAXES, ASSESS- MENTS AGAINST SPECIALLY BENEFITED PROPERTIES AND ALL MONEYS OF THE CITY DERIVED FROM SOURCES OTHER THAN AD VALOREM TAXATION AND LEGALLY AVAILABLE FOR SUCH PURPOSE TO SECURE THE PAYMENT THEREOF; AND PROVIDING FOR THE RIGHTS OF THE HOLDERS OF SUCH BONDS; "FOR THE PURPOSE OF DEFERRING ALL MATURITIES OF THE BONDS BY ONE YEAR AND MAKING A SPECIFIC COVENANT WITH RESPECT TO THE AMOUNT OF THE ASSESSMENTS PLEDGED. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, FLORIDA, as follows: Section 1. Authority for this Resolution. This resolution is adopted pursuant to the provisions of Chapter 159, Part I, Florida Statutes, and other applic- able provisions of law. Section 2. Findings. It is hereby found and determined that: (A) The City council of the City of Clermont (the "Issuer") on May 27, 1975 adopted a resolution providing for the issuance of $323,100 principal amount of Water and Sewer Revenue Bonds, Series 1975, and authorizing the construction of extensions and improvements to the Issuer's water and sewer system, entitled as follows: "RESOLUTION PROVIDING FOR THE ACQUISITION, CONSTRUCTION AND ERECTION OF EXTENSIONS AND IMPROVEMENTS TO THE MUNICI- PAL WATER AND SEWER SYSTEM: AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $323,100 WATER AND SEWER REVENUE BONDS, SERIES 1975, TO FINANCE THE COST THEREOF; PLEDGING THE NET REVENUES OF SAID SYSTEM, CERTAIN MUNICIPAL EXCISE TAXES ASSESSMENTS AGAINST SPECIALLY BENEFITED PROPERTIES AND ALL MONEYS OF THE CITY DERIVED FROM SOURCES OTHER THAN AD VALOREM TAXATION AND LEGALLY AVAILABLE FOR SUCH PURPOSE TO SECURE THE PAYMENT THEREOF; AND PROVIDING FOR THE RIGHTS OF THE HOLDERS OF SUCH BONDS;" hereinafter referred to as the "Original Instrument." (B) The Bonds authorized by the Original Instrument mature serially in numerical order on September 1 in the years 1978 through 2015, according to the schedule set out in Section 2.02 of the Original Instrument; and it is in the best interest of the finances and economy of the Issuer that each of the maturities de- scribed in Section 2.02 be deferred by one years. (C) Said Bonds will be purchased by the United States of America, • RESOLUTIONS • N_° 420 U. S. Department of Agriculture, Farmers Home Administration (the "Government"), on or about October 19, 1976, pursuant to a loan agreement entered into by and between the Issuer and the Government; and the Government has indicated to the Issuer its willingness to accept the Bonds having maturities as hereinafter provided. (D) In Section 3.04 (E) of the Original Instrument, the Issuer has covenanted to perform all acts necessary for the lawful levy and collection of the special assessments pledged to the principal of and interest on the Bonds, and the Government has requested that the Issuer specify the amount of assessments in such covenant and generally enlarge such covenant, and the Issuer is agreeable to such enlarged covenant in such respect. Section 3. Amendments. The Original Instrument is hereby amended in the following respects: (A) Section 2.02 thereof is hereby amended to read as follows: "2.02 Description of Bonds. The bonds issued hereunder shall be dated as of the date of their delivery; shall bear interest at not exceeding the legal rate per annum, payable on September 1, 1977 and annually thereafter on September of each year; and shall be numbered, in the denominations and mature on September 1 of each year in the years and amounts as follow: YEAR DENOMINATION BOND N0. YEAR DENOMINATION BOND N0. 1979 $ 2,100 1 2002 $ 8,000 28 1980 3,000 2 2003 8,000 29 1981 3,000 3 2004 9,000 30 1982 3,000 4 2005 9,000 31 1983 3,000 5 2006 10,000 32 1984 3,000 6 2007 10,000 33 1985 4,000 7 2008 10,000 34 1986 4,000 8 1,000 35 1987 4,000 9 2009 10,000 36 1988 10,000 10-13 1,000 37 6,000 14 2010 10,000 38 1989 4,000 15 2,000 39 1990 4,000 16 2011 10,000 40 1991 5,000 17 2,000 41 1992 5,000 18 2012 10,000 42 1993 5,000 19 3,000 43 1994 6,000 20 2013 10,000 44 1995 6,000 21 4,000 45 1996 6,000 22 2014 10,000 46 1997 6,000 23 5,000 47 1998 7,000 24 2015 10,000 48 1999 7,000 25 5,000 49 2000 7,000 26 2016 10,000 50 2001 8,000 27 5,000 51" • RESOLUTIONS • N°_ 421 (B) The last paragraph of Section 3.04 (E) thereof is hereby stricken and the following substituted in lieu thereof: "The Issuer covenants that it will forthwith, whenever it shall first be timely, adopt all resolutions and ordinances, hold all hearings and perform all acts which are conditions precedent to and are necessary for the lawful levy and collection of such special assessments, in an amount aggregating not less than $41,400, excluding interest and penalties thereon, against all lands and properties specially benefited by the construction of the project. If any special assessment made with respect to this project shall be either in whole or in part, annulled, vacated or set aside by the judgment of any court, or if the Issuer shall be satified that any such assessment is so irregular or defective that the same cannot be enfored or collected, or if the Issuer shall have omitted to make any such assessment when it might have done so, the Issuer covenants that it will take all necessary steps to cause a new assessment to be made for the whole or any part of any improvement or against any property benefited by any improvement of this project, following as nearly as may be the provisions of Chapter 170, Florida Statutes, and in any case any such assessment, or an initial assessment for one that shall have been omitted, shall be either in whole or in part annulled, vacated or set aside or be unenforce- able or uncollectable by reason of defect or irregularity the Issuer shall obtain and make other assessments until a valid assessment shall be made." Section 4. This resolution shall take effect immediately upon its adoption. DONE and RESOLVED this 28th day of September, 1976. ATTEST: ~; , DOL S WL CARROLL, CITY CL K CITY OF CLERMONT BY: / CL UDE E. SMOAK, JR., Y R