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R-87-575 ~ . . , " ~ RESOLUTION NO. 575 RESOLUTION AMENDING AND SUPPLEMENTING RESOLU- TION NO. 475 ADOPTED BY THE CITY COUNCIL OF THE CITY OF CLERMONT ON AUGUST 14, 1984 ENTI- TLED: "RESOLUTION PROVIDING FOR THE ACQUISI- TION, CONSTRUCTION AND ERECTION OF EXTENSIONS AND IMPROVEMENTS TO THE MUNICIPAL WATER AND SEWER SYSTEM OF THE CITY OF CLERMONT, FLORIDA; AUTHORIZING THE ISSUANCE BY THE CITY OF NOT EXCEEDING $885,900 PRINCIPAL AMOUNT OF WATER AND SEWER REVENUE BONDS, SERIES 1984, TO FI- NANCE A PART OF THE COST THEREOF; PLEDGING THE NET REVENUES OF SAID SYSTEM, CERTAIN MUNICIPAL EXCISE TAXES TO SECURE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON THE BONDS; PROVIDING FOR THE RIGHTS OF THE HOLDERS OF THE BONDS; AUTHOR- IZING ISSUANCE BY THE CITY OF NOT EXCEEDING $885,900 PRINCIPAL AMOUNT OF 1984 WATER AND SEWER REVENUE BOND ANTICIPATION NOTES IN ANTI- CIPATION OF THE ISSUANCE OF SAID BONDS; PROVID- ING FOR THE PAYMENT OF SAID NOTES; AND ENTERING INTO CERTAIN COVENANTS AND AGREEMENTS WITH THE HOLDERS OF SAID BONDS AND NOTES;" FOR THE PUR- POSE OF SUPPLEMENTING THE DEFINITIONS SET OUT IN SECTION 1.01 THEREOF; AMENDING THE MATURITY SCHEDULE SET OUT IN SECTION 2.02 THEREOF; AMEND- ING THE AMOUNTS SET OUT IN SECTION 3.04(B) TO BE DEPOSITED TO THE RESERVE ACCOUNT; MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS IN CON- NECTION WITH THE ISSUANCE OF THE BONDS; AUTHOR- IZING A NEGOTIATED SALE OF SAID BONDS TO THE UNITED STATES GOVERNMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on August 14, 1984, the City Council of the City of Clermont, Florida (the "IssuerW), by Resolution No. 475 (the "Original InstrumentW), authorized the issuance of not exceed- ing $885,900 Water and Sewer Revenue Bonds, Series 1984 (the "Bonds"), to finance a part of the cost of acquiring, erecting and constructing extensions and improvements to the sewer facil- ities of the combined municipal water and sewer system of the Issuer; and WHEREAS, the Issuer has entered into a loan agreement with the United States of America, acting through the Farmers Home Administration, U.S. Department of Agriculture (the "Govern- ment"), whereby the Government has agreed to purchase the Bonds at the price of par and bearing interest at the rate of 7.875% per annum, if the Issuer shall be unable to market the Bonds in the -1- . . ~ private sector, and current Government policy recognizes that the Issuer would be unable to market the Bonds in the private sector; and the City Council of the Issuer does hereby determine that a negotiated sale of the Bonds to the Government is in the best interest of the citizens and inhabitants of the Issuer, it being entirely unlikely that the Issuer would receive any bid for the Bonds as favorable to the Issuer as the Government's terms of par and interest at 7.875% per annum, in view of prevailing interest rates and other market conditions at this time, and it is in the best interest of the Issuer that it avoid the expense and delay of advertising the same for public sale; and WHEREAS, the maturity schedule set out in section 2.02 of the Original Instrument and the amounts set out in Section 3.04(B) to be deposited to the Reserve Account were computed on the basis that the Bonds would bear interest at the rate of 10.5% per annum; and it is necessary and desirable and in the best interest of the Issuer that said maturity schedule and said amounts to be deposited to the credit of the Reserve Account be amended and the definitions contained in section 1.01 of the original Instrument be supplemented to define terms used in such amendments, all as hereinafter provided; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL, THE CITY OF CLERMONT, FLORIDA, as follows: section 1. Amendments. The Original Instrument is hereby amended in the following respects: A. section 1.01 thereof is hereby amended to include the following definitions: -Bond Service Requirement- for any Bond Year shall mean the amount required to pay the principal of and interest on the Bonds during such Bond Year. -Bond Year- shall mean the period commencing on Septem- ber 2 of each year and ending on the succeeding September 1, and each Bond Year shall be designated with the number of the calendar year in which such Bond Year ends. -Maximum Bond Service Requirement- shall mean, as of any particular date of calculation, an amount equal to the largest Bond Service Requirement for the then current or any future Bond Year. -2- . . .' B. The maturity schedule set out in Section 2.02 thereof is hereby amended to read as follows: "Years Amounts Years Amounts 1990 $ 9,000 2004 $27,000 1991 11,000 2005 30,000 1992 11,000 2006 32,000 1993 12,000 2007 34,000 1994 13,000 2008 37,000 1995 13,000 2009 40,000 1996 15,000 2010 44,000 1997 16,000 2011 46,000 1998 18,000 2012 50,000 1999 19,000 2013 55,000 2000 20,000 2014 58,000 2001 22,000 2015 63,000 2002 23,000 2016 68,000 2003 26,000 2017 73,900" C. Section 3.04(B) thereof is hereby amended to read as follows: "(B) Increased Deposits to Reserve Account. The monthly deposits to the Reserve Account pursuant to the provisions of section 3.04(C) (3) of the Original Instrument shall be in the amount of Two Thousand Three Hundred Forty-Three Dollars ($2,343) (the "Monthly Reserve Deposit Amount"), until such time as the funds and investments in the Reserve Account shall equal the Maxi- mum Bond Service Requirement, and monthly thereafter such amount as shall be necessary to maintain in the Reserve Account the Maxi- mum Bond Service Requirement but not exceeding monthly the amount of the Monthly Reserve Deposit Amount." Section 2. Sale of Bonds. The Bonds are hereby sold and awarded to the Government at the price of par and bearing interest at the rate of 7.875% per annum. section 3. oriqinal Instrument to continue In Force. Except as herein expressly provided, the original Instrument, as amended by Resolution No. 553 adopted by the City Council on May 12, 1987 and all the terms and provisions thereof are and shall remain in full force and effect. section 4. Effective Date. This resolution shall take effect immediately upon its passage. -3- '. .' . . PASSED BY FLORIDA IN REGULAR ATTEST: THE CITY COUNCIL OF THE CITY OF CLERMONT, SESSION this 8t:;¡;e;/;;¿ 5r;ý -4- ~, . . .. I, Joseph Van Zile, City Clerk of the City of Clermont, Florida do hereby certify that the above and foregoing Resolution is a true and correct copy of Resolution No. 575 ,passed by the City Council of the city of Clermont, Florida in Regular Session on December~, 1987. DS8CLWC2lA Q-£t' ¿,tj)7 ~"Clerk -5-