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1991-151
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1991-151
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Last modified
5/15/2017 3:01:02 PM
Creation date
5/15/2017 2:41:21 PM
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Resolutions
Resolution Number
1991-151
Approved Date
09/24/1991
Resolution Type
Utilities
Entity Name
Water and Sewer Revenue Bonds Series 1991
Subject
Bond Purchase Agreement
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4 <br />(5) The balance of the moneys remaining after malting all deposits and payments provided for in <br />(1) through (4) above shall be deposited into the 1991 Construction Fund. Moneys on deposit in the <br />1991 Construction Fund shall be withdrawn, used, and applied by the County, as necessary, for <br />payment of costs of the 1991 Project and purposes incidental thereto. <br />If for any reason any proceeds of the Series 1991 Bonds are not necessary for or are not applied to the <br />payment of such costs, then such moneys shall be deposited by the County into the Sinking Fund and used only <br />to pay the principal of and interest on the Series 1991 Bonds. <br />A Rebate Account is established wherein amounts sufficient to pay the United States of America all <br />amounts due with respect to the Series 1991 Bonds under the provisions of Section 148(0 of the Code. or under <br />similar provisions of subsequent Federal revenue laws, will be transferred from the funds and accounts created <br />under the Resolution. <br />Investments <br />All moneys in all funds and accounts created by the Resolution, including without limitation, the <br />Revenue Fund, the Sinking Fund, the Bond Amortization Account. and the Reserve Account. must be secured <br />in the manner by which deposits of public funds are authorized to be secured by State law and may be invested <br />only in Authorized Investments. Moneys on deposit in the Revenue Fund and the Sinking Fund (except the <br />Reserve Account therein) may be invested and reinvested only in Authorized Investments maturing not later than <br />the date on which the proceeds thereof will be needed. Moneys in the Reserve Account may be invested and <br />reinvested in Authorized Investments maturing not later than five (5) years from the date of purchase. Except <br />as may be provided in a resolution adopted in connection with the issuance of Additional Parity Bonds. any and <br />all income from such investments shall be deposited into the Rebate Account to the extent required and the <br />excess, if any, into the Revenue Account. <br />Defeasance <br />If at any time the County shall have paid, or shall have made provision for the payment of, the <br />principal, interest and premiums. if any, with respect to any of the Bonds or any series thereof, then, and in <br />that event, the pledge of and lien on the Pledged Funds in favor of the Registered Owners of such Bonds or of <br />such series, as the case may be, shall no longer be in effect. For purposes of the preceding sentence, the <br />deposit of sufficient cash and/or Federal Securities, or bank certificates of deposit fully secured as to principal <br />and interest by Federal Securities (or deposit of any of the securities or investments which may be authorized by <br />law from time to time and sufficient under such law to effect sucb a defeasance) in irrevocable trust with a <br />banking institution or trust company, for the sole benefit of the Registered Owners of such Bonds or such <br />series, as the case may be, the principal of and interest on which will be sufficient to pay, when due, such <br />Bonds or such series, as applicable, shall be considered "provision for payment." <br />Events of Default; Remedies <br />No event of default is expressly stated in the Resolution. In addition, no trustee has been appointed <br />under the Resolution to enforce any failure by the County to pay principal of or interest on the Series 1991 <br />Bonds, when due, or to enforce any remedies provided by the Resolution to the holders of the Series 1991 <br />Bonds. In determining whether an event of default has occurred no effect shall be given to payments made by <br />the Bond Insurer. No remedial action shall be taken without the consent of the Bond Insurer, and the Bond <br />Insurer acting alone. shall have the right to direct remedies upon default. Subject to the foregoing, any Holder <br />of any Series 1991 Bond may either at law or in equity by suit, action, mandamus, or other proceeding in anv <br />court of competent jurisdiction, protect or enforce any and all rights existing under Florida law or granted and <br />contained in the Resolution, and may enforce and compel the performance of all duties required by the <br />Resolution or by any applicable state or Federal statutes to be performed by the County or any officer thereof. <br />C-2 <br />
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