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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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FurURE FINANCING ARRANGEMENTS <br />During Fiscal Years 1992 and 1993 the County anticipates that it will expend the Sea Oaks Wastewater Plant at an <br />estimated cast of $2.5 Million and conatntet rouse transmission lines at an estimated cod of $3 Million. A potion of the <br />cost of these two projects will be financed with the proceeds derived from the issuance and sale of Additional Parity Bonds. <br />MUNICIPAL BOND INSURANCE <br />Bond Insurance <br />Coocunandy with the isatsoce of the Series 1991 Bonds, FinaocW Guaranty Insurance Company ("Financial Guaranty') <br />will issue its Municipal Bond New Issue Immo Policy for the Bonds (the 'Policy'). The Policy unoonditiooally <br />guarantees the payment of that potion of the principal of and interest on tie Bonds which hu become due for payment, but <br />shall be unpaid by reason of nonpayment by the County. Financial Guaranty will make such payments to Citibank N.A., <br />or its successor u its agent (the 'Fiscal Agent'), on the later of the date on which such principal and interest is due or on <br />the business day next following the day on which Financial Guaranty shall have received telephonic or telegraphic notice, <br />subsequently confirmed in writing, or written notice by registered or certified mail, from an owner of the Series 1991 Bonds <br />or the Paying Agent of the nonpayment of such amount by the County. The Fiscal Agent will disburse such amount due <br />on any Series 1991 Hood to its owner upon receipt by the Fiscal Agent of evidence satisfactory to the Fiscal Agent of the <br />owner's right to receive payment of the principal and interest due for payment and evidence, including any appropriate <br />• instruments of assignment, that all of such owner's rights to payment of such principal and interest shall be vested in <br />Financial Guaranty. The term 'nonpayment" in respect of a Series 1991 Bond includes any payment of principal or interest <br />made to an owner of a Series 1991 Bond which hu been recovered from such owner pursuant to the United States <br />Bankruptcy Code by a trustee in bankruptcy in accordance with a final, nonappealable order of a court having competent <br />jurisdiction. <br />The Policy is non -cancelable and the premium will be fully paid at the time of delivery of the Bonds. The Policy covers <br />failure to pay principal of the Series 1991 Bonds on their respective stated maturity dates or dates on which the same shall <br />have been duly called for mandatory sinking fund redemption, and not on any other date on which the Series 1991 Bonds <br />may have been otherwise called for redemption, accelerated or advanced in maturity, and covers the failure to pay an <br />installment of interest on the stated date for its payment. <br />Generally, in connection with its insurance of an issue of municipal securities, Financial Guaranty requires, among other <br />things, (i) that it be granted the power to exercise any rights granted to the holders of such securities upon the occurrence <br />of an event of default, without the consent of such holders, and that such holders may not exercise such rights without <br />Financial Guaranty's consent, in each case so long as Financial Guaranty has not failed to comply with its payment <br />obligations under its insurance policy; and (ii) that any amendment or supplement to or other modification of the principal <br />legal documents be subject to Financial Guaranty's consent. The specific rights, if any, granted to Financial Guaranty in <br />connection with its insurance of the Series 1991 Bonds are set forth in the description of the principal legal documents <br />appearing elsewhere in this Official Statement. Reference should be made as well to such description for a discussion of <br />the circumstances. if any, under which the County is required to provide additional or substitute credit enhancement, and <br />related matters. <br />This Official Statement contains a section regarding the ratings assigned to the Series 1991 Bonds and references should <br />be made to such section for a discussion of such ratings and the basis for their assignment to the Bonds. Reference should <br />be made to the description of the County for a discussion of the ratings, if any, assigned to such entity's outstanding parity <br />debt that is not soured by credit enhancement. <br />Financial Guaranty is a wholly-owned subsidiary of FGIC Corporation (the "Corporation"), a Delaware holding <br />company. The Corporation is a wholly-owned subsidiary of General Electric Capital Corporation ("GE Capital"). Neither <br />the Corporation nor GE Capital is obligated to pay the debts of or the claims against Financial Guaranty. Financial Guaranty <br />is a monoline financial guaranty insurer domiciled in the State of New York and subject to regulation by the State of New <br />York Insurance Department. As of March 31, 1991, the total capital and surplus of Financial Guaranty was approximately <br />S502.600,000. Financial Guaranty prepares financial statements on the basis of both statutory accounting principles and <br />10 <br />
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