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1989-042
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1989-042
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Last modified
6/25/2021 1:27:48 PM
Creation date
2/4/2021 9:51:33 AM
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Resolutions
Resolution Number
1989-042
Approved Date
04/27/1989
Subject
Water & Sewer Revenue Refunding Bonds, Series 1989 - $6,510,000 aggregate
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Moneys in the Reserve Account may be invested and reinvested in <br />Authorized Investments maturing not later than five (5) years from <br />the date of purchase. Except as may be provided in a resolution <br />adopted in connection with the issuance of Additional Parity Bonds, <br />any and all income from such investments shall be deposited into the <br />Rebate Account to the extent required and the excess, if any, into <br />the Revenue Account. <br />Defeasance. If at any time the County shall have paid, or shall <br />have made provision for the payment of, the principal, interest and <br />premiums, if any, with respect to any of the Series 1989 Bonds, <br />then, and in that event, the pledge of and lien on the Pledged Funds <br />in favor of the Registered owners of such Bonds shall no longer be <br />in effect. The Resolution provides that, for purposes of the <br />preceding sentence, the deposit of sufficient cash and/or direct <br />obligations of the United States or obligations the principal of and <br />interest on which are fully guaranteed by the United States, none of <br />which permit redemption prior to maturity at the option of the <br />obligor ("Federal Securities"), or bank certificates of deposit <br />fully secured as to principal and interest by Federal Securities (or <br />deposit of any other securities or investments which may be <br />authorized by law from time to time and sufficient under such law to <br />effect such a defeasance) in irrevocable trust with a banking <br />institution or trust company, for the sole benefit of the Holders, <br />the principal of and interest on which will be sufficient to pay <br />when due the outstanding Series 1989 Bonds, shall be considered <br />'.provision for payment". <br />Events of Default: Remedies. No event of default is expressly <br />stated in the Resolution. In addition, no trustee has been <br />appointed under the Resolution to enforce any failure by the County <br />to pay principal of or interest on the Series 1989 Bonds, when due, <br />or to enforce any remedies provided by the Resolution to the holders <br />of the Series 1989 Bonds. In determining whether an event of <br />default has occurred no effect shall be given to payments made by <br />the Bond Insurer. No remedial action shall be taken without the <br />consent of the Bond Insurer and the Bond Insurer acting alone, shall <br />have the right to direct remedies upon default. Subject to the <br />foregoing, any Holder of any Series 1989 Bond may either at law or <br />in equity by suit, action, mandamus or other proceeding in any court <br />of competent jurisdiction, protect or enforce any and all rights <br />existing under Florida law or granted and contained in the <br />Resolution, and may enforce and compel the performance of all duties <br />required by the Resolution or by any applicable state or Federal <br />statutes to be performed by the County or any officer thereof. <br />Modification. No adverse material. modification or amendment of <br />the Resolution, or of any resolution amendatory thereof or <br />supplemental thereto, may be made without the consent in writing of <br />the Holders of 51% or more in aggregate principal amount of the <br />Series 1989 Bonds and any Additional Parity Bonds then outstanding <br />affected by such adverse material modification or amendment; <br />provided, however, that no modification or amendment shall permit a <br />change in the maturity of any Series 1989 Bonds or any Additional <br />29 <br />
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