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1989-054
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1989-054
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Last modified
6/25/2021 1:58:50 PM
Creation date
2/4/2021 10:00:47 AM
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Resolutions
Resolution Number
1989-054
Approved Date
06/06/1989
Resolution Type
Special Assessment of Revenue Bonds
Subject
Authorize issuance of $7,560,000 aggregate special assessment revenue bonds, Series 1989
Impact Fee Trust Fund - expansion of sewage disposal system
Document Relationships
1990-067
(Cover Page)
Path:
\Resolutions\1990'S\1990
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such Bonds shall be no longer in effect. For purposes of the preceding <br />sentence, the deposit of Federal Securities, bank certificates of deposit fully <br />secured as to principal and interest by Federal Securities, or investment <br />agreements with banks or insurance companies rated not less than AA or As by <br />Standard & Poor's Corporation or Moody's Investors Service, respectively, and <br />similarly secured (or the deposit of any other securities or investments which <br />may be authorized by law from time to time and sufficient under such law to <br />effect such a defeasance) in irrevocable trust with a banking institution or <br />trust company, for the sole benefit of the Registered Owners of such Bonds, the <br />principal of and interest on which will be sufficient to pay, when due, the <br />principal, interest and premiums, if any, on such Bonds, shall be considered <br />"provision for payment". Nothing in this section shall be deemed to require the <br />County to call any of the outstanding Bonds for redemption prior to maturity <br />pursuant to any applicable optional redemption provisions, or to impair the <br />discretion of the County in determining whether to exercise any such option for <br />early redemption. <br />SECTION 20. MODIFICATION OF RESOLUTION. No adverse material <br />modification or amendment of this Resolution, or of any resolution amendatory <br />hereof or supplemental hereto, may be made without the consent in writing of the <br />Registered Owners of 518 or more in aggregate principal amount of the Bonds then <br />outstanding affected by such adverse material modification or amendment; <br />provided, however, that no modification or amendment shall permit a change in <br />the maturity of any Bonds or a reduction in the rate of interest thereon or in <br />the amount of the principal obligation thereof, or affect the unconditional <br />promise of the County to levy, impose and/or collect the Assessments or other <br />receipts and revenues, if any, pledged hereunder, as herein provided, or to pay <br />the principal of and interest on the Bonds as the same shall become due from the <br />Assessments, or reduce such percentage of Registered Owners of such Bonds, <br />required above, to consent to such modifications or amendments, without the <br />consent of the Registered Owners of all of the Bonds affected thereby. <br />SECTION 21. SEVERABILITY. If any one or more of the covenants, <br />agreements or provisions of this Resolution should be held contrary to any <br />express provision of law or contrary to the policy of express law, though not <br />expressly y prohibited, or against public policy, or shall for any reason <br />whatsoever be held invalid, then such covenants, agreements or provisions shall <br />be null and void and shall be deemed separate from the remaining covenants, <br />agreements and provisions hereof, and shall in no way affect the validity <br />thereof or of the Bonds issued hereunder. <br />SECTION 22. VALIDATION. The County Attorney is hereby authorized and <br />directed to institute appropriate proceedings in the Circuit Court of the <br />Nineteenth Judicial Circuit in and for Indian River County, Florida, for the <br />validation of the Bonds. <br />- 27 - <br />
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