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RESOLUTION 88-40 <br />A RESOLUTION AMENDING AND SUPPLEMENTING RESOLUTION NO. 84-48 <br />OF INDIAN RIVER COUNTY, FLORIDA, ENTITLED: <br />"RESOLUTION AUTHORIZING THE ISSUANCE OF NOT EXCEEDING <br />$2,050,000 IMPROVEMENT BONDS, SERIES NO. ONE, OF INDIAN RIVER <br />COUNTY, FLORIDA, TO FINANCE THE COST OF THE ACQUISITION AND <br />CONSTRUCTION OF CERTAIN WATER DISTRIBUTION IMPROVEMENTS TO <br />THE COMBINED WATER AND SEWER SYSTEM OF THE COUNTY; PROVIDING <br />FOR THE RIGHTS OF THE HOLDERS THEREOF AND PLEDGING FOR THE <br />PAYMENT THEREOF THE PROCEEDS FROM SPECIAL ASSESSMENTS LEVIED, <br />AGAINST PROPERTY SPECIALLY BENEFITED BY SUCH IMPROVEMENTS; <br />AND PROVIDING AN EFFECTIVE DATE". <br />BY CHANGING CERTAIN INTEREST RATE, PAYMENT, REDEMPTION AND <br />FLOW -OF -FUNDS PROVISIONS APPLICABLE TO THE SERIES NO. ONE <br />BONDS AND MODIFYING SUCH BONDS ACCORDINGLY; AND BY <br />ESTABLISHING CERTAIN PROVISIONS REGARDING: (1) COMPLIANCE <br />WITH APPLICABLE FEDERAL INCOME TAX LAWS, (2) ASSIGNMENT OF <br />THE SERIES NO. ONE BONDS, BY THE CURRENT HOLDER THEREOF TO <br />THE PURCHASER THEREOF, (3) APPLICATION OF THE FUNDS PAID BY <br />SUCH PURCHASER, (4) EXECUTION AND DELIVERY OF, AND <br />PERFORMANCE BY THE COUNTY OF ITS OBLIGATIONS UNDER, ALL <br />CLOSING DOCUMENTS REQUIRED IN CONNECTION WITH THE SUBJECT <br />TRANSACTION, AS APPROVED BY BOND COUNSEL, AND (5) <br />SATISFACTION BY THE COUNTY OF ANY OTHER REQUIREMENTS, AS <br />APPROVED BY BOND COUNSEL, .IMPQ$ED _BY THE PURCHASER OF THE <br />SERIES NO. ONE BONDS IN CONNECTION WITH CONSUMMATING THE <br />SUBJECT TRANSACTION; AND PROVIDING -T 3 EFF4W.TIVE DATE HEREOF. <br />BE IT RESOLVED BY THE BOARD OF COb4TY COMMISSIONERS OF INDIAN RIVER <br />COUNTY, FLORIDA THAT: <br />ARTICLE 1 AUTHORITY FOR RESOLUTION. This Resolution (hereinafter, <br />the "1988 Amending Resolution") is adopted by Indian River County, Florida (the <br />"County") pursuant to the provisions of Chapter 125, Florida Statutes (1987), as <br />amended, Ordinance No. 83-46 of the County, including the applicable provisions <br />of Chapter 170, Florida Statutes, incorporated therein, as amended by Ordinance <br />No. 84-51 of the County (collectively, the "Authorizing Ordinance"), and other <br />applicable provisions of law. <br />ARTICLE 2 DEFINITIONS. All terms and phrases used herein shall have <br />the meanings ascribed to them in the Series No. One Resolution, as hereinafter <br />defined, except as otherwise specifically provided herein. <br />ARTICLE 3 FINDINGS. It is hereby ascertained, determined and <br />declared that: <br />3.10. The Board of County Commissioners of Indian River County, <br />Florida (hereinafter, the "Board"), on July 11, 1984, duly adopted Resolution <br />No. 84-48 entitled: <br />"RESOLUTION AUTHORIZING THE ISSUANCE OF NOT EXCEEDING <br />$2,050,000 IMPROVEMENT BONDS, SERIES NO. ONE, OF INDIAN RIVER <br />COUNTY, FLORIDA, TO FINANCE THE COST OF THE ACQUISITION AND <br />CONSTRUCTION OF CERTAIN WATER DISTRIBUTION IMPROVEMENTS TO <br />THE COMBINED WATER AND SEWER SYSTEM OF THE COUNTY; PROVIDING <br />FOR THE RIGHTS OF THE HOLDERS THEREOF AND PLEDGING FOR THE <br />PAYMENT THEREOF THE PROCEEDS FROM SPECIAL ASSESSMENTS LEVIED, <br />AGAINST PROPERTY SPECIALLY BENEFITED BY SUCH IMPROVEMENTS; <br />AND PROVIDING AN EFFECTIVE DATE". <br />(hereinafter, the "Series No. One Resolution"). <br />3.20. Florida National Bank, ,'acksonville, Florida (hereinafter, the <br />"Holder" or "Florida National"), is the Registered Owner of all of the <br />outstanding Bonds, in the aggregate outstanding principal amount, as of the date <br />hereof, of $430,000. <br />