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1996-042
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1996-042
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Last modified
10/19/2015 3:53:36 PM
Creation date
10/15/2015 2:28:16 PM
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Resolutions
Resolution Number
1996-042
Approved Date
03/19/1996
Resolution Type
Sale of water and sewer revenue bonds
Subject
Bonb Purchase Contract
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such certificate is made; and (iii) stating that the Net Revenues, adjusted to give effect to the proposed <br />release of such receipts and revenues as if the same has occurred at the beginning of such audited <br />period, were equal to at least :.20 times the largest amount of principal and interest which will mature <br />and become due in any Fiscal Year thereafter on all Bonds then outstanding. For purposes of (iii) <br />above (A) Revenues, Uniform Charges, and Operating Expenses may be further adjusted so as to fairly <br />represent the operation of the System, provided that the amount and a detailed reason for such adjust- <br />ment is set forth in such certificate; (B) Net Revenues may also be adjusted for (I) the pro forma effect <br />of rates implemented prior to the proposed release of such receipts and revenues and (II) new <br />customers added to the System during the test period; and (C) any amounts owed to the issuer of a <br />Reserve Account Credit Instrument as a result of a draw thereon, as appropriate, shall be added to the <br />principal and interest payable on Bonds to determine compliance with the foregoing test; <br />(2) A certificate of the chief financial officer of the County stating that the County has <br />established and will maintain a separate accounting of all revenues and expenses in connection with any <br />such independent system or with respect to such Impact Fees, Surcharges, Special Assessments, <br />Franchise Fees, Fees in lieu of Franchise Fees, or other receipts and revenues to be released, apart from <br />the Pledged Funds; and <br />(3) Written consent of the bond insurer for the Series 1993 Bonds, if the insurance policy for <br />the Series 1993 Bonds is then in effect. <br />All or any part of the certificate required under subparagraph (1) above may be rendered by consulting <br />engineers, consultants, or other persons with requisite knowledge and experience who are not reasonably objected <br />to by the Bond Insurer. <br />Pledge of 1989 Special Assessment Revenues <br />Authorization for 1989 s2We«„"sments, <br />In accordance with Chapter 125, Florida Statutes, the County entered into an Intergovernmental <br />Agreement with the City of Sebastian, Florida (the "City') dated February 3, 1987, for the imposition of special <br />assessments in lieu of impact fees (the "1989 Special Assessments") levied upon certain property, with the consent <br />of the property owners. Pursuant to Ordinance No. 86.88, and Resolution Nos. 87-142,89-12 and 89.20 of the <br />County and Ordinance No. 0.87-01, and Resolution Nos. R-87-85, R-89-07 and R-89.12 of the City and in <br />accordance with the Intergovernmental Agreement (collectively, the "1989 Special Assessment Resolutions") the <br />County authorized the levy of special assessments against certain real property and provided the procedures <br />therefor. Under the 1989 Special Assessment Resolutions, the special assessments, were levied against certain <br />benefitted properties, with the proceeds of the 1989 Special Assessments being used to fund the costs of the <br />expansion of the County sewage system, including the acquisition and construction of the physically independent <br />system known as the "North County Wastewater System." In Fiscal Year 1989, the County issued its Series 1989 <br />Special Assessment Bonds, which were refunded by the Series 1993B Bonds. The Series 1989 Special Assessment <br />Bonds were issued for the purpose of repairing and constructing the North County Wastewater System. <br />Interest On and Prepayment of the 1989 Special ASSOSSMents <br />The 1989 Special Assessments were to be paid in 10 equal annual installments with interest thereon. <br />Pursuant to the terms of the resolutions levying the 1989 Special Assessments, the owner of an assessed property <br />may prepay the balance of the 1989 Special Assessments due on such property in full at any time. In such event, <br />such owner must also pay an appropriate interest and/or prepayment charge as determined by the County at <br />the time of prepayment. The prepayment of a 1989 Special Assessment does not entitle the owner of an assessed <br />property to a discount for early payment. <br />
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