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HomeMy WebLinkAbout2013-082RESOLUTION NO. 2013- 082 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA AUTHORIZING THE REDEMPTION AND PAYMENT OF A PORTION OF THE COUNTY'S OUTSTANDING SPRING TRAINING FACILITY REVENUE BONDS, SERIES 2001; AUTHORIZING THE USE OF GENERAL FUND RESERVES IN THE AMOUNT OF $2,275,000 TO PAY DOWN THIS DEBT; AUTHORIZING THE PROPER OFFICERS OF THE COUNTY TO DO ALL ACTS NECESSARY AND PROPER FOR CARRYING OUT THE TRANSACTIONS CONTEMPLATED BY THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Indian River County, Florida (the "County") has determined that it is in the County's best interest to redeem and pay off a portion of the County's outstanding Spring Training Facility Revenue Bonds, Series 2001 (the "Series 2001 Bonds") maturing on or before April 1, 2021 from available moneys of the County; and WHEREAS, the County issued its Series 2001 Bonds pursuant to Resolution No. 2001-072 adopted by the County on August 7, 2001, as supplemented from time to time, and as particularly supplemented by Resolution No. 2001-073 adopted by the County on August 71 2001 (collectively, the "Bond Resolution"); and WHEREAS, the County desires to optionally redeem $2,275,000 in principal amount of the outstanding Series 2001 Bonds on their first optional redemption date for which proper notice may be given; and WHEREAS, the County has legally available cash on hand to redeem the Series 2001 Bonds. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: SECTION 1. FINDINGS OF FACT. The County hereby finds, determines and declares the matters hereinabove set forth. SECTION 2. AUTHORITY FOR THIS RESOLUTION. This resolution is adopted pursuant to Chapter 125, Florida Statutes, the Bond Resolution, and other applicable provisions of law. SECTION 3. AUTHORIZATION TO DEFEASE A PORTION OF THE SERIES 2001 BONDS. The redemption of $2,275,000 of outstanding Series 2001 Bonds which mature on or before April 1, 2021 on or before October 1, 2013 at a redemption price equal to the principal amount to be redeemed plus interest accrued to the redemption date is hereby authorized. The County Administrator is hereby directed and authorized to direct the Paying Agent for the Series 2001 Bonds to give notice of the redemption of the Series 2001 Bonds to DTC and the bondholders of such redemption and to select the maturities of the Series 2001 Bonds to be redeemed. 1 RESOLUTION NO. 2013 082 SECTION 4. REDEMPTION FUNDS, The County hereby directs the County Administrator to transfer to the Paying Agent monies from the County's General Fund, together with the balance, if any, in the Debt Service Fund, in the amount necessary to pay the principal and any interest due on the portion of the Series 2001 Bonds being redeemed on their redemption date. By separate action, if required, the County shall take such steps as may be required to amend its budget to provide for such redemption payment. SECTION 5. AUTHORIZATION TO EXECUTE. The Chairman (or in the absence of the Chairman, the Vice -Chairman), the Clerk, the Director of Management and Budget, the County Administrator, the County Finance Director and the County Attorney or any other appropriate officers of the County are hereby authorized and directed to take all actions necessary, and to execute any and all certifications, agreements, or other instruments or documents required by the Bond Resolution or this Resolution. All action taken to date by the officers of the County in furtherance of the partial redemption of the Series 2001 Bonds is hereby approved, confirmed and ratified. SECTION 6. SEVERABILITY. If any one or more of the covenants, agreements or provisions of this Resolution should be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separate from the remaining covenants, agreements or provisions of this Resolution. SECTION 7. INCONSISTENT RESOLUTIONS. All prior resolutions of the County inconsistent with the provisions of this Resolution are hereby modified, supplemented and amended to conform to the provisions herein contained. SECTION 8. EFFECTIVE DATE. The provisions of this Resolution shall take effect immediately upon its passage. The foregoing resolution was moved for Solari ,and seconded by Commissioner adoption bC and, upon being put to a vote, the vote was, as follows: Chairman Joseph E. Flescher Vice Chairman Wesley S. Davis Commissioner Peter D. O'Bryan Commissioner Bob Solari Commissioner Tim Zorc 2 y ommissioner Flescher Aye Ave Ave Aye RESOLUTION NO. 2013_ PASSED AND ADOPTED the 20th day of August , 2013. (SEAL) ATTEST: Jeffrey R Clerk of Court and ( erk Smith I Approved as to form and leU al sufficiency By County Attorney er BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By 3 ;BONERS:"*