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HomeMy WebLinkAboutOrdinance No.01-1967-AMICR6 ILMED 3.13 -80 RESOLUTION NO. 1 -67 -A RESOLUTION PROVIDING FOR THE MATURITIES OF $ 720,000 PUBLIC IMPROVEMENT REVENUE BONDS SERIES OF 1966 OF THE CITY OF CAPE CANAVERAL, ECTION,17OF AMENDING SUBSECTIONS C THAT CERTAIN RESOLUTION AND OF ORDINANCE No. 1 -67 ADOPTED BY SUCH CITY ON FEBRUARY OF SUCH PUIBLIC 61M�'RAOVEMENTZ CE REVENUE BONDS, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, THAT: Section 1. $720,000 Public Improvement Revenue Bonds, Series of 1966 of the City of Cape Canaveral, Florida, shall mature serially in numerical order, lowest numbers first, on May lst of each year and in such amounts as follows: Year Amount Year Amount Year Amount $ 5,000 179 $-517 OUG I $ 0,00 1970 45,000 1 9 52,000 198 10,000 1971 45,000 1980 57,000 1989 10,000 1972 45,000 1981 7,000 1990 11,000 19733 45,000 1982 8,000 1991 11,000 197+ 45,000 1983 8,000 1992 12,000 1975 51,000 19845 8,000 1993 12,000 i 7 51000 1996 .9,000 199'+ 12,000 Section 2. Subsection C of that certain Ordinance or Resolution No. 1 -67 adopted by the City of Cape Canaveral, Florida, on February 21, 1967, and entitled as follows: "A RESOLUTION PROVIDING FOR THE ACQUISITION AND CONSTRUCTION OF CERTAIN STREET IMPROVE- MENTS IN ORCTHE ISSUANCE CANAVERAL NOT RCEEDINGA; $720,000 PUBLIC IMPROVEMENT REVENUE BONDS, SERIES OF 1966, OF SUCH CITY TO PAY THE COST OF SUCH PROJECT; PROVIDING FOR THE RIGHTS OF THE HOLWM OF SUCH BONDS; PROVIDING FOR THE PAYMENT THEREOF; AND MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS IN CONNECTION WITH THE ISSUANCE AND SALE OF SUCH BONDS." is hereby amended to read as follows: ' ® MICROFILMED 3.13.8.80 "C. SINKING FUND. The City will establish and maintain with the Depository, so long as any of the Bonds are outstanding, a fund to be known as the 'Public Improvement Revenue Bond Sinking Fund', hereinafter called 'Sinking Fund', to be used exclusively for the purpose of paying principal and interest on the Bonds and for making replacements for withdrawals from the Reserve Account here - inbelow established. In addition to such required transfers into said Sinking Fund from the 'Assessment Fund Number One' hereinabove established, there shall be deposited into the Sinking Fund all interest earned on investments made from monies on deposit in the Reserve Account. In addition, there shall be deposited into the Sinking Fund all accrued interest received from the sale of the Bonds plus an amount equal to one year's interest to become due on such Bonds to be applied from the proceeds of the sale of the Bonds, such latter sum being the amount estimated to be required for the payment of interest on the Bonds (or on temporary loans made in anticipation of the sale of the Bonds) during the period of construction of the Project. If the amount of money on deposit in the Sinking Fund plus 90 percent of the special assessments and interest thereon to be collected during the following twelve months exceed the principal and interest to mature on the Bonds during the following twelve months, then such amount in excess of this will be used to provide for any withdrawals or deficiencies in the Reserve Account. If there are insufficient funds in the Sinking Fund to restore any deficiency in the Reserve Account, the first available proceeds from the Cigarette Tax Trust Fund will be used to restore the Reserve Account to its required amount, after providing for any current payments -2- MICROFILMED 3,13.80 -- into the Sinking Fund for principal and interest. If the Reserve Account is at its required amount of $25,000, and if the amount of money in said Sinking Fund plus 90 percent of the special assessments and interest income thereon to be collected during the following twelve months exceed the principal and interest coming due on the Bonds during the following 24 months, then such excess of monies will be termed 'Surplus Monies in the Sinking Fund' and will be used to call Bonds in numerical order of maturities, as Provided in the redemption provisions." SECTION 3. Subsection M of such Resolution is hereby amended to read as follows: "M. ISSUANCE OF ADDITIONAL PARITY OBLIGA- TIONS. (I)The City may issue additional Bonds secured by a parity lien on its cigarette tax provided that the cigarette tax received during the immediately Preceding twelve months is equal to not less than 150 percent of the maximum future annual debt service (a) on all Bonds in any year from May 1, .1981 and thereafter, and on all additional parity bonds, if any, then outstanding and (b) on the additional parity bonds proposed to be issued. Any additional parity bonds must mature in such a manner that principal and interest requirements on such additional parity bonds are as nearly as practicable the same amount in each year that they are outstanding until the year 1994. The City reserves the right to pledge at any future time as additional security for the Bonds and any additional parity bonds that it may issue, its electric franchise tax and /or its occupational license taxes provided they are not encumbered in any other manner. In the event such pledges are made the Proceeds Of such excise taxes may be taken into consideration in -3- ® MICROFILVED 3.13.80 _. computing debt service coverage. The City may issue additional parity bonds for any lawful purpose. (2) such additional parity obligations to be issued shall mature on May 1 of each year, and the interest thereon shall be payable semi - annually on May 1 and Nov- ember 1 of each year. (3) The City shall not be in default in performing any of the covenants and obligations assumed under this resolution, and all payments required by this resolution to have been made into the funds and accounts established hereunder shall have been made to the full extent requir- ed. The proceeds received or estimated to be received by the City from the special assessments shall not be consid- ered in determining whether the foregoing requirements for the issuance of additional parity obligations have been ,at." Section 4. This resolution shall take effect immediately upon its adoption. ADOPTED BY THE CITY COUNCYL OF THE CITY OF CAPE CANAVERAL, mRIDA, ON THIS THE 16th DAY OF MAY, A. D., 1967. MAYUH ATTEST:// C 1 CMY CLERK APPROVED AS TO FORM 'CITY ATTURMI;X -4-