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03-1462 Utility Bonds
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03-1462 Utility Bonds
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Last modified
8/3/2005 2:54:16 PM
Creation date
2/15/2005 3:06:10 PM
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City Clerk
City Clerk - Doc Type
Resolutions
City Clerk - Date
12/8/2003
Doc Number
03-1462
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<br />(A) Receipt by the Mayor of a disclosure statement and a truth-in-bonding statement of <br />the Note Purchaser compIying with Section 218.385, Florida Statutes. <br /> <br />(B) Receipt by the Note Purchaser of the Issuer's counsel's opinion as to the due <br />authorization, execution, delivery and enforceability of this Supplemental Resolution and the Series <br />2003 Notes. <br /> <br />(C) Receipt by the Issuer of an opinion of Bond Counsel as to the exclusion of the interest <br />on the Series 2003 Notes from gross income for federal tax purposes under the Code, and certain <br />other matters related to the Series 2003 Notes. <br /> <br />Upon satísfaction of all the requirements set forth in this Section 6, the Mayor is authorized <br />to execute and deliver the Series 2003 Notes in exchange for the principal amount thereof from the <br />Note Purchaser. This Supplemental Resolution shall act as Bond Purchase Agreement as between <br />the Issuer and the Note Purchaser. <br /> <br />SECTION 7. REDEMPTION PROVISIONS. The Series 2003 Notes shall be subject to <br />redemption prior to their maturity as set forth in the form of Series 2003 Notes attached hereto as <br />Exhibits "B" and "C." <br /> <br />SECTION 8. CERTIFIED NOTE; NO BOOK-ENTRY. The Series 2003 Notes shall <br />be certificated and will not be eligible for book-entry registration. The Series 2003 Notes shall be <br />issued as separate notes in substantially the forms set forth in Exhibits "B" and "C" hereto. <br /> <br />SECTION 9. TRANSFER OF CERTAIN MONEYS. The Series 2002 Note will be <br />refunded from proceeds of the Series 2003B Note, inclusive of proceeds of the Series 2002 Note <br />currently held by the Issuer, and, if necessary, other legally available moneys of the Issuer. Any <br />excess moneys on deposit in the funds and accounts established for the Series 2002 Note under the <br />Resolution shall be transferred to the Note Purchaser as sole Holder ofthe Series 2002 Note or as <br />otherwise directed by Bond Counse1. <br /> <br />SECTION 10. NOTE PURCHASER RELYING UPON ITS OWN DUE DILIGENCE. <br />The Note Purchaser is purchasing the Series 2003 Notes based upon its own due diligence regarding <br />the Issuer and the Pledged Funds. By purchasing the Series 2003 Notes, it acknowledges that it is <br />experienced in the field of purchasing municipal debt and that it is an "accredited investor" within <br />the meaning of Regulation D of the Securities Act of 1933 promulgated by the Securities and <br />Exchange Commission and Chapter 5 I 7 of the Florida Statutes. The Note Purchaser shall purchase <br />the Series 2003 Notes for its own account and has represented that it has no present intention to sell <br />or otherwise dispose of such Series 2003 Notes, but has reserved the right to do so. <br /> <br />SECTION 11. NO RESERVE ACCOUNT REQUIREMENT. Pursuant to the <br />Authorizing Resolution, the Issuer may establish a different Reserve Account Requirement by <br /> <br />4 <br />
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