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HomeMy WebLinkAboutCity of Tamarac Resolution R-92-131S CITY OF TAMARAC 3 RESOLUTION NO. R-92- j RESOLUTION AMENDING RESOLUTION NO. R-92-74 = AUTHORIZING THE ISSUANCE OF THE CITY'S WATER AND SEWER UTILITY REVENUE REFUNDING BONDS, i SERIES 1992, TO INCLUDE CERTAIN PROVISIONS REQUIRED BY FINANCIAL GUARANTY INSURANCE ., COMPANY; AND TO PROVIDE AN EFFECTIVE DATE. 19 WHEREAS, the City issued $12,700,000 of its Water and Sewer Utility Revenue Bonds, Series 1986 (the "Series 1986 Bonds") as additional bonds pursuant to Section 207 of Resolution No. R-85-436 (the "1985 Resolution") in order to pay the cost of certain capital improvements of the System; and WHEREAS, the City adopted Resolution No. R-94-74 on April 22, 1992, (the "Resolution") authorizing the issuance of the City's Water and Sewer Utility Revenue Refunding Bonds, Series 1992, in order to refund the Series 1986 Bonds; and WHEREAS, the City has received a commitment from lhli Financial Guaranty Insurance Company ("FGIC") to insure the payment of principal and interest on the Series 1992 Bonds; and WHEREAS, FGIC agreed to permit the Series 1992 Bonds to rid be sold and delivered on the assurance that an amendment to the Resolution would be presented for consideration to this Council at the first regularly scheduled meeting in August; and WHEREAS, the City wishes to amend the Resolution to conform with the request of FGIC. NOW, THEREFORE, BE IT RES7LVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: Section 1. The Resolution is hereby amended by inserting on page 9 before Section 18 -as a new, Section the followings -1_ rr 3 2 F1 A. Definitions. I "Series 1992 Bond Insurer" means Financial f Guaranty Insurance Company, a New York stock i insurance company or any successor thereto. 17 r 1! 0 2 3 4 5 b 7 �d 2[ 23 2 23 24 25 U 27 2! 29 30 31 3. 23 3/ 3s "Series 1992 Bond Insurance Policy" means the municipal bond new issue insurance policy issued by the Series 1992 Bond Insurer that guarantees payment of principal of and interest on the Series 1992 Bonds. B. Investment Obligations purchased with monies on deposit in the Reserve Fund shall be valued not less often than annually, at the lower of cost or market value thereof, exclusive of accrued interest and shall have a term to maturity not greater than five years. Any deficiencies in the amount of deposit in the Reserve Fund resulting from a decline in market value of investment obligations or a draw shall be restored no later than the succeeding valuation date which shall be not less often than annually. The Reserve Fund for the Series 1992 Bonds shall at all times be funded with Investment Obligations for the Reserve Fund. C. Disclosure to Do ---Insurer. The Series 1992 Bond Insurer shall be provided by the City with the following information: (1) Within 120 days after the end of the City's Fiscal Year, the budget for the new year, the annual audited financial statements, a statement of the amount on deposit in the Debt Service Reserve Fund as of the last valuation, and, if not presented in the audited financial statements, a statement of the net revenues -pledged to payment of Bonds in such Fiscal Year; (2) The Official Statement or other disclosure, if any, prepared in con- nection with the issuance of additional debt, whether or not it is on a parity with the - Series 1992 Bonds within thirty (30) days after the sale thereof; (3) Notice of any draw upon or, deficiency due to market fluctuation in the amount, if any, on deposit in the Debt Service Reserve Fund; (4) Notice of the Redemption, other than mandatory sinking fund redemption, of any of the Series 1992 Bonds, inclu- ding the principal amounts, maturities and CUSIP numbers thereof; (5) Simultaneously with the delivery of the annual audited financial -2- 14 M at 11 statements a written report containing the following: (1) The number of system users as of the end of the fiscal year; (ii) Notification of the with- drawal of any system user compri- sing four percent (4%) or more of systems sales measured in terms of revenue dollars since the last reporting date; (iii) Any significant plant retire- ments or expansions planned or undertaken since the last reporting date; and (6) Such additional information as the Series 1992 Bond Insurer may reasonably request, from time to time. D. Additional Bonds. Notwithstanding satisfaction of other conditions to the issuance of additional bonds contained in the Resolution, no such issuance may occur should any event of default have occurred and be continuing. E. Notice of Redemption. Notice of the redemption of the Series 1992 Bonds, other than mandatory sinking fund redemption, and except for any notice that refers to the Series 1992 Bonds that are the subject of advanced refunding, shall be circulated only if sufficient funds have been deposited with the Paying Agent to pay the redemption price of the Series 1992 Bonds to be redeemed. F. payment, nefault. The following provisions pertain to a payment default: (1) In determining whether a payment default has occurred or whether a payment on the Series 1992 Bonds has been made under the Resolution, no affect shall be given to payments made under the Series 1992 Bond Insurance Policy; (2) The Series 1992 Bond Insurer shall receive immediate notice of any payment default and notices of any other default known to the Paying Agent or the City within thirty (30) days after the default occurs; (3) Any waiver of an event of default shall be subject to the prior written consent of the Series 1992 Bond Insurer. G. Rights of the 1992 Band Insure=. For all purposes of Article VIII of the 1985 Resolution, except the giving of notice of default to Bondholders, the Series 1992 Bond Insurer shall be deemed to be the sole holder of the Series 1992 Bonds for so long as it has not failed to comply with its payment obligations under the Series 1992 Bond Insurance Policy. H. AMendmeent or Supplement to the Resolution. Any amendment or supplement to the Resolution shall be 501 S 2 3 f i f 130 A 3 5 6 7 23 26 25 26 27 1 2! 29 30 21 3: 33 34 35 subject to the prior written consent of the Series 1992 Bond Insurer. The City shall provide any rating agency rating the Series 1992 Bonds with notice of such amendment and a copy thereof at least fifteen (15) days in advance of its execution or adoption. The Series 1992 Bond Insurer shall be provided with a full transcript of all proceedings relating to the execution of any supplemental resolution. I. Defeasance Obligations. only cash, direct non -callable obligations of the United States of America and securities fully unconditionally guaranteed as to the timely payment of principal and interest by the United States of America, to which direct obligation or guaranty the full faith and credit of the United States of America has been pledged, Refcorp Interest Strips CATS, TIGRS, STRPS, or defeased municipal bonds rated AAA by S&P or Aaa by Moody's (or any combination thereof), shall be used to effect defeasance of the Series 1992 Bonds unless the Series 1992 Bond Insurer otherwise approves. In the event of an advanced refunding, the City shall cause to be delivered to the Series 1992 Bond Insurer a verification report of an independent nationally recognized certified public accountant. J. Requirements. The following payment provisions shall be followed in the event of a need for a draw against the Series 1992 Bond Insurance Policy: (1) If, on the third day preceding any interest payment date for the Series 1992 Bonds, there is not on deposit sufficient monies available to pay all principal of and interest on the Series 1992 Bonds due on such date, the Paying Agent shall immediately notify the Series 1992 Bond Insurer and Citibank, N.A., New York, New york, or its successor, as its Fiscal Agent, the ("Fiscal Agent") of the amount of such deficiency and the Bond Registrar shall simultaneously make available to the Series 1992 Bond Insurer and to the Fiscal Agent the registration books for the Series 1992 Bonds. In addition: (i) The Bond Registrar shall provide, the Series 1992 Bond Insurer with a list of the Bondholders entitled to receive principal or interest payments from the Series 1992 Bond Insurer under the terms of the Series 1992 Bond Insurance Policy and shall make arrangements for the Series 1992 Bond Insurer and Fiscal Agent (A) to mail checks or draft to Bondholders entitled to receive full or partial interest payments from the Series 1992 Bond Insurer, and (B) to pay principal of the Series 1992 Bonds surrendered to the Fiscal Agent by the Bondholders entitled to receive full or partial principal payments from the Series 1992 Bond Insurer; and 1E10 rn (ii) The Bond Registrar shall, at the time it makes the registration books available to the Series 1992 Bond Insurer pursuant to (i) above, notify the Bondholders entitled to receive the payment of principal of or interest on the Bonds from the Series 1992 Bonds Insurer (A) as to the fact of such entitlement, (B) that the Series 1992 Bond Insurer will remit to them all or part of the interest payments coming due subject to the terms of the Series 1992 Bond Insurance Policy, and (C) that, except as provided in paragraph (2) below, in the event that any Bondholders entitled to receive full payment of principal from the Series 1992 Bond Insurer, such Bondholder must tender his Bond with the instrument of transfer in the form provided on the Bonds executed in the name of the Series 1992 Bond Insurer, and (d) that, except as provided in paragraph (2) below, in the event that such Bondholders entitled to receive partial payment of principal from the Series 1992 Bond Insurer, such Bondholder must tender his Bond for payment, first to the Bond Registrar, which shall note on such Bond the portion of principal paid by the Bond Registrar, and then, with an acceptable form of assignment executed in the name of the Series 1992 Bond Insurer, to the Fiscal Agent, which will then pay the unpaid portion of principal to the Bondholders subject to the terms of the Series 1992 Bond Insurance Policy. (2) In the event that the Bond Registrar has noticed that any payment of principal of or interest on a Bond has been recovered from a Bondholder pursuant to the United States Bankruptcy Code by a trustee in bankruptcy in accordance with the final, nonappealable order of a court having competent juris- diction, the Bond Registrar shall, at the time it provides notice to the Series 1992 Bond Insurer, notify all Bondholders that in the event that any Bondholder's payment is so rendered, such Bondholder will be entitled to payment from the Series 1992 Bond Insurer to the extent*of such recovery, and the Bond Registrar shall furnish to the Series 1992 Bond Insurer its records evidencing the payments of principal of and interest on the Series 1992 Bonds which have been made by the Bond Registrar and subsequently recovered from Bondholders, and the dates on which such payments were made. (3) The Series 1992 Bond Insurer shall, to the extent it makes payment of principal of or interest on the Series 1992 Bonds, become subrogated to the rights of the recipients of such payments in accordance with the terms of the Series 1992 Bond Insurance Policy and, to evidence such subrogation, (A) in the case of subrogation -5- 2 3 3 6 7 d L 3 2 3 21 25 26 21 2! 21 30 ai 3. 23 i/ U as to claims for past due interest, the Bond Registrar shall note the Series 1992 Bond Insurer's rights as subrogee on the registration books upon receipt from the Series 1992 Bond Insurer approved for the payment of interest thereon to the Bondholders of such Bonds, and (B) in the case of subrogation as to claims for past due principal, the Bond Registrar shall note the Series 1992 Bonds Insurer's right as subrogee on the registration books for the Series 1992 Bonds upon receipt of proof of the payment of principal thereof to the Bondholders of such Series 1992 Bonds. Nothwithstanding anything in this Resolution or the Series 1992 Bonds to the contrary, the Bond Registrar shall make payment of such past due interest and past due principal directly to the Series 1992 Bond Insurer to the extent that the Series 1992 Bond Insurer is a subrogee with respect thereto. K. Notice . All notices to the Series 1992 Bond Insurer and the Fiscal Agent shall be as follows: FINANCIAL GUARANTY INSURANCE COMPANY 175 Water Street New York, New York 10038 Attention: General Counsel CITIBANK, N.A. 20 Exchange Place - 16th Floor New York, New York 10005 Attention: Municipal Trust and Agency Services Administration SECTION 2. This Resolution shall take effect immediately upon its adoption. VC PASSED, ADOPTED AND APPROVED this % day of , 1992. ATTEST: CARD A. EVANS CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as t.&form. t' TC ELL S. KRAFT j CITY ATTORNEY 1, 4 . L. BENDER MAYOR RECORD OF COUNCIL VOTE MAYOR BENDER DISTRICT 1 : C/M KATZ DISTRICT 2: V/M SCi-iUMANIy,_"� DISTRICT 3: /M EiCHREIBER DISTRICT 4: C/M ABRAMOWITZ