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Ordinance No. 80-89-41 v . ORDINANCE NO. 80-89-41 AN ORDINANCE AMENDING ORDINANCE NO. 80-88-37, RELATING TO THE OAK HARBOR WATER AND SEWER DISTRICT AND OAK HARBOR WATER AND SEWER DISTRICT REVENUE BONDS; PROVIDING FOR AUTHORIZED DENOMINATIONS AND TRANSFERS OF BONDS; AMENDING TIMES FOR PAYMENT AND REDEMPTION OF BONDS; INCREASING DEBT SERVICE COVERAGE REQUIREMENTS; APPOINTING A SUCCESSOR PAYING AGENT AND REGISTRAR; APPROVING A REOFFERING CIRCULAR AND REMARKETING OF THE BONDS; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA: Section 1. Amendment to Ordinance. Ordinance No. 80-88-37 of the City of Atlantic Beach, Florida, is amended as follows: (a) The first paragraph of Section 8 is amended to read as follows: "Section 8. DESCRIPTION OF INITIAL BONDS. The Initial Bonds shall be dated as of their date of delivery, shall be designated "R- " and numbered consecutively from one upward in order of authentication; shall be in Authorized Denominations ($5,000 each or integral multiples thereof), and shall bear interest at the rate of 8.0% per annum, payable semi-annually on December 1, 1989 and each June 1 and December 1 thereafter. The Bonds shall mature serially in installments on December 1, 1989, and each December 1 thereafter, in the following years and amounts: Maturity Principal Maturity Principal Date Amount Date Amount 1989 $ 5,000 2004 $ 25,000 1990 10,000 2005 25,000 1991 10,000 2006 30,000 1992 10,000 2007 30,000 1993 10,000 2008 35,000 1994 10,000 2009 35,000 1995 15,000 2010 40,000 1996 15,000 2011 45,000 1997 15,000 2012 45,000 1998 15,000 2013 50,000 1999 15,000 2014 55,000 2000 20,000 2015 60,000 2001 20,000 2016 65,000 2002 20,000 2017 70,000 2003 25,000 2018 75,000" * * * LKL-05/31/89-262AA-2738 -1- R ev.06/14/89 (b) Section 10 is amended to read as follows: "Section 10. NEGOTIABILITY. Subject to the provisions hereof respect- ing registration and transfer, the Bonds shall be and shall have all the qualities and incidents of negotiable instruments under the laws of the State of Florida, and each successive holder, in accepting any of the Bonds shall be conclusively deemed to have agreed that such Bonds shall be and have all of such qualities and incidents of negotiable instruments under the Uniform Commercial Code - Investment Securities of the State of Florida." (c) The first two paragraphs of Section 13 are amended to read as follows: "Section 13. PROVISIONS FOR REDEMPTION. The Initial Bonds shall be redeemable, at the option of the City, on and after March 1, 1994, in whole or in part, in inverse order of maturity and by lot within a maturity, on any date, at the price of par plus accrued interest to the redemption date. Bonds in denominations greater than an Authorized Denomination shall be deemed to be an equivalent number of Bonds in the denomination of the minimum Authorized Denomination, and if a Bond is of a denomination larger than the minimum Authorized Denomination, a portion of such Bond may be redeemed, in the amount of any Authorized Denomination." * * * (d) Section 17E is amended to read as follows: * * * "E. RATE ORDINANCE. The City has enacted or will enact a rate ordinance and thereby will fix, establish and maintain such rates and will collect such fees, rentals and other charges for the services and facilities of the Oak Harbor System and revise the same from time to time whenever necessary, as will always provide Gross Revenues in each Fiscal Year sufficient to pay the Cost of Operation and Maintenance of the Oak Harbor System in such Fiscal Year, one hundred twenty per centum (120%) of the Bond Service Requirement becoming due in such Fiscal Year on the outstanding Bonds, plus one hundred per centum (100%) of all reserve and other payments required to be made pursuant to this Ordinance. Such rates, fees, rentals and other charges shall not be reduced so as to be insufficient to provide Gross Revenues for such purposes. However, nothing in this Ordinance shall ever require the City to raise rates or charges for utility services provided to areas outside Oak Harbor District." * * * (e) Subsection 17M(1) is amended to read as follows: "M. REMEDIES. (1) It shall be an "Event of Default" under this Ordinance if any of the following shall occur: LKL-06/14/89-262AA-2738 -2- (a) Failure to pay any portion of the principal of or interest on the Bonds when due; (b) Failure by the City to comply with any of the covenants and terms of this Ordinance made for the benefit of the Bondholders; (c) There shall occur the filing by the City of a voluntary petition in bankruptcy, or the commission by the City of any act of bankruptcy, or the adjudication of the City as a bankrupcy, or the assignment by the City for the benefit of its creditors, or the entry by the City into an agreement of composition with its creditors, or the approval by a court of competent jurisdiction of a petition applicable to the City in any proceeding for its reorganization, instituted under the provisions of the Federal Bankruptcy Act, as amended, or any similar act in any jurisdiction which may now be in effect or hereinafter amended; or (d) An order or decree shall be entered, with the consent or acquiescence of the City, appointing a receiver or receivers of the Oak Harbor System, or any part thereof, or of the rents, fees, charges or other revenues therefrom, or if such order or decree, having been entered without the consent of acquiescence of the City, shall not be vacated or discharged or stayed within 90 days after the entry thereof." * * * Section 2. Paying Agent and Registrar. Florida National Bank, Jacksonville, Florida, is hereby appointed as successor paying agent and registrar for the City's Oak Harbor Water and Sewer District Revenue Bonds. Section 3. Approval of Remarketing and Reoffering Circular. The remarketing of the Oak Harbor Water and Sewer District Revenue Bonds of the City as described in the Reoffering Circular attached hereto as Exhibit A, revised to reflect the deletion of all references to Non-Ad Valorem Revenues, is approved, and the Mayor and City Manager are authorized to execute and deliver the Reoffering Circular for such purposes, in substantially the form attached hereto, with such changes as they shall approve, their approval to be evidenced by their execution thereof, upon satisfaction of the conditions for resale provided in Resolution No. 89-10 of the City and approval by the City Attorney. Section 4. Effective Date. This ordinance shall become effective immediately upon its enactment. However, the amendments described in Section 1 and the appointment of the successor paying agent and registrar shall become effective only upon the delivery of Bonds remarketed as described in Section 3 hereof. LKL-06/14/89-262AA-2738 -3- Passed on first reading MAY 22, 1989 Passed on second and final reading JUNE 12, 1989 Approved as to form and correctness: /2 /7 _ _City Attorney CITY OF ATLANTIC B' - H, FLORIDA By: hi, Tr or (SEAL) Attest: City ler.k LKL-06/14/89-262AA-2738 -4-