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91-32 ~ . . . ~ RESOLUTION NO. 91-32 A RESOLUTION PROVIDING FOR THE REDEMPTION OF CERTAIN OF THE OUTSTANDING CITY OF CLEARWATER, FLORIDA, GAS SYSTEM REVENUE BONDS, SERIES 1983; PROVIDING FOR PUBLICATION AND MAILING OF THE NOTI~E OF REDEMPTION; PROVIDING FOR CERTAIN OTHER MATTERS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. WHEFEAS, the city of Clearwater, Florida (the "City"), has heretofore determined to proceed with the sale and issuance of Gas system Revenue Bonds, s~ries 1991 (the "Series 1991 Bonds") for the purpose of providing funds to finance the refunding of the City's outstanding Gas System Revenue Bonds, Series 1983 (the "Refunded Bonds"); and WHEREAS, the city has determined to call the Refunded Bonds maturing on and after September 1, 1995, for redemption on September 1, 1994 (the "Call Date"), and to direct the paying agent for the Refunded Bonds (the "Paying Agent"), to pUblish a notice of such redemption and to take such further action, including the mailing of such notice to all registered holders of the Refunded Bonds, as may be requi.red by the resolution securing the Refunded Bonds (the "Refunded Bonds Resolution"), and to mail such notice to any other holders of Refunded Bonds whose address is on file with the Paying Agent; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE ,,~} CITY OF CLEARWATER, FLORIDA: SECTION 1. The Refunded Bonds then outstanding scheduled to mature on or after September 1, 1995, are hereby irrevocably called for redemption on September 1, 1994, at the price of 102% of the principal amount of the Refunded Bonds to be redeemed. . ! 1 'f/, 3;.. ',:. ... .....~ "4.-.......,~l.."&j't.oo'l~~...:,.;'-l~)~'...~~~'<tIv.1~ ~ ,--- { SECTION 2. The Paying Agent is hereby authorized and directed to publish at least thirty (30) days prior to the Call Date for the Refunded Bonds in a newspaper published in New York, New York, a notice in substantially the form attached hereto as Exhibit "A.II The Paying Agent is also hereby authorized and directed to provide written notice of such redemption to the registered owners of such Refunded Bonds and to any other Bondholder whose name and address are on file with the Paying Agent, not more than thirty (30) days and not less than fifteen (15) days prior to the Call Date. . SECTION 3. The paying Agent is also hereby authorized and directed to publish within thirty days of the delivery of the Series 1991 Bonds notice of the defeasance of the Refunded Bonds. Such notice shall be in substantially the form attached hereto as Exhibit "B." SECTION 4. This resolution shall be repealed by the city if the Bonds are not delivered and paid for within ninety (90) days I' fl , \ of the adoption of this resolution; otherwise this resolution shall be irrepealable and the direction given to the Paying Agent shall be irrevocable. Notwithstanding the foregoing, this resolution may .;. be amended by the City prior to the issuance of the Bonds. , I l "\. ! ? f1 d 2 9/. 3..: I)'", . , If: . ,'1 ~ f.~_.~ .r-. r ~e,' ~';~.~~:~ . " : ~.': It !~ I~ '.. " ~ ,I ,~ \ . SECTION 5. This resolution shall take effect immediately upon its adoption. Passed and adopted by the city commission of the city of Clearwater, Flor~da, this 15th day ,', .I .1 , ( SEAL) By: " 'ATTEST: , I .. ~ i, ~_.onn~_ -~ i , " ~ ': ~ ~ .~ f, :~ Approved as to form and correctness: ~ ;< ~ < ( '. .,i d' , '. 1; , " . , "\ ~l} " I', <I ji 1 " 3 11 - >;L , ~ r' . ~ EXHIBIT A NOTICE OF ADVANCE REFUNDING CITY OF CLEARWATER, FLORIDA ,- , GAS SYSTEM REVENUE BONDS SERIES 1983 NOTICE IS HEREBY GIVEN that 'all outstanding city of Clearwater, Florida, Gas System Revenue Bonds, Series 1983, maturing on or after September 1, 1995, have been irrevocably called for redemption on september 1, 1994, at the principal amount thereof, plus a premium of two percent- (2%) of the principal amount thereof. Payment of the principal amount of said Bonds, with premium, will be made on or after said redemption date of September 1, 1994, upon presentation of said Bonds at the principal corporate trust office of First Union National Bank of Florida, st. Petersburg, Florida (formerly Florida National Bank), as Paying Agent for said Bonds. Interest on said Bonds accruing to or prior to said redemption date will be paid in the usual manner. Interest on said Bonds will cease to accrue from and after said redemption date. - DATED this day of , 1994. FIRST UNION NATIONAL BANK OF FLORIDA As Paying Agent By " . 'I 7'/-- ",... . ~. " ,,- f EXHIBIT B NOTICE OF DEFEASANCE CITY OF CLEARWATER, FLORIDA' GAS SYSTEM REVENUE BONDS SERIES 1983 ; ~ 3 NOTICE IS HEREBY GIVEN for and on behalf of the City of Clearwater, Florida, that the City of Clearwater, Florida, Gas System Revenue Bonds, Series 1983, maturing on or after September 1, 1995, have been advance refunded by depositing in irrevocable escrow cash and obligations of the United States of America sufficient to pay the principal and interest on the Bonds maturing prior to September 1, 1995, to pay principal and interest on the Bonds maturing on or after September 1, 1995, and to pay a redemption premium of 2% on the Bonds maturing on or after September 1, 1995, which are being redeemed on September 1, 1994. Such Bonds shall no longer be entitled to any security or benefit under the resolution authorizing their issuance, other than the right to receive payment from said moneys. !. I, DATED this day of , 1991. FIRST u~ION NATIONAL BANK OF FLORIDA As Paying Agent By 7/-3;2-