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ORDINANCE NO. 2556-81
AN ORDINANCE PROVIDING FOR THE ACQUISITION,
CONSTRUCTION AND EQUIPPING BY THE CITY OF
CLEARWATER OF A PROJECT FOR A NURSING HOME;
PROVIDING FOR THE SALE OF SUCH PROJECT TO BETHAMY
GARDENS, LTD.; PROVIDING FOR THE ISSUANCE BY THE CITY
OF CLEARWATER OF UP TO $4,000,000 PRINCIPAL AMOUNT OF
ITS FIRST MORTGAGE NURSING HOME REVENUE BONDS TO PAY
ALL OR A PORTION OF THE COST OF SUCH PROJECT;
PROVIDING FOR THE RIGHTS OF THE HOLDERS OF SUCH
BONDS; PROVIDING FOR THE PAYMENT THEREOF; PROVIDING
FOR A.NEGOTIATED SALE OF SUCH BONDS MAKING CERTAIN
OTHER COVENANTS AND AGREEMENTS IN CONNECTION WITH
THE ISSUANCE OF SUCH BONDS; PROVIDING FOR PROPER
NOTICE OF PROPOSED ENACTMENT AND PROVIDING FOR AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER,
FLORIDA:
Section I. AUTHORITY FOR THIS ORDINANCE. This Ordinance is
adopted pursuant to the provisions of Chapter 159, Part 11, Florida Statutes, and other
applicable provisions of law.
Section 2. DEFINITIONS. Unless the context otherwise requires, the
terms defined in this section shall have the meanings specified in this section. Words
importing the singular shall include the plural, and words importing the plural shall
include the singular, and words importing persons shall include corporations and other
entities or associations.
"Act" means Chapter 159, Part It, Florida Statutes, as now or hereafter
supplemented or amended.
"Agreement" means the Agreement of Sale and Security Agreement to be
executed by and between the Issuer and the Company, substantially in the form
attached hereto as Exhibit 1 and incorporated herein by reference.
"Bonds" means the Series 1982 Bonds and any additional parity bonds issued
under the Indenture.
"Building" means all buildings, structures and other improvements to real
property located on the Project Site, and all additions, modifications and
improvements thereto, as they may at the time exist.
"Code" means the Internal Revenue Code of 1954, as amended.
"Company" means Bethamy Gardens, Ltd., a Florida limited partnership.
"County" means Pinellas Jnty, Florida.
"Deed" means the Warranty Deed under which the Issuer shall acquire title
to the Project Site.
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"Indenture" means the Indenture of Trust, Mortgage and Security Agreement
to be executed by and between the Issuer and the Trustee, substantially in the form
attached hereto as Exhibit II and incorporated herein by reference.
"Issuer" means the City of Clearwater, Florida, a municipality and public
body corporate and politic duly created and existing under and by virtue of the laws of
the State of Florida.
"Project" means the "Project" as defined in the Agreement, which shall
consist of the Project Site and the Building and Equipment.
"Project Site" means the "Project Site" as defined in the Agreement, which
shall consist Initially of the land in the City of Clearwater, Pinellas County, Florida,
to be described on Exhibit A to the Agreement and which constitutes the site of the
Project.
"Purchaser" means William G. Ceas & Company, of Rolling Meadows,
Illinois.
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"Series 1982 Bonds" means the bonds of the Issuer to be designated "City of
Clearwater First Mortgage Nursing Home Revenue Bonds (Bethamy Gardens, Ltd.
Project), Series 1982," substantially in the form and with the rates of interest,
maturity dates and other details provided for herein and in the Indenture, to be
authorized and issued by the Issuer, authenticated by the Trustee and delivered under
the Indenture.
"Trustee" means a bank or trust company to be designated by the Mayor-
Commissioner and City Manager to serve as Trustee under the Indenture, its corporate
successors, and any co-trustee or successor trustee appointed pursuant to the
Indenture.
Section 3. FINDINGS. It is hereby ascertained, determined and declared
as follows:
A. The Issuer is a municipal corporation and a public body corporate and
politic duly created and existing under and by virtue of Chapter 9710, Laws of Florida
(1923), as amended in its entirety by Ordinance No. 1830 of the Issuer (the "City
Charter"), and is permitted by the City Charter and duly authorized and empowered by
Chapter 159, Part 11, Florida Statutes, as amended (the "Act"), to provide for the
Issuance of and to issue and sell its revenue bonds for the purpose of financing all or
any part of the "cost" (as defined in the Act) of any "project" (as defined in the Act).
B. The Company, in order to enhance and expand the health care Industry
in the State of Florida (the "State"), to improve living condltions and health care and
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to advance and improve the public health and the welfare of the State and its inhabitants,
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_ and to otherwise provide for and contribute to the health, safety and welfare of the
people of the State, and also incidentally to promote and foster the economic growth A, $:F: ;4zr. °i;%,i.;•; h«^'?,r
and development of the Issuer and the State, To increase purchasing power and opportuni-
ties for gainful employment, to advance and improve the economic prosperity of the +,,.? ??•a.... g. +'•' ,-+
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-=.?_• State and its inhabitants and to foster the industrial and business development of the
Issuer, proposes that the Issuer issue and sell its First Mortgage Nursing Home< P; '•' ;?;,h;,
Revenue Hands (Bethamy Gardensf Ltd. Project), Series 1982, in an aggregate principal
Y''` amount of not to exceed $4,000,000 (the "Series 1982 Bonds"); that the Issuer use the
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proceeds thereof to finance all or any part of the cost of issuance of the Bonds and of
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acquiring, constructing and equipping a new 120 bed skilled and intermediate care
nursing home on land located in the City of Clearwater (the "Project"), such Project to
€)+L' be operated as a kosher home, without discrimination due to race, religion or national
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"•,3• origin, and to be subject to ad valorem taxation; and that the issuer sel I the Project
the Company under the Agreement obligating the Company for payments sufficient to
y-t pay the principal of and premium, if any, and interest on the Bonds when and as the
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same become due, and for the payment of all other costs incurred by the Issuer in
connection with the financing, construction and administration of the Project which r'te': -_ r..
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ermined by the ''•??? sr?: •'?a":-y,,_ '?
are not paid out of the Bond proceeds or otherwise; all as p
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Constitution and other laws of the State of Florida and as authorized by the Act.
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C. The Company has shown that the Project will enhance and expand the
health care industry and improve health care in the Issuer and its environs by creating
I 120 new licensed and certified beds for skilled and intermediate nursing care, and will l e" afit`
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its environs
•.J.,? ; also have the incidental effects of increasing employment in the Issuer and it
by creating new jobs and by adding to the tax base.
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a D. The Project and the financing of all or a portion of the cost of the -..?s;n;
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Project by the Issuer will be in furtherance of the purposes of the Act in that it will
enhance and expand the health care industry and improve health care in the issuer and
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its environs, and will also have the incidental effect of providing jobs and fostering the
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economic development and the industrial and business development of the Issuer.
E. The Project is appropriate to the needs and circumstances of, ,,?r'};.?,,, ;??'"•"?;xtti,y=`'-r''?9
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,f make a significant contribution to the economic growth of, the City of Clearwater and
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"T. Pinellas County, shall provide gainful employment and shall serve a public purpose by
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advancing the economic prosperity, health care and the general welfare of the State of :. +,tr•r :::y.t.?•ya :'>.?: ! , '• iii
Florida, and its people as provided in Section 159.29, Florida Statutes, as amended. fs_,. Ax?.a
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F. The Company is financially responsible and fully capable of, and willing
to fulfill its obligations under the Agreement, including the obligations to make
payments in the amounts and at the times required; to operate, repair and maintain
the Project at its own expense; and to serve the purposes of the Act and other
responsibilities as may be imposed under the Agreement, due consideration having
been given to the Company's projected ratio of current assets to current liabilities, net
worth, earning trends, coverage of all fixed charges, the nature of the industry or
business, Its inherent stability, the personal financial ability of Rabbi Peter J. Mehler
and Sulu Devnani, the Company's general partners and all other factors determinative
of the capability of the Company, financially and otherwise, to fulfill its obligations
consistently with the purposes of the Act.
G. The City of Clearwater and the County are able to cope satisfactorily
with the impact of the Project and will be able to provide, or cause to be provided
when needed, the public facilities, including utilities and public services, that will be
necessary for the construction, operation, repair and maintenance of the Project and
on account of any increases in population or other circumstances resulting therefrom.
H. Adequate provision is made under the Agreement for the operation,
repair and maintenance of the Project at the expense of the Company, for the
payment of the principal of, premium, if any, and interest on the Series 1982 Bonds
when and as the same become due and payable, and for the payment by the Company
of all other costs incurred by the Issuer in connection with the financing, construction
and administration of the Project which are not paid out of the proceeds from the sale
of the Series 1982 Bonds or otherwise.
1. The costs to be paid from the proceeds of the Series 1982 Bonds shall be
costs of a project within the meaning of the Act.
J. The principal of, premium, if any, and interest on the Series 1982 Bonds
and all other pecuniary obligations of the Issuer under the Agreement, the Indenture or
otherwise, In connection with the Project or the Series 1982 Bonds, shall be payable by
the Issuer solely from the purchase price payments and other revenues and proceeds
receivable by the Issuer under the Agreement or otherwise from the operation, sale,
lease or other disposition of the Projec,, +he proceeds of the Series 1982 Bonds and
income from the temporary investment thereof or of such other revenues and
proceeds, and proceeds from insurance and condemnation awards, as pledged for such
payment to the Trustee under and as provided in the Indenture; neither the faith and
_4-
Ord #2555-81 11/14/R1
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credit nor the taxing power of the Issuer or of the State of Florida or of any political
subdivision thereof is pledged to the payment of the Bonds issuable under the Indenture ^:,,K y
or of such other pecuniary obligations of the Issuer, and the Issuer, the State of Florida t•?Y ° f".`'
and any political subdivision thereof shall never be required or obligated to levy ad
valorem taxes on any property within their territorial limits to pay the principal of,
premium, if any, or interest on the Series 1982 Bonds or other pecuniary obligations or r?'#rn.'=k
to pay the some from any funds thereof other than such revenues, receipts and proceeds so pledged, and the Bonds shall not constitute a lien upon any property owned
b the Issuer other than the Project the Agreement and the property rights, receipts,
revenues and proceeds pledged therefor under and as provided In the Indenture. K. The payments to be made by the Company under the Agreement will
be sufficient to pay all principal of, premium, if any, and interest on the Series 1982
Bonds, when and as the some shall become due, and alI other costs incurred by the
Issuer in connection with the financing, construction and administration of the Project,
except as may be paid out of the proceeds of sale of the Series 1982 Bonds or
otherwise, and to make all other payments required by the Indenture.
L. Upon the Issuance of the Series 1982 Bonds, the interest thereon will
if f4
be exempt from federal income taxation under existing laws of the United States of
America, as required by the Act.
M. A negotiated sale of the Series 1982 Bonds is required and necessary,
and is in the best interest of the Issuer, for the following reasons: the Series 1982
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Bonds will be special and limited obligations of the Issuer payable solely out of moneys ,?'`•'e';'';'
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derived by the Issuer from the Project; the Company will be required to pay all costs'
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of the Issuer in connection with the financing, construction and administration of the 3.,.,:.,, ••.:
Project which are not paid out of the bond proceeds or otherwise and to operate and
maintain the Project at the Company's own expense; the cost of issuance of the Series
1982 Bonds, which must be borne directly or indirectly by the Company, would most
likely be greater if the Series 1982 Bonds are sold at public sale by competitive bids a`
than if the Series 1982 Bonds are sold at negotiated sale, and there is no basis for any
expectation that the terms and conditions of a sale of the Series 1982 Bonds at public
sale by competitive bids would be any more favorable than at negotiated sale; industrial development revenue bonds having the characteristics of the Series 1982
Bonds are typically sold at negotiated sale under prevailing market conditions; the ,
a? `'
Company has conducted negotiations with the Purchaser relating to the principal
-5-
Ord #2556-81 - 11/19181 - - Eri1?
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amount of, term of and interest rate on the Series 1982 Bonds and the provisions of the
Agreement and Indenture; the Company has Indicated that its willingness to proceed
with the acquisition, construction and financing of the Project is predicated upon the
Issuer's approval of a negotiated sale of the Series 1982 Bonds on terms satisfactory to
the Company; authorization of a negotiated sale of the Series 1982 Bonds is necessary
in order to serve the purposes of the Act.
N. The issuance of the Series 1982 Bonds will not create an unjustified
competitive disadvantage to existing businesses in the area, will stimulate the local
economy, will result in the creation (or retention) of a significant number of jobs, and
the Project would not have been undertaken without tax-exempt financing.
0. The purposes of the Act will be more effectively served by the
appointment of the Company as independent contractor of the Issuer for the
acquisition, construction and equipping of the Project, as provided in the Agreement.
Section 4. PROJECT AND SALE THEREOF AUTHORIZED. The
acquisition and construction of the Project and the sale thereof to the Company, as
provided in the Agreement, are hereby approved and authorized.
Section 5. AUTHORIZATION OF THE SERIES 1982 BONDS. The Series
1982 Bonds being issuable as registered bonds and coupon bonds, to be dated January 1,
1982, in the aggregate principal amount of $4,000,000 (or such lesser amount as may
be requested in writing by the Company), payable as provided in the Indenture but
having a final maturity not longer than thirty (30) years and bearing interest as
provided in the Indenture (which rate of interest shall never be more than eighteen
percent (18%), being subject to redemption, and having such place or places of
payment and other terms and provisions, all as provided in the Indenture hereinafter
authorized, and being substantially in the form set forth in the Indenture, with such
changes, including changes in date, corrections, insertions and deletions as may be
approved by the Mayor-Commissioner and City Manager of the Issuer, such approval to
be evidenced conclusively by their execution thereof, are hereby approved and are
hereby authorized for issuance pursuant to the Indenture; the Issuer hereby authorizes
and directs the Mayor-commissioner and City Manager of the Issuer to execute and
the City Clerk of the Issuer to attest, under the official seal of the Issuer, and the
City Attorney to approve as to form, sufficiency and correctness, the Series 1982
Bonds, to cause the Series 1982 Bonds to be authenticated by the Trustee and to be
delivered to the Purchaser, as provided in the Bond Purchase Agreement hereinafter
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LSSi ?<>. ''7 v?j •'!, .s jiix.; i '•:.r?"s. '' •`' ;:i.^ ., .. e:+.. i o;'.°. a Y .? ''z':J~ 's ?sr. f. ?•, ??<.,''.s??i =?;???3"s` t': ?v ?y.^ Y,y 4?`
?'t•3_.s-:. __. r?.t.?._ ..: >.'_. s..ln .. s•_?,'w;.'°?r. :rt':°•"=s'.". .. :,r t??"tai'. _..•? .?.?:- .t,...,,?.._'.<.l.=x l_..'?".?ti i:<:-_ _f;na?.. su._ K.. i!_ r. :.,.Z?.?•.?i: ?,?,.:+rt.a'i_.tl .. ._
orized, upon receipt by the Issuer, or by the Trustee for the account of the Issuer,
f the purchase price thereof. All of the provisions of the Series 1982 Bonds, when
authenticated and delivered, shall be deemed to be part of this Ordinance as
fully and to the same extent as if incorporated verbatim herein.
Section 6. AUTHORIZATION OF ACCEPTANCE OF THE DEED. The
Issuer hereby authorizes and directs the Mayor-Commissioner and City Manager of the
Issuer to accept delivery of the Deed; and all of the provisions of the Deed, when
ted and delivered to the Issuer, shall be deemed to be a part of this Ordinance as
Ily and to the same extent as if incorporated verbatim herein.
Section 7. AUTHORIZATION OF EXECUTION AND DELIVERY OF THE
REEMENT. The Agreement, substantially in the form attached hereto as Exhibit I
with such changes, corrections, insertions and deletions as may be approved by the
Mayor-Commissioner and City Manager of the issuer, such approval to be evidenced
conclusively by his execution thereof, is hereby approved and authorized; the Issuer
hereby authorizes and directs the Mayor-Commissioner and City Manager of the Issuer
to execute and the City Clerk of the Issuer to attest, and the City Attorney to approve
as to form, sufficiency, and correctness, the Agreement, and to deliver the Agreement
to the Company, and all of the provisions of the Agreement, when executed and
delivered by the Issuer as authorized herein and by the Company, shall be deemed to
be a part of this Ordinance as fully and to the same extent as if incorporated verbatim
herein.
Section 8. AUTHORIZATION OF EXECUTION AND DELIVERY OF THE
INDENTURE. The Indenture, substantially in the form attached hereto as Exhibit 11
with such changes, corrections, insertions and deletions as may be approved by the
Mayor-Commissioner and City Manager of the Issuer, such approval to be evidenced
conclusively by his execution thereof, is hereby approved and authorized; the Issuer
hereby authorizes and directs the Mayor-Commissioner and City Manager of the Issuer
to execute and the City Clerk of the Issuer to attest, under the official seal of the
Issuer, and the City Attorney to approve as to form, sufficiency, and correctness, the
Indenture, and to deliver the Indenture to the Trustee; and all of the provisions of the
Indenture, when executed and delivered by the Issuer as authorized herein, and by the
Trustee, shall be deemed to be a part of this Ordinance as fully and to the same extent
as if incorporated verbatim herein.
-7-
Ord #2556.81
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11/19/81
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Section 9. AUTHORIZATION OF NEGOTIATIONS FOR THE SALE OF D'
THE SERIES 1982 BONDS. The Issuer has found that a negotiated sale of the Series
1982 Bonds is desirable and in the best interests of the Issuer and agrees to sell the
Series 1982 Bonds at a negotiated sale, provided, however, that prior to any such sale a f
'
Bond Purchase Agreement relating thereto, in form and containing terms satisfactory ?'i?r•'r,
to the Issuer is approved by subsequent resolution of the Issuer. ?"5s
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Section 10. NO PERSONAL LIABILITY. No representation, statement,
covenant, stipulation, obligation or agreement herein contained, or contained in the 4;-
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Series 1982 Bonds, the Agreement, the Indenture, the Bond Purchase Agreement or in
rr,
any certificate or other instrument to be executed in connection with the issuance of
the Series 1982 Bonds, shall be deemed to be a representation, statement, covenant,
stipulation, obligation or agreement of any member, commissioner, officer, employee
or agent of the Issuer in his individual capacity, and none of the foregoing persons nor
any officer of the Issuer executing the Series 1982 Bonds, the Agreement, the
indenture, the Bond Purchase Agreement or any certificate or other instrument to be
executed in connection with the issuance of the Series 1982 Bonds, shall be liable r=
personally thereon or be subject to any personal liability or accountability by reason of -Al
;
the execution or delivery thereof. q,?4
Section 11. NO THIRD PARTY BENEFICIARIES. Except as otherwise .r.
expressly provided herein or in the Series 1982 Bonds, the Agreement, the Indenture or
the Bond Purchase Agreement, nothing in this Ordinance, or in the Series 1982 Bonds,
the Agreement, the Indenture or the Bond Purchase Agreement, express or implied is
intended or shall be construed to confer upon any person, firm, corporation or other
organization, other than the Issuer, the Company, the Trustee and the Purchaser (and
subsequent holders from time to time of the Series 1982 Bonds) any right, remedy or
claim, legal or equitable, under and by reason of this Ordinance or any provision
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hereof, or of the Series 1982 Bonds, the Agreement, the Indenture or the Bond .;
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Purchase Agreement, all provisions hereof and thereof being intended to be and being
for the sole and exclusive benefit of the Issuer, the Company, the Trustee and the x,
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Purchaser (and subsequent holders from time to time of the Series 1982 Bonds). d;
Section 12. PREREQUISITES PERFORMED. All acts, conditions and ErY=
things relating to the passage of this Ordinance required by the Constitution or other
laws of the State of Florida (including, particularly the Act and Chapter 218, Part 111,
Florida Statutes) to haPPens exist and be performed precedent to the passage hereof,
r}r.?:
-8-
Ord #2556-81 11/19181 ;t,;Y'
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have happened and have been performed in due time, form and manner as required by
law.
Section 13. GENERAL AUTHORITY. The City Commissioners, officials,
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attorneys, engineers or other agents and employees of the Issuer are hereby authorized
to do all acts and things required of them by this Ordinance, the Series 1982 Bonds, the
Agreement and the Indenture and to do all acts and things which are desirable and
consistent with the requirements hereof or of the Series 1982 Bonds, the Agreement
and the Indenture, for the full, punctual and complete performance of all of the terms,
covenants and agreements contained herein or in the Series 1982 Bonds, the
Agreement and the Indenture.
Section 14. AUTHORIZATION OF EXECUTION OF ISSUER'S
ARBITRAGE CERTIFICATE AND ELECTION UNDER SECTION 103(b)(6)(D) OF THE
INTERNAL REVENUE CODE. The Issuer hereby authorizes and directs the Mayor-
Commissioner and City Manager and the City Clerk of the Issuer, being the persons
hereby charged with the responsibility for issuing the Series 1982 Bonds, either alone
or jointly, (1) to execute and deliver to the Purchaser, the Company and the Trustee,
the certification required by Sections 1.103-13, 1.103-14 and 1.103-15 of the Income
Tax Regulations (relating to "arbitrage") promulgated under Section 103(c) of the
Code, and (2) to execute and file with the Internal Revenue Service the election
required by Section 103(b)(6)(D) of the Internal Revenue Code, as amended; such
certification and election, when executed and delivered as authorized herein, shall be
deemed to be a part of this Ordinance as fully and to the same extent as if
incorporated verbatim herein; such certification may be relied upon as the
certification of the Issuer.
Section 15. AUTHORIZATION OF EXECUTION OF OTHER
CERTIFICATES AND OTHER INSTRUMENTS. The Mayor-Commissioner and City
Manager and the City Clerk of the Issuer are hereby authorized and directed, either
alone or jointly, under the official seal of the Issuer, to execute and deliver
certificates of the Issuer certifying such facts as Mahoney, Hadlow & Adams,
Professional Association, as bond counsel, shall require in connection with the
issuance, sale and delivery of the Series 1982 Bonds and to execute and deliver such
other instruments, including but not limited to, deeds, assignments, bills of sale and
financing statements, as shall be necessary or desirable to perform the Issuer's
obligations under the Agreement and the Indenture and consummate the transaction
hereby authorized.
-9-
.1 V
;.R-_? Ord #2556-81 11
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Section 16. THIS ORDINANCE CONSTITUTES A CONTRACT. The
Issuer covenants and agrees that this Ordinance shall constitute a contract between
the Issuer and the Purchaser, and all other holders from time to time of any of the
Series 1982 Bonds, outstanding from time to time under the Indenture, and that all
covenants and agreements set forth herein and in such Series 1982 Bands, the
Agreement and the Indenture to be performed by the Issuer shall be for the equal and
ratable benefit and security of the Purchaser and all other holders from time to time
of such Series 1982 Bonds and any additional parity bonds issued under the Indenture,
without privilege, priority or distinction as to lien or otherwise of any of the Bonds
over any other of the Bonds.
The obligation of the City of Clearwater to proceed with the bond issue
contemplated by this Ordinance and the obligation to execute the necessary documents
forming part of the bond issue is conditioned upon Owner being able to achieve the
assumptions contained in all attachments to a letter dated October 26, 1982 from
Bethamy Gardens, Ltd. to Mayor Charles LeCher and the Members of the Clearwater
City Commission. In the event of any dispute relating to whether or not any assump-
tion has been achieved or whether or not any assumption is a material factor in the
issuance of the bonds, then, the decision by the City of Clearwater shall be binding on
all parties and shall not be subject to review.
Section 17. NOTICE OF SALE AND INFORMATION STATEMENT. The
Issuer hereby approves and authorizes the execution and filing with the Division of
Bond Finance, Department of General Services of the State of Florida, of a notice of
sale of the Series 1982 Bonds, and the filing with such Division and with the Clerk of
the Circuit Court for Pinellas County, Florida, within 120 days after the issuance of
the Series 1982 Bonds, of an information statement, in each case sufficient to comply
with the provisions of subparagraphs (a) and (b) I of Section 218.38, Florida Statutes, as
amended.
Section 18. PUBLICATION OF CERTAIN FINDINGS; CERTIFICATION.
The Issuer hereby approves and authorizes the publication of a statement of the
findings set forth in paragraph N of Section 3 hereof, and the submission to the
Governor of the State of Florida of a certification that the Issuer has conducted a
public hearing regarding the issuance of the Series 1982 Bonds before approving such
issue, and that the Issuer has made and published a statement of the findings set forth
in paragraph N of Section 3 hereof.
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Ord 42556-81
11/19/81
1
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s
Section 19. SEVERABILITY OF INVALID PROVISIONS. If any one or
more of the covenants, agreements or provisions herein contained shall be held
contrary to any express'provisions of law or contrary to the policy of express law,
though not expressly prohibited, or against public policy, or shall for any reason
whatsoever be held invalid, then such covenants, agreements or provisions shall be null
and void and shall be deemed separable from the remaining covenants, agreements or
provisions, and shall in no way affect the validity of any of the other provisions hereof
or of the Series 1982 Bonds issued pursuant hereto.
Section 20. REPEALING CLAUSE. All resolutions or ordinances or part
thereof in conflict with the provisions herein contained are, to the extent of such
conflict, hereby superseded and repealed.
Section 21. Notice of the proposed enactment of this Ordinance has been
property advertised in a newspaper of general circulation in accordance with Section
166.041, Florida Statutes.
Section 22. EFFECTIVE DATE. This Ordinance shall take effect
Immediately upon its passage.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
AS AMENDED
Attest:
.
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c.'2Gc..-. L City Clerk
Ord #2556-81
November 5, 1981
November 19, 1981
ayor-Commissioner
11/19/81
CLEARWATER SUN
pablidibea tinily
Vrarwatrr, Pinellas C,nunl r. Floridn
STATE OF FLORIDA
COUNTY OF PINELLAS:
Before the undersigned authority personally appeared Mary Ann Morrnrelll, who on oath pays that
she Is the Classified Sales Manager of the Clearwater Sun, is daily newspaper published at Orarwatrr In
Pinellas County, Flaridat that the attached copy of advertisement. bring a ........................
Public NotiCe .... ........................................... Inthematirrof
ordinance No. 2556 01
.................................................................................
In the ........... X.X XX ......................................... [ curt, was published In
sold newspaper In the iaues of ... N P.Y 44VLb A %% . 5, s ....9 A 1 ........................... .
Affiant further says that the sold Clearwater Sun is n newspaper published at Clearwater, in said
Pinellas County, Florida, and that the raid newspaper has heretofore dean runtinunualy published in said
Pinellas County, Florida. each day and has been entered as second class malt matter at the post office In
Clearwater, in said Pinellas County, Florida, for a period of one year next preceding thr first pufiltration
of the altaehed copy of advertisement; and affiant further says that she has net her paid nor promised
any person, firm or corporation any diseount, re [sate, commission or refund for the purpose of securing
02 advertlament for publication In the said newspaper.
.. ......... K-L
Sworn to and subscribed before me RECEIVED
this .,,r-+,' th............da af..Nove>V ....... A.u.rg81
r
.r kf.?..!..??- ........ Nov is J9e1
(SFr' Natary Public
N01ARY fU`M, Sl,'-1E Cl ILC , SDA Ll,%c F
LV..U.U CS-309 Cr i CLERK
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