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84-XXX84-X× A RESOLUTION AMENDING RESOLUTION NO. 84-TIT, ADOPTED BY THE CITY OOUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA ON SEPTEMBER 5, 1984 AUTHORIZING THE ISSUANCE OF NOT EXCRRDING $4,000,000 RECREATIONAL FACILITIES REVSINI/E BONDS TO MAKE CERTAIN TECHNICAL CO--IONS ASSOCIATED WITH THE REQUI~ ~HAT ALL BONDS BE IN R~GISTERED FORM; TO CLARIFf ~ FUNDING AND RESTORATION REQUIREMENTS FOR THE RESERVE ACCOUNT; TO ADD REPEREN~ TO THE PLEDGE OF DESIGNATED REVENUES; AND PROVIDING ~':: EFFECTIVE DATE. FLORIDA: BE IT RESOLVED BY THE CITY O0UNCIL OF THE CITY OF BOYNTON BEACH, Section 1. Resolution No. 84-TTT, adopted by the City Council of the City of Boynton Beach, Florida on September 5, 1984 is hereby amended as follows: (a) In Section 101 change the reference in the definition of "Cost" frc~ "Section 404" to "Article IV". (b) In Section 101 delete the definition of "Reserve Account Deposit Requirement" and insert a new definition to read as follows: "'Reserve Account Deposit Requirement' shall mean in each of the forty-eighth successive months beginning with the month following the month in which the Bonds are issued under Section 207 of this Resolution an amount equal to One-forty-eighth (1/48) of Reserve Account Requirement and shall mean in each of the twelve successive months beginning with the month following any month in which any amount shall have been withdrawn frc~ the Reserve Account an amount equal to one-twelfth (1/12) of the deficiency created by such withdrawal until such deficiency is made up." (c) In the sixth line of the last paragraph of Section 206 insert "and" between "City" and "the Bond Registrar." (d) In Section 504 delete subparagraph (d) in the third paragraph and insert a new subparagraph (d) as follows: "(d) beginning in the month following the month in which Bonds are issued under Section 407 of this Resolution and in each of the succeeding forty-seven months an amount in each such month equal to one- forty-eighth (1/48) of the Reserve Account require- ment and beginning in the month following any month in which moneys are withdrawn frem the Reserve Account, an amount equal to one-twelfth (1/12th) of the amount so withdrawn until the amount on deposit therein is equal to the Reserve Account Requirement;" follows: (e) Delete Section 513 and insert a new Section 513 to read as "Section 513. Cancellation of Bonds. All Bonds paid, redeemed or purchased, either at or before maturity, appertaining thereto, shall be cancelled upon the payment, redemption or purchase of such Bonds and shall be delivered to the Fiscal Agent when such payment, redemption or purchase is made. All Bonds cancelled under any of the provisions of this Resolution shall be destroyed ~t the Fiscal Agent, which shall execute a certificate in duplicat~ describing the Bonds so destroyed, and one executed certificate shall be filed with the City Clerk and the other executed certificate shall be retained by the Fiscal Agent." (f) In Section 701 delete the phrase "and in the coupons, if any, appertaining thereto". follows: (g) Delete Section 708 and insert a new Section 708 to read as Section 708. Records, Accounts ~n~ ~3~its. The City covenants that it will keep the funds, accounts, moneys and investments relating to the Project ~eparate frc~ all other funds, accounts, moneys and investments of the City or any of its departments, and that it will keep accurate records and accounts of all items of costs and of all expenditures relating to the Project and of the Gross Revenues collected and the application of such Gross Revenues. Such records and accounts shall be open to the inspection of all interested persons. The City further covenants that within six months after the close of each Fiscal Year it will cause an audit to be ccmpleted of its books and accounts per- taining to the Project by the Accountant. Reports of each such audit shall be filed with the City Council, the City Manager and the Fiscal Agent, and copies of such report shall be mailed to anyBondholderwho shall have filed his name and address with the City Clerk for such purpose. Each such audit report shall set forth in respect of said Fiscal Year the same matters as are hereinabove required for the quarterly reports and shall include a comparison with the Annual Budget for said Fiscal Year. The Accountant, in such audit report, shall state that an examination of the financial statements present fairly the finan- cial position of the Project and the results of their operations and changes in its financial position for the period covered ~t such audit report in conformity with generally accepted accounting principles applied on a consistent basis. If applicable, such audit report shall state (i) any violation of bond cove- nants existing at year end, and (ii) if at any time during the Fiscal Year under audit an event of default [as defined in Section 802(a) through (e) inclusive] occurred and if so, the nature of the default. The City further covenants that it will cause any additional reports or audits relating to the Project to be made as requiredby law or by any applicable rules or regulations of any governmental authority having jurisdiction in the premises. The cost of such audits shall be treated as apart of the cost of operation. For the purposes of this Resolution each fund created hereunder shall be a series of accounts within the book of accounts of the City and shall connote a segregation of accounts, which will support special purpose disclosure reports, not to be construed as a separate set of books of accounts. (h) In Paragraph (c)(1) of Section 710 change reference from "'Consulting Architects" to ,'Project Consultant". (i) In Section 805 delete the last sentence and insert a new last sentence to read as follows: "The Fiscal Agent shall give such notice as it may deem appropriate of the fixing of any such date, and shall not be required to make payment to the holder of any Bond until such Bond shall be surrendered to it for appropriate endorsement." (j) In Section 810 delete the phrase "and the appurtenant coupons, if any,". (c) (k) Delete clause (c) of Section 1002 and insert a new clause to read as follows: "(c) the creation of a lien upon or a pledge of Gross Revenues or (except for indebtedness incurred under Section 514 hereof) Designated Revenues other t~han the lien and pledge created by this Resolution," (1) In the twelfth and twenty-eighth lines of Section 1101 delete the words "and coupons". (m) In the third, sixth and seventh lines of Section 1211 delete the respective words "or coupons", "or coupons" and "and coupons". Section 2. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED this ~ ~ day of October, 1984. CITY OF BOY~NTON BEAcH, FLORIDA M~yor Vice Mayor Council Member ATTEST: C£ty C~ v - (Corporate Seal) Council Member