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Ordinance 86-773ORDINANCE N0. ~~a ANCE OF THE CITY COMMISSION OF T E CITY OF LONGWOOD, FLORIDA, AUTHORIZING THE CITY OF LONGWOOD T ISSUE ITS W E BONDS I THE AGGREGATE PRIIRiC IPALSAMOUNTEOFNO $3,000,000.00 WBICH BONDS ARE TO BC PURCHASED BY TIONAL ASSOClnaxoN, 52, s00,0oo a e PROCEEDS OFAWHICH B E USED FOR T E OF F ANCINGNT E CONSTRUCTION O PURPOS IN H F A NEW 6oo,ooB cnccoN P c wnmcA encI LITY A E CITY'S SKYLARK S PLANT AND UPTTO $500,000 O£' T PROCEEDS OFMWNZCH BONDS ARE T EE USED £OR THE P YMENT OF T CZTY'S E%IST ING INDEBTEDNESS TOEFR£EOOM SAVINGS NESS WAS INCURRED IN CONNECTION WITH IMPROVEMENTS TO THE A STORAGE FAC ILITIEBEA ANCES N0. 683 ANO 684 OF THEAC ITYRCOMMISSIONDIWHICH P MENT NAT IONALSASEOCIATIONRATFIASTVAND PRIORALIEN ON '~ E CITY'S WATER A D SEWER R AB SECURITY FOR THE BONDS; PROVIDING FORECONFLICTS, SEPARABILITY AND EFFECTIVE OATS. WHEREAS, the City of Longwood, Florida, has an immediate need to construct a new 600,000 gallon pet day waste watec facility at the site of the City's Skylark Waste Water Treatment Plant; and WBER£AS, these improvements have previously been authorized by the City; and WHEREAS, Sun Bank, National Association has negotiated with the City and agreed to purchase up to $3,000,000.00 in ~ aggregate principal amount of the City's water and sewer revenue bonds, repayable over a twelve (12) year period, together with interest thereon a[ a fixed rate equal t0 6.65$ per annum for the f i[st seven ~~~ years and [hereafter at a variable rate per annum equal to 65k of [he prime rate announced by Sun 9a nks, Inc., provided that while the bonds bear interest a[ the variable ra ee said [ate shall not be less than 5.25k nor greater than 9.0k per annum, and WHEREAS, up to $2,500,000 of the proceeds of said bonds ate to be used for the aEOtesaid improvements and up to $500,000 of the proceeds ace to be used to prepay the existing indebtedness of the City to Freedom Savings and Loan Assocration which indebtedness was rncurred to finance repairs and improvements [o the City's sewage treatment plants and for the const ructaon of a $J50, OO0 gallon ground water storage tank as such improvements and cons tructron were authorized by the City puesuant to Ordinances No. 683 and fi84; and prior lien on [he water and sewer revenues of the City as security for the bonds; and WHEREAS, Sect run 3.10 of the City's Cha rtex requires an ordinance authorizing the borrow.i ng of money; NOW, THEREFORE, BE IT ENACT'cD BY THE CITY COMMISSION OF THE CITY OF LONGWOOD, FLORIDA, AS FOLS,OWS: N l: The City Commrssron of the City of Longwood hereby declares that the improvements hereinbeEO[e mentroned are an rmmediate need to protect the public health safety and welfare of the residents of the City by preventing any public health hazard from occurring and will serve a valid public purpose. The City Commrss run further declares that i< would not be in the best in[ecests of [he City to delay the required improvements. SECTION 2: The Ci[y Commission hereby makes a determination that it rs xn [he best interest of the City to prepay that certarn sewage treatme t plant improvement note [n the original principal amounc of $100,000.00 dated May 20, 1985 and issued in favor of Freedom Savings and Loan Assocration and [hat cer[arn water system imp rovemen[ note rn the original principal amount of 5400,000.00 dated May 20, 1985 issued in favor of Freedom Savings and Loan Assocratron which prepayments are necessary in order Co provide Sun Bank, National Assocration a prior and first lien on [he CitY's water and sewer revenues to secuce the water and sewer revenue bonds to be issued. SECTION 3: The City Commission hereby makes a /~ dete[mination that it is vn the best interests of the City, and to avoid further delay, chat the aforesaid bonds be issued and sold on a negotiated basis to Sun Bank, Nat tonal A~soccatton a[ and that the aforesaid improvement notes be prepaid ai [he time the aforesaid bonds are vssued and sold. SECTION 4: The City Commission hereby authorizes the Mayo[ to execute any and all documents on behalf of trte City deemed necessary and propec in order co ass ue artd sell the aforesaid bonds, including, but not limited to, the prepayme n[ of the aforesaid improvement notes and a pledge of all or a portion of the revenues from the City's water and sewe[ facilities as security for the repayment of the said bonds. The terms and conditions of such documents and pledge to be as provided in a [esol ut ion of the Cvty Commission to be approved prior to tssuance of the bonds. SECTION 5: All ordinances or pa[cs of ordinances in conflict herewath are hereby cancelled, annulled, and of no further force and effect. SECTION 6: If any section of portion of a sect ton of this 0[di nonce proves to be invalid, unlawful, or uncons[atutional, [t shall not be held co invalidate o[ impair the validity, force or _ effect of any other section of this Ordinance. SECTION ]: This Ordinance shall become effective vmmediately upon is passage and adoption. elasT aenDlNC: CJum ,.L `'!, /9~(0 SECOND aEADixc:~~,ns..G/d, ~9PG PASSED AND ADOPTED THIS /~S DAY OF ~, A.D. 1986 0 ~- aycr, y of congwoo or[da ATTEST: r ~ APPEOVF.DA 'TO,i"JFM nNOtEC.\lnY Cvty Cle[k O.y of LO ooA .an: i ~ AnTMAE~C o y