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HomeMy WebLinkAboutR-93-76 GDU BOND RESTATEMENTRESOLUTION NO. R-93-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SUPPLEMENTING ITS RESOLUTION NO. R-93-67 PERTAINING TO THE DEFINITION OF AUTHORIZED INVESTMENTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, Indian River County, Florida (the "City") has previously adopted its Resolution No. R-93-67 (the "Authorizing Resolution"), authorizing the issuance of the City's Utilities System Revenue Bonds, Series 1993 and providing for the security thereof; and WHEREAS, the city desires to supplement the Authorizing Resolution to provide some additional restrictions on repurchase agreements as investments under the Authorizing Resolution; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: SECTION 1. SUPPLEMENT TO "AUTHORIZED INVESTMENTS" DEFINITION. Paragraph (11) of the definition of "Authorized Investments" set forth in the Authorizing Resolution is hereby supplemented to include as additional subparagraphs (B) and (C) thereunder to provide as follows: "(B) The written repo contract must include the following: (i) Securities which are acceptable for transfer are: (a) Direct U.S. Governments, or (b) Federal agencies backed by the full faith and credit of the U.S. government (and FNMA & FHLMC); (ii) The term of the repo may be up to 30 days; (iii) The collateral must be delivered to the Issuer, trustee (if trustee is not supplying the collateral) or third party acting as agent for the trustee (if the trustee is supplying the collateral) before/ simultaneous with payment (perfection by possession of certificated securities); (iv) Valuation of Collateral (a) The securities must be valued weekly, market-to-market at current market price plus accrued interest. (1) The value of collateral must be equal to 104% of the amount of cash transferred by the municipal entity to the dealer bank or security firm under the repo plus accrued interest. If the value of securities held as collateral slips below 104% of the value of the cash transferred by municipality, then additional cash and/or acceptable securities must be transferred. If, however, the securities used as collateral are FNMA or FHLMC, then the value of collateral must equal 105%. (C) Legal opinion must be delivered to the Issuer: (i) Repo meets guidelines under state law for legal investment of public funds." SECTION 2. EFFECTIVE D~TE. This Restated Resolution shall take effect immediately upon its adoption. The foregpin~ Resolution was moved for adoption by Council Member ..... .~/~~ . The motion was seconded by Council Member ~L~_~ and, upon being put to a vote, the 'v0{e was as follows: Mayor Lonnie R. Powell Vice-Mayor Frank Oberbeck Council Member Carolyn Corum Council Member Norma J. Damp Council Member Robert Freeland The Mayor thereupon declared this Resolution duly passed and adopted on this /~ ATTEST: Kat~r~h' M. o'Halloran, CMC/AAE City ~lerk day of Dec,ember, ~,1993. ~6finie R.~~I, Mayor (SEAL) Approved/ to Form and Content: Charles Ian Nash, City Attorney