HomeMy WebLinkAboutResolution 689 Expansion Utility Functions
RESOLUTION NO. 689
A RESOLUTION OF THE CITY OF WINTER SPRINGS, FLORIDA
AUTHORIZING AND APPROVING THE EXPANSION OF THE UTILITY
FUNCTIONS OF THE CITY'S EXISTING WATER AND SEWER SYSTEMS
OF THE CITY BY MERGING THE TWO SYSTEMS INTO ONE SYSTEM;
AND PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED by the City Commission of the City of Winter
Springs, Florida as follows:
WHEREAS, the City of Winter Springs, Florida (the "City") in
1990 issued its Water and Sewer Revenue Bonds, Series 1990 pursuant
to Resolution No. 638 of the City adopted by the City Commission of
the City on April 23, 1990 for the purpose of acquiring an existing
water and sewer system owned by Seminole Utility Co. (the "Seminole
System"); and
WHEREAS, the City in addition to owning the Seminole System
owns other properties and assets, real and personal, tangible and
intangible, used or useful for the collection, transmission,
treatment, and disposal of sewage and for the supply, storage,
treatment, transmission and distribution of water (the "City
System"); and
WHEREAS, the City pursuant to its Resolution No. 665 adopted
April 29, 1991 as supplemented defined the City System as the
properties and assets, real and personal, tangible and intangible,
owned or operated by the City, other than those properties and
assets constituting the System as such term is defined in Resolu-
tion No. 638 of the City adopted by the City commission of the City
on April 23, 1990, used or useful for the collection, transmission,
treatment, and disposal of sewage, and for the supply, storage,
treatment, transmission and distribution of water, and all
properties and assets hereafter constructed or acquired as
additions, improvements, betterments or replacements thereto and
extensions thereof and provided for the issuance of its Water and
Sewer Refunding Revenue Bonds, Series 1991 to refinance certain
debt of the City relating to the City System; and
WHEREAS, section 26 of said Resolution No. 638 and Section 26
of said Resolution No. 665 permit the City to expand the utility
functions of the Seminole System and the City System subject to the
City adopting a resolution in accordance with the provisions set
said sections 26; and
WHEREAS, this resolution is being adopted in accordance with
the provisions of said sections 26 and is amendatory of said
Resolutions No. 638 and No. 665; and
WHEREAS, the City has determined it to be in the best interest
of the City to expand the utility functions of the City System and
the Seminole System by merging those two systems;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA AS FOLLOWS:
SECTION 1. Findings. (a) The City has reviewed the
certificates of its engineer and financial advisor attached as
exhibits to this Resolution (collectively, the "Certificates").
(b) Based on the City's review of the certificates and such
other information as the City has deemed necessary, desirable or
appropriate, the City hereby determines that the expansion of the
utility functions of the Seminole System and the City System by
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merging those two systems will (a) not impair the ability of the
City to comply with the provisions of either Resolution No. 638, as
supplemented or the provisions of Resolution No. 665, as supple-
mented, and (b) will not materially adversely affect the rights of
the Holders of the City's outstanding Water and Sewer Revenue
Bonds, Series 1990 or the City's outstanding Water and Sewer
Refunding Revenue Bonds, Series 1991.
SECTION 2.
Effective Date. This Resolution shall become
effective immediately upon its adoption.
PASSED AND ADOPTED By the City Commission of the City of
winter Springs, Florida this 28th day of September, 1992.
(SEAL)
Mayor
Attest:
Mary T. Norton
City Clerk
Approved as to form and legal
sufficiency
City Attorney
(SEAL)
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ATTEST:
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APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
City Attorney
35402.RES
~/28/92
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WEST PALM BEACH, FLORIDA
TAMPA, FLORIDA
LOS ANGELES, CALIFORNIA
LAW OFFICES
HONIGMAN MILLER SCHWARTZ AND COHN
390 NORTH ORANGE AVENUE
SUITE 1300
ORLANDO, FLORIDA 32801-2448
TELEPHONE (4071 648.0300
TELECOPIER (407) 648.1155
DETROIT, MICHIGAN
LANSING, MICHIGAN
HOUSTON, TEXAS
September 28, 1992
City Commission
City of Winter Springs
1126 East State Road 434
winter Springs, Florida 32708
Ladies and Gentlemen:
On the date hereof, you are considering the adoption of a
resolution, a copy of which is attached hereto, entitled, "A
Resolution of the City of Winter Springs, Florida, Authorizing and
Approving the Expansion of The utility Functions of the City's
Existing Water and Sewer Systems of the City by Merging The Two
Systems Into One System; and providing an Effective Date" (the
"Consolidating Resolution"). The Consolidating Resolution is
amendatory of Resolution No. 638 adopted by you on April 23, 1990
and Resolution No. 665 adopted by you on April 29, 1991
(collectively the "Resolutions"). The opinion set forth below is
being rendered pursuant to Section 22 of each of the Resolutions
which require this opinion as a condition to adoption of the
Consolidating Resolution.
In connection with rendering the opinion set forth below, we
have reviewed the Consolidating Resolution, the Resolution, and
such other documents and instruments as we have deemed necessary or
appropriate.
Based upon the forgoing, we are of the opinion that: the
adoption of the Consolidating Resolution is permitted by section 22
of each of the Resolutions in that the Consolidating Resolution
provides for the combination of each respective System (as defined
in each of the Resolutions) with any other utility in accordance
with the conditions set forth in Section 26 of each of the
Resolutions.
In rendering our opinion, we have relied upon the certificates
of the City's Consulting Engineer and Financial Advisor attached as
exhibits to the Consolidating Resolution.
Our opinion is limited to the opinion expressly stated in this
letter. No other opinion may be inferred from the opinion stated
in this letter. The opinion stated in this letter is given only as
of the date of this letter, and we undertake no responsibility to
advise you of changes in law or interpretations of law or facts
that come to our attention after that time.
City Commission
September 28, 1992
Page Two
This opinion letter may be relied upon by you only and only in
connection with your consideration of the Consolidating Resolution
and may not be used or relied upon by any other person for any
purpose whatsoever without our prior written consent.
Very truly yours,
Honigman Miller Schwartz and Cohn
MDW/BMT/rsn
35402 . lib