HomeMy WebLinkAboutResolution 694 Utility Functions
RESOLUTION NO. 694
A RESOLUTION OF THE CITY OF WINTER SPRINGS, FLORIDA
CLARIFYING RESOLUTION NO. 689 OF THE CITY WHICH RESOLU-
TION APPROVED 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.
WHEREAS, the City of winter Springs, Florida (the "City" or
the "Issuer") 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 pursuant to its Resolution No. 665 adopted
April 29, 1991 as supplemented, refinanced certain debt relating to
the city's properties and assets, real and personal, tangible and
intangible, owned or operated by the City, other than those
properties and assets consti tuting the System as such term is
defined in Resolution 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 (the "City System"); and
WHEREAS, pursuant to section 26 and Section 22(H) of said
Resolution No. 638 and section 26 and section 22 (H) of said
Resolution No. 665 the City adopted on September 28, 1992 Resolu-
tion No. 689 amending Resolutions No. 638 and No. 665 by expanding
the utility functions of the city System and the Seminole System by
merging those two systems; and
WHEREAS, the City now desires to clarify said Resolution No.
689 by providing that in adopting Resolution No. 689 the City
intended that the "System" as defined in said Resolution No. 638
and No. 665 was amended to mean "all properties and assets, real
and personal, tangible and intangible, owned or operated by the
Issuer which properties and assets include those properties and
assets described as the Seminole System and the City System in the
resolution of the Issuer adopted September 28, 1992 merging the
City System and the Seminole System, 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
WHEREAS, the City in said Resolution No. 689 found that based
on the certificates attached to said Resolution and such other
information as the City deemed necessary, desirable or appropriate
that the expansion of the utilities functions of the Seminole
System and the City System by merging those two systems did not
adversely affect the rights of the Holders of the City's Water and
Sewer Revenue Bonds, Series 1990 or the City's Water and Sewer
Refunding Revenue Bonds, Series 1991.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA AS FOLLOWS:
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SECTION 1.
The "System" as defined in the Resolution No.
638 and Resolution No. 665 referred to above is amended to mean
"all properties and assets, real and personal, tangible and
intangible, owned or operated by the Issuer which properties and
assets include those properties and assets described as the
Seminole System and the City System in the resolution of the Issuer
adopted September 28, 1992 merging the city System and the Seminole
System, 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, improve-
ments, betterments or replacements thereto and extensions thereof".
SECTION 2.
Effective Date. This Resolution shall become
effective immediately upon its adoption.
PASSED AND ADOPTED By the city commission of the City
winter Springs, Florida this 26th day r~to~, 1992.
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Mayor
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Clerk
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APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
city Attorney
35402A.RES
10/14/92
3
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
October 28, 1992
Attorney Mike Williams
Honigman Miller Schwarz & Cohn
390 N. Orange Ave., Suite 1300
Orlando, FL 32801
Attn: Jeanie
Dear Attorney Williams:
Enclosed please find certified copy of Resolution No. 694, clarifying
Resolution No. 689, etc. from the City of Winter Springs, as per your
request.
Yours truly,
CITY OF WINTER SPRINGS
Mary T. Norton,
City Clerk
Enc.
CITY OF WINTER SPRINGS. FLORIDA
1126 STATE ROAD 434
WINTER SPRINGS. FLORIDA 32708
Telephone (407) 327.1800
C E R T I F I CAT ION
STATE OF FLORIDA
COUNTY OF SEMINOLE
CITY OF WINTER SPRINGS
I, Mary T. Norton, City Clerk of the City of Winter Springs,
Florida, do hereby certify that the attached copy of Resolution No. 694
is a true and correct copy of the document as it appears on file in my
office.
Given under my hand and the corporate seal of the City of
Winter Springs, Florida, affixed this 28th day of October, 1992.
MARY T. NORTON, CITY CLERK
CITY SEAL
MICHAEL D. WILLIAMS
LAW OFFICES
HONIGMAN MILLER SCHWARTZ AND COHN
390 NORTH ORANGE AVENUE
SUITE 1300
ORLANDO, F'LORIDA 32801-2448
TELEPHONE (407) 648-0300
TELECOPIER (407) 648-1155
WEST PALM BEACH, FLORIDA
TAMPA, FLORIDA
DETROIT, MICHIGAN
LANSING, MICHIGAN
HOUSTON, TEXAS
LOS ANGELES. CALIFORNIA
October 14, 1992
Mr. Harry Martin
Finance Director
City of winter Springs
1126 East State Road 434
winter Springs, FL 32708
Re: City of Winter Springs, Florida, Water and Sewer
Refunding Bonds, Series 1992
Dear Harry:
Enclosed please find a clean copy of the Resolution which we
discussed by telephone today. It is my understanding this will be
on the October 26th city Commission Agenda. Please ask Mary Norton
to provide our office a signed copy of the Resolution as soon as
possible following the meeting on the 26th.
Very truly yours,
Michael D. Williams
MDW/rsn
Enclosure