HomeMy WebLinkAboutR-94-0073J-94-93 _
2/4/94
` 94- 73
5S
RESOLUTION NO.
k}, A RESOLUTION AUTHORIZING THE REPLACEMENT OF
' CERTAIN CITY OF MIAMI, FLORIDA FIRE FIGHTING
- AND FIRE PREVENTION & RESCUE FACILITIES
F GENERAL OBLIGATION BONDS,DUE MAY 1, 1995, IN
THE PRINCIPAL AMOUNT OF ONE HUNDRED THOUSAND
DOLLARS ($100,000.00) WITH ATTACHED COUPONS
U DATED NOVEMBER 1, 1993, AND SUBSEQUENT DATES
TO SUBSTITUTE LOST BONDS AND COUPONS
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI
FLORIDA:
SECTION 1. The Commission of the City of Miami, Florida
(the "City Commission") hereby finds and determines that:
(a) The City Commission has received and caused to be
examined 'an affidavit sworn and subscribed to before a notary
public on November 2, 1993, by M. Myracle for A. G. Edwards &
Sons that (i) A. G. Edwards & Sons is the lawful owner, or has a
proprietary interest in the One Hundred Thousand Dollars
($100,000.00) principal amount of City of Miami, Florida Fire
Fighting and Fire Prevention & Rescue Facilities General
Obligation Bonds, due May 1, 1995, bearing 8.30% interest,
Certificate Nos. 469 thru 487, 844 and coupons dated November 1,
1993 and subsequent dates; (ii) the original bonds and coupons
dated November 1, 1993 and subsequent dates have been lost,
stolen or destroyed; (iii) said A. G. Edwards & Sons has no
Y ,M1
t
t
i kt
other knowledge or information as to the whereabouts of the `
original bonds and coupons dated November 11 1993 and subsequent
dates (iv) the original bonds and coupons dated November 1, 1993
and subsequent dates have not been sold, assigned, endorsed,
transferred or deposited under any agreement, hypothecated,
i
pawned or pledged, or in any other manner disposed of by or on
i
behalf of A. G. Edwards & Sons; (v) the affidavit is made for the
purpose of inducing the City of Miami, Florida (the "CITY"), to
issue new or duplicate bonds and coupons dated November 1, 1993,
and subsequent dates in lieu of the lost bonds and coupons dated
November 1, 1993, and subsequent dates and to hold the City of
Miami', Florida and its successors and assigns harmless against
any loss or damage sustained by reason of the issue of such new
or duplicate bonds and coupons dated November 1, 1993, and
subsequent dates or the refusal to make transfer of the original
lost bonds and coupons dated November 1, 1993, and subsequent
dates.
(b) The City Commission has received and caused to be
examined one counterpart of an Indemnity Bond, (hereinafter
called the "Indemnity Bond"), executed November 1, 1993 by the
General Insurance Company of America of Seattle, Washington
pursuant to which the General Insurance Company of America of
Seattle, Washington is firmly bound unto the City of Miami, its
successors, and any other parties vested with powers or duties
respecting the original bonds and coupons, or the duplicate bonds
and coupons dated November 1, 1993, and subsequent dates
-2-
94- 73
r
k a
t
(herein and in the Indemnity Bond called the "Obligees") in an
y
aggregate amount sufficient to indemnify the Obligees in
connection with the issuance of the duplicate bonds and coupons
dated ,November 1, 1993, and subsequent dates which shall remain
in full force and effect until the original bonds and coupons
dated November 1, 1993, and subsequent dates are returned to the
E
City and are cancelled.
section 2. For the purpose of providing bonds in
substitution for the original bonds and coupons dated November 1,'
1993, and subsequent dates under the authority of the Charter of
the City of Miami, Chapter 10847, Special Laws of Florida, 1925,
as amended, there shall be issued duplicate bonds and coupons
dated November 1, 1993, and subsequent dates of the City of
Miami, Florida similar to the original bonds and coupons dated
November 1, 1993, and subsequent dates to the fullest extent
feasible, in the principal amount of One Hundred Thousand Dollars
($100,000.00), consisting of Certificate Numbers 469 thru 487 and
844, designated "City of Miami, Florida Fire Fighting and Fire
Prevention & Rescue Facilities General Obligation Bonds, bearing
interest at the rate of 8.30% per annum, payable semiannually in
each year and stated to mature on May 1, 1995, and coupons dated'
November 1, 1993, and subsequent dates.
The duplicate bonds and coupons dated November 1, 1993, and
subsequent dates shall be deemed to vest in the holder the same
-rights, privileges, benefits and immunities and to be subject to
the same limitations, requirements and conditions, as the
_3_
t
94- '73
Original Bonds and coupons dated November 1, 1993, and subsequent
dates.
't
Section 3. The Chemical Bank, in the Borough of Manhattan,
City and State of New York, is authorized and directed herewith
to cause the duplicate bonds and coupons dated November 1, 1993,
and subsequent dates to be printed and delivered to the City
Commission for execution, pursuant to the provisions of Ordinance
'
No. 9129, adopted July 10, 1980 and subsequent resolution(s)
authorizing the issuance of the original bonds and coupons dated
November 1, 1993, and subsequent dates by the manual signature of
:rf
the City Clerk, the facsimile signature of the Mayor, and the
facsimile seal of the City.
Upon satisfying himself that said Affidavit and Indemnity
Bond are in proper form and have been duly executed and delivered
and that the duplicate bonds and coupons dated November 1, 1993,
and subsequent dates are in proper form and have been duly
executed, the Director of Finance shall cause the duplicate bonds
and coupons dated November 1, 1993, and subsequent dates (with'
counterparts of the Indemnity Bond and the Affidavit and a
certified copy of this Resolution) to be delivered to Chemical
Bank, for their delivery to said A. G. Edwards & Sons.
j
-
Section 4. Upon delivery of the duplicate bonds and coupons
dated November 1, 1993, and subsequent dates executed as herein
i.
provided, the original bonds and coupons dated November 1, 1993,
and subsequent dates shall be null and void and no longer an
obligation of the City of Miami, Florida. If the original bonds
-4- �4- 73
l
and coupons dated November 1, 1993, and subsequent dates shall be
found or otherwise come into the custody or possession of the
City or any Paying Agent of the City, the City shall cause the
original bonds and coupons dated November 1, 1993, and subsequent
dates to be canceled, shredded and destroyed, and shall cause a
signed certificate to such effect to be sent to the, Director of
Finance of the City, Chemical Bank, and the Paying Agents of the
City respecting such issue of Bond.
Section 5. All costs and expenses incurred by the City in
connection with the issuance of the duplicate bonds and coupons
f
Dated November 1, 1993, and subsequent dates shall be charged and
collected by the City from the owner of the original bonds and
=
coupons dated November 1, 1993, and subsequent dates.
Section 6. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 17th day of February, 1994.-r
x
S EP EN P. CLA ; MAYOR
94- 73
i CITY OF MIAMI, FLORIDA
INTER OFFICE MEMORANDUM
CA 22
Very truly yours,
TAMIUY Spyropoulos
������� SAFECO INSURANCE COMPANY OF AMERICA
GENERAL INSURANCE COMPANY OF AMERICA
INSURANCE ,COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERICA
HOME OFFICE: SAFECO PLAZA ,
SEATTLE* WASHINGTON 06185, t
Bond 5771278
OPEN PENALTY LOST SECURITIES UNDERTAKING
KNOW ALL BY THESE PRESENTS, That GENERAL INSURANCE COMPANY OF AMERICA, a corporation in-
corporated under the laws of the State Washington (hereinafter referred to as "Obligor") is held and firmly bound
unto CHEMICAL BANK & MIAMI CITY FLORIDA
individually andlor,,:as
rustees,; epositaries,, isca or,eying Agents, Registrars, Transfer Agents and/or in any other capacity, their respective
legal representatives, successors or assigns (hereinafter collectively called "Obligees"), in an aggregate sum, lawful money
of the United States, sufficient to indemnify. the Obligees under the conditions of this undertaking as hereinafter set forth,
but not exceeding the maximum for which Obligor may lawfully. obligate itself on the date.of this undertaking in respect
of any single risk' or otherwise :under any law governing the validity 'or performance of . this undertaking, said sum to .be
paid to, the,Obligees as their interest may ,appear, for which payment, well and truly to ,be made, ,the said Obligor binds
itself, its legalrepresentatives, successorsor assigns jointly andseverally, firmly by these presents.
WHEREAS, the Obligor, representsthat A. G. EDWARDS & SONS, INC.''
isthesoleownerof.LOST MIAMI CITY FLORIDA 8.3% DTD 5-1-83 FIRE FIGHTING & FIRE PREVENTION &
RESCUE: FACIL.I:TIES.,DUE 5-,1--95 CERT i1469/87,844 $5,000. BEARER FORM WITH CPN DUE 11-1-93 &.
SCA"
and that the same has (or have) been lost, mislaid, stolen, or destroyed, so that the same cannot be,found or produced and
WHEREAS, at the request of the Obligor and in reliance upon its representations and in consideration of the execution
and `delivery of this undertaking, the Obligees are about to deliver to A. G. EDWARDS & SONS, INC.
a new CERTIFICATE or to make
the payment, transfer, delivyry or exchange called or by the said ost, mislaid, stolen, or destroyed origi al(s) without
surrender thereof for cancellation:
NOW, THEREFORE, The condition of this obligation, is such that, if the Obligor shall at all times indemnify and keep
indemnified and save harmless the Obligees from and against any and all actions and suits, whether groundless or
otherwise, and from and against any and all losses, damages, costs, charges, counsel fees, payments, expenses and liabilities
whatsoever, which the Obligees at any t:mo shall or may sustain or incur: (1) by reason of said issue and delivery of such
now, certif icate(s); or (2) by reason of any claim which may be made in respect of the old certificate(s); or (3) by reason of
any, payment, transfer, exchange or other act which said Obligees may make`or do in respect of the old certificate(s),
whether made or done through accident, oversight, or neglect, or whether made or done upon presentation thereof
without contesting the propriety of such payment, transfer, exchange, or other act; or (4) by reason of any other matter
or thing arising out of the recognition of the aforesaid request of the Obligor, then this obligation shall be void; otherwise
shall remain in 1411 forceand of feet.
Signed, sealed and delivered this 3RD dayof NOVEMBE ,19 93
GENE LkAly,
O ANY OF A E CA
By
Pau ette ttorne -in- act
S-1625/EP 4/01Page 1 Of 2 PRINTED IN U.S.A.
EXECUTED 1N 3 PARTS
a.z ' 9 4~ 73
i
t
•,
.:1 tic i a� ,
Bond. 5771279
'
C
, ACKNOWLEDGMENT OF SURETY
STATE'OF NEW YORK_
ss
County of` New York
On,thrs '' 3rd day of November, 1993 , before me personally came
:-'Pau1et to A.''Kennedy..' ,tome known, who, being by me' 'duly '.
sworn, doposes and says: that he/she resides in. Nev York, .New .York 10038
;that
It she' .`is ' Attorney-in+act of GENERAL INSURANCE COMPANY ,OF, AMERICA,-- the `" corporation ..
described' in' ." and 'which executed the within instrument; - that he/she knows . the seal
of said corporation
that th'e seal affixed to said instrument is such corporate seal;: that it'. -,was so affixed .by
order of the Board"
of Directors of said corporation, and that he/she signed his/her name thereto by like
order; and that the' ,
liabilities,; of said, corporation do not exceed its assets as ascertained in the manner provided by law. .
ADA A: KAGAN
My Commission expires tdolary Public, St to of Nern York
,,i„ �e.��;^5�2
Ckiaiific;i in Kinrp (;aunty
tary u
Cornr,•isslon F3bruary 8, 1994
Undertaking for Securities Lost
or Destroyed
Of The
GENERAL INSURANCE COMPANY OF AMERICA
Home Office - Seattle, Washington
ON BEHALF OF ,
IN FAVOR OF
y
S-1625/EP 4/91 Page 2 of 2
PRINTED IN U.S.A.
>. �,
9 4 - 73
+ POWER r SAFECO INSURANCE COMPANY OF AMERICA` i
GENERAL INSURANCE COMPANY OF AMERICA
"ssw� OF ATTORNEY HOME OFFICE SAFECO PLAZA
'�MFEVV® SEATTLE. WASHINGTON 98185
No, 7508
KNOW ALL BY THESE PRESENTS:
That SAFECO _INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE 'COMPANY OF AMERICA, each a Was
.corporation, doeseach hereby appoint
- j
YNNNMNNNMNNNNNNYMNNNNMMNNMNNNNNNNNMPAULETTE A. KENNEDYNNNNNNNM,NNNNNNNNNNNN.NNNNNNNNNMNMNNNNNNNNN 1.
its "true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and Surety bonds or' undertakings and other
documents of a similar character issued in the course of its business, and to bind the respective company thereby. j.
IN:"WITNESS. WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each
executed 8nd,'attested these presents
this 4th day of January 19 93 `.
i
CERTIFICATE
Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA
"Article V, Section 13. FIDELITY' AND SURETY BONDS . the President. any Vice President, the Secretary, and any Assistant VICE
President appointed for that -purpose by the officer in charge of surety operations, shalt each have authority to appoint individuals 'a.
attorneys -in -fact or under other, appropriate titles with authority to execute on behalf of the company fidelity and stsrtty bonds anc
other documents ' of similar character, issued by the company in the course of its business .... On any instrument making or. evidencinc
such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertakinc
of the 'company,; the "seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced: provided; however
that the seal shall not be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28. 1970..
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) ` The provisions of Article V. Section 13 of the By -Laws, and
(If) . A copy of the power -of -attorney appointment, executed pursuant thereto, and
(fit) Certifying that said power- of -attorney appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
I,' R. A. Pierson. Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA
do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, an
of a Power of Attorneyissued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power o
Attorney are still in full.force and effect
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
this 3rd day of November 19 93
9 4 - 73
5.8741EP 1183 Registered trademark of SAFECO Corporetio
I