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O94-04ORDINANCE 094-~ AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ARTICLE XVIII. SECTION A.1 AND A.2., POLICY FOR ACCEPTING LETTERS OF CREDIT, BY CLARIFYING THE EXPIRATION DATE AND SETTING FORTH REVISED RATING QUALIFICATIONS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida adopted previous Ordinance No. 91-83 on December 17, 1991 establishing a Policy for Accepting Letters of Credit; and WHEREAS, the City Commission of the City of Boynton Beach, Florida recognizes that certain standards and pre-requisites for accepting Letters of Credit will serve to protect the City's best interests and avoid adverse liability of the City; and WHEREAS, the City Commission of the City of Boynton Beach, Florida wishes to revise the aforementioned policy; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. That Article XVlll. Policy for Accepting Letters of Credit is hereby amended by adding the words and figures in underlined type and by deleting the words and figures in struck-through type, as follows: A. This policy delineates specific criteria and prerequisites for accepting letters of credit by the city in conjunction with developer agreements, contracts, development related improvements, and any other contractual obligations. 1. The face of the letter of credit must indicate the following: a. The letter of credit ... b. A statcmcnt tkat tko icttcr cf thc city ccm~.ission. The expiration date of the letter of credit shall be at least three (3) months after the completion date for construction of required improvements pursuant to the initial contract or any subsequent extension thereof. 2. At the time of issuance of the letter of credit, and at all times subsequent thereto and so long as the letter of credit is enforceable, the issuing financial institution must have a A or B minimum "~ .... group" rating ~v~ ~fty (50) in the latest ~Weiss Research Quarterly Listing or a minimum rating of one hundred twenty-five (125) in the latest IDC Bank Financial Quarterly Listing. The City Finance Department shall be responsible for periodically verifying this information. Section 2. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 3. Should any section or provision of this ordinance or portion hereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 4. ordinance. Authority is hereby granted to codify said Section 5. immediately upon passage. This ordinance shall become effective FIRST READING this SECOND, FINAL READING AND March, 1994. day of February, 1994. PASSAGE this / day of ~ITY O~ ~N~N BEACH, FLORIDA Commissi ~r ATTEST: Ci~ Clerk (Corporate Seal) Rev.Letter/Credit Policy Rev.2/9/94