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RES 15-033 Awarding Sale of GO Bonds
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RES 15-033 Awarding Sale of GO Bonds
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7/29/2015 11:01:14 AM
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7/29/2015 10:56:07 AM
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City Council
Meeting Date
4/28/2015
Document Type
Council Resolutions
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the Registrar, whereupon DTC shall notify the Participants of the availability through DTC of <br />Bonds in the form of certificates. In such event, the Bonds will be transferable in accordance <br />with paragraph (d) hereof. DTC may determine to discontinue providing its services with <br />respect to the Bonds at any time by giving notice to the City and the Registrar and discharging its <br />responsibilities with respect thereto under applicable law. In such event the Bonds will be <br />transferable in accordance with paragraph (d) hereof. <br />(d) In the event that any transfer or exchange of Bonds is permitted under paragraph (b) <br />or (c) hereof, such transfer or exchange shall be accomplished upon receipt by the Registrar of <br />the Bonds to be transferred or exchanged and appropriate instruments of transfer to the permitted <br />transferee in accordance with the provisions of this resolution. In the event Bonds in the form of <br />certificates are issued to owners other than Cede & Co., its successor as nominee for DTC as <br />owner of all the Bonds, or another securities depository as owner of all the Bonds, the provisions <br />of this resolution shall also apply to all matters relating thereto, including, without limitation, the <br />printing of such Bonds in the form of bond certificates and the method of payment of principal of <br />and interest on such Bonds in the form of bond certificates. <br />Section 4. Security Provisions. <br />4.01. 2015A Improvement Construction Fund. There is hereby created a special <br />bookkeeping fund to be designated as the "2015A Improvement Construction Fund" (the <br />"Construction Fund"), to be held and administered by the Finance Director separate and apart <br />from all other funds of the City. The City appropriates to the Construction Fund (a) <br />$2,808,322.92 of the proceeds of the sale of the Bonds, and (b) all collections of special <br />assessments levied for the Improvements until completion and payment of all costs of the <br />Improvements. The Construction Fund shall be used solely to defray expenses of the <br />Improvements, including but not limited to the transfer to the Bond Fund, created in Section 4.02 <br />hereof, of amounts sufficient for the payment of interest and principal, if any, due upon the <br />Bonds prior to the completion and payment of all costs of the Improvements and the payment of <br />the expenses incurred by the City in connection with the issuance of the Bonds. Upon <br />completion and payment of all costs of the Improvements, any balance of the proceeds of Bonds <br />remaining in the Construction Fund may be used to pay the cost, in whole or in part, of any other <br />improvements instituted pursuant to the Act, as directed by the City Council, but any balance of <br />such proceeds not so used shall be credited and paid to the Bond Fund. <br />4.02. 2015A Improvement Bond Fund. So long as any of the Bonds are outstanding and <br />any principal of or interest thereon unpaid, the Finance Director shall maintain a separate and <br />special bookkeeping fund designated "2015A Improvement Bond Fund" (the "Bond Fund") to be <br />used for no purpose other than the payment of the principal of and interest on the Bonds and on <br />such other improvement bonds of the City as have been or may be directed to be paid therefrom. <br />The City irrevocably appropriates to the Bond Fund (a) all amounts in excess of $2,642,900.00 <br />received from the Purchaser, plus capitalized interest in the amount of $41,658.75, (b) the <br />collections of special assessments and other funds to be credited and paid thereto in accordance <br />with the provisions of Section 4.01, (c) any taxes levied in accordance with this resolution, and <br />(d) all such other moneys as shall be received and appropriated to the Bond Fund from time to <br />time. If the balance in the Bond Fund is at any time insufficient to pay all interest and principal <br />-7- <br />
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