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CC PACKET 04252017
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CC PACKET 04252017
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interest payment date for the Bonds, the City Manager is directed to remit to the Registrar from <br />funds on deposit in the Bond Fund the amount needed to pay principal and interest on the Bonds <br />on the next succeeding principal and interest payment date. <br />There are hereby established two accounts in the Bond Fund, designated as the “Debt <br />Service Account” and the “Surplus Account.” There shall initially be deposited into the Debt <br />Service Account upon the issuance of the Bonds the amount set forth in clause (a) above. <br />Thereafter, during each bond year (each twelve month period commencing on February 2 and <br />ending on the following February 1, a “Bond Year”), as monies are received into the Bond Fund, <br />the City Manager shall first deposit such monies into the Debt Service Account until an amount <br />has been appropriated thereto sufficient to pay all principal and interest due on the Bonds <br />through the end of the Bond Year. All subsequent monies received in the Bond Fund during the <br />Bond Year shall be appropriated to the Surplus Account. If at any time the amount on hand in <br />the Debt Service Account is insufficient for the payment of principal and interest then due, the <br />City Manager shall transfer to the Debt Service Account amounts on hand in the Surplus <br />Account to the extent necessary to cure such deficiency. Investment earnings (and losses) on <br />amounts from time to time held in the Debt Service Account and Surplus Account shall be <br />credited or charged to said accounts. <br />If the balance in the Bond Fund is at any time insufficient to pay all interest and principal <br />then due on all Bonds payable therefrom, the payment shall be made from any fund of the City <br />which is available for that purpose, subject to reimbursement from the Surplus Account when the <br />balance therein is sufficient, and the City covenants and agrees that it will each year levy a <br />sufficient amount of ad valorem taxes to take care of any accumulated or anticipated deficiency, <br />which levy is not subject to any constitutional or statutory limitation. <br />SECTION 5. SPECIAL ASSESSMENTS. The City hereby covenants and agrees that, for the <br />payment of the costs of the Improvements, the City has done or will do and perform all acts and <br />things necessary for the final and valid levy of special assessments in the principal amount of <br />$617459, which is not less than 20% of the cost of the Improvements. In addition, the City has <br />previously levied special assessments with respect to the improvements financed with a portion <br />of the Prior Bonds. The principal of and interest on such special assessments are estimated to be <br />levied and collected in the years and amounts shown on EXHIBIT B attached hereto. The <br />principal of the assessments shall be made payable in annual installments, with interest as <br />established by this Council in accordance with law on unpaid installments thereof from time to <br />time remaining unpaid. In the event any special assessment shall at any time be held invalid with <br />respect to any lot or tract of land, due to any error, defect or irregularity in any action or <br />proceeding taken or to be taken by the City or by this Council or by any of the officers or <br />employees of the City, either in the making of such special assessment or in the performance of <br />any condition precedent thereto, the City hereby covenants and agrees that it will forthwith do all <br />such further things and take all such further proceedings as shall be required by law to make such <br />special assessment a valid and binding lien upon said property. <br />SECTION 6. PLEDGE OF TAXING POWERS. For the prompt and full payment of the <br />principal of and interest on the Bonds as such payments respectively become due, the full faith, <br />credit and unlimited taxing powers of the City shall be and are hereby irrevocably pledged. In <br />order to produce aggregate amounts which, together with the collections of other amounts as set <br />27
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