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CC PACKET 04242018
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CC PACKET 04242018
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4/26/2018 10:12:09 AM
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8 <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 /> <br />4.02. 2018A 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 “2018A 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) the collections of special assessments <br />and other funds to be credited and paid thereto in accordance with the provisions of Section 4.01, <br />(b) any taxes levied in accordance with this resolution, and (c) all such other moneys as shall be <br />received and appropriated to the Bond Fund from time to time. If the balance in the Bond Fund <br />is at any time insufficient to pay all interest and principal then due on all bonds payable <br />therefrom, the payment shall be made from any fund of the City which is available for that <br />purpose, subject to reimbursement from the Bond Fund when the balance therein is sufficient, <br />and the Council covenants and agrees that it will each year levy a sufficient amount to take care <br />of any accumulated or anticipated deficiency, which levy is not subject to any constitutional or <br />statutory tax limitation. <br /> <br />There are hereby established two accounts in the Bond Fund, designated as the “Debt <br />Service Account” and the “Surplus Account.” All money appropriated or to be deposited in the <br />Bond Fund shall be deposited as received into the Debt Service Account. On each February 1, <br />the Finance Director shall determine the amount on hand in the Debt Service Account. If such <br />amount is in excess of one-twelfth of the debt service payable from the Bond Fund in the <br />immediately preceding 12 months, the Finance Director shall promptly transfer the amount in <br />excess to the Surplus Account. The City appropriates to the Surplus Account any amounts to be <br />transferred thereto from the Debt Service Account as herein provided and all income derived <br />from the investment of amounts on hand in the Surplus Account. If at any time the amount on <br />hand in the Debt Service Account is insufficient to meet the requirements of the Bond Fund, the <br />Finance Director shall transfer to the Debt Service Account amounts on hand in the Surplus <br />Account to the extent necessary to cure such deficiency. <br /> <br />4.03. Additional Bonds. The City reserves the right to issue additional bonds payable <br />from the Bond Fund as may be required to finance costs of the Improvements not financed <br />hereby, provided that the City Council shall, prior to the delivery of such additional bonds, levy <br />or agree to levy by resolution sufficient additional special assessments and ad valorem taxes, if <br />any, which, together with other moneys or revenues pledged for the payment of said additional <br />obligations, will produce revenues at least five percent (5%) in excess of the amount needed to <br />pay when due the principal and interest on all bonds payable from the Bond Fund. The <br />additional special assessments, ad valorem taxes and moneys or revenues so pledged, levied or <br />26
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