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AgdaPkt 2003-07-28
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AgdaPkt 2003-07-28
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Last modified
6/2/2011 2:34:19 PM
Creation date
7/24/2003 1:52:17 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Agency Type
City Council
Date
7/28/2003
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O• A - <br />Account of the Special Tax Fund at the Reserve Requirement or to avoid a default in payment on the <br />Bonds. <br />Any foreclosure proceedings commenced as described above could be stayed by the <br />commentt ement of bankruptcy proceedings by or against the owner of the delinquent property. See <br />"BONDOWNERS' RISKS - Bankruptcy Proceedings." <br />No assurances can be given that the real property subject to foreclosure and sale at a Judicial <br />foreclosure sale for nonpayment of Special Taxes will be sold or, if sold, that the proceeds of such sale <br />will be sufficient to pay any delinquent Special Tax instaBmeot- <br />Special Tax Fund <br />Pursuant to the Fiscal Agent Agreement, all Net Taxes received by the District will be deposited <br />in the Special Tax Fund, which will be held by the Fiscal Agent on behalf of the District. Moneys in the <br />Special Tax Fund shall be held in trust by the Fiscal Agent for the benefit of the District and the owners <br />of the Bonds. Pending disbursement, moneys in the Special Tax Fund will be subject to a lien in favor <br />of the Bondowners and the District established under the Fiscal Agent Agreement <br />Disbursements. Moneys in the Special Tax Fund will be disbursed as needed to pay the <br />obligations of the District in the following priority. <br />(1) The Administrative Expense Account of the Special Tax Fund; <br />(ii) The Interest Account of the Special Tax Fund; <br />(ill) The Principal Account of the Special Tax Fund; <br />(iv) The Redemption Account of the Special Tax Fund; <br />(v) The Reserve Account of the Special Tax Fund; <br />(vi) The Rebate Fund; and <br />(vii) The Surplus Fund. <br />investment Moneys in the Special Tax Fund will be invested and deposited by the Authorized <br />District Representative as described in "Investment of Moneys in Funds" below. Any loss resulting <br />from such Authorized Investments shall be credited or charged to the Fund, Account or Subaccount <br />from which such investment was made, and any investment earnings on a Fund, Account or <br />Subaccount shall be applied as follows: (i) Investment earnings on amounts on deposit in the <br />Acquisition and Construction Fund, the Reserve Account, and the Rebate Fund and each Account <br />therein shall be deposited in those respective Funds and Accounts, and (ii) all other investment <br />earnings shall be deposited in the Acquisition and Construction Fund until the balance therein equals <br />zero and thereafter shall be deposited in the Interest Account of the Special Tax Fund. <br />In addition to proceeds of Bonds deposited therein, the Fiscal Agent shall transfer from the <br />Special Tax Fund to the Administrative Expense Account of the Special Tax Fund from time to time <br />amounts necessary to make timely payment of Administrative Expenses upon the written direction of <br />the District. The total amount transferred from the Special Tax Fund to the Administrative Expense <br />Account in any Bond Year shall not exceed $25,000 (with such amount escalating at a compounded <br />rate of 2% per Bond Year beginning with the Bond Year commencing September 2, 2001) until such time <br />as there has been deposited to the Interest Account and the Principal Account an amount, together <br />with any amounts already on deposit therein, sufficient to pay the principal of and interest on all <br />Bonds due in such Bond Year. Moneys in the Administrative Expense Account of the Special Tax Fund <br />may be invested in any Authorized Investments as directed by an Authorized District Representative. <br />-17- <br />
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