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AgdaPkt 2012-01-09
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AgdaPkt 2012-01-09
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Last modified
3/6/2012 1:23:44 PM
Creation date
1/5/2012 4:46:23 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Regular
Agency Type
City Council and Redevelopment Agency
Date
1/9/2012
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8.A. - Page 34 <br /> In the event that the Special Taxes are not paid when due, the only sources of funds <br /> lvailable to repay the Bonds are amounts held by the Fiscal Agent under the Fiscal Agent <br /> Agreement in the Bond Fund, the Special Tax Fund and the Reserve Fund, and the proceeds, if <br /> any, from foreclosure sales of Taxable Parcels with delinquent Special Tax levies. <br /> Special Taxes <br /> In accordance with the provisions of the Act, the Rate and Method was approved in <br /> 2000 by the then qualified elector and sole owner of land in the District and is set forth in its <br /> entirety in Appendix B. Under the Fiscal Agent Agreement, the City is obligated to fix and <br /> levy the amount of Special Taxes within the District required for the timely payment of <br /> principal of and interest on the outstanding Bonds becoming due and payable, including any <br /> necessary replenishment of the Reserve Fund and an amount estimated to be sufficient to pay <br /> the Administrative Expenses during the appliclble year, all in accordance with the Rate and <br /> Method and the Ordinance. The Special Taxes levied on any Taxable Parcel may not exceed <br /> the maximum allowed under the Rate and Method. See "SECUIZITY FOR THE BONDS— <br /> Summary of Rate and Method" and Appendix B—Rate and Method." <br /> The Special Taxes are payable and are collected in the same manner, at the same time <br /> and in the same installment as the County ad valorem taxes on property levied on the secured <br /> tax roll are payable, and pursuant to the Act have the same priority, become delinquent at the <br /> same times and in the same proportionite amounts 1nd bear the same proportionate penalties <br /> and interest after deli�lquency as do the taxes levied on the tax roll; provided, however, that the <br /> Special Taxes may be collected in such other manner as the City shall prescribe if necessary to <br /> pay the debt service on the Bonds <br /> Although the Special Taxes will constitute a lien on Taxable Parcels within the District, <br /> they do not constitute a personal indebtedness of the owners of the Taxable Parcels. Pursuant <br /> to Section 53356.1 of the Act, in the event of any delinquency in the payment of the Special Tax <br /> on a Tlxable Parcel, the City m1y order the institution of a superior court action to foreclose <br /> the lien on the Taxable Parcel within specified time limits. In such an action, the Taxable <br /> Parcel, along with a parcel with related Parking Units (see "SECUIZITY FOR THE BONDS— <br /> Summary of Rate and Method – Undivided Levy"), may be sold at judicial foreclosure sale. <br /> The Act provides that the Specill T1xes are secured by a continuing lien which is subject to the <br /> same lien priority in the case of delinquency as acl vcrlorefn property taxes. See "—Summary of <br /> Rate and Method," "—Covenant for Superior Court Foreclosure" and "SPECIAL IZISK <br /> FACTORS—Parity Taxes and Special Assessments." <br /> Other liens for taxes and assessments may already exist on the property located within <br /> the District and others could come into existence in the future. See "SPECIAL RISK <br /> FACTORS—Parity Taxes and Special Assessments." There is no assurance that any owner of a <br /> Taxable Parcel will be financially able to pay the annual Special Taxes or that it will pay such <br /> taxes even if financially able to do so. See "SPECIAL RISK FACTORS." <br /> For historical information regarding the payment of, or delinquencies with respect to, <br /> Special Taxes in the District, see "THE DISTRICT—Special Tax Levies and Delinquencies." <br /> Special Tax Fund <br /> Deposit of Special Tax Revenues. The City is obligated by the Fiscal Agent Agreement <br /> to deposit in the Special Tax Fund held by the City, immediately upon receipt by the City, all <br /> Special Tax Revenue received by the City (except for amounts necessary to pay the Annual <br /> Administrative Expense Deposit, which will be deposited to the Administrative Expense <br /> -10- <br />
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