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AgdaPkt 2012-12-03
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AgdaPkt 2012-12-03
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Last modified
9/23/2013 8:31:37 AM
Creation date
11/29/2012 7:21:14 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Joint
Agency Type
City Council and Successor Agency
Date
12/3/2012
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8.B. - Page 24 <br /> qualified electors within a district and compliance with the provisions of the Act, the legislative <br /> body may issue bonds for the community facilities district established by it and may levy and <br /> collect a special tax within such district to repay such bonds. <br /> Bond Authority. The Bonds are authorized to be issued pursuant to the Act, a <br /> Resolution adopted on December 3, 2012 (the "Bond Resolution"), by the City Council of the <br /> City (the "City Council") acting as the legislative body of the District, and the Fiscal Agent <br /> Agreement dated as of January 1, 2013 (the "Fiscal Agent Agreement"), between the City, for <br /> and on behalf of the District, and U.S. Bank National Association, as fiscal agent (the "Fiscal <br /> Agent"). For more detailed information about the formation of the District and the authority <br /> for issuance of the Bonds, see "THE DISTRICT—History of the District." <br /> The Bonds <br /> General. The Bonds will be issued only as fully registered bonds, in denominations of <br /> $5,000 or any integral multiple thereof, and will bear interest at the rates per annum and will <br /> mature on the dates and in the principal amounts set forth on the inside cover page of this <br /> Official Statement. The Bonds will be dated the date of their issuance and interest on the <br /> Bonds will be payable on March 1 and September 1 of each year (individually an "Interest <br /> Payment Date"), commencing September 1, 2013. See "THE BONDS." The Bonds will be <br /> issued in book-entry form only and, when delivered, will be registered in the name of Cede & <br /> Co., as nominee of the Depository Trust Company, New York, New York ("DTC"), which will <br /> act as securities depository for the Bonds. See "THE BONDS—General Provisions." <br /> Redemption Prior to Maturity. The Bonds are subject to optional redemption, <br /> mandatory redemption from Special Tax prepayments and related transfers of funds from the <br /> Reserve Fund, and redemption from mandatory sinking payments, prior to maturity. See <br /> "THE BONDS—Redemption." <br /> Security for the Bonds <br /> Pledge Under the Fiscal Agent Agreement. Pursuant to the Fiscal Agent Agreement, the <br /> Bonds are secured by a pledge of all of the Special Tax Revenues (except for the Annual <br /> Administrative Expense Deposit) and all moneys deposited in the Bond Fund, the Reserve <br /> Fund and, until disbursed in accordance with the Fiscal Agent Agreement, the Special Tax <br /> Fund. "Special Tax Revenues," as defined in the Fiscal Agent Agreement, means the proceeds <br /> of the Special Taxes received by the City, including any scheduled payments and any <br /> prepayments thereof, interest and penalties thereon and proceeds of the redemption or sale of <br /> property sold as a result of foreclosure of the lien of the Special Taxes. "Annual <br /> Administrative Expense Deposit," as defined in the Fiscal Agent Agreement, means, in each <br /> Fiscal Year, an amount of Special Taxes initially equal to $31,706.00; increasing, commencing <br /> in Fiscal Year 2013/14 and in each Fiscal Year thereafter, by an amount equal to two percent <br /> (2%) of the Annual Administrative Expense Deposit for the previous Fiscal Year. The Special <br /> Tax Revenues (except for the Annual Administrative Expense Deposit) and all moneys <br /> deposited into the Bond Fund, the Reserve Fund and the Special Tax Fund (except as <br /> otherwise provided in the Fiscal Agent Agreement) are dedicated to the payment of the <br /> principal of, and interest and any premium on, the Bonds in accordance with the Fiscal Agent <br /> Agreement until all of the Bonds have been paid or defeased. See "SECURITY FOR THE <br /> BONDS—Special Taxes" and Appendix B—"Rate and Method." <br /> The Annual Administrative Expense Deposit and amounts in the Administrative <br /> Expense Fund, the Surplus Fund and the Series 2013 Costs of Issuance Fund (referred to <br /> herein as the "Costs of Issuance Fund"), each of which is established under the Fiscal Agent <br /> -2- <br />
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