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8.B. - Page 34 <br /> Limited Obligation <br /> The Bonds are limited obligations of the City on behalf of the District and are payable <br /> solely from and secured solely by the Special Tax Revenues (except for the Annual <br /> Administrative Expense Deposit) and the amounts in the Bond Fund, the Reserve Fund and <br /> the Special Tax Fund created pursuant to the Fiscal Agent Agreement. <br /> The Annual Administrative Expense Deposit and amounts in the Administrative <br /> Expense Fund, the Surplus Fund and the Costs of Issuance Fund are not pledged to the <br /> repayment of the Bonds. The Improvements are not pledged to pay the Debt Service on the <br /> Bonds. The proceeds of condemnation or destruction of any of the Improvements are not <br /> pledged to pay the Debt Service on the Bonds. <br /> In the event that the Special Taxes are not paid when due, the only sources of funds <br /> available 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 /> 1999 by the then qualified electors of the District (being the then owners of the land in the <br /> District), and is set forth in its entirety in Appendix B. Under the Fiscal Agent Agreement, the <br /> City is obligated to fix and levy the amount of Special Taxes within the District required for <br /> the timely payment of principal of and interest on the outstanding Bonds becoming due and <br /> payable, including any necessary replenishment of the Reserve Fund and an amount estimated <br /> to be sufficient to pay the Administrative Expenses during the applicable year, all in <br /> accordance with the Rate and Method and Ordinance No. 2180, adopted by the City Council <br /> on August 23, 1999, authorizing the levy of Special Taxes on the Taxable Parcels. The Special <br /> Taxes levied on any Taxable Parcel may not exceed the maximum allowed under the Rate and <br /> Method. See "SECURITY FOR THE BONDS—Summary of Rate and Method" and Appendix <br /> 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 proportionate amounts and bear the same proportionate penalties <br /> and interest after delinquency 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 Taxable Parcel, the City may 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 Parcel <br /> may be sold at judicial foreclosure sale. The Act provides that the Special Taxes are secured by <br /> a continuing lien which is subject to the same lien priority in the case of delinquency as ad <br /> valorem property taxes. See "SECURITY FOR THE BONDS—Summary of Rate and Method," <br /> "—Covenant for Superior Court Foreclosure" and "SPECIAL RISK FACTORS—Parity Taxes <br /> and Special Assessments." <br /> -12- <br />