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Ordinance 4083-25
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Ordinance 4083-25
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Ordinances
Ordinance Number
4083-25
Date
3/19/2025
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(b) Bond Redemption Subaccount. For so long as any Parity Bonds are outstanding, the <br />City covenants to maintain the Bond Redemption Subaccount for the payment of the Parity Bonds <br />and to make deposits therein as set forth in subsection (a), above. If there is a deficiency in the Bond <br />Redemption Subaccount to make the next upcoming payment of either principal or interest, that <br />deficiency shall be made up from the Common Reserve Subaccount by the withdrawal of amounts <br />necessary for that purpose. <br />(c) Rese�^ve Requi�^ement0 <br />(1) Designation as Covered Bonds and Establishment of Resej^ve Requirement. In <br />connection with the issuance of the Bonds and approval of the Sale Terms, the Finance Director shall <br />determine whether to designate the Bonds (1) as Covered Bonds secured by the Common Reserve <br />Subaccount, (ii) as Parity Bonds secured by a separate reserve subaccount, or (iii) as Parity Bonds <br />not secured by a reserve subaccount. If the Bonds are not designated as Covered Bonds, any separate <br />Reserve Requirement (if any) shall be established in the Bond Sale Terms set forth in the Bond <br />Purchase Agreement. <br />(2) Cove�^ed Bonds; Maintenance of Common Reserve Subaccount. If the Finance <br />Director determines to designate the Bonds as Covered Bonds, then for so long as the Bonds are <br />outstanding, the City shall be required to maintain a balance in the Common Reserve Subaccount <br />(including the value of all Reserve Securities held therein) at least equal to the Reserve Requirement, <br />except for withdrawals as authorized in this subsection. The Reserve Requirement may be <br />maintained by holding cash (which may be invested as set forth below), one or more Qualified <br />Reserve Securities, Qualified Insurance, or a combination of the foregoing. In computing the amount <br />on hand in the Common Reserve Subaccount, Qualified Reserve Securities or Qualified Insurance <br />shall be valued at the face amount thereof. All other obligations purchased as an investment of <br />money held in such subaccount shall be valued at cost. As used herein, the term "cash" shall include <br />U.S. currency, cash equivalents, and evidences thereof, including demand deposits and certified or <br />cashier's checks. The deposit to the Common Reserve Subaccount may be satisfied initially by the <br />transfer of qualified investments to such subaccount. In the event of any cancellation or termination <br />of a Qualified Reserve Security or Qualified Insurance, the Common Reserve Subaccount shall be <br />funded as if the Covered Bonds that remain outstanding on the date of such notice of cancellation or <br />termination had been issued on that date. If the Bonds are designated as Covered Bonds, the Reserve <br />Requirement must be satisfied in connection with the issuance of the Bonds and any Future Parity <br />Bonds that are Covered Bonds, by any combination of: (1) a deposit of Bond proceeds on the issue <br />date; (ii) the purchase of one or more Qualified Reserve Securities or Qualified Insurance on the <br />issue date; and (iii) the deposit of Net Revenue, ULID Assessments, or other legally available money <br />of the City in approximately equal annual installments (made no later than December 20 of each <br />year) so that the Reserve Requirement is funded no later than five years after the issue date of the <br />Bonds or of such Future Parity Bonds, as applicable. <br />(3) Withdrawals from and Replenishment of Debt Service Reserve Subaccount(s). <br />On any principal or interest payment date in which there is a deficiency in the Bond Redemption <br />Subaccount in respect of any Parity Bonds secured by the Common Reserve Subaccount or by a <br />separate reserve subaccount, amounts sufficient to make up that deficiency shall be withdrawn from <br />the Common Reserve Subaccount (or from the separate reserve subaccount, if applicable) (including <br />by a draw on a Qualified Reserve Security or Qualified Insurance, if any) and shall be transferred to <br />the Bond Redemption Subaccount. If, by reason of such withdrawal, the balance remaining in such <br />reserve subaccount is insufficient to meet the Reserve Requirement for the Covered Bonds (or the <br />reserve requirement established to secure Parity Bonds that are not Covered Bonds), such deficiency <br />shall then be made up from the next available payments of Net Revenue and ULID Assessments after <br />17 <br />
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