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Item PFA-3 - Water Revenue Bonds
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Item PFA-3 - Water Revenue Bonds
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5/30/2024 4:32:57 PM
Creation date
5/29/2024 6:14:44 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Finance & Management Services
Item #
PFA-3
Date
6/4/2024
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(b) If, after payment by the Treasurer of all Written Requests of the City on behalf of <br />the Authority theretofore tendered to the Treasurer under the provisions of this Section and <br />delivery to the Treasurer and the Trustee of a Certificate of Completion, there shall remain any <br />balance of money in the Acquisition Fund, all money so remaining shall be transferred to the <br />Trustee and deposited to the accounts of the Payment Fund as directed by the Authority. <br />(c) The moneys in the Costs of Issuance Fund shall be disbursed from time to time to <br />pay Costs of Issuance. The Trustee shall disburse moneys in the Costs of Issuance Fund from time <br />to time upon receipt by the Trustee of a Written Request of the Authority which: (a) states with <br />respect to each disbursement to be made: (i) the requisition number, (ii) the name and address of <br />the person, firm or corporation to whom payment is due, (iii) the amount to be disbursed, and (iv) <br />that each obligation therein has been properly incurred, and is (a) a proper charge against the Costs <br />of Issuance Fund and has not been the basis of any previous disbursement; (b) specifies in <br />reasonable detail the nature of the obligation; and (c) is accompanied by a bill or statement of <br />account for each obligation. Each such Written Request of the Authority shall be sufficient <br />evidence to the Trustee of the facts stated therein and the Trustee shall have no duty to confirm the <br />accuracy of such facts. <br />The Trustee shall hold the moneys in the Costs of Issuance Fund and disburse such moneys <br />therefrom in accordance with this Section. <br />Upon the earlier of the date six months after the Closing Date for the related Series of <br />Bonds or the date of receipt of a Certificate of the Authority stating that all Costs of Issuance have <br />been paid, the Trustee shall transfer any amounts then remaining in the Costs of Issuance Fund to <br />the Acquisition Fund; provided that investment earnings may be transferred to the Rebate Fund as <br />provided in Section 7.02. <br />ARTICLE VI <br />REVENUES <br />SECTION 6.01. Pledge of Revenues. All Revenues and amounts on deposit in the <br />funds and accounts established hereunder (other than amounts on deposit in the Costs of Issuance <br />Fund under Section 5.02 hereof and the Rebate Fund created pursuant to Section 7.02) are hereby <br />irrevocably pledged to the payment of the interest on and principal of the Bonds as provided herein, <br />and the Revenues shall not be used for any other purpose while any of the Bonds remain <br />Outstanding; provided, however, that out of the Revenues there may be allocated such sums for <br />such purposes as are expressly permitted by Section 6.03. <br />In order to secure the pledge of the Revenues contained in this Section 6.01, the Authority <br />hereby transfers, conveys and assigns to the Trustee, for the benefit of the Owners, all of the <br />Authority's rights under the Installment Purchase Agreement (excepting its right to <br />indemnification thereunder), including the right to receive Installment Payments from the City, the <br />right to receive any proceeds of insurance maintained thereunder or any condemnation award <br />rendered with respect to the Project and the right to exercise any remedies provided therein in the <br />event of a default by the City thereunder. The Trustee hereby accepts said assignment for the <br />benefit of the Owners of the Bonds subject to the provisions of this Indenture. <br />24 <br />55394.00068\42092121.3 <br />
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