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Res 2016-150/approving the Landowner Agreement and Notice of Special Assessments Agreement with Highpointe Trace, LLC for the Trace Public Improvement District (PID).
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Res 2016-150/approving the Landowner Agreement and Notice of Special Assessments Agreement with Highpointe Trace, LLC for the Trace Public Improvement District (PID).
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4/27/2017 1:33:25 PM
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10/21/2016 2:08:17 PM
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City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2016-150
Date
10/18/2016
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"Administrative Expenses" means the administrative, organization, maintenance and <br />operation costs and expenses associated with, or incident to, the administration, <br />organization, maintenance and operation of the PID, including, but not limited to, the costs <br />of (i) legal counsel, engineers, accountants, financial advisors, investment bankers or other <br />consultants and advisors, (ii) creating and organizing the PID and preparing the <br />Assessment Roll, (iii) computing, levying, collecting and transmitting the Special <br />Assessments or the Annual Installments thereof, (iv) maintaining the record of <br />installments, payments and reallocations and/or cancellations of the Special Assessments, <br />(v) paying and redeeming the PID Bonds, (vi) investing or depositing the Special <br />Assessments or other monies, (vii) complying with the PID Act with respect to the PID <br />Bonds, (viii) paying the paying agent/registrar's and trustee's fees and expenses (including <br />the fees and expenses of its legal counsel) related to the PID Bonds, and (ix) administering <br />the construction of the Public Improvements. <br />"Administrator" means an employee of the City or third party designee of the City who <br />shall have the responsibilities provided for herein, in an Indenture relating to PID Bonds or <br />in any other agreement approved by the City Council. <br />"Annual Installment" means, with respect to each Parcel, each annual payment of: (i) the <br />Special Assessment (including the principal of and interest on), as shown on the <br />Assessment Roll attached hereto as Annendix A, as applicable, or in an Annual Service Plan <br />Update, and calculated as provided in Section VI of this SAP, (ii) Administrative Expenses, <br />(iii) the Prepayment Reserve described in Section IV of this SAP, and (iv) the Delinquency <br />Reserve described in Section IV of this SAP. <br />"Annual Service Plan Update" has the meaning set forth in Section V of this SAP. <br />"Assessed Property" or "Assessed Properties" means property on which Special <br />Assessments have been levied as shown on the Assessment Roll (as the same may be <br />updated each year by the Annual Service Plan Update) and which includes any and all <br />Parcels within the PID other than Non -Benefited Property. <br />"Assessment Ordinance" means each ordinance adopted by the City Council approving <br />this SAP (or amendments or supplements to the SAP) and levying the Special Assessments. <br />"Assessment Roll" means the Assessment Roll included in this SAP as Annendix A, which <br />may be updated, modified or amended from time to time in accordance with the <br />procedures set forth herein and in the PID Act, including updates prepared in connection <br />with the issuance of PID Bonds or in connection with any Annual Service Plan Update. <br />"Authorized Improvements" means improvements authorized by Section 372.003 of the <br />PID Act including those listed in Section III.A of this SAP. <br />"City" means the City of San Marcos, Texas. <br />"City Council" means the City Council of City of San Marcos, Texas. <br />rd <br />
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