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Ord 2019-003/authorizing the issuance of the City of San Marcos Special Assessment Revenue Bonds, Series 2018 (Trace Public Improvement District); approving aand authorizing an Indenture of Trust, a Bond Purchase Agreement, an Offering Memorandum, a
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Ord 2019-003/authorizing the issuance of the City of San Marcos Special Assessment Revenue Bonds, Series 2018 (Trace Public Improvement District); approving aand authorizing an Indenture of Trust, a Bond Purchase Agreement, an Offering Memorandum, a
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8/15/2019 3:27:16 PM
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Ordinances
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2019-03
Date
1/29/2019
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The Assessments for each Parcel or Lot is shown on the Assessment Roll, attached as <br />Appendix A, and no Assessment shall be changed except as authorized by this SAP or the <br />PID Act. <br />C. Findings of Special Benefit <br />The City Council, acting in its legislative capacity based on information provided by the <br />Landowner and its engineer and reviewed by the City staff and by third -party consultants <br />retained by the City, has found and determined: <br />1. The estimated costs of the Public Improvements and Bond Issuance Costs <br />equal $24,525,481, as shown on Table III -A; and <br />2. The Elementary School Site is allocated $223,864 of the Public Improvement <br />costs, resulting in $24,301,616 in Public Improvements and Bond Issuance <br />Costs being allocated to the Assessed Property; and <br />3. The Assessed Property receives special benefit from the Public Improvements <br />equal to or greater than the Actual Cost of Assessed Property's allocable share <br />of the Public Improvements; and <br />4. The special benefit ( >_ $24,301,616) received by the Assessed Property from <br />the Public Improvements is greater than the combined amount of the Initial <br />Assessments and Additional Assessments ($22,000,000) levied for the Public <br />Improvements. <br />5. The Landowners have acknowledged by execution of the PID Financing <br />Agreement that the Public Improvements confer a special benefit on the <br />Assessed Property and have consented to the imposition of the Assessments <br />to pay for the Actual Costs associated therewith. The Landowners have <br />ratified, confirmed, accepted, agreed to and approved: (i) the determinations <br />and findings by the City Council as to the special benefits described herein and <br />the Assessment Ordinances; and (ii) the levying of Assessments on the <br />Assessed Property. <br />D. Annual Collection Costs <br />The cost of administering the PID and collecting the Annual Installments shall be paid for on <br />a pro rata basis by each Parcel or Lot based on the amount of outstanding assessment <br />remaining on the Parcel or Lot. The Annual Collection Costs shall be collected as part of and <br />in the same manner as Annual Installments, which is subject to revision through Annual <br />Service Plan Updates. <br />E. Additional Interest <br />The interest rate on Assessments levied on the Assessed Property may exceed the interest <br />rate on the PID Bonds by the Additional Interest Rate. The Additional Interest shall be <br />collected as part of each Annual Installment. The Additional Interest shall be deposited and <br />used as described in the Indenture for any PID Bonds. <br />13 <br />
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