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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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D. Mandatory Reduction of Assessments <br />Pursuant to the PID Financing Agreement, the Landowner is required to prepay $2,600,000 <br />in Assessments levied against the business park and retail parcels by the earlier of i) the <br />issuance of Additional PID Bonds, and ii) August 31, 2022. If the $2,600,000 prepayment <br />described above has not been received on or before August 31, 2022, then the Assessment <br />levied against all property in the PID shall be reduced by $2,600,000, allocating such <br />reduction to each Parcel pro rata based on the amount of outstanding Assessment levied <br />against each Parcel. <br />E. Reduction of Assessments <br />If after all Public Improvements to be funded with PID Bonds have been completed and the <br />Actual Costs for the Public Improvements are less than the costs used to calculate the <br />Assessments, then the City may reduce the Assessment for each Assessed Property pro rata <br />such that the sum of the resulting reduced Assessments for all Assessed Properties equals <br />the reduced Actual Costs. The Assessments shall not be reduced to an amount less than the <br />outstanding principal amount of the PID Bonds. <br />Similarly, if the City does not undertake some of the Public Improvements, then the City may, <br />at its discretion, reduce the Assessment for each Assessed Property pro -rata to reflect only <br />the Actual Costs that were expended. The Assessments shall not be reduced to an amount <br />less than the outstanding principal amount of the PID Bonds. <br />F. Payment of Assessments <br />1. Prepayment in Full or in Part <br />The Assessment for any Parcel or Lot may be paid in full, plus interest through the <br />date of prepayment, at any time in accordance the PID Act. <br />If an Annual Installment has been billed prior to payment in full of an Assessment, the <br />Annual Installment shall be due and payable and shall be credited against the <br />payment -in -full amount upon payment. <br />Upon payment in full of an Assessment, the City shall deposit the payment in <br />accordance with the related Indenture; whereupon, the Assessment for the Parcel or <br />Lot shall be reduced to zero, and the Parcel or Lot owner's obligation to pay the <br />Assessment and Annual Installments thereof shall automatically terminate. The City <br />shall provide the owner of the affected Assessed Property a recordable "Notice of PID <br />Assessment Termination." <br />At the option of a Parcel or Lot owner, the Assessment on any Parcel or Lot may be <br />prepaid in part in an amount equal to the amount of prepaid Assessments plus <br />interest through the date of prepayment, if any, with respect thereto. Unless <br />otherwise directed to a specific Assessment by the Parcel or Lot owner, any <br />
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