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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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2/5/2019 2:38:38 PM
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Ordinances
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2019-03
Date
1/29/2019
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the Trust Estate solely for the benefit of the Owners of the Bonds. Amounts on deposit in the <br />Funds, Accounts and Subaccounts shall be used solely for the purposes set forth herein. <br />(d) Interest earnings and profit on each respective Fund and Account established by <br />this Indenture shall be applied or withdrawn for the purposes of such Fund or Account as <br />specified below. <br />Section 6.2. Initial Deposits to Funds and Accounts. <br />(a) The proceeds from the sale of the Bonds shall be paid to the Trustee and <br />deposited or transferred by the Trustee as follows: <br />(i) to the Capitalized Interest Account of the Bond Fund: $ <br />(ii) to the Reserve Account of the Reserve Fund $ , which is <br />equal to the initial Reserve Account Requirement; <br />(ii) to the Costs of Issuance Account of the Project Fund: $ ; <br />(iii) to the Improvement Account of the Project Fund: $ ; and <br />(iv) <br />to the Administrative Fund: $ <br />(b) Funds received from the Developer on the Closing Date in the amount of $ <br />(the "Initial Deposit", as defined by the Redemption Waiver Agreement) shall be deposited to the <br />Developer Property Tax Reserve Fund. <br />Section 6.3. Pledged Revenue Fund. <br />(a) Immediately upon receipt thereof, the City shall transfer to the Trustee for deposit <br />to the Pledged Revenue Fund the Pledged Revenues, as set forth in the Service and Assessment <br />Plan. Specifically, the City shall direct the Trustee in writing to deposit or cause to be deposited <br />the foregoing amounts as follows (each as set forth in a City Certificate specifying the funds or <br />accounts into which the amounts are to be deposited): (i) first, to the Bond Pledged Revenue <br />Account of the Pledged Revenue Fund in an amount sufficient to pay debt service on the Bonds <br />next coming due, (ii) second, to the Reserve Account of the Reserve Fund in an amount to cause <br />the amount in the Reserve Account to equal the Reserve Account Requirement, (iii) third to the <br />Developer Reimbursement Pledged Revenue Account of the Pledged Revenue Fund the amounts <br />the City determines is necessary to pay and reimburse the Developer for costs of Public <br />Improvements (pursuant to the terms of the Reimbursement Agreement), (iv) fourth to pay other <br />costs of the Public Improvements, and (v) fifth to pay other costs permitted by the PID Act. <br />Notwithstanding the foregoing, the Additional Interest of the Annual Installments shall only be <br />utilized for the purposes set forth in Section 6.7(a) hereof and, on each March 1, beginning <br />March 1, 2019, and on any other day set forth in a City Certificate, the amount of Additional <br />Interest of the Annual Installments confirmed by the City pursuant to a City Certificate, will be <br />deposited into the Delinquency & Prepayment Reserve Account, and/or the Redemption Fund, as <br />38 <br />
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