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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
Number
2019-03
Date
1/29/2019
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applicable. Moneys transferred to the Developer Reimbursement Pledged Revenue Account <br />shall not be a part of the Trust Estate and are not security for the Bonds. <br />(b) From time to time as needed to pay the obligations relating to the Bonds, but no <br />later than five (5) Business Days before each Interest Payment Date, the Trustee shall withdraw <br />from the Bond Pledged Revenue Account of the Pledged Revenue Fund and transfer to the <br />Principal and Interest Account of the Bond Fund, an amount, taking into account any amounts <br />then on deposit in such Principal and Interest Account and any expected transfers from the <br />Capitalized Interest Account to the Principal and Interest Account, such that the amount on <br />deposit in the Principal and Interest Account equals the principal (including any Sinking Fund <br />Installments) and interest due on the Bonds on the next Interest Payment Date. <br />(c) From time to time as needed to pay the obligations relating to costs of Public <br />Improvements the Trustee shall, at the written request of the Developer and approval of the City, <br />withdraw from the Developer Reimbursement Pledged Revenue Account and transfer to the <br />Reimbursement Fund such amount, as specified in the written request, as needed to reimburse <br />the Developer for funds used to fund costs of Public Improvements. <br />(d) If, after the foregoing transfers and any transfer from the Reserve Fund as <br />provided in Section 6.7, there are insufficient funds to make the payments provided in paragraph <br />(b) above, the Trustee shall apply the available funds in the Principal and Interest Account first <br />to the payment of interest, then to the payment of principal (including any Sinking Fund <br />Installments) on the Bonds. <br />(e) The Trustee shall transfer the amounts determined in writing by the City as <br />Prepayments to the Redemption Fund promptly after deposit of such amounts into the Pledged <br />Revenue Fund. <br />(f) Upon receipt of Foreclosure Proceeds, the Trustee shall transfer such amount of <br />Foreclosure Proceeds determined in writing by the City, first to the Reserve Fund to restore any <br />transfers from the Reserve Fund made to which the Foreclosure Proceeds relate, and second, to <br />the Redemption Fund. <br />(g) After satisfaction of the requirement to provide for the payment of the principal <br />and interest on the Bonds and to fund any deficiency that may exist in the Reserve Fund and to <br />fund any obligations due to the Developer with funds deposited to the Reimbursement Fund, the <br />Trustee shall, at the written request of the City, transfer any Pledged Revenues remaining in the <br />Pledged Revenue Fund to the City, which monies may be used for any lawful purpose for which <br />Assessments may be used under the PID Act. The Trustee may rely upon any such request of the <br />City and shall have no obligation to determine the lawful purposes permitted under the PID Act. <br />Section 6.4. Bond Fund. <br />(a) On each Interest Payment Date, the Trustee shall withdraw from the Principal and <br />Interest Account and transfer to the Paying Agent/Registrar the principal (including any Sinking <br />Fund Installments) and interest then due and payable on the Bonds, less any amount to be used to <br />
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