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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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Certificate, an amount equal to the Additional Interest until the Delinquency & Prepayment <br />Reserve Requirement has been accumulated in the Delinquency & Prepayment Reserve Account. <br />At any time, the amount on deposit in the Delinquency & Prepayment Reserve Account is less <br />than Delinquency & Prepayment Reserve Requirement, the Trustee shall resume depositing such <br />Additional Interest into the Delinquency & Prepayment Reserve Account on March I of each <br />year, and on any other day set forth in a City Certificate, until the Delinquency & Prepayment <br />Reserve Requirement has been met. Furthermore, once the Delinquency & Prepayment Reserve <br />Requirement has accumulated in the Delinquency & Prepayment Reserve Account, any amounts <br />in excess of the Delinquency & Prepayment Reserve Requirement shall be transferred by the <br />Trustee to the Redemption Fund to redeem Bonds as provided in Article IV provided, however, <br />that at any time the amount on deposit in the Delinquency & Prepayment Reserve Account is less <br />than Delinquency & Prepayment Reserve Requirement, the Trustee shall resume depositing such <br />Additional Interest into the Delinquency & Prepayment Reserve Account until the Delinquency <br />& Prepayment Reserve Requirement has accumulated in the Delinquency & Prepayment Reserve <br />Account. In determining the amounts to be transferred pursuant to this Section, the Trustee may <br />conclusively rely on a City Certificate specifying the amounts to transfer. <br />(c) Whenever a transfer is made from the Reserve Fund to the Bond Fund due to a <br />deficiency in the Bond Fund, the Trustee shall provide written notice thereof to the City, <br />specifying the amount withdrawn and the source of said funds. <br />(d) In the event of an extraordinary optional redemption of Bonds pursuant to Section <br />4.4, the Trustee, pursuant to written directions from the City, shall transfer from the Reserve <br />Account of the Reserve Fund to the Redemption Fund the amount specified in such directions, <br />which shall be an amount equal to the principal amount of Bonds to be redeemed multiplied by <br />the lesser of. (i) the amount required to be in the Reserve Account of the Reserve Fund divided <br />by the principal amount of Outstanding Bonds prior to the redemption, and (ii) the amount <br />actually in the Reserve Account of the Reserve Fund divided by the principal amount of <br />Outstanding Bonds prior to the redemption. If after such transfer, and after applying investment <br />earnings on the Prepayment toward payment of accrued interest, there are insufficient funds to <br />pay the principal amount plus accrued and unpaid interest on such Bonds to the date fixed for <br />redemption of the Bonds to be redeemed as a result of such Prepayment, the Trustee shall <br />transfer an amount equal to the shortfall from the Delinquency & Prepayment Reserve Account <br />to the Redemption Fund to be applied to the redemption of the Bonds. <br />(e) Whenever, on any Interest Payment Date, or on any other date at the request of a <br />City Representative, the value of cash and Value of Investment Securities on deposit in the <br />Reserve Account exceeds the Reserve Account Requirement, the Trustee shall provide written <br />notice to the City Representative of the amount of the excess. Such excess shall be transferred to <br />the Principal and Interest Account to be used for the payment of interest on the Bonds on the <br />next Interest Payment Date in accordance with Section 6.4, unless prior to the next Interest <br />Payment Date, the Trustee receives a City Certificate instructing the Trustee to apply such <br />excess: (i) to pay amounts due under Section 6.8 hereof, (ii) to the Administrative Fund in an <br />amount not more than the Annual Collection Costs for the Bonds or (iii) to the Project Fund to <br />pay Actual Costs if such application and the expenditure of funds is expected to occur within <br />three years of the date hereof. <br />42 <br />
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