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Ord 2025-012 authorizing the issuance and sale of an approximate amount of $37,655,000.00 of Combination Tax and Revenue Certificates of Obligation, Series 2025, levying an ad valorem tax and pledging certain surplus revenues
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Ord 2025-012 authorizing the issuance and sale of an approximate amount of $37,655,000.00 of Combination Tax and Revenue Certificates of Obligation, Series 2025, levying an ad valorem tax and pledging certain surplus revenues
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4/30/2025 4:28:14 PM
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City Clerk - Document
Ordinances
City Clerk - Type
Approving
Number
2025-012
Date
4/15/2025
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EXHIBIT "A" <br /> WRITTEN PROCEDURES RELATING TO CONTINUING <br /> COMPLIANCE WITH FEDERAL TAX COVENANTS <br /> A. Arbitrage. With respect to the investment and expenditure of the proceeds of the <br /> Bonds, Notes, Certificates, Leases or other Obligations now or hereafter outstanding as having <br /> the interest on such debt exempt from Federal income taxes of the debt holder (the <br /> "Obligations") the Issuer's City Manager or Director of Finance (the "Responsible Person") will, <br /> as applicable to each issuance of Obligations: <br /> $ instruct the appropriate person or persons that the construction, renovation or acquisition <br /> of the facilities must proceed with due diligence and that binding contracts for the <br /> expenditure of at least 5% of the proceeds of the Obligations will be entered into within 6 <br /> months of the Issue Date; <br /> $ monitor that at least 85% of the proceeds of the Obligations to be used for the <br /> construction, renovation or acquisition of any facilities are expended within 3 years of the <br /> date of delivery of the Obligations ("Issue Date"); <br /> $ restrict the yield of the investments to the yield on the Obligations after 3 years of the <br /> Issue Date; <br /> $ monitor all amounts deposited into a sinking fund or funds, e.g., the Debt Service <br /> Fund/Bond Fund/Interest and Sinking Fund, to assure that the maximum amount invested <br /> at a yield higher than the yield on the Obligations does not exceed an amount equal to the <br /> debt service on the Obligations in the succeeding 12-month period plus a carryover <br /> amount equal to one-twelfth of the principal and interest payable on the Obligations for <br /> the immediately preceding 12-month period; <br /> $ ensure that no more than 50% of the proceeds of the Obligations are invested in an <br /> investment with a guaranteed yield for 4 years or more; <br /> $ assure that the maximum amount of any reserve fund for any Obligations invested at a <br /> yield higher than the yield on the Obligations will not exceed the lesser of(1) 10% of the <br /> principal amount of the Obligations, (2) 125% of the average annual debt service on the <br /> Obligations measured as of the Issue Date, or (3) 100% of the maximum annual debt <br /> service on the Obligations as of the Issue Date; <br /> $ monitor the actions of the escrow agent (to the extent an escrow is funded with proceeds) <br /> to ensure compliance with the applicable provisions of the escrow agreement, including <br /> with respect to reinvestment of cash balances; <br /> $ maintain any official action of the Issuer (such as a reimbursement resolution) stating its <br /> intent to reimburse with the proceeds of the Obligations any amount expended prior to <br /> the Issue Date for the acquisition, renovation or construction of the facilities; <br /> $ ensure that the applicable information return (e.g., IRS Form 8038-G, 8038-GC, or any <br /> successor forms) is timely filed with the IRS; <br /> A-1 <br /> San Marcos(CTRCO 2025 1 Ordinance <br />
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