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02-18 Authorizing The Issuance of General Obligation Bonds
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02-18 Authorizing The Issuance of General Obligation Bonds
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1/3/2018 11:08:29 AM
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1/16/2018 8:25:14 AM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
1/8/2018
Bill Number
02-18
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into the Project Fund shall be expended only for the purpose of paying expenses incurred <br /> in connection with the Projects, together with the expenses incidental thereto and on <br /> account of the issuance of the Bonds. Any balance remaining in the Project Fund after <br /> the completion of the Projects that is not required to meet unpaid obligations incurred in <br /> connection therewith and on account of the issuance of the Bonds may be used to pay <br /> debt service on the Bonds or otherwise used as permitted by law. <br /> (b) Bond Fund. There is hereby created a separate fund, designated as the <br /> "City of South Bend, Indiana 2018 Bond Fund" (the "Bond Fund"), which shall be <br /> applied to the payment of the principal of and interest on the Bonds. As taxes attributable <br /> to the debt service levy for the Bonds are collected, subject to Section VIII hereof, they <br /> shall be accumulated in an account of the Bond Fund hereby created and designated as <br /> the "City of South Bend, Indiana 2018 Bond Tax Account" (the "Tax Account"). The <br /> Bond Fund shall also have a separate account designated the Revenues Account as <br /> described in Section VIII hereof. <br /> (c) Reserve Fund. At the time of the sale of the Bonds, the Controller, with <br /> the advice of the City's municipal advisor, may determine to establish a debt service <br /> reserve fund for the Bonds (the "Reserve Fund"), which shall be funded with a portion of <br /> the proceeds of the Bonds in an amount determined by the municipal advisor to be <br /> required to adequately secure the Bonds (the "Debt Service Reserve Requirement"). All <br /> money in the Reserve Fund shall be used and withdrawn by the City solely for the <br /> purpose of making deposits into the Bond Fund, in the event of any deficiency at any <br /> time in such fund, or for the purpose of paying the interest on or principal of or <br /> redemption premiums, if any, on the Bonds in the event that no other money is lawfully <br /> available therefor. Any amount in the Reserve Fund in excess of the Debt Service <br /> Reserve Requirement shall be withdrawn from the Reserve Fund and deposited in the <br /> Bond Fund. Money in the Reserve Fund shall also be available to make the final <br /> payments of interest and principal on the Bonds. Notwithstanding the foregoing, the <br /> Controller, with the advice of the City's municipal advisor, may enable the City to satisfy <br /> all or any part of its obligation to maintain an amount in the Reserve Fund equal to the <br /> Debt Service Reserve Requirement by depositing a Reserve Fund Credit Facility in the <br /> Reserve Fund, provided that such deposit does not adversely affect any then existing <br /> rating on the Bonds. A Reserve Fund Credit Facility is hereby defined as a letter of <br /> credit, liquidity facility, insurance policy or comparable instrument furnished by a bank, <br /> insurance company, municipal institution or other entity pursuant to a reimbursement <br /> agreement or similar instrument between such entity and the City for the purpose of <br /> satisfying in whole or in part the City's obligation to maintain the Reserve Requirement. <br /> In the event the amount on deposit in the Reserve Fund is ever less than the Debt Service <br /> Reserve Requirement,the City shall deposit from available revenues an amount sufficient <br /> to increase the amount on deposit to equal the Debt Service Reserve Requirement. <br /> SECTION VIII. Reduction of Tax Lew and Pledge of Certain Other Revenues. The <br /> amount of the tax levy each year applicable to making payments on the Bonds as set forth in the <br /> budget of the City (the "Tax Levy") shall be reduced by available revenues of the City to the <br /> extent such revenues have been set aside and designated by the City for such purpose in the <br /> account of the City's Debt Service Fund hereby created and designated as the "City of South <br /> 11 <br />
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