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Bill No. 49-23 Revenue Bonds Authorizing the Acquisition & Construction of the Municipal Waterworks
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Bill No. 49-23 Revenue Bonds Authorizing the Acquisition & Construction of the Municipal Waterworks
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8/24/2023 3:30:14 PM
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8/23/2023 4:16:42 PM
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Subaccounts) either (i) in a single payment, to be paid on the date of the issuance of the 2023 <br />Bonds or such series thereof, or (ii) in equal monthly installments, over a period not to exceed <br />sixty(60) months after the date of issuance of the 2023 Bonds or such series thereof,with the first <br />installment due and payable on the date of the issuance of the 2023 Bonds or such series thereof, <br />and the remaining installments payable on the last day of each calendar month, commencing on <br />the last day of the month in which the 2023 Bonds or such series thereof are issued. To the extent <br />that the amount on deposit in the Common Reserve Subaccount of the Debt Service Reserve <br />Account on the date of issuance of the 2023 Bonds or any series thereof is equal to less than the <br />Reserve Requirement for the Series 2023 Bonds or any series thereof, that portion of the shortfall <br />which exists as of the date of issuance of the 2023 Bonds or such series thereof shall,at the election <br />of the Mayor and Controller with the advice of the Municipal Advisor, be deposited into such <br />Common Reserve Subaccount either(i) in a single payment, to be paid on the date of the issuance <br />of the 2023 Bonds or such series thereof, or (ii) in equal monthly installments, over a period not <br />to exceed sixty (60) months after the date of issuance of the 2023 Bonds or such series thereof, <br />with the first installment due and payable on the date of the issuance of the 2023 Bonds or such <br />series thereof, and the remaining installments payable on the last day of each calendar month, <br />commencing on the last day of the month in which the 2023 Bonds or such series thereof are <br />issued. <br />i) To the extent that Parity Bonds are issued subsequent to the issuance of the <br />2023 Bonds or any series thereof,the additional amounts, if any,which are required to be paid into <br />the Common Reserve Subaccount to satisfy the Reserve Requirement as a result of the issuance of <br />such Parity Bonds shall, at the election of the Mayor and Controller with the advice of the <br />Municipal Advisor, be deposited into the Debt Service Reserve Account either (i) in a single <br />payment, to be paid on the date of the issuance of such Parity Bonds, or (ii) in equal monthly <br />installments,over a period not to exceed sixty(60)months after the date of issuance of such Parity <br />Bonds,with the first installment due and payable on the date of the issuance of such Parity Bonds, <br />and the remaining installments payable on the last day of each calendar month, commencing on <br />the last day of the month in which such Parity Bonds are issued. <br />j) Subject to Section XV(h) and Section XV(i) above, any deficiency in the <br />balance maintained in the Debt Service Reserve Account (excluding any Subaccounts) or any <br />Subaccounts shall be promptly made up from the next available Net Revenues after credits into <br />the Bond and Interest Account, on a pro rata basis, calculated by reference to the amount of the <br />deficiency in the Debt Service Revenue Account (excluding any Subaccounts) and each <br />Subaccount. Any moneys in the Debt Service Reserve Account (excluding any Subaccount) in <br />excess of the Reserve Requirement for the Bonds (excluding any Bonds for which a Subaccount <br />was established) and any moneys in the Common Reserve Subaccount for the 2023 Bonds or any <br />series thereof, the 2009A Bonds and any Parity Bonds hereafter issued by the City, may be used <br />for the prepayment of installments of principal, together with interest due thereon, on the then <br />outstanding Bonds which are then callable or prepayable,or for the purchase of outstanding Bonds <br />or installments of principal of and interest on the Bonds at a price not exceeding par and accrued <br />interest, or may be transferred to the Improvement Fund. <br />k) As an alternative to holding cash funds in the Debt Service Reserve Account <br />or any Subaccount, the City, with the advice of the Municipal Advisor and nationally recognized <br />bond counsel, may satisfy all or any part of its obligation to maintain any amount in the Debt <br />Service Reserve Account or such Subaccount by depositing a Credit Facility (as defined in the <br />24 -
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