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9415-03 Approving and Authorizing the Execution of a lease for the construction and equipping of a new Fire Stationand the Renovation
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9415-03 Approving and Authorizing the Execution of a lease for the construction and equipping of a new Fire Stationand the Renovation
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Last modified
9/24/2009 2:31:03 PM
Creation date
7/23/2008 3:55:52 PM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
4/28/2003
Ord-Res Number
9415-03
Bill Number
29-03
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and to the effect that the City and the Building Corporation are in complete compliance with the <br />conditions of the Prior Ordinance for the making of the pledge contained herein on a parity with <br />the outstanding Prior Bonds. <br />7. The Rentals payable under the Lease are payable solely from the COIT <br />Revenues distributed to the City pursuant to the Act and set aside as hereinafter provided. The <br />foregoing pledge shall continue irrevocably during the period in which the Bonds remain <br />outstanding. The provisions hereof shall be construed to create a trust in the COIT Revenues <br />described herein and the provisions hereof are made in accordance with Indiana Code 5-1-14-4. <br />This Ordinance shall not be repealed or amended in any manner which would serve to adversely <br />affect the pledge of the COIT revenues made herein by the Common Council on behalf of the <br />City. The Mayor, Controller, and the Clerk are hereby authorized to execute such documents as <br />may be necessary in connection with the issuance of the Bonds to evidence the Pledge. Neither <br />the full faith and credit nor the taxing power of the City shall be pledged to the payment of the <br />Rentals. <br />8. The COIT Revenues distributed to the City pursuant to the Act shall be <br />used and applied by the City only as provided in this Ordinance and in strict accordance with the <br />provisions of the Act. All of such COIT Revenues shall be segregated and kept in special <br />accounts separate and apart from all other funds of the City and shall be used and applied in <br />payment of rentals for leases, including without limitation the Lease, and the principal of and <br />interest on bonds which by their respective terms are payable from such revenues and to <br />maintain a reasonable reserve, in accordance with this Ordinance. The COIT Revenue Fund is <br />hereby created and is hereby designated and constituted as the fund for the payment of such <br />amounts. Said Fund shall be continued until all such amounts have been paid pursuant to such <br />leases or bonds. In addition, there is hereby created and established (i) a COIT Obligations Fund <br />and a COIT Reserve Fund (which two funds the City hereby covenants and agrees to cause to be <br />kept and maintained so long as needed for the purposes set forth herein), and (ii) an COIT Excess <br />Fund. All of the COIT Revenues distributed to the City pursuant to the Act shall be set aside in <br />said funds in the following order of priority and to the extent indicated below: <br />(1) COIT Obligations Fund <br />(2) COIT Reserve Fund; and <br />(3) COIT Excess Fund <br />(a) COIT Obligations Fund. As soon as possible upon receipt by the <br />City of its COIT Revenue distribution (each, a "Distribution"), but in any event not later than the <br />fifteenth (15`h) day following such distribution, there shall be set aside from the COIT Revenue <br />Fund and paid into the COIT Obligations Fund a sufficient amount for the payment of all <br />amounts due on any lease or bonds which by their respective terms are payable from such fund <br />and, with respect to bonds which may be payable from such fund, the necessary fiscal agency <br />charges for paying the principal of and interest on such bonds. If the City receives monthly <br />Distributions, the monthly payments into the COIT Obligations Fund shall be in an amount equal <br />to at least one-sixth (1/6) of the amount payable during the then next succeeding six (6) calendar <br />months of (i) rentals, including without limitation the Rentals, payable from COIT Revenues <br />under any lease, including without limitation, the Lease and (ii) principal of and interest on <br />bonds payable by their terms from COIT Revenues. If the City receives distributions <br />ssi~rr> >asz9~~~ _ 3 _ <br />
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