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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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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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semiannually, the semiannual payments into the COIT Obligations Fund shall be in an amount <br />equal to at least the total amount payable during the then next succeeding six (6) calendar months <br />of (i) rentals, including without limitation the Rentals, payable from COIT Revenues under any <br />lease, including without limitation, the Lease and (ii) principal of and interest on bonds payable <br />by their terms from COIT Revenues. In the even that the City receives only an annual <br />distribution of COIT Revenues, the annual payment into the COIT Obligations Fund shall be in <br />an amount equal to at least the total amount payable during the then next succeeding twelve (12) <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. Such payments shall continue as provided <br />herein until such time as the COIT Obligations Fund shall contain an amount sufficient to pay all <br />of the obligations of the City then outstanding which by their terms are payable from such fund. <br />(b) COIT Reserve Fund. To the extent that there are bonds <br />outstanding issued by the .City which by their terms require that the City maintain a reserve <br />therefor, an amount from each Distribution shall next be set apart and paid into the COIT <br />Reserve Fund, if needed, and used to make deposits into the COIT Obligations Fund in the event <br />of any deficiency at any time in such fund with respect to such bonds so that the sum in the <br />COIT Reserve Fund shall equal the least of (i) the maximum annual debt service on the Bonds, <br />(ii) one and one-quarter (1-1/4) times the average annual debt service on the Bonds, or (iii) ten <br />percent (10%) of the proceeds of the Bonds, within the meaning of Section 148(d) of the Internal <br />Revenue Code of 1986, as amended (the "Debt Service Reserve Requirement"), and thereafter no <br />deposit shall be made into the COIT Reserve Fund so long as there shall be on deposit therein an <br />amount equal to the Debt Service Reserve Requirement. <br />(c) COIT Excess Fund. Any remaining COIT Revenues distributed to <br />the City pursuant to the Act shall be deemed excess funds and shall be deposited in the COIT <br />Excess Fund for appropriation and use as permitted by law. In the event of any deficiency at any <br />time in the (i) COIT Obligations Fund for the purposes of paying the rentals on leases or interest <br />on or principal of bonds, which by their terms are payable from COIT Revenues or the (ii) COIT <br />Reserve Fund for purposes of maintaining in said fund the Debt Service Reserve Requirement <br />with respect to bonds which contain such a requirement, funds may be withdrawn from the COIT <br />Excess Fund for deposit into said COIT Obligations Fund or COIT Reserve Fund in the amount <br />of such deficiency. <br />All moneys in said funds shall be segregated and kept separate and apart from all <br />other funds of the City and shall be deposited in lawful depositories of the City and continuously <br />held and secured or invested as provided by law. Interest earned in each such fund shall be <br />credited to such fund except that the amount of interest earned on the COIT Reserve Fund when <br />added to the amount on deposit in the COIT Reserve Fund shall not exceed the Debt Service <br />Reserve Requirement, and any such excess shall be deposited into the COIT Excess Fund. <br />9. The City reserves the right to enter into additional leases or authorize and <br />issue bonds, payable out of its COIT Revenues, ranking on a parity with the rentals payable <br />under the Lease, for the purpose of financing the cost of additional projects (the "Parity <br />Obligations"). The authorization and issuance of Parity Obligations shall be subject to the <br />following conditions precedent: <br />ss~Mnty~ iaaz9i~t _ 4 _ <br />
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