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Approving and Authorizing a lease for construction and equipping of a new public works service center
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Approving and Authorizing a lease for construction and equipping of a new public works service center
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Last modified
5/20/2009 2:22:31 PM
Creation date
10/21/2008 9:03:17 AM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
3/12/2001
Ord-Res Number
9203-01
Bill Number
19-01
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~ a <br />percent (10%) of the proceeds of the Bonds, within the meaning of Section 148(d) of the <br />Internal Revenue Code of 1986, as amended (the "Debt Service Reserve Requirement"), and <br />thereafter no deposit shall be made into the COIT Reserve Fund so long as there shall be on <br />deposit therein an amount equal to the Debt Service Reserve Requirement. <br />(c) COIT Excess Fund. Any remaining COIT Revenues distributed to the <br />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 <br />at any time in the (i) COIT Obligations Fund for the purposes of paying the rentals on leases <br />or interest on or principal of bonds, which by their terms are payable from COIT Revenues <br />or the (ii) COIT Reserve Fund for purposes of maintaining in said fund the Debt Service <br />Reserve Requirement with respect to bonds -which contain such a requirement, funds may <br />be withdrawn from the COIT Excess Fund for deposit into said COIT Obligations Fund or <br />COIT Reserve Fund in the amount 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 credited <br />to such fund except that the amount of interest earned on the COIT Reserve Fund when added to the <br />amount on deposit in the COIT Reserve Fund shall not exceed the Debt Service Reserve <br />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 under <br />the Lease, for the purpose of financing the cost of additional projects (the "Parity Obligations"). The <br />authorization and issuance of Parity Obligations shall be subject to the following conditions <br />precedent: <br />(a) Rental payments under all leases and the principal of and interest on <br />all bonds which are, respectively, in accordance with their terms, payable from COIT <br />Revenues shall have been paid in accordance with their terms. <br />(b) All required deposits into the COIT Obligations Fund and the COIT <br />Reserve Fund shall have been made in accordance with the provisions of this Ordinance. <br />(c) Either: (1) the COIT Revenues distributed to the City pursuant to the <br />Act in the fiscal year immediately preceding the entering into or issuance of any such Parity <br />Obligations shall be not less than one hundred thirty-five percent (135%) of the maximum <br />annual interest and principal requirements of all the then outstanding obligations, including <br />without limitation the Lease, payable from amounts that the City receives from COIT <br />Revenues and the additional Parity Obligations; or (2) the COIT Revenues distributed to the <br />City pursuant to the Act for the first full fiscal year immediately succeeding the issuance of <br />any such Parity Obligations shall be projected by a certified public accountant to be at least <br />equal to one hundred thirty-five percent (135%) of the total of the maximum annual rentals <br />::oDMn~cDOCS~ssDOCS~~ss9o6~z - 4 - <br />
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