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55A - RESO - GAS TAX BONDS
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11/05/2019
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55A - RESO - GAS TAX BONDS
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Last modified
10/30/2019 12:55:49 PM
Creation date
10/30/2019 11:40:51 AM
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City Clerk
Doc Type
Agenda Packet
Agency
Finance & Management Services
Item #
55A
Date
11/5/2019
Destruction Year
2024
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amount of Dollars ($ ) to the Trustee for <br />authentication and delivery to the Original Purchaser thereof upon the written request of the City. <br />SECTION 3.02 Application of Proceeds of Sale of Series 2019 Bonds; Transfers from the <br />2007 Trust Agreement. Upon the receipt of payment for the Series 2019 Bonds on the Closing <br />Date in the amount of $ (being an amount equal to the principal amount of the <br />Series 2019 Bonds ($ .00), [less the amount delivered to the Insurer for the <br />Insurance Policy and the Reserve Policy ($ )] plus an original issue premium of <br />$ , less Underwriter's discount ($ ), the Trustee shall apply the <br />proceeds of sale thereof as follows: <br />(a) The Trustee shall transfer to the Escrow Bank, for deposit to the Escrow <br />Fund for the 2007 Certificates, the amount of $ ; and <br />(b) The Trustee shall deposit in the Cost of Issuance Fund an amount equal to <br />$ ; and <br />(c) The Reserve Policy is hereby delivered to the Trustee for deposit in the <br />Reserve Account. <br />SECTION 3.03 Cost of Issuance Fund. There is hereby created a fund to be known as the <br />"City of Santa Ana Gas Tax Revenue Refunding Bonds, Series 2019 Cost of Issuance Fund" (the <br />"Cost of Issuance Fund"), which the City hereby covenants and agrees to cause to be maintained <br />and which shall be held in trust by the Trustee. The moneys in the Cost of Issuance Fund shall be <br />used in the manner provided by law solely for the purpose of the payment of Costs of Issuance <br />upon receipt by the Trustee of written requests of the City therefor, on or after the Closing Date. <br />Each such request of the City shall be sufficient evidence to the Trustee of the facts stated therein <br />and the Trustee shall have no duty to confirm the accuracy of such facts. Any funds remaining <br />in the Cost of Issuance Fund on the earlier of (1) the date an Authorized Official notifies the <br />Trustee that all third party Costs of Issuance have been paid, or (2) 2020, shall be <br />transferred by the Trustee to the Debt Service Fund. <br />SECTION 3.04 Issuance of Additional Obligations. In addition to the Series 2019 Bonds, <br />the City may, by Additional Obligations Instrument, issue or incur other loans, advances or <br />indebtedness payable from Gas Tax Revenues on a parity with the Series 2019 Bonds to provide <br />for the full or partial refunding of the Series 2019 Bonds, provided that there is a savings in debt <br />service as a result of the issuance of such refunding bonds. <br />SECTION 3.05 Validity of Series 2019 Bonds. The validity of the authorization and <br />issuance of the Series 2019 Bonds shall not be affected in any way by any proceedings taken by <br />the City in connection with the Gas Tax Revenues, and the recital contained in the Series 2019 <br />Bonds that the same are issued pursuant to the Bond Law shall be conclusive evidence of their <br />validity and of the regularity of their issuance. <br />55394.00055\32329348.3 5 554-34 <br />
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