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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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ARTICLE IV <br />PLEDGE OF GAS TAX REVENUES; FUNDS AND ACCOUNTS <br />SECTION 4.01 Pledge of Gas Tax Revenues, Gas Tax Fund. <br />(a) The Series 2019 Bonds and Additional Obligations shall be secured by a first <br />pledge of all Gas Tax Revenues. In addition, the City hereby transfers, places a charge upon, <br />assigns and sets over to the Trustee, for the benefit of the Owners, that portion of the Gas Tax <br />Revenues which is necessary to pay the principal of and interest on the Series 2019 Bonds in any <br />Fiscal Year, together with all moneys on deposit in the Debt Service Fund, including the Interest <br />Account, the Principal Account, the Sinking Account and the Reserve Account established <br />therein, and such portion of the Gas Tax Revenues is hereby irrevocably pledged to the punctual <br />payment of the principal of and interest on the Series 2019 Bonds. The Series 2019 Bonds and <br />any Additional Obligations shall be equally secured by a pledge, charge and lien upon the Gas <br />Tax Revenues, without priority for number or date. The Gas Tax Revenues shall not be used for <br />any other purpose while any of the Series 2019 Bonds or Additional Obligations remain <br />Outstanding, except that out of Gas Tax Revenues there may be apportioned and paid such sums <br />for such purposes, as are expressly permitted by this Article. Said pledge shall constitute a first, <br />direct and exclusive charge and lien on the Gas Tax Revenues for the payment of the principal of <br />and interest on the Series 2019 Bonds in accordance with the terms thereof and on the Debt <br />Service Fund, and the Interest Account, Principal Account and Sinking Account established <br />therein. <br />(b) The Gas Tax Revenues constitute a trust fund for the security and payment of the <br />principal of and interest on the Series 2019 Bonds. The general fund of the City is not liable and <br />the credit of the City is not pledged for the payment of the principal of and interest on the Series <br />2019 Bonds. The Owner of the Series 2019 Bonds shall not compel the exercise of the taxing <br />power by the City or the forfeiture of its property. The principal of and interest on the Series <br />2019 Bonds are not a debt of the City, nor a legal or equitable pledge, charge, lien or <br />encumbrance, upon any of its property, or upon any of its income, receipts, or revenues except <br />the Gas Tax Revenues. <br />SECTION 4.02 Receipt and Deposit of Revenues. The City has heretofore established the <br />Gas Tax Fund, which the City agrees to continue to hold and maintain for the purposes and uses <br />set forth herein. The City covenants and agrees that all Gas Tax Revenues, when and as received, <br />will be received and held by the City in trust hereunder and will be deposited by the City in the <br />Gas Tax Fund and will be accounted for through and held in trust in the Gas Tax Fund, and the <br />City shall only have such beneficial right or interest in any of such money as in this Indenture <br />provided. All such Gas Tax Revenues shall be transferred, disbursed, allocated and applied <br />solely to the uses and purposes hereinafter in this Article set forth, and shall be accounted for <br />separately and apart from all other money, funds, accounts or other resources of the City. <br />SECTION 4.03 Establishment of Funds and Accounts and Allocation of Revenues <br />Thereto. The Debt Service Fund, as a special fund, is hereby created. The Debt Service Fund <br />shall be held and maintained by the Trustee. All Gas Tax Revenues shall be held in trust by the <br />55394.00055\32329348.3 554-35 <br />
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