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55A - RESO - GAS TAX BONDS
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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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SECTION 4.04 Application of Debt Service Fund. Moneys in the Debt Service Fund shall <br />be applied as follows: <br />(a) Application of Interest Account. All amounts in the Interest Account shall <br />be used and withdrawn by the Trustee solely for the purpose of paying interest on the <br />Series 2019 Bonds as it shall become due and payable (including accrued interest on any <br />Series 2019 Bonds purchased or redeemed prior to maturity pursuant to this Indenture). <br />(b) Application of Principal Account. All amounts in the Principal Account <br />shall be used and withdrawn by the Trustee solely to pay the principal amount of the <br />Series 2019 Bonds at their respective maturity dates. <br />(c) Application of Sinking Account. All moneys on deposit in the Sinking <br />Account shall be used and withdrawn by the Trustee for the sole purpose of redeeming or <br />purchasing (in lieu of redemption) Term Bonds pursuant to Section 2.02(a). <br />(d) Application of the Reserve Account. All moneys in the Reserve Account <br />shall be applied as set forth in Section 4.03(d) hereof. <br />SECTION 4.05 Investments. All moneys in the Gas Tax Fund may be invested by the City <br />from time to time in any investments authorized by law, consistent with the City's investment <br />policy. All moneys in the Debt Service Fund, and the accounts established therein, and Cost of <br />Issuance Fund shall be invested by the Trustee solely in Authorized Investments, as directed <br />pursuant to a written request of the City. In the absence of any such written request of the City, <br />the Trustee may (but shall not be required to) invest any such moneys in money market funds <br />described in paragraph (f) of the definition of Authorized Investments; provided, however, that <br />any such investment shall be made by the Trustee only if, prior to the date on which such <br />investment is to be made, the Trustee shall have received a written request of the City specifying <br />a specific money market fund and, if no such written request of the City is so received, the <br />Trustee shall hold such moneys uninvested. The Trustee shall be entitled to rely upon any <br />investment written request of the City as conclusive certification to the Trustee that the <br />investments described therein are so authorized under the laws of the State of California. <br />Obligations purchased as an investment of moneys in any fund or account shall be deemed to be <br />part of such fund or account, and all interest or gain derived from the investment of amounts in <br />any of the funds or accounts established hereunder shall be deposited in the fund or account from <br />which such investment was made; and shall be accounted for and applied as provided in Section <br />4.06(c) with respect to the Debt Service Fund; provided, however, that all interest or gain from <br />the investment of amounts in the Reserve Account shall be deposited by the Trustee in the <br />Interest Account to the extent not required to cause the balance in the Reserve Account to equal <br />the Reserve Requirement. No Authorized Investment of moneys in the Reserve Account shall <br />have a maturity in excess of five (5) years following the date of its acquisition, except that such <br />restriction shall not apply to any investment agreement approved by the Insurer. For purposes of <br />acquiring any investments hereunder, the Trustee may commingle funds held by it hereunder <br />with the written approval of the City. The Trustee or an affiliate may act as principal or agent in <br />the acquisition or disposition of any investment, and shall be entitled to its customary fees <br />therefor. The Trustee shall incur no liability for losses arising from any investments made <br />pursuant to this Section. <br />55394.00055\32329348.3 554-38 <br />
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