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75B - PH TO ADOPT SCIP
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10/20/2020
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75B - PH TO ADOPT SCIP
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Last modified
10/14/2020 3:15:53 PM
Creation date
10/14/2020 3:02:03 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
75B
Date
10/20/2020
Destruction Year
2025
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with other local agencies will each contain a requirement that each Other Local Agency will <br />make identical certification in connection with respect to the Improvements to be owned <br />by, and Fees paid or to be paid to, such Other Local Agency equivalent to that made by <br />the City in this paragraph. <br />Section 12. The Authority will apply the special tax collections initially as required <br />by the documents under which any Local Obligations are issued; and thereafter, to the <br />extent not provided in the Local Obligations documents, may pay its own reasonable <br />administrative costs incurred in the administration of the CFDs. The Authority will remit <br />any special tax revenues from any particular CFD remaining after the final retirement of all <br />related Local Obligations to the City and to the other local agencies in the proportions <br />specified in the Authority's proceedings. The City will apply any such special tax revenues <br />it receives for authorized City Improvements or City Fees and its own administrative costs <br />only as permitted by the Mello -Roos Act. The joint community facilities agreements with <br />each Other Local Agency must require the Other Local Agency to apply the special tax <br />revenues they receive for their authorized Improvements and Fees under the CFDs and <br />for their own related administrative costs only as permitted by the Mello -Roos Act. <br />Section 13. The Authority will administer the CFDs, including employing and <br />paying all consultants, annually levying the special tax and all aspects of paying and <br />administering the Local Obligations, and complying with all State and Federal <br />requirements appertaining to the proceedings, including the requirements of the United <br />States Internal Revenue Code. The City will cooperate fully with the Authority in respect of <br />the requirements of the Internal Revenue Code and to the extent information is required of <br />the City to enable the Authority to perform its disclosure and continuing disclosure <br />obligations with respect to the Local Obligations and any revenue bonds, although the City <br />will not participate in nor be considered to be a participant in the proceedings respecting <br />the CFDs (other than as a party to the agreement embodied by this resolution) nor will the <br />City be or be considered to be an issuer of the Local Obligations nor any revenue bonds. <br />The Authority is required to obtain a provision equivalent to this paragraph in all joint <br />community facilities agreements with each Other Local Agency. <br />Section 14. In the event the Authority completes issuance and sale of Local <br />Obligations, and Local Obligation proceeds become available to finance the <br />Improvements, the Authority shall establish and maintain a special fund for each <br />development project (the "Acquisition and Construction Fund"). The portion of Local <br />Obligation proceeds which is intended to be utilized to finance the Improvements and Fees <br />shall be deposited in the Acquisition and Construction Fund. The Acquisition and <br />Construction Fund will be available both for City Improvements and City Fees and for the <br />Improvements and Fees pertaining to each Other Local Agency. Subaccounts shall be <br />created as necessary. <br />Section 15. As respects the Authority and each Other Local Agency, the City <br />agrees to fully administer, and to take full governmental responsibility for, the construction <br />or acquisition of the City Improvements and for the administration and expenditure of the <br />Resolution No. 2020-XXX <br />Page 6 of 10 <br />75B-10 <br />
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