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1993-145
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1993-145
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Last modified
7/29/2020 3:13:16 PM
Creation date
7/29/2020 2:54:47 PM
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Resolutions
Resolution Number
93-145
Approved Date
08/17/1993
Resolution Type
authorizing
Subject
Authorizing retirement of outstanding recreational Revenue Bonds $9,875,000
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;i <br />L. ADDITIONAL PARITY BONDS. No Additional Parity Bonds, payable on a <br />parity from the Pledged Funds with the Bonds, may be issued hereunder, except for <br />the purpose of refunding outstanding Bonds, but no refunding may be undertaken <br />in accordance with this provision if it shall result in an increase in the <br />maximum amount of principal and interest on all outstanding Bonds becoming due <br />in any ensuing Fiscal Year. <br />Each resolution authorizing the issuance of Additional Parity Bonds shall <br />recite that all of the covenants herein contained will be applicable to such <br />Additional Parity Bonds. <br />Additional Parity Bonds may not be issued hereunder at any time while the <br />County is in default in performing any of the covenants and obligations assumed <br />hereunder, or all payments herein required to have been made into the accounts <br />and funds, as provided hereunder, have not been made to the full extent required. <br />The County covenants for the benefit of the Registered Owners of the Bonds <br />issued and outstanding hereunder that the County shall, at the time of issuance <br />of any Additional Parity Bonds, make a deposit to the Reserve Account in the <br />Sinking Fund created hereunder so that the Reserve Account shall have a value of <br />cash and investments at such time equal to the Reserve Account Requirement <br />(giving effect to the Additional Parity Bonds and the retirement of any Bonds <br />being refunded with proceeds of the Additional Parity Bonds), unless at such time <br />all or a portion of the Series 1993 Bonds are outstanding and the Series 1993 <br />Bond Insurer shall agree otherwise. Provided, however, in no event shall such <br />deposit be required to exceed an amount equal to the maximum amount which if <br />deposited from the proceeds of the Additional Parity Bonds would not adversely <br />affect the exclusion of the interest on the Additional Parity Bonds from the <br />gross income of the Registered Owners thereof for purposes of federal income <br />taxation. <br />M. ISSUANCE OF OTHER OBLIGATIONS. The County will not issue any other <br />obligations, except under the conditions and in the manner provided herein, <br />payable from the Pledged Funds, nor voluntarily create or cause to be created any <br />debt, lien, pledge, assignment, encumbrance or other charge having priority to <br />or being on a parity with the lien of the Bonds upon the Pledged Funds, except <br />as specifically provided herein. The County may issue obligations other than the <br />Bonds payable from the Pledged Funds provided such obligations are junior and <br />subordinate in all respect to the Bonds as to lien on and source and security for <br />payment from the Pledged Funds and such obligations contain an express statement <br />to that effect. <br />N. ARBITRAGE. The County covenants to and with purchasers of the issue <br />which is comprised of the Series 1993 Bonds that it will make no use of the <br />proceeds of such issue which will cause the Series 1993 Bonds to be or become <br />"arbitrage bonds" within the meaning of Section 103(b)(2) and Section 148 of the <br />Internal Revenue Code of 1986, as amended (the "Code") or any applicable <br />regulations implementing -said Sections and the County further covenants to comply <br />with all other requirements of the Code and any applicable regulations <br />promulgated thereunder if and to the extent applicable to maintain continuously <br />the exclusion from gross income for Federal income tax purposes of the interest <br />on the Series 1993 Bonds. <br />0. FUNDS AND ACCOUNTS. The designation and establishment of the various <br />funds and accounts created herein does not require the establishment of any <br />completely independent, self -balancing funds as such term is commonly defined and <br />21 <br />
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