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2023-004
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2023-004
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Last modified
2/10/2023 3:19:54 PM
Creation date
2/10/2023 3:13:36 PM
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Resolutions
Resolution Number
2023-004
Approved Date
01/31/2023
Agenda Item Number
8.N.
Resolution Type
General Obligation Bond
Subject
General Obligation Bonds issuance $50,000,000 to finance cost of acquiring
& preserving environmentally sensitive lands
Document Relationships
2024-023
(Cover Page)
Path:
\Resolutions\2020's\2024
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ARTICLE IV <br />SECURITY, SPECIAL FUNDS AND <br />APPLICATION THEREOF <br />SECTION 4.01. GENERAL OBLIGATIONS OF THE ISSUER. The full faith, <br />credit and taxing power of the Issuer shall be and are hereby pledged for the full and prompt <br />payment of the principal of and interest on the Bonds. A direct annual tax shall be levied upon all <br />taxable property within the Issuer to make such payments, and provision shall be included and <br />made in the annual budget and tax levy for the levy of the Ad Valorem Taxes hereinbefore <br />provided. Notwithstanding any other provision of this Resolution, in determining the amount of <br />the Ad Valorem Taxes to be levied for a particular Fiscal Year to pay Debt Service on the Bonds, <br />the Issuer shall levy, at a minimum, an amount that assumes that the percentage of Ad Valorem <br />Taxes that will be collected in such Fiscal Year will be no higher than the percentage of Ad <br />Valorem Taxes collected for the immediately preceding Fiscal Year. Whenever the Issuer shall, <br />in any Fiscal Year, have irrevocably deposited in the Sinking Fund any moneys derived from <br />sources other than the aforementioned Ad Valorem Taxes, said Ad Valorem Taxes may be <br />correspondingly diminished; but any such diminution must leave available an amount of Ad <br />Valorem Taxes, after allowance for anticipated delinquencies in collection, fully sufficient, with <br />such moneys so deposited from other sources, to assure the prompt payment of principal, interest <br />and other related charges falling due prior to the time that the proceeds of the next annual Ad <br />Valorem Taxes levy will be available. Such Ad Valorem Taxes shall be levied and collected at <br />the same time, and in the same manner, as other ad valorem taxes of the Issuer are assessed, levied <br />and collected. The Ad Valorem Taxes shall be levied and collected in accordance with all <br />applicable law, including, but not limited to, the Referendum Resolution. The payment of the <br />principal of or Redemption Price, if applicable, and interest on the Bonds shall be secured forthwith <br />equally and ratably by a pledge of and lien upon the Pledged Funds and the Issuer hereby <br />irrevocably pledges such Pledged Funds to the payment of the Bonds. Any Series of Bonds may <br />be additionally secured by a Credit Facility or any other security provided by the Issuer pursuant <br />to a Supplemental Resolution. <br />SECTION 4.02. PROJECT FUND. The Issuer covenants and agrees to establish a <br />special fund to be known as the "Indian River County, Florida General Obligation Bonds Project <br />Fund," which shall be used only for payment of the Costs of Projects. Moneys in the Project Fund, <br />until applied to payment of any item of the Costs of a Project in the manner hereinafter provided, <br />shall be held in trust by the Issuer and shall be subject to a lien and charge in favor of the Holders <br />of the Bonds and for the further security of such Holders. <br />The Issuer shall establish within the Project Fund a separate account for each Project, the <br />Costs of which are to be paid in whole or in part out of the Project Fund. <br />There shall be paid into the Project Fund the amounts required to be so paid by the <br />provisions of this Resolution, and there may be paid into the Project Fund, at the option of the <br />Issuer, any moneys received for or in connection with the Project by the Issuer from any other <br />source. <br />23 <br />
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