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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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The proceeds of insurance maintained against physical loss of or damage to a Project, or <br />of contractors' performance bonds with respect thereto pertaining to the period of construction <br />thereof, shall be deposited into the Project Fund. <br />Any moneys received by the Issuer from the State or from the United States of America or <br />any agencies thereof for the purpose of financing part of the Cost of the Project shall be deposited <br />into the Project Fund and used in the same manner as other Bond proceeds are used therein; <br />provided that separate accounts or subaccounts may be established in the Project Fund for moneys <br />received pursuant to the provisions of this paragraph whenever required by Federal or State law. <br />The Issuer covenants that the acquisition, construction and equipping of each Project will <br />be completed without delay and in accordance with applicable law and sound engineering <br />practices. The Issuer shall only make disbursements or payments from the applicable account of <br />the Project Fund to pay Costs of the Project for which such account was established, except as <br />provided below with respect to any surplus proceeds in a particular account. The Issuer shall keep <br />records of such disbursements and payments and shall retain all such records for such periods of <br />time as is required by applicable law. <br />Notwithstanding any of the other provisions of this Section 4.02, to the extent that other <br />moneys are not available therefor, amounts in an account of the Project Fund shall be applied to <br />the payment of principal and interest on the Series of Bonds for which such account was <br />established or to reimburse a Credit Facility Provider for the payment of such principal and interest. <br />The date of completion of acquisition, construction and equipping of a Project shall be <br />documented by an Authorized Issuer Officer in the appropriate records of the Issuer. Promptly <br />after the date of the completion of a Project, and after paying or making provisions for the payment <br />of all unpaid items of the Costs of such Project, the Issuer shall apply any balance of moneys <br />remaining in the Project Fund in the following order of priority: (A) deposit such balance to any <br />other account established in the Project Fund for which an Authorized Issuer Officer certifies that <br />there are insufficient moneys to pay the Costs of the Project for which such account was <br />established, (B) deposit such balance to such other fund or account established hereunder as shall <br />be determined by the Issuer; provided the Issuer has received an opinion of Bond Counsel to the <br />effect that such transfer shall not adversely affect the exclusion, if any, of interest on the Bonds <br />(other than Taxable Bonds) from gross income for purposes of federal income taxation, and (C) <br />apply such balance for any other lawful purpose; provided the Issuer has received an opinion of <br />Bond Counsel to the effect that such application shall not adversely affect the exclusion, if any, of <br />interest on the Bonds (other than Taxable Bonds) from gross income for purposes of federal <br />income taxation <br />SECTION 4.03. CREATION OF SINKING FUND; APPLICATION OF AD <br />VALOREM TAX. (A) There is hereby created the "Indian River County, Florida General <br />Obligation Bonds Sinking Fund", which shall be held in trust for the benefit of the <br />Bondholders. There is hereby ordered levied upon all the property taxable for such purpose within <br />the Issuer, the Ad Valorem Taxes in an amount sufficient to produce amounts to pay the principal, <br />interest, charges of the Paying Agents and Registrars, and any other amounts that are properly due <br />and owing with respect to the repayment of the Bonds. The Ad Valorem Taxes shall be deposited <br />into the Sinking Fund promptly upon receipt. All Hedge Receipts and Federal Subsidy Payments <br />24 <br />
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