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Agenda 05-21-24; 6-b - Adoption of the Final Financing Resolution Authorizing the Issuance of Installment Purchase Financing for Various Capital Investment Plan Projects
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Agenda 05-21-24; 6-b - Adoption of the Final Financing Resolution Authorizing the Issuance of Installment Purchase Financing for Various Capital Investment Plan Projects
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5/16/2024 2:55:30 PM
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5/21/2024
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Business
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Agenda
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6-b
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Agenda for May 21, 2024 BOCC Meeting
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78 <br /> DTC,in whatever manner may be provided for under DTC's standard operating rules as then in effect(and <br /> if the Trustee is unable to determine those rules, by registered or certified mail, return receipt requested); <br /> (2) with respect to any 2024A Bonds for which no book-entry only system of registration is in effect, to <br /> each of the registered owners of those 2024A Bonds at their addresses as shown on the Trustee's registration <br /> books,by registered or certified mail; and(3)in any case,both(A)to the Municipal Securities Rulemaking <br /> Board for posting on its "EMMA" continuing disclosure system, or any successor system, and (B) to the <br /> LGC. <br /> Failure to give any notice specified in(1)or(2), as applicable,or any defect in that notice,will not <br /> affect the validity of any proceedings for the redemption of any 2024A Bonds with respect to which no <br /> failure has occurred. Failure to give any notice specified in(3), or any defect in that notice,will not affect <br /> the validity of any proceedings for the redemption of any 2024A Bonds with respect to which the notice <br /> specified in (1) or (2) is correctly given. Any notice mailed as provided in the Trust Agreement will <br /> conclusively be presumed to have been given regardless of whether received by any Owner. <br /> Notwithstanding anything in the Trust Agreement to the contrary,the only remedy for the Trustee's <br /> failure to post any notice with the EMMA system will be an action by the holders of the 2024A Bonds, as <br /> applicable, in mandamus for specific performance or similar remedy to compel performance. <br /> Any redemption notice,except a redemption notice in respect of a sinking fund payment date,may <br /> state that the redemption to be effected is conditioned upon (1) the Trustee's receipt on or prior to the <br /> redemption date of moneys sufficient to pay the principal of and premium,if any,and interest on the 2024A <br /> Bonds to be redeemed; or (2) any other condition not unacceptable to the Trustee. If a notice contains a <br /> condition and the Trustee either(i)does not receive moneys sufficient to pay the principal of and premium, <br /> if any,and interest on the 2024A Bonds on or prior to the redemption date,or(ii)the stated condition is not <br /> fulfilled,in either case on or prior to the redemption date,then redemption will not be made and the Trustee <br /> must,within a reasonable time, give notice in a manner in which the redemption notice was given that the <br /> moneys were not so received(or condition was not fulfilled)and the redemption was not made. <br /> 2024B Bonds. The 2024B Bonds are not subject to redemption prior to maturity. <br /> SECURITY AND SOURCES OF PAYMENT OF 2024 BONDS <br /> GENERAL <br /> The 2024 Bonds are payable from payments to be made by the County pursuant to the Trust <br /> Agreement and from certain other moneys, including certain Net Proceeds, if any, and certain amounts <br /> realized from any sale or lease of the Mortgaged Property, which payments and other moneys have been <br /> pledged to such payment as provided in the Trust Agreement. <br /> PAYMENT OF BONDS;LIMITED OBLIGATION;BUDGET AND APPROPRIATIONS <br /> The County shall cause to be paid,when due,the principal of(whether at maturity,by acceleration, <br /> or otherwise) and the premium, if any, and interest on the Bonds at the places, on the dates and in the <br /> manner described in the Trust Agreement. The County is obligated to pay Additional Payments in amounts <br /> sufficient to pay the fees and expenses of the Trustee,taxes or other expenses required to be paid pursuant <br /> to the Trust Agreement. Additional Payments are to be paid by the County directly to the person or entity <br /> to which such Additional Payments are owed. <br /> In the Trust Agreement,the County agrees to include in the initial proposal for each of the County's <br /> annual budgets for review and consideration by the Board of Commissioners for the County, in any Fiscal <br /> 6 <br />
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