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19-3143 Issuing Utility System Revenue Bond, Series 2019
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19-3143 Issuing Utility System Revenue Bond, Series 2019
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12/11/2019 5:14:34 PM
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12/11/2019 5:14:29 PM
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City Clerk
City Clerk - Doc Type
Resolutions
City Clerk - Date
12/9/2019
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registration books or, at the option of such Paying Agent, and at the request and expense of such <br />Registered Holder, by bank wire transfer for the account of such Holder. <br />This Bond is one of an authorized issue of Bonds in the aggregate principal amount of <br />$8,000,000 (the "Bonds") of like date, tenor and effect, except as to maturity date, interest rate, <br />denomination and number, issued to finance the Issuer's meter replacement program and certain <br />other capital costs relating to the System (the "Series 2019 Project) and to pay certain costs in <br />connection with the issuance of this Bond, in and for the Issuer, under the authority of and in full <br />compliance with the Constitution and laws of the State of Florida, particularly Chapter 166, Florida <br />Statutes, the City Charter of the City of Casselberry, Florida and other applicable provisions of <br />law (the "Act"), and a resolution duly adopted by the City Commission of the Issuer on October <br />14, 2002 (the "Original Resolution") as supplemented by a resolution adopted on December 9, <br />2019 (the "Supplemental Resolution" and together with the Original Resolution, the "Resolution"), <br />and is subject to all the terms and conditions of the Resolution. All capitalized undefined terms <br />used herein shall have the meaning set forth in the Resolution. <br />This Bond and the interest hereon are payable solely from and secured by a lien upon and <br />a pledge of (1) the Net Revenues (as defined in the Resolution) to be derived from the operation <br />of the Issuer's water, sewer and stormwater utility system (the "System") and (2) until applied in <br />accordance with the provisions of the Resolution, all moneys, including investments thereof, in <br />the funds and accounts established by the Resolution, except (A) amounts in the Rebate Fund, (B) <br />moneys in any fund or account to the extent such moneys shall be required to pay the Operating <br />Expenses (as defined in the Resolution) in accordance with the terms of the Resolution, and (C) <br />moneys on deposit in a subaccount of the Reserve Account established by the Resolution to the <br />extent such moneys shall be pledged solely for the payment of the Series of Bonds for which it <br />was established in accordance with the provisions of the Resolution (collectively, the "Pledged <br />Funds"), subject in each case to the application thereof for the purposes and on the conditions <br />permitted by the Resolution. <br />It is expressly agreed by the Registered Holder of this Bond that the full faith and credit of <br />the Issuer are not pledged to the payment of the principal of, premium, if any, and interest on this <br />Bond and that such Holder shall never have the right to require or compel the exercise of any <br />taxing power of the Issuer to the payment of such principal, premium, if any, and interest. This <br />Bond and the obligation evidenced hereby shall not constitute a lien upon the System or any other <br />property of the Issuer, but shall constitute a lien only on, and shall be payable solely from, the <br />Pledged Funds in accordance with the terms of the Resolution. <br />No Optional Redemption. <br />The Series 2019 Bond is not subject to optional redemption by the Issuer prior to maturity. <br />Changes in Interest Rate. <br />In the event of a default, the interest rate will be the interest rate on the Series 2019 Bond <br />then in effect, plus 2.00%. <br />A-2 <br />
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