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03-1462 Utility Bonds
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03-1462 Utility Bonds
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8/3/2005 2:54:16 PM
Creation date
2/15/2005 3:06:10 PM
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City Clerk
City Clerk - Doc Type
Resolutions
City Clerk - Date
12/8/2003
Doc Number
03-1462
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<br />such Paying Agent mailed to such Registered Holder at the address appearing on such registration <br />books or, at the option of such Paying Agent, and at the request and expense of such Registered <br />Holder, by bank wire transfer for the account of such Holder. <br /> <br />This Note is one of an authorized issue of Notes in the aggregate principal amount of <br />$5,400,000 (the "Notes") of like date, tenor and effect, except as to maturity date, interest rate, <br />denomination and number, issued to finance the costs of the Series 2003 Project (as defined in the <br />hereinafter defined Resolution) and to pay certain costs in connection with the issuance of this Note, <br />in and for the Issuer, under the authority of and in full compliance with the Constitution and laws <br />of the State of Florida, particularly Chapter 166, Florida Statutes, the City Charter ofthe City of <br />Casselberry, Florida and other applicable provisions oflaw (the "Act"), and a resolution duly adopted <br />by the City Commission of the Issuer on October 14, 2002 (the "Original Resolution") as <br />supplemented by a resolution, adopted on December 8, 2003 (the "Supplemental Resolution" and <br />together with the Original Resolution, the "Resolution"), and is subject to all the terms and <br />conditions of the Resolution. All capitalized undefined terms used herein shall have the meaning <br />set forth in the Resolution. <br /> <br />This Note and the interest hereon are payable solely from and secured by a lien upon and a <br />pIedge of(1) the Net Revenues (as defined in the Resolution) to be derived from the operation of the <br />Issuer's water, sewer and stormwater utility system (the" System ") and (2) until applied in accordance <br />with the provisions of the Resolution, all moneys, including investments thereof, in the funds and <br />accounts established by the Resolution, except (A) amounts in the Rebate Fund, (B) moneys in any <br />fund or account to the extent such moneys shall be required to pay the Operating Expenses (as <br />defined in the Resolution) in accordance with the terms of the Resolution, and (C) moneys on deposit <br />in a subaccount of the Reserve Account established by the Resolution to the extent such moneys <br />shall be pledged solely for the payment of the Series of Notes for which it was established in <br />accordance with the provisions of the Resolution (collectiveIy, the "Pledged Funds"), subject in each <br />case to the application thereof for the purposes and on the conditions permitted by the Resolution. <br /> <br />It is expressly agreed by the Registered Holder of this Note 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 />Note and that such Holder shall never have the right to require or compel the exercise of any taxing <br />power of the Issuer to the payment of such principal, premium, if any, and interest. This Note and <br />the obligation evidenced hereby shall not constitute a lien upon the System or any other property of <br />the Issuer, but shall constitute a lien only on, and shall be payable solely from, the Pledged Funds <br />in accordance with the terms of the Resolution. <br /> <br />Neither the members ofthe City Commission of the Issuer nor any person executing this Note <br />shall be liable personally hereon or be subject to any personal liability or accountability by reason <br />of the issuance hereof. <br /> <br />REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF THIS NOTE <br />SET FORTH ON THE REVERSE SIDE HEREOF AND SUCH FURTHER PROVISlONS SHALL <br /> <br />B-2 <br />
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