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<br />I <br /> <br />I <br /> <br />- <br /> <br />(c) Each of the Funds created for the payment, secunty and benefit of the Panty Revenue <br />OblIgatlOns contams the amount of money then reqUIred to be on deposIt therem. <br /> <br />(d) The CIty has secured from a Certlfied Pubhc Accountant a certlficate or report reflectmg that <br />for the fiscal year next precedmg the date of the proposed Addltional Parity ObhgatlOns or a consecutive twelve <br />(12) month penod out of the fifteen (IS) month penod next precedmg the month m whlch the ordmance <br />authonzmg the proposed AddItlOnal Panty ObhgatlOns IS adopted, the "net revenues" of the System were equal <br />to at least 1.20 times the combmed average annual prmcIpal and mterest reqUIrements on all Panty Revenue <br />ObhgatlOns to be outstandmg after the lssuance of the proposed Addlhonal Panty OblIgatlOns In makmg a <br />determmatlon of such net revenues, the Certlfied PublIc Accountant may take into conslderatlOn a change m the <br />rates and charges for servlces and facIlltles afforded by the System that became effechve at least SlXty (60) days <br />pnor to the last day of the pcnod for whIch such net revenues are determmed and, for purposes of sahsfYmg such <br />net revenues test, make a pro forma determmation of such net revenues for the penod of hme covered by the <br />certlficate or report based upon such change m rates and charges as bemg m effect for the entire penod covered <br />by the certlficate or report. The term "net revenues" as used m thiS Sechon 9 02 shall mean the gross revenues <br />of the System after deductlOn of mamtenance and operating expenses, but not deducting deprecIatlOn or <br />expendltures whlch, under standard accountmg prachces, are classed as capltal expendltures <br /> <br />(e) The Addlhonal Parlty ObhgatlOns are made to mature on February IS or August IS, eIther or <br />both, of each year m whIch they are scheduled to mature. <br /> <br />(f) The ordmance authonzlllg the AddItlOnal Parlty ObhgatlOns proVIdes (1) that the Interest and <br />Smkmg Fund be augmented by amounts adequate to accumulate the sum reqUIred to pay the pnncIpal and mterest <br />on such oblIgatlOns as the same shall become due, and (li) the amount to be accumulated and mallltamed m the <br />Reserve Fund, or such amount together WIth the amount or amounts any Surety Pohcy or Pohcles, shall be <br />mcreased to an amount not less than the average annual princlpal and mterest reqUIrements of all Panty Revenue <br />ObhgatlOllS to be outstandmg after glVlng effect to the lssuance of the proposed addlhonal oblIgatIOns, and any <br />adilltlOnal amount required to be maintamed m the Reserve Fund shall be accumulated Wlthrn slxty-one months <br />from the date of dehvery of such AddIhonal ParIty Obhgations <br /> <br />(g) Parlty Revenue OblIgatlOns may be refunded (pursuant to any law then available) upon such <br />terms and condItlOns as the govemmg body of the Clty may deem to the best mterest of the Clty and ItS <br />mhabItants, and liless than all such outstandmg Parlty Revenue OblIgatIons are refunded, the proposed refundmg <br />obhgatlOllS shall be consldered as "AddltlOnal Panty OblIgahons" under the provlslons of thlS SectIOn, and the <br />report or certIficate reqUIred by paragraph (d) shall glve effect to the Issuance of the proposed refundmg <br />obligatlOns and shall not gIve effect to the obhgatlOns bemg refunded. <br /> <br />ARTICLE X <br /> <br />P ARTICULAR REPRESENT A TIONS AND COVENANTS <br /> <br />SectlOn 10 0 I, Rates and Charges <br /> <br />The Clty covenants and agrees Wlth the Owners of the Bonds that so long as any Parlty Revenue <br />ObhgatlOns, or any mterest thereon, remalll outstandmg and unpaid, lt w111 charge and collect for servIces <br />rendered by the System amounts sufficlent at all tlmes to' <br /> <br />R:~A.."""MAR.\W'VIS.S.Sl7\DOCS\ORDNCE <br /> <br />25 <br />