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Ord 1999-004
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Ord 1999-004
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Last modified
9/18/2007 4:21:43 PM
Creation date
8/10/2006 4:06:26 PM
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Template:
City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Certificates of Obligation
Number
1999-4
Date
2/8/1999
Volume Book
135
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<br />(d) The City has secured from a Certified Public Accountant a certificate or report reflecting <br />that for the fiscal year next preceding the date ofthe proposed Additional Parity Obligations or a consecutive <br />twelve (12) month period out of the fifteen (15) month period next preceding the month in which the <br />ordinance authorizing the proposed Additional Parity Obligations is adopted, the "net revenues" of the <br />System were equal to at least 1.20 times the combined average annual principal and interest requirements <br />on all Parity Revenue Obligations to be outstanding after the issuance of the proposed Additional Parity <br />Obligations. In making a determination of such net revenues, the Certified Public Accountant may take into <br />consideration a change in the rates and charges for services and facilities afforded by the System that became <br />effective at least sixty (60) days prior to the last day ofthe period for which such net revenues are determined <br />and, for purposes of satisfYing such net revenues test, make a pro forma determination of such net revenues <br />for the period of time covered by the certificate or report based upon such change in rates and charges as <br />being in effect for the entire period covered by the certificate or report. The term "net revenues" as used in <br />this Section 9.02 shall mean the gross revenues of the System after deduction of maintenance and operating <br />expenses, but not deducting depreciation or expenditures which, under standard accounting practices, are <br />classed as capital expenditures. <br /> <br />(e) The Additional Parity Obligations are made to mature on February 15 or August 15, either <br />or both, of each year in which they are scheduled to mature. <br /> <br />(1) The ordinance authorizing the Additional Parity Obligations provides (i) thatthe Interest and <br />Sinking Fund be augmented by amounts adequate to accumulate the sum required to pay the principal and <br />interest on such obligations as the same shall become due, and (ii) the amount to be accumulated and <br />maintained in the Reserve Fund, or such amount together with the amount or amounts any Surety Policy or <br />Policies, shall be increased to an amount not less than the average annual principal and interest requirements <br />of all Parity Revenue Obligations to be outstanding after giving effect to the issuance of the proposed <br />additional obligations, and any additional amount required to be maintained in the Reserve Fund shal1 be <br />accumulated within sixty-one months from the date of delivery of such Additional Parity Obligations. <br /> <br />(g) Parity Revenue Obligations may be refunded (pursuant to any law then available) upon such <br />terms and conditions as the governing body of the City may deem to be in the best interest of the City and <br />its inhabitants; and if less than all such outstanding Parity Revenue Obligations are refunded, the proposed <br />refunding obligations shall be considered as "Additional Parity Obligations" under the provisions of this <br />Section, and the report or certificate required by paragraph (d) shall give effect to the issuance of the <br />proposed refunding obligations and shall not give effect to the obligations being refunded. <br /> <br />ARTICLE X <br /> <br />PARTICULAR REPRESENTATIONS AND COVENANTS <br /> <br />Section 10.01. Rates and Charges. <br /> <br />The City covenants and agrees with the Owners of the Bonds that so long as any Parity Revenue <br />Obligations, or any interest thereon, remain outstanding and unpaid, it will charge and collect for services <br />rendered by the System amounts sufficient at all times to: <br /> <br />(a) Pay all operating, maintenance, depreciation, replacement and betterment expenses, and <br />other costs deductible in determining Net Revenues; <br /> <br />(b) Establish and maintain the Interest and Sinking Fund and Reserve Fund created for the <br />payment and security of the Parity Revenue Obligations; and <br /> <br />R:\SASMAR\ wwss. 99\OOCS'.ORDNCED 1. WPD <br /> <br />25 <br />
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