5.1. & 5.2. SR 11-10-2003 - Laserfiche WebLink

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funds held in the Debt Service Account; and (6) any amounts received by the City upon termination of the Refunding Account. The foregoing funds are hereby pledged to the Debt Service Account, but only in such amounts and at such times as may be necessary, together with other available funds therein (and the same shall be used solely), to pay the principal of and interest on the Bonds, when due. As used in this Resolution, the term Net Revenues means the gross revenues derived by the City from the operation of its municipal water system and utility, including all charges for service, use, availability, and connection to said system, and all monies received from the sale of any facilities or equipment of said system or any by-products thereof, less all normal, reasonable, or current costs of owning, operating, and maintaining the system. If any payment of principal or interest on the Bonds shall become due when there are not sufficient funds in the Debt Service Account to pay the same, the City Finance Director shall pay such principal or interest from the general fund or other available fund of the City, and such fund shall be reimbursed for such advances from the proceeds of the Net Revenues or of any general ad valorem taxes hereafter levied for such purpose, when collected. The City hereby covenants that it will impose and collect charges for the service, use, and availability of and connection to the City's municipal water system and utility at the times and in the amounts required to produce Net Revenues adequate, together with other sources of funding available to the Debt Service Account, to pay all principal of and interest on the Bonds, when due. Nothing contained herein shall be deemed to preclude the City from making further pledges and appropriations of the Net Revenues of the City's municipal water system and utility for the payment of other or additional obligations of the City, provided that it has fzrst been determined that the estimated Net Revenues will be sufficient, in addition to all other sources, for the payment of the Bonds and such additional obligations, and any such pledge and appropriation of said Net Revenues may be made superior or subordinate to, or on a parity with, the pledge and appropriation herein. With respect to all currently outstanding obligations of the City which are payable from the Net Revenues, the Council hereby determines that the estimated Net Revenues will be sufficient, in addition to all other sources available for such purposes, for the payment of the Bonds and all such other obligations. No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except for an available and reasonable "temporary period" until such proceeds are needed for the purpose for which the Bonds were issued, and for any available "minor portion." To this effect, any proceeds of the Bonds and any sums from time to time held in the Refunding Account, the Capital Account and Debt Service Account (or any other City account which will be used to pay principal and interest to become due on the Bonds) in excess of amounts which under then-applicable federal arbitrage regulations may be invested without regard to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by the arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. In addition, the proceeds of the Bonds and money in the Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the Internal Revenue Code of 1986, as amended, and regulations, rulings and decisions thereunder (the "Code"). S:\ADMIN \Resolutions\2003 Resolutions \Unapproved\Bond2.D OC