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03-078 RES
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03-078 RES
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12/3/2007 3:40:16 PM
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City Government
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RES
date
11/12/2003
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due thereon; (2) any balance remaining on the Refunding Date, after payment <br />thereon of all of the principal of and interest on all of the Prior Bonds, in the debt <br />service accounts created for and allocated to the Prior Bonds pursuant to the <br />Council's resolutions adopted in connection with the issuance of the Prior Bonds; <br />(3) the net revenues (as hereinafter defined, the "Net Revenues") of the City's <br />municipal water system and utility, but only in such amounts as shall be <br />necessary, together with other monies in the Debt Service Account and available <br />for such purposes, to pay, when due, the principal of and interest on the Bonds; <br />(4) all collections of any ad valorem taxes levied for the payment of the Bonds; <br />(5) all investment earnings on funds held in the Debt Service Account; and (6) <br />any amounts received by the City upon termination of the Refunding Account. <br />The foregoing funds are hereby pledged to the Debt Service Account, but only in <br />such amounts and at such times as may be necessary, together with other available <br />funds therein (and the same shall be used solely), to pay the principal of and <br />interest on the Bonds, when due. <br /> <br /> As used in this Resolution, the term Net Revenues means the gross revenues <br />derived by the City from the operation of its municipal water system and utility, including all <br />charges for service, use, availability, and connection to said system, and all monies received <br />from the sale of any facilities or equipment of said system or any by-products thereof, less all <br />normal, reasonable, or current costs of owning, operating, and maintaining the system. If any <br />payment of principal or interest on the Bonds shall become due when there are not sufficient <br />funds in the Debt Service Account to pay the same, the City Finance Director shall pay such <br />principal or interest from the general fund or other available fund of the City, and such fund shall <br />be reimbursed for such advances from the proceeds of the Net Revenues or of any general ad <br />valorem taxes hereafter levied for such purpose, when collected. The City hereby covenants that <br />it will impose and collect charges for the service, use, and availability of and connection to the <br />City's municipal water system and utility at the times and in the amounts required to produce Net <br />Revenues adequate, together with other sources of funding available to the Debt Service <br />Account, to pay all principal of and interest on the Bonds, when due. <br /> <br /> Nothing contained herein shall be deemed to preclude the City from making <br />further pledges and appropriations of the Net Revenues of the City's municipal water system and <br />utility for the payment of other or additional obligations of the City, provided that it has first <br />been determined that the estimated Net Revenues will be sufficient, in addition to all other <br />sources, for the payment of the Bonds and such additional obligations, and any such pledge and <br />appropriation of said Net Revenues may be made superior or subordinate to, or on a parity with, <br />the pledge and appropriation herein. With respect to all currently outstanding obligations of the <br />City which are payable from the Net Revenues, the Council hereby determines that the estimated <br />Net Revenues will be sufficient, in addition to all other sources available for such purposes, for <br />the payment of the Bonds and all such other obligations. <br /> <br /> No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire <br />higher yielding investments or to replace funds which were used directly or indirectly to acquire <br />higher yielding investments, except for an available and reasonable "temporary period" until <br />such proceeds are needed for the purpose for which the Bonds were issued, and for any available <br />"minor portion." To this effect, any proceeds of the Bonds and any sums from time to time held <br /> <br />1580841vl 19 <br /> <br /> <br />
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