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94-056 RES
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94-056 RES
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12/3/2007 2:36:17 PM
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6/28/2005 9:57:10 AM
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City Government
type
RES
date
5/23/1994
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<br />e <br /> <br />e <br /> <br />e <br /> <br />such purpose, when collected. The City hereby covenants that it <br />will impose and collect charges for the service, use, and <br />availability of and connection to the City's municipal sanitary <br />sewer system, at the times and in the amounts required to produce <br />Net Revenues adequate, together with other sources of funding <br />available to the Debt Service Account, to pay all principal of <br />and interest on the Bonds, when due. <br /> <br />Nothing contained herein shall be deemed to preclude <br />the city from making further pledges and appropriations of the <br />Net Revenues of the City's municipal sanitary sewer system for <br />the payment of other or additional obligations of the City, <br />provided that it has first been determined that the estimated Net <br />Revenues of the City's municipal sanitary sewer system will be <br />sufficient, in addition to all other sources, for the paYment of <br />the Bonds and such additional obligations, and any such pledge <br />and appropriation of said Net Revenues may be made superior or <br />subordinate to, or on a parity with, the pledge and appropriation <br />herein. <br /> <br />No portion of the proceeds of the Bonds shall be used <br />directly or indirectly to acquire higher yielding investments or <br />to replace funds which were used directly or indirectly to <br />acquire higher yielding investments, except (1) for a reasonable <br />temporary period until such proceeds are needed for the purpose <br />for which the Bonds were issued and (2) in addition to the above <br />in an amount not greater than the lesser of five percent (5%) of <br />the "issue price" of the Bonds or $100,000. To this effect, any <br />proceeds of the Bonds and any sums from time to time held in the <br />capital Account or Debt Service Account in excess of amounts <br />which under then-applicable federal arbitrage regulations may be <br />invested without regard to yield shall not be invested at a yield <br />in excess of the applicable yield restrictions imposed by said <br />arbitrage regulations on such investments after taking into <br />account any applicable "temporary periods" or "minor portion" <br />made available under the federal arbitrage regulations. Money in <br />the Fund shall not be invested in obligations or deposits issued <br />by, guaranteed by or insured by the United States or any agency <br />or instrumentality thereof if and to the extent that such <br />investment would cause the Bonds or any Additional Bonds to be <br />"federally guaranteed" within the meaning of Section 149(b) of <br />the federal Internal Revenue Code of 1986, as amended (the <br />"Code"). <br /> <br />17. 105% Debt Service Coverage. It is hereby <br />determined and reasonably anticipated that the estimated <br />collections of the Net Revenues and the other revenues available <br />to the Debt Service Account will produce-at least 5% in excess of <br />the amount needed to meet, when due, the principal of and <br />interest on the Bonds, and accordingly no ad valorem tax levy is <br /> <br />264042. 1 <br /> <br />16 <br />
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