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94-123 RES
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94-123 RES
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12/3/2007 2:36:07 PM
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7/6/2005 3:44:55 PM
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City Government
type
RES
date
11/28/1994
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<br />e <br /> <br />e <br /> <br />e <br /> <br />,collected. The City hereby covenants that it will impose and <br />collect charges for the service', use, and availability of and <br />connection to the City's municipal water system at the times and <br />in the amounts required to produce Net Revenues adequate, <br />together with other sources of funding available to the Debt <br />Service Account, to pay all principal of and interest on the <br />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 water system for the payment <br />of other or additional obligations of the City, provided that it <br />has first been determined that the estimated Net Revenues of the <br />City's municipal water system will be sufficient, in addition to <br />all other sources, for the payment of the Bonds and such <br />additional obligations, and any such pledge and appropriation of <br />said Net Revenues may be made superior or subordinate to, or on a <br />parity with, the pledge and appropriation herein. With respect <br />to any currently outstanding obligations of the City which are <br />payable from the Net Revenues, the Council hereby determines that <br />the estimated Net Revenues will be sufficient, in addition to all <br />other sources available for such purposes, for the payment of the <br />Bonds and all such other obligations. <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 />276405.1 <br /> <br />16 <br />
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