5.1 ERMUSR 05-11-2021 - Laserfiche WebLink

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EL185-69-713323.v1 8 4.03. Commission Covenants. The Commission covenants and agrees with the holders of the Bonds that so long as any of the Bonds remain outstanding and unpaid, it will keep and enforce the following covenants and agreements: (a) The Commission will continue to maintain and efficiently operate the Utility System as public utilities and conveniences free from competition of other like municipal utilities and will cause all revenues therefrom to be deposited in bank accounts and credited to the Utility System accounts as hereinabove provided, and will make no expenditures from those accounts except for a duly authorized purpose and in accordance with this resolution. (b) The Commission will also maintain the Debt Service Fund as a separate account and will cause money to be credited thereto from time to time, out of Net Revenues from the Utility System in sums sufficient to pay principal of and interest on the Bonds when due. (c) The Commission will keep and maintain proper and adequate books of records and accounts separate from all other records of the Commission in which will be complete and correct entries as to all transactions relating to the Utility System and which will be open to inspection and copying by any bondholder, or the bondholder's agent or attorney, at any reasonable time, and it will furnish certified transcripts therefrom upon request and upon payment of a reasonable fee therefor, and said account will be audited at least annually by a qualified public accountant and statements of such audit and report will be furnished to all bondholders upon request. (d) The Commission will cause persons handling revenues of the Utility System to be bonded in reasonable amounts for the protection of the Commission and the bondholders and will cause the funds collected on account of the operations of the Utility System to be deposited in a bank whose deposits are guaranteed under the Federal Deposit Insurance Law. (e) The Commission will keep the Utility System insured at all times against loss by fire, tornado and other risks customarily insured against with an insurer or insurers in good standing, in such amounts as are customary for like plants, to protect the holders, from time to time, of the Bonds and the Commission from any loss due to any such casualty and will apply the proceeds of such insurance to make good any such loss. (f) The Commission and each and all of its officers will punctually perform all duties with reference to the Utility System as required by law. (g) The Commission will impose and collect charges of the nature authorized by Minnesota Statutes, Section 444.075 at the times and in the amounts required to produce Net Revenues adequate to pay all principal and interest when due on the Bonds , and any other bonds similarly authorized, and to create and maintain such reserves securing said payments as may be provided in this resolution. 205