9523-04 Authorizing the Acquistion, COnstuction and, Installation of Certain Additions

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become worn out or obsolete or other property not required for proper operation and maintenance of the Works. (f.} Except as provided in Section 17 hereof, so long as any of the 2004 Bonds are outstanding, no additional bonds or other obligations pledging any portion of the revenues of the Sewage Works shall be authorized, executed, or issued by the City except such as shall be made subordinate and junior in all respects to the 2004 Bonds, unless all of the 2004 Bonds are redeemed, retired, or defeased coincidentally with the delivery of such additional bonds or other obligations. (g.) The City shall take all action or proceedings necessary and proper to require connection of all property where liquid and solid waste, sewage, night soil, or industrial waste is produced with available sanitary sewers. The City shall, insofar as possible, cause all such sanitary sewers to be connected with the Sewage Works. (h.) This Ordinance shall not be repealed or amended in any respect which will adversely affect the rights of the owners of any 2004 Bonds, nor shall the Common Council adopt any law, ordinance or resolution which in any way adversely affects the rights of such owners so long as any of said bonds or the interest thereon remains unpaid. (i.) The provisions of this Ordinance shall be construed to create a trust in the proceeds of the sale of the 2004 Bonds for the uses and purposes herein set forth. The provisions of this Ordinance shall also be construed to create a trust in the portion of the Net Revenues herein directed to be set apart and paid into the Sinking Fund and for the uses and purposes of said Fund as set forth in this Ordinance. The owners of the 2004 Bonds shall have all of the rights, remedies and privileges set forth under the Act in the event of default in the payment of the principal of or interest on any of the 2004 Bonds or in the event of default with respect to any of the provisions of this Ordinance or the Act. SECTION 19. Tax Covenants. In order to preserve the exclusion of interest on the 2004 Bonds from gross income for federal income tax purposes and as an inducement to purchasers of the 2004 Bonds, the City represents, covenants and agrees that: (a.) No person or entity, other than the City or another state or local governmental unit, will use proceeds of the 2004 Bonds or property financed by the 2004 Bond proceeds other than as a member of the general public. No person or entity other than the City or another state or local governmental unit will own property financed by 2004 Bond proceeds or will have actual or beneficial use of such property pursuant to a lease, a management or incentive payment contract, an arrangement such as take-or-pay or output contract, or any other type of arrangement that differentiates that person's or entity's use of such property from the use by the public at large. (b.) No 2004 Bond proceeds will be loaned to any entity or person other than a state or local governmental unit. No 2004 Bond proceeds will be transferred, directly or indirectly, or deemed transferred to anon-governmental person in any manner that would in substance constitute a loan of the 2004 Bond proceeds. -17-