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Bill No. 49-23 Revenue Bonds Authorizing the Acquisition & Construction of the Municipal Waterworks
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Bill No. 49-23 Revenue Bonds Authorizing the Acquisition & Construction of the Municipal Waterworks
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8/24/2023 3:30:14 PM
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8/23/2023 4:16:42 PM
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do not include any rates or charges in lieu of taxes made and collected by the Waterworks and <br />transferred to the City in accordance with the Act) of the waterworks of the City, including the <br />works constructed and acquired with the proceeds of the bonds of this issue, and all additions and <br />improvements thereto and replacements thereof subsequently constructed or acquired. <br />The City irrevocably pledges the entire Net Revenues of the waterworks to the prompt <br />payment of the principal of and interest on the bonds authorized by the Ordinance, of which this <br />is one, the Parity Bonds and any bonds ranking on a parity therewith, [including the Series <br />Bonds,] to the extent necessary for that purpose, and covenants that it will cause to be fixed, <br />maintained and collected such rates and charges for services rendered by the utility as are sufficient <br />in each year to (i) provide for the payment of the proper and reasonable expenses of[Operation <br />and Maintenance (as defined in the Financial Assistance Agreement)] OR [operation, repair and <br />maintenance] of the waterworks, (ii) provide for the payment of the sums required to be paid into <br />the Sinking Fund under the provisions of the Act and the Ordinance, and (iii) comply with and <br />satisfy all covenants contained in the Ordinance and any Financial Assistance Agreement. If the <br />City or the proper officers thereof shall fail or refuse to so fix, maintain and collect such rates or <br />charges, or if there be a default in the payment of the interest on or principal of this bond, the <br />owner of this bond shall have all of the rights and remedies provided for under Indiana law. <br />The bonds shall be initially issued in a Book Entry System (as defined in the Ordinance). <br />The provisions of this bond and of the Ordinance are subject in all respects to the provisions of the <br />Letter of Representations between the City and DTC, or any substitute agreement, effecting such <br />Book Entry System.] <br />The City further covenants that it will set aside and pay into its Sinking Fund monthly, as <br />available, or more often if necessary, a sufficient amount of the Net Revenues of the works for <br />payment of(a)the interest on all bonds which by their terms are payable from the revenues of the <br />waterworks,as such interest shall fall due,(b)the necessary fiscal agency charges for paying bonds <br />and interest, (c) the principal of all bonds which by their terms are payable from the revenues of <br />the waterworks, as such principal shall fall due,and(d)an additional amount as a margin of safety <br />to maintain the debt service reserve required by the Ordinance. Such required payments shall <br />constitute a first charge against the Net Revenues of said works, on a parity with the Parity Bonds <br />and the Series_Bonds]. <br />The 202_ Bonds maturing on and after are redeemable at the option of the <br />City on 1, 20_, or any date thereafter, on thirty(30)days' notice, in whole or in <br />part, in [inverse/any] order of maturity and by lot within a maturity, at face value, [together with <br />the following premiums: <br />if redeemed on 1, 20 or thereafter <br />on or before 20 ; <br />if redeemed on 1, 20 or thereafter <br />on or before 20 ; <br />if redeemed on 1, 20_, or thereafter <br />prior to maturity;] <br />plus in each case accrued interest to the date fixed for redemption. <br />14-
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