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10963-23-Ordinance Authorizing the Acquisition and Construction of Certain Additions and Improvements to the Municipal Waterworks of the City of South Bend
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10963-23-Ordinance Authorizing the Acquisition and Construction of Certain Additions and Improvements to the Municipal Waterworks of the City of South Bend
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balance to be applied to a reduction in the maximum aggregate amount of the Loan outstanding <br /> other than pursuant to regularly scheduled principal payments or optional redemptions applicable <br /> to the Bonds. A Loan Reduction Payment shall not be applicable unless Loan amounts are held in <br /> the Construction Fund. <br /> "Non-Use Close-out Date" shall mean that date which is the earlier of(a)the first date as <br /> of which the full amount of the Loan has been disbursed on a cumulative basis (which shall also <br /> be deemed to have occurred when and if such amounts have been deposited in the Participant's <br /> Construction Fund) or (b) the date as of which the Participant binds itself that no further Loan <br /> disbursements will be made under this Agreement. <br /> "Non-Use Fee" shall mean a fee in an amount determined by the Finance Authority <br /> charged to compensate it for costs and expenses within the Drinking Water SRF Program. Such <br /> amount shall be the greater of (A) the product of the undrawn balance of the Loan on each <br /> applicable Non-Use Assessment Date multiplied by one percent(1%)or(B)One Thousand Dollars <br /> ($1,000). Such fee shall apply and be payable under Section 5.09 herein with respect to each Non- <br /> Use Assessment Date until the Non-Use Close-out Date shall occur. A Non-Use Fee shall not be <br /> applicable if the full amount of the Loan has been disbursed and deposited in the Participant's <br /> Construction Fund by the Non-Use Assessment Date. <br /> "Non-Use Assessment Date" shall mean [ 1, 20 1 and the first day of each <br /> sixth (6th) calendar month thereafter unless and until the Non-Use Close-out Date occurs in <br /> advance of any such Non-Use Assessment Date. <br /> "Operation and Maintenance"shall mean the activities required to assure the continuing <br /> dependable and economic function of the Drinking Water System, including maintaining <br /> compliance with primary and secondary drinking water standards, as follows: <br /> (1) Operation shall mean the control and management of the united processes <br /> and equipment which make up the Drinking Water System, including financial and <br /> personnel management, records, reporting, laboratory control, process control, safety and <br /> emergency operation planning and operating activities. <br /> (2) Maintenance shall mean the preservation of the functional integrity and <br /> efficiency of equipment and structures by implementing and maintaining systems of <br /> preventive and corrective maintenance, including replacements. <br /> "Plans and Specifications" shall mean the detailed written descriptions of the work to be <br /> done in undertaking and completing the Project, including the written descriptions of the work to <br /> be performed and the drawings, cross-sections, profiles and the like which show the location, <br /> dimensions and details of the work to be performed. <br /> "Preliminary Engineering Report" shall mean the information submitted by the <br /> Participant that is necessary for the Finance Authority to determine the technical, economic and <br /> environmental adequacy of the proposed Project. <br /> "Project" shall mean the activities or tasks identified and described in Exhibit A to this <br /> Agreement, and incorporated herein, as amended or supplemented by the Participant and <br /> consented to by the Finance Authority, for which the Participant may expend the Loan. <br /> "Purchase Account" shall mean the account by that name created by the Drinking Water <br /> SRF Indenture and held as part of the Drinking Water SRF Fund. <br /> "Safe Drinking Water Act" shall mean the Safe Drinking Water Act, 42 U.S.C. §§ 300f <br /> et seq. and other laws, regulations and guidance supplemental thereto, as amended and <br /> supplemented from time to time including the 2014 Appropriations Act. <br /> "SRF Policy Guidelines" shall mean guidance of general applicability (as from time to <br /> time published, amended and supplemented by the Finance Authority) pertaining to participants <br /> utilizing financial assistance in connection with their projects funded in whole or in part through <br /> the Drinking Water SRF Program. <br /> B-4 <br />
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