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Amend & Restating Ordinance #9027-99 Concerning Construction of Improvements to Wworks, amount not to exceed $2,6000,000
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Amend & Restating Ordinance #9027-99 Concerning Construction of Improvements to Wworks, amount not to exceed $2,6000,000
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Last modified
5/15/2009 1:50:10 PM
Creation date
11/21/2008 3:58:33 PM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
2/28/2000
Ord-Res Number
9095-00
Bill Number
23-00
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irrevocably in trust for such purpose, and provision shall also be made for paying all fees and <br />expenses for the payment, then and in that case the 2000 Bonds or such designated portion thereof <br />shall no longer be deemed outstanding or secured by this Amended Ordinance or entitled to the <br />pledge of the Net Revenues. <br />SECTION 20. Additional Bonds. The City reserves the right to issue additional <br />bonds payable out of the Net Revenues ranking on a parity with the 2000 Bonds for the purpose of <br />financing the cost of future additions, extensions and improvements to the works, or after the Prior <br />Bonds are no longer outstanding to provide for a complete or partial refunding of obligations, subj ect <br />to the following conditions precedent: <br />(a) The interest on and principal of all bonds payable from the Net <br />Revenues shall have been paid to date in accordance with the terms thereof, and all <br />required payments into the Sinking Fund required by this Amended Ordinance shall <br />have been made. The Reserve Requirement shall be satisfied for the additional Parity <br />Bonds either at the time of delivery of the additional Parity Bonds orover afive-year <br />or shorter period, in a manner which is commensurate with the requirements <br />established in Section 14 of this Amended Ordinance. <br />(b) The Net Revenues in the fiscal year immediately preceding the <br />issuance of any such bonds ranking on a parity with the 2000 Bonds shall be not less <br />than one hundred twenty-five percent (125%) of the maximum annual principal and <br />interest requirements of the then outstanding bonds (including the 2000 Bonds and <br />the Prior Bonds) and the additional Parity Bonds proposed to be issued; or, prior to <br />the issuance of the additional Parity Bonds, the water rates and charges shall be <br />increased sufficiently so that the increased rates and charges applied to the previous <br />fiscal year's operations would have produced Net Revenues for the year equal to not <br />less than one hundredtwenty-five percent (125%) of the maximum annual principal <br />and interest requirements of the then outstanding bonds and the additional Parity <br />Bonds proposed to be issued. For purposes of this subsection, the records of the <br />works shall be analyzed and all showings shall be prepared by an independent <br />certified public accountant employed by the City for that purpose. <br />(c) To the extent required by law, the issuance of the proposed additional <br />Parity Bonds and any necessary increase in water rates and charges shall have been <br />approved by the Indiana Utility Regulatory Commission, or any successor body <br />vested by law with authority to approve bonds and water rates and charges of <br />municipal waterworks. <br />(d) The principal of said additional Parity Bonds shall be payable on <br />January 1 and the interest shall be payable on January 1 and July 1 during the periods <br />such principal and interest are payable. <br />(e) If the Bonds are sold to the Indiana Bond Bank or the State of Indiana <br />to finance Eligible Costs, (i) the City obtains the consent of the State of Indiana, (ii) <br />-22- <br />
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