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Refunding of Outstanding Sewage Works Revenue Bonds of 2006, 2007B in the Principal Amount not to Exceed $28,000,000
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Refunding of Outstanding Sewage Works Revenue Bonds of 2006, 2007B in the Principal Amount not to Exceed $28,000,000
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Last modified
12/2/2015 12:24:16 PM
Creation date
12/2/2015 12:24:06 PM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
11/23/2015
Ord-Res Number
10406-15
Bill Number
71-15
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services rendered by said Sewage Works,to be paid by the owner of each and every lot,parcel of <br /> real estate or building that is connected with and uses said Sewage Works by or through any part <br /> of the sewage system of the City, or that in any way uses or is served by such Works. Such rates <br /> or charges shall be sufficient in each year for the payment of the proper and reasonable expenses <br /> of operation, repair and maintenance of the Works, for depreciation and improvement, and for <br /> the payment of the sums required to be paid into the Sinking Fund. Such rates or charges shall, <br /> if necessary, be changed and readjusted from time to time so that the revenues therefrom shall <br /> always be sufficient to meet the expenses of operation, repair and maintenance, depreciation and <br /> improvement, and the requirements of the Sinking Fund; and such rates or charges shall be in an <br /> amount sufficient in each year to produce Net Revenues at least equal to 1.1 times the greater of <br /> the average annual debt service on the Prior Bonds, the 2015 Bonds and all bonds on a parity <br /> therewith or the debt service payable during the next succeeding twelve calendar months on the <br /> Prior Bonds, the 2015 Bonds and all bonds on a parity therewith. For these purposes, the interest <br /> rate on variable rate debt shall be assumed to be the average interest rate thereon in the preceding <br /> calendar year. <br /> SECTION 19. Defeasance. If, when the 2015 Bonds or a portion thereof shall <br /> have become due and payable in accordance with their terms or shall have been duly called for <br /> redemption or irrevocable instructions to call the 2015 Bonds or a portion thereof for redemption <br /> shall have been given, and the whole amount of the principal, premium, if any, and the interest <br /> so due and payable upon such 2015 Bonds or any portion thereof then outstanding shall be paid, <br /> or (i) cash, (ii) direct non-callable obligations of(including obligations issued or held in book- <br /> entry form on the books of) the U.S. Department of the Treasury, the principal of and the interest <br /> on which when due without reinvestment will provide sufficient money, or (iii) any combination <br /> of the foregoing, shall be held irrevocably in trust for such purpose, and provision shall also be <br /> made for paying all fees and expenses for the payment, then and in that case the 2015 Bonds or <br /> such designated portion thereof shall no longer be deemed outstanding or secured by this <br /> Ordinance or entitled to the pledge of the Net Revenues. <br /> SECTION 20. Additional Bonds. The City reserves the right to authorize and <br /> issue additional bonds, payable out of the revenue of its Sewage Works, ranking on a parity with <br /> the 2015 Bonds for the purpose of financing the cost of future additions, extensions and <br /> improvements to the Sewage Works or to provide for a complete or partial refunding of the 2015 <br /> Bonds or other bonds payable out of the revenues of the Sewage Works, subject to the following <br /> conditions: <br /> (a) The interest on and principal of all bonds payable from the revenues of the <br /> Sewage Works shall have been paid to date in accordance with the terms thereof, provided, this <br /> condition shall be deemed satisfied if any required amount is to be provided from the proceeds of <br /> the parity bonds or other funds of the City. <br /> (b) All required deposits to the Sinking Fund shall have been made in <br /> accordance with the provisions of this Ordinance. <br /> (c) The Net Revenues of the Sewage Works in the fiscal year immediately <br /> preceding the issuance of any such bonds ranking on a parity with the 2015 Bonds shall be not <br /> less than one hundred twenty-five percent (125%) of the maximum annual interest and principal <br /> - 15 - <br />
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