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Authorizing the Issuance of Revenue Bonds re: improvements to the Waterworks, not to exceed Twenty-Two Million Five hundred thousand dollars (22,500,000); including the issuance of notes in anticipation of Bonds.
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Authorizing the Issuance of Revenue Bonds re: improvements to the Waterworks, not to exceed Twenty-Two Million Five hundred thousand dollars (22,500,000); including the issuance of notes in anticipation of Bonds.
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9/24/2009 2:28:11 PM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
6/23/1997
Ord-Res Number
8801-97
Bill Number
52-97
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(b) The Net Revenues in the fiscal year immediately preceding the <br />issuance of any such bonds ranking on a parity with the 1997 Bonds shall be not <br />less than one hundred twenty-five percent (125%) of the maximum annual principal <br />and interest requirements of the then outstanding bonds (including the 1997 Bonds <br />and the Parity Bonds) and the additional parity bonds proposed to be issued; or, <br />prior to the issuance of the additional parity bonds, the water rates and charges <br />shall be increased sufficiently so that the increased rates and charges applied to the <br />previous fiscal year's operations would have produced Net Revenues for the year <br />equal to not less than one hundred twenty-five percent (125%) of the maximum <br />annual principal and interest requirements of the then outstanding bonds and the <br />additional parity bonds proposed to be issued. For purposes of this subsection, the <br />records of the works shall be analyzed and all showings shall be prepared by an <br />independent certified public accountant employed by the City for that purpose. <br />(c) To the extent required by law, the issuance of the proposed <br />additional parity bonds and any necessary increase in water rates and charges shall <br />have been approved by the Indiana Utility Regulatory Commission, or any <br />successor body vested by law with authority to approve bonds and water rates and <br />charges of 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 <br />periods such principal and interest are payable. <br />Unless the Parity Ordinance requires otherwise, in the event available moneys are <br />insufficient to pay debt service on the 1997 Bonds and any parity bonds when due, available <br />moneys shall be applied, after payment of all costs and expenses associated therewith, to the 1997 <br />Bonds and any parity bonds as follows: to the payment to the persons entitled thereto of all unpaid <br />installments of interest then due on, and the unpaid principal of, the 1997 Bonds and any parity <br />bonds, including interest nn any past dt~e principal of any 1997 Bond or parity bond at the rate <br />borne by such 1997 Bond or parity bond, in the order of the maturity of the installments of such <br />interest and the due dates of such principal and, if the amount available shall not be sufficient to <br />pay in full any particular installment of interest or maturity of principal, then to such payment <br />ratably, according to the amounts so due, to the persons entitled thereto, without any <br />discrimination or privilege or any preference of or priority of interest over principal or principal <br />over interest. <br />During the continuance of any default in the payment of either principal of or <br />interest or premium on any 1997 Bonds or parity bonds, no payment shall be made with respect <br />to any subordinate obligations issued pursuant to Section 21(d). Moneys available for payment <br />to holders of such subordinate obligations shall, in the event of an insufficient amount being <br />available to pay all debt service with respect to the subordinate obligations when due, be applied <br />to the subordinate obligations in accordance with the sequence and other terms set forth above <br />-21- <br />
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