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2013-001 ORD AUTHORIZING ISSUANCE OF $2,900,000 COP COMBINATION TAX AND SURPLUS REVENUE CERTIFICATES OF OBLIGATION
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2013-001 ORD AUTHORIZING ISSUANCE OF $2,900,000 COP COMBINATION TAX AND SURPLUS REVENUE CERTIFICATES OF OBLIGATION
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1/25/2017 1:44:36 PM
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4/16/2013 12:53:55 PM
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CITY CLERK
CITY CLERK - Date
1/14/2013
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aforesaid Interest and Sinking Fund. Said ad valorem taxes sufficient to provide for the payment of <br />the interest on and principal ofthe Certificates, as such interest comes due and such principal matures, <br />are hereby pledged for such payment, within the limit prescribed by law. <br />Section 6. PLEDGE OF SURPLUS REVENUES. (a) The Certificates, together with other <br />obligations of the Issuer, are additionally secured by a pledge of the revenues of the Issuer's <br />Waterworks and Sewer System (the "System") that remain (i) after payment of all operation and <br />maintenance expenses of the System (constituting the "Net Revenues" of the System) and (ii) after <br />payment of all debt service, reserve and other requirements in connection with all of the Issuer's <br />revenue obligations (now or hereafter outstanding) that are payable from the Net Revenues (such <br />revenues, constituting the "Surplus Revenues" of the System). The Surplus Revenues are hereby <br />pledged to secure the payment of the Certificates. The Issuer shall maintain sufficient rates and <br />charges for the payment of System operations and, if Surplus Revenues are used in lieu of ad valorem <br />taxes for the payment of the debt service requirements of System debt, such rates and charges shall <br />produce sufficient Surplus Revenues therefor. If Surplus Revenues are required for the payment of <br />debt service on the Certificates, the Issuer shall deposit Surplus Revenues to the credit ofthe Interest <br />and Sinking Fund created pursuant to Section 5, to the extent necessary to pay the principal and <br />interest on the Certificates. <br />(b) Notwithstanding the requirements of Section 5, if Surplus Revenues or other lawfully <br />available funds of the Issuer are actually on deposit in the Interest and Sinking Fund in advance of <br />the time when ad valorem taxes are scheduled to be levied for any year, then the amount of taxes <br />which otherwise would have been required to be levied pursuant to Section 5 may be reduced to the <br />extent and by the amount of the revenues then on deposit in the Interest and Sinking Fund. <br />(c) Notwithstanding the requirements of Section 5 and Section 6(b), if Surplus Revenues <br />and/or other lawfully available funds of the Issuer are not on deposit in the Interest and Sinking Fund <br />in advance of the time when ad valorem taxes are scheduled to be levied for any year, but there are <br />budgeted for collection revenues ("Budgeted Revenues") in sufficient amounts to pay the principal <br />and interest coming due on the Certificates in any year, then, subject to the requirements set forth <br />below, the amount of taxes which otherwise would have been required to be levied pursuant to <br />Section 5 may be reduced to the extent and by the amount ofthe Budgeted Revenues. In the event <br />that Budgeted Revenues are to be used to pay principal and interest coming due on the Certificates <br />in any year, the Issuer: <br />(i) shall transfer and deposit in the Interest and Sinking Fund each month an amount of <br />not less than 1/12th of the annual debt service on the Certificates until the amount on deposit <br />in the Interest and Sinking Fund equals the amount required for annual debt service on the <br />Certificates; further, the Issuer shall not transfer any funds from the Issuer's Waterworks and <br />Sewer System Fund to any fund other than the Interest and Sinking Fund until such time as an <br />amount equal to the annual debt service on the Certificates for the then current fiscal year has <br />been deposited in the Interest and Sinking Fund; and, provided further that transfers may be <br />made from the Waterworks and Sewer System Fund to an interest and sinking fund, debt <br />service reserve fund, contingency fund or other fund or account established for the benefit of <br />14 <br />
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