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2010-010 RES ESTABLISHING AND APPROVING POLICY GOVERNING UTILITY RATES & RESERVESRESOLUTION NO. 2010-010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ESTABLISHING AND APPROVING A POLICY GOVERNING UTILITY RATES AND RESERVES; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the refunding of all City of Paris water and sewer revenue debt obligations into a general obligation refunding bond effectively eliminates the rate covenants included in all ordinances dealing with water and sewer system debt issues; and, WHEREAS, the City's Financial Advisor and Bond Counsel recommended that the City adopt a water and sewer rate and reserve policy that requires an identical maintenance of water and sewer rates and associated reserves; and, WHEREAS, the proposed Water & Sewer Rate Maintenance Policy, attached hereto as Exhibit "A", should in all things be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, THAT: Section 1. The findings set out in the preamble to this resolution are hereby in all things approved. Section 2. The Water & Sewer Rate Maintenance Policy, attached hereto as Exhibit "A" be, and the same is hereby approved. Section 3. This resolution shall be effective immediately upon passage. DULY PASSED AND APPROVED this 25th day of January, 2010. z Z/t ~ I ~ " ~ esse Jame reelen, Mayor ATTEST: CQQ".10 nice Ellis, City Clerk APPROVED AS TO FORM: ~ W. Kent McIlya Ci Attorney WATER & SEWER RATE MAINTENANCE POLICY In order to safeguard the financial integrity of the City of Paris' Water Works and Sewer System, the City Council hereby establishes the following policy regarding the setting of rates and the establishment of necessary reserves and interest & sinking funds. Section 1. MAINTENANCE OF RATES. The City of Paris agrees that it will at all times charge and collect for services rendered by the System rates and other charges that will produce gross revenues sufficient to pay all expenses of the System's operation, maintenance, improveriaent, replacement, and expansion including expenses paid to the City's General Fund for administrative services and utility franchise fees and to provide net revenues equal to 1.1 times the principal and interest payments on all outstanding debt of the System. Section 2. Interest & Sinking Fund(s). An interest & sinking fund(s) shall be established for the purpose of paying the principal and interest payments of any outstanding System bonds or certificates of obligation. The interest and sinking fund(s) will be funded from net system revenues by monthly deposits in amounts sufficient to pay the next maturing principal and interest payment. Section 3. Reserve Fund A Reserve Fund will be accumulated and maintained for all outstanding debt issues in an amount equal to the average annual principal and interest requirements for all outstanding debt issues. When debt is issued, the Reserve Fund must accumulate any additional reserves needed within five years of the new debtissuance. Section 4. Contingency Fund Further security will be provided by a$500,000 Contingency Fund to be accumulated over no longer than a five year period and maintained at the City's depository for the purpose of paying the cost of any repairs or extensions to the System for which no other funds are available. The Contingency Fund may also be used to pay principal and interest payments on outstanding System debt if there is a deficiency in the Interest & Sinking Fund and the Reserve Fund. EXHIBiT A