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51-91 $4,750,000 Water System Mortgage Revenue Bonds
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51-91 $4,750,000 Water System Mortgage Revenue Bonds
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5/14/2013 3:06:30 PM
Creation date
9/5/2003 9:59:30 AM
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Office Of Council
Document Type
Ordinances
Date
9/5/2003
Date Adopted
7/15/1991
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be deposited to the credit of the Bond Reserve Fund; and <br /> <br /> (c) the balance of said Proceeds shall be deposited to the credit <br />of the Construction Fund for Project 1991. <br /> <br /> Simultaneously with the delivery of the Series 1991 Bonds, the Issuer <br />shall deposit from Revenues in the custody of the Issuer: (i) into the Bond <br />Reserve Fund the amount determined and set forth in the Certificate of Award; <br />(ii) into the Water Revenue Fund an amount equal to one-twelfth (1/12) of the <br />Operating Expenses during the preceding Fiscal Year; and (iii) the balance into <br />the Water Reserve Fund. <br /> <br /> Section 6. ~ecuritv for the Bonds. As provided in the Indenture, <br />the Bonds shall be special obligations of the Issuer and (a) the Bond Service <br />Charges thereon shall be payable equally and ratably 'solely from the Net <br />Revenues, the Special Funds, the Water Revenue Fund (to the extent moneys therein <br />constitute Net Revenues) and the Water Reserve Fund; and (b) the payment of Bond <br />Service Charges on the Bonds shall be secured (i) by a pledge of and lien on <br />(A) the Special Funds, (B) Net Revenues, (C) the Water Revenue Fund (to the <br />extent the moneys therein constitute Net Revenues) and (D) the Water Reserve <br />Fund, provided, however, that any pledge or lien on any fund, account, revenues, <br />money or other intangible property not in the custody of the Trustee shall be <br />valid and enforceable only to the extent permitted by law and (ii) by the <br />Indenture; provided, however, that nothing herein shall prevent payment of Bond <br />Service Charges on Additional Bonds from being otherwise secured and payable from <br />sources or by property and instruments not applicable to the Series 1991 Bonds <br />and any one or more Series of Additional Bonds or not being secured or protected <br />from sources or by property or instruments applicable to the Series 1991 Bonds <br />or one or more Series of Additional Bonds. <br /> <br /> The Issuer covenants that it will promptly pay from such sources the <br />Bond Service Charges on every Bond issued under the provisions of the Indenture <br />at the places, on the dates and in the manner provided in the Indenture and in <br />said Bonds, according to the true intent and meaning thereof. <br /> <br /> Nothing in this Bond Legislation, the Bonds, or the Indenture, shall <br />represent or constitute a general obligation, debt or bonded indebtedness of the' <br />Issuer and further, nothing therein or herein gives the Holders of any Bonds, and <br />they do not have, the right to have excises, ad valorem taxes or other taxes <br />levied by the Legislative Authority or the Issuer, or by the State or the taxing <br />authority of any other political subdivision, for the payment of Bond Service <br />Charges on the Bonds, but such Bonds are payable solely from the Net Revenues and <br />the Special Funds, and the Water Reserve Fund, as provided in the Indenture; <br />provided, however, that nothing herein shall be deemed to prohibit the Issuer, <br />of its own volition, from using to the extent it is l&wfully authorized to do so, <br />any other resources or revenues for the fulfillment of any of the terms, <br />conditions or obligations of the Indenture or any of the Bonds. <br /> <br /> Section 7. Creation of Funds~ Application of Revenues. The Special <br />Funds, Water Reserve Fun~, Rebate Fund and Water Revenue Fund shall be held and <br />applied as provided in the IndentUre. <br /> <br /> So long as any Bonds secured by the Indenture remain outstanding, all <br />Revenues of the Utility as now constituted or hereafter improved or extended, <br />together with any Revenues available on the date of delivery of the Series 1991 <br />Bonds, shall be deposited in, or constitute a part of, as the case may be, the <br />Water Revenue Fund. <br /> <br /> Section 8. Covenants of Issuer. (a) In addition to other covenants <br />of the Issuer herein and in the Indenture, the Issuer, by issuance of the Series <br />1991 Bonds, covenants and agrees with the Holders of the Bonds that: <br /> <br />-7- <br /> <br /> <br />
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