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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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Last modified
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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(i) The Issuer will use the proceeds of the Series 1991 <br />Bonds to pay the costs of Project 1991, to fund the Bond Reserve <br />Requirement and to pay expenses of the issuance of the Series 1991 <br />Bonds. <br /> <br /> (ii) The Issuer will at all times prescribe and charge such <br />rates for the services of the Utility and will so restrict Operating <br />Expenses as shall result in Net Revenues sufficient to meet the rate <br />covenant and other requirements of Section 10.02 of the Indenture. <br /> <br /> (iii) The Issuer will segregate the Revenues and the funds <br />established under the Indenture from all other revenues and funds of <br />the Issuer. <br /> <br /> (iv) The Issuer shall, at any and all times, cause to be done <br />all such further acts and things and cause to be executed and <br />delivered all such further instruments as may be necessary to carry <br />out the purpose of the Indenture, Bonds and Bond Legislation or as <br />may be required by Article XVIII of the Constitution of Ohio and <br />will, subject to the provisions of the Indenture, comply with all <br />requirements of law applicable to the Utility and the operation <br />thereof. <br /> <br /> (v) The Issuer will observe and perform all agreements, <br />covenants, undertakings, stipulations and provisions contained in <br />the Bond Legislation, the Indenture and the Bonds, and in all <br />proceedings of the Legislative Authority pertaining to the Bonds or <br />the Utility. <br /> <br /> (b) The Issuer represents and warrants that it is duly <br />authorized by the Constitution and the laws of the State of Ohio, particularly <br />Article XVIII of the Constitution of Ohio and the Charter, to issue the Series <br />1991 Bonds authorized hereby and to execute the Indenture, and to pledge the <br />Special Funds and the Water Revenue Fund and the Water Reserve Fund in the manner <br />and to the extent herein and in the Indenture set forth; all acts, conditions and <br />things necessary to be done precedent to and in the issuance of the Series 1991 <br />Bonds in order to make such Series 1991 Bonds legal, valid and binding special <br />obligations of the Issuer have, or prior to the delivery thereof will have, <br />happened, been done and performed in regular and due form as required by law and <br />the Charter; and no limitation of indebtedness or taxation, either statutory or <br />constitutional, is applicable to the Series 1991 Bonds or their issuance. <br /> <br /> (c) It is further found and determined, and is hereby <br />represented and recited, that the provisions of the Charter and the rules of this <br />Legislative Authority have been fully complied with and that this Bond <br />Legislation was adopted in conformity therewith. <br /> <br /> (d) All of the obligations and duties of the Issuer and its <br />officers in its behalf, under the Bonds, the Bond Legislation and the Indenture <br />are hereby established as duties specifically enjoined by law and resulting from <br />an office, trust or station of the Issuer and its officers within the meaning of <br />Section 2731.01, Ohio Revised Code. <br /> <br /> (e) The Issuer has not heretofore made or suffered to exist <br />any pledges of or liens on the Special Funds, the Water Revenue. Fund or Water <br />Reserve Fund. Except as permitted by the Indenture, the Issuer will not make any <br />pledge or assignment of or create any lien or encumbrance upon the Net Revenues, <br />th® Special Funds or the Water Revenue Fund or Water Reserve Fund having a <br />priority higher than or equal to that of the Bonds. <br /> <br /> Section 9. Th~ IDde~ture and Other Document~. <br /> <br />-8- <br /> <br /> <br />
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