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Ordinance 3946-23
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Ordinance 3946-23
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4/14/2023 1:23:36 PM
Creation date
4/14/2023 1:20:24 PM
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Ordinances
Ordinance Number
3946-23
Date
4/12/2023
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506242089.1 <br />-13- <br /> <br />Qualified Insurance means any non-cancelable municipal bond insurance policy or <br />surety bond issued by any insurance company licensed to conduct an insurance business in any <br />state of the United States (or by a service corporation acting on behalf of one or more such <br />insurance companies) which insurance company or companies, as of the time of issuance of such <br />policy or surety bond, are currently rated in one of the two highest Rating Categories by any <br />Rating Agency. <br />Qualified Letter of Credit means any irrevocable letter of credit issued by a financial <br />institution for the account of the City on behalf of registered owners of Parity Bonds, which <br />institution maintains an office, agency or branch in the United States and as of the time of <br />issuance of such letter of credit, is currently rated in one of the two highest Rating Categories by <br />any Rating Agency. <br />Rate Covenant means Net Revenue in each fiscal year at least equal to 125% of the <br />amounts required in such fiscal year to be paid as scheduled debt service (principal and interest) <br />on all Parity Bonds, subtracting from scheduled debt service the amount of ULID Assessments <br />collected in such year. Furthermore, in determining compliance with the Rate Covenant, Net <br />Revenues are subject to adjustment to reflect the following: (1) Revenue and Costs of <br />Maintenance and Operation may be adjusted, regardless of then applicable generally accepted <br />accounting principles, for certain items (e.g., to omit unrealized gains or losses in investments) to <br />more fairly reflect the System’s annual operating performance, and (2) absent a written election <br />by a Designated Representative to the contrary, scheduled debt service shall be calculated net of <br />any federal subsidy legally available to pay the principal of or interest on Parity Bonds in the <br />year of calculation. Scheduled debt service shall exclude the payments required to be made with <br />respect to revenue bond anticipation notes to the extent that the ordinance authorizing their
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