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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
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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 /> <br /> -34- <br /> <br /> Notwithstanding anything in Section 7(d) hereof to the contrary, money in the Revenue <br />Bond Fund may be used to pay any arbitrage rebate, if any, to the extent the rebate is attributable <br />to earnings on money in the Revenue Bond Fund. <br /> (b) Payments into Reserve Account. <br /> (1) Establishment. The City hereby agrees that a special account to be known <br />as the “Fund 401 – Public Works Utilities – restricted subaccount for bond reserves” (the <br />“Reserve Account”) shall be maintained for the purpose of securing the payment of the principal <br />of and interest on all Covered Bonds. <br /> The Designated Representative may decide to utilize a Surety Bond to satisfy all or a <br />portion of the Reserve Requirement; provided that the Surety Bond meets the qualifications for <br />Qualified Insurance. Upon such election, the Designated Representative is hereby authorized to <br />execute and deliver a Surety Bond Agreement with a Surety Bond Issuer to effect the delivery of <br />the Surety Bond. Any moneys released from the Reserve Account as a result of the acquisition <br />of a Surety Bond shall be used by the City for capital improvements to the System. <br /> (2) Maintenance of Reserve Requirement. The Reserve Account shall be <br />maintained for the purpose of securing the payment of the principal of and interest on all <br />Covered Bonds. The Bonds shall be Covered Bonds, secured by the Reserve Account. The City <br />hereby covenants that the Reserve Requirement for the Bonds will be fully funded as of the date <br />of issuance of the Bonds, either with cash, Bond proceeds or Qualified Insurance. The City <br />covenants and agrees that from and after the closing and delivery of the Bonds, it will at all <br />times, subject to the foregoing funding requirements, maintain an amount in the Reserve <br />Account at least equal to the Reserve Requirement except for withdrawals therefrom authorized <br />hereinafter, at all times for so long as any Covered Bonds remain outstanding. The Reserve
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