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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 /> -46- <br /> <br />Such “historical net revenue” or “net revenue” shall be adjusted to reflect the rates and <br />charges effective on the date of such certificate if there has been any change in such rates and <br />charges during or after such 12-consecutive-month period. <br /> (e) Junior Liens. Nothing herein contained shall prevent the City from issuing <br />revenue bonds or other obligations that are a charge upon the Revenue of the System junior or <br />inferior to the payments required by this ordinance to be made out of such Revenue into the <br />Revenue Bond Fund and accounts therein to pay and secure the payment of any Outstanding <br />Parity Bonds. <br /> (f) Refunding to avoid default. Nothing herein contained shall prevent the City <br />from issuing revenue bonds to refund maturing Parity Bonds for the payment of which money is <br />not otherwise available. <br /> Section 10. Tax Covenants. The City covenants that it will not take or permit to be <br />taken on its behalf any action that would adversely affect the exemption from federal income <br />taxation of the interest on the Bonds and will take or require to be taken such acts as may <br />reasonably be within its ability and as may from time to time be required under applicable law to <br />continue the exemption from federal income taxation of the interest on the Bonds. <br /> (a) Arbitrage Covenant. Without limiting the generality of the foregoing, the City <br />covenants that it will not take any action or fail to take any action with respect to the proceeds of <br />sale of the Bonds or any other funds of the City which may be deemed to be proceeds of the <br />Bonds pursuant to Section 148 of the Code and the regulations promulgated thereunder which, if <br />such use had been reasonably expected on the dates of delivery of the Bonds to the initial <br />purchasers thereof, would have caused the Bonds as “arbitrage bonds” within the meaning of <br />such term as used in Section 148 of the Code.
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