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Ordinance 4083-25
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Ordinance 4083-25
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3/20/2025 1:25:38 PM
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Ordinances
Ordinance Number
4083-25
Date
3/19/2025
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Registered Owner, with the physical bond certificates held by and immobilized in the custody of the <br />Securities Depository (or its designee), where the system for recording and identifying the transfer of <br />the ownership interests of the Beneficial Owners in those Bonds is neither maintained by nor the <br />responsibility of the City or the Bond Registrar. <br />(16) "Capital Appreciation Bonds" means any series of Future Parity Bonds, all or <br />a portion of the interest on which is compounded, accumulated, and payable only upon redemption or <br />on the maturity date of such Capital Appreciation Bonds. A series of Future Parity Bonds may be <br />deemed to be Capital Appreciation Bonds for only a portion of their term. Beginning on the date on <br />which such Future Parity Bonds (or portion thereof) are no longer deemed to be Capital Appreciation <br />Bonds, they shall be deemed outstanding in a principal amount equal to their Accreted Value. <br />(17) "City" means the City of Everett, Washington, a municipal corporation duly <br />organized and legally existing as charter city of the first class under the laws of the State. <br />(18) "City Council" means the legislative authority of the City, as duly and <br />regularly constituted from time to time. <br />(19) "Code" means the United States Internal Revenue Code of 1986, as amended, <br />and applicable rules and regulations promulgated from time to time thereunder. <br />(20) "Common Reserve Subaccount" means the subaccount previously created in <br />the office of the Finance Director known as "Fund 401—Water & Sewer Utility Fund" and maintained <br />for the purpose of securing the payment of the principal of and interest on the Covered Bonds. <br />(21) "Construction Fund" means the City's Fund 336—Water/Sewer System <br />Improvement Projects Fund or such other fund, subfund, or account within the Water & Sewer <br />System Fund as may be designated by the Finance Director for paying or reimbursing the costs of <br />carrying out the Projects and paying the costs of issuance of the Bonds. <br />(22) "Contract Resource Obligation" means an obligation of the City, designated <br />as a Contract Resource Obligation in accordance with Section 19 of this ordinance, to make <br />payments for water, sanitary sewer, and storm and surface water drainage system facilities, <br />commodities, or services to another person or entity (including without limitation any Separate <br />Utility System). <br />(23) "Costs of Maintenance and Operation" means all necessary operating <br />expenses, current maintenance expenses, expenses of reasonable upkeep and repairs, and insurance <br />and administrative expense with respect to the System, but excludes depreciation, payments for debt <br />service or into Reserve Accounts, costs of capital additions to or replacements of the System, <br />municipal taxes, or payments to the City in lieu of taxes. <br />(24) "Coverage Stabilization Account" means the account of that name maintained <br />pursuant to Section 15 of this ordinance. <br />(25) "Covered Bonds" means the Outstanding Parity Bonds and such Future Parity <br />Bonds as may be designated by the Designated Representative, pursuant to the ordinance authorizing <br />their issuance, as Covered Bonds secured by the Common Reserve Subaccount. In approving the <br />Sale Terms for the Bonds (or any Series of the Bonds), the City's Designated Representative is <br />authorized to designate the Bonds as Covered Bonds if it appears to such official that such <br />designation is in the best interests of the City and its ratepayers. <br />(26) "Credit Facility" means policy of municipal bond insurance (including <br />Qualified Insurance), a letter of credit, surety bond, line of credit, guarantee, or other financial <br />instrument (which may be a Qualified Reserve Security) or any combination of the foregoing, which <br />
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