Ordinance 3211-11 - Laserfiche WebLink

(e) Section 10 of Ordinance Nos. 2690-03 and 2870-05 is hereby revised in its entirety to read as follows: (a) Conditions to the issuance of Future Parity Bonds prior to the New Covenant Date. The City hereby further covenants and agrees with the owner and holder of the Bonds for as long as the same remains outstanding that the City will not issue any bonds or other obligations having a greater or equal priority of lien upon the Revenue of the System to pay and secure the payment of the principal of and interest on such bonds or other obligations than the lien created upon the Revenue of the System to pay and secure the payment of the principal of and interest on the Bonds, except as follows: (1) The City reserves the right to issue Future Parity Bonds for the purposes of First, providing funds to acquire, construct, reconstruct, install, or replace any equipment, facilities, additions, betterments, or other capital improvements to the System for which it is authorized by law to issue revenue bonds, or Second, refunding at or prior to their maturity, any revenue warrants, or outstanding revenue bonds or other obligations payable out of the Revenue of the System, and to pledge that payments will be made out of the Revenue of the System and into the Revenue Bond Fund and the accounts therein to pay and secure the payment of the principal of and interest on such future Parity Bonds on a parity of lien with the payments required herein to be made out of such Revenue into such Fund and accounts to pay and secure the payment of the principal of and interest on any Parity Bonds then outstanding, upon compliance with the following conditions: (A) At the time of the issuance of any Future Parity Bonds there is no deficiency in the Revenue Bond Fund or any accounts therein. (B) If there are assessments levied in any utility local improvement district to pay for additions and improvements to and extensions of the System which will be constructed from the proceeds of such Future Parity Bonds, the ordinance authorizing such future Parity Bonds shall require that such assessments be paid into the Revenue Bond Fund. (C) If there are assessments pledged to be paid into a warrant or bond redemption fund for revenue bonds, warrants or other revenue obligations being refunded by Future Parity Bonds, the ordinance authorizing the future Parity Bonds shall require such assessments to be paid into the Revenue Bond Fund. (D) The principal of and interest on the Future Parity Bonds shall be payable out of the Revenue Bond Fund, and provision for the funding of the Reserve Requirement in Section 8(b) applicable to the issuance of Future Parity Bonds shall be met. -77- PA2o287 cnew'zoza7 sao 02/07/11