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Ordinance 2208-97
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Ordinance 2208-97
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3/16/2017 10:42:14 AM
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Ordinances
Ordinance Number
2208-97
Date
3/5/1997
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transferred to the Reserve Account, and such Reserve Accounts shall be closed. Notwithstanding <br /> anything in Section 8E hereof to the contrary, money in the Reserve Account may be used to pay <br /> any arbitrage rebate, if any, to the extent the rebate is attributable to earnings on money in the <br /> Reserve Account. <br /> Except as hereafter provided in this subsection C(2), the City hereby further covenants and <br /> agrees that in the event it issues any future Parity Bonds it will provide in the ordinance <br /> authorizing the issuance of the same for payment into the Reserve Account out of proceeds of <br /> such future Parity Bonds, Revenue of the System or Assessments (or, at the option of the City, <br /> out of any other funds on hand and legally available therefor) approximately equal additional <br /> annual installments so that by five years from the date of issuance of such future Parity Bonds <br /> there will have been paid into the Reserve Account an amount that, together with the money <br /> already on deposit therein, will be at least equal to the Common Reserve Requirement. Such <br /> annual payments into a Reserve Account shall be made not later than December 20 of each year. <br /> Notwithstanding anything in this Section 8 to the contrary, the City may fund the <br /> Common Reserve Requirement through a surety bond issued by a Qualified Insurer. The amount <br /> payable by the Qualified Insurer under such surety bond shall be credited against the amounts <br /> otherwise required to be accumulated and maintained in the Reserve Account. <br /> The City further covenants and agrees that when the required deposits have been made <br /> into the Reserve Account, it will at all times maintain therein an amount at least equal to the <br /> Common Reserve Requirement, as predetermined in each calendar year. Whenever there is a <br /> sufficient amount in the Revenue Bond Fund, including all accounts therein, to pay the principal <br /> of, premium, if any, and interest on all outstanding Parity Bonds, the money in the Reserve <br /> Account may be used to pay the principal of, premium, if any, and interest on the Parity Bonds <br /> secured thereby. Money in the Reserve Account may also be withdrawn to redeem and retire, and <br /> to pay the premium, if any, and interest due to such date of redemption, on the outstanding Parity <br /> Bonds, as long as the money remaining on deposit in the Reserve Account is at least equal to the <br /> Common Reserve Requirement determined with respect to the Parity Bonds then outstanding. <br /> -20- FWWOBU DOC 97/03/04 <br />
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