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2001-03-01
CITY-OF-BATESVILLE
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2001-03-01
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Section 5 . The rates charged for services of the System <br /> are heretofore fixed and the conditions, rights and obligations <br /> pertaining thereto, as set out in that ordinance, are hereby <br /> ratified, confirmed and continued. <br /> The City covenants that the rates shall always be <br /> maintained (including any increases if and when necessary, from <br /> time to time) at levels which will produce Net Revenues at least <br /> equal to 120% the amount necessary to pay when due principal and <br /> interest on all Bonds to which any System Revenues are pledged to <br /> maintain any required reserves and to deposit the amounts required <br /> to be paid into the Depreciation Fund during the current and next <br /> ensuing fiscal years . (Such rates may be reduced by the City, <br /> provided that the covenant set forth in the preceding sentence is <br /> always observed. ) <br /> As used in this Ordinance : <br /> (a) "System Revenues" means Operating Revenues plus <br /> Sales Tax Revenues, if any, appropriated as System Revenues . <br /> (b) "Operating Revenues" means gross revenues derived <br /> from operation of the System (including earnings and profits on <br /> investments) . <br /> (c) "Sales Tax Revenues" means, for any fiscal year, <br /> revenues derived from any sales and use tax levied by the City for <br /> the purpose of providing funds for the System or expenses thereof <br /> for the then current fiscal year. For all calculations under the <br /> provisions of this Ordinance, including Section 14 , such revenues <br /> shall be taken into account as "Sales Tax Revenues" only to the <br /> extent that such revenues have been appropriated by the City for <br /> deposit into the Operation and Maintenance Fund, as received, and <br /> to the extent of (and in the amounts not to exceed) the average <br /> monthly amount projected to be collected during such fiscal year in <br /> the opinion of an independent certified public accountant not in <br /> the regular employ of the City (and acceptable to the Trustee) <br /> filed with the Trustee, as a result of such appropriation. In <br /> making the projection provided for hereby, the independent <br /> certified public accountant may rely upon a forecast or projection <br /> prepared by a consultant which (1) has previously performed at <br /> least one such forecast or projection and (2) is acceptable to such <br /> independent certified public accountant . <br /> (d) "Net Revenues" means System Revenues less the <br /> amounts required to pay the costs of operation, maintenance and <br /> repair of the System, including all expense items properly <br /> attributable to the operation and maintenance of the System in <br /> accordance with generally accepted accounting principles applicable <br /> to municipal water and sewer systems (excluding depreciation, <br /> interest and amortization expenses) . <br /> 11 <br />
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