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2001-03-01
CITY-OF-BATESVILLE
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2001-03-01
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used solely for the payment of principal, premium, if any, and <br /> ® interest on the Bonds and Trustee ' s and Paying Agent ' s fees . <br /> (e) The Trustee shall withdraw from the Bond Fund on or <br /> before the due date of any Bond or interest payable therefrom, at <br /> maturity or redemption prior to maturity, and deposit with the <br /> Paying Agent, an amount equal to the amount of . such Bond or <br /> interest payment for the sole purpose of paying the same, together <br /> with the Paying Agent ' s fee . <br /> Section 10 . After making the required payments into the <br /> Operation and Maintenance Fund the Bond Fund, and beginning after <br /> the first full month following issuance of the Bonds, there shall <br /> be paid from the Water and Sewer Revenue Fund into a fund hereby <br /> created and designated Waterworks Depreciation Fund (the <br /> "Depreciation Fund" ) , in a bank, selected by the Commission, that <br /> is a member of the FDIC, on the first business day of each month <br /> while any of the Series 2001 Bonds are outstanding, a sum equal to <br /> one-twelfth (1/12) of the amount necessary, as estimated by the <br /> Manager of the System to pay for new construction and acquisition, <br /> for major replacements, and for extraordinary repairs to the System <br /> during the next ensuing fiscal year. The City shall cause the <br /> Manager to file annually with the Trustee, at least fifteen days <br /> before the last day of each fiscal year, a statement, which shall <br /> set forth the factors and assumptions on which such determination <br /> is based, specifying the estimated amount necessary to be expended <br /> in the next ensuing fiscal year to pay for new construction and <br /> acquisition, major replacements, and for extraordinary repairs to <br /> the System. The moneys in the Depreciation Fund shall be used <br /> solely for such purposes and for the purpose of paying costs of <br /> damage caused by unforeseen catastrophes, except that moneys in the <br /> Depreciation Fund shall be used to the extent necessary at any time <br /> to prevent default in the payment of principal, interest, and <br /> Trustee ' s and Paying Agent ' s fees on the Series 2001 Bonds . (It is <br /> not expected that moneys remaining in the Depreciation Fund would <br /> be sufficient to prevent such a default . ) <br /> If in any fiscal year a surplus shall be accumulated in <br /> the Depreciation Fund over and above the amount which shall be <br /> necessary to cover probable replacement costs during the current <br /> fiscal year and the next ensuing fiscal year, such surplus may be <br /> transferred to the Bond Fund, to the extent of any deficit therein, <br /> and, in the absence of any such deficit, to the Revenue Fund. <br /> Section 11 . Any surplus in the Water and Sewer Revenue <br /> Fund, after making all disbursements required by the provisions of <br /> this Ordinance and making full provision for the funds herein <br /> provided, may be used, at the option of the City, for the <br /> redemption of the Bonds, prior to maturity in accordance with their <br /> respective redemption provisions; for constructing extensions, <br /> betterments and improvements to the System; or for any other lawful <br /> municipal purpose. <br /> 14 <br />
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