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2001-03-01
CITY-OF-BATESVILLE
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2001-03-01
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CO <br /> Section 12 . So long as any Series 2001 Bonds are <br /> ® outstanding under the provisions of this Ordinance, the City shall <br /> not issue or attempt to issue any bonds claimed to be entitled to <br /> a priority of lien on System Revenues over the lien securing the <br /> Series 2001 Bonds . <br /> The City reserves the right to issue Additional Bonds to <br /> finance or refinance the cost of constructing any future <br /> extensions, betterments or improvements to the System, but the City <br /> shall not authorize or issue any such Additional Bonds ranking on <br /> a parity with the outstanding Bonds unless and until there shall <br /> have been procured and filed with the Trustee a statement by an <br /> independent certified public accountant not in the regular employ <br /> of the City reciting the opinion, based upon necessary <br /> investigation, that Net Revenues for the fiscal year immediately <br /> preceding the fiscal year in which it is proposed to issue such <br /> Additional Bonds shall equal not less than 120% of the maximum <br /> annual principal and interest requirements on all the then <br /> outstanding Bonds payable from System Revenues and the Additional <br /> Bonds then proposed to be issued. For the purposes of the <br /> computation required by this paragraph, additional amounts may be <br /> added to the Net Revenues of the completed fiscal year immediately <br /> preceding the issuance of Additional Bonds, as follows : If, prior <br /> to the issuance of the Additional Bonds and subsequent to the first <br /> day of such preceding fiscal year, the City shall have increased <br /> its rates or charges imposed for services of the System there may <br /> be added to the Net Revenues of such fiscal year the additional Net <br /> Revenues which would have been received from the operation of the <br /> System during such fiscal year had such increase been in effect <br /> throughout such fiscal year, as reflected by a certificate of a <br /> duly qualified consulting engineer not in the regular employ of the <br /> City and approved by the Trustee. <br /> Section 13 . When the Series 2001 Bonds have been <br /> executed and the seal of the City impressed as herein provided, <br /> they shall be delivered to the Trustee, and the Trustee shall <br /> authenticate them and deliver them to the Underwriter upon payment <br /> in cash of the purchase price of $3 , 394 , 637 . 95 plus accrued <br /> interest to the date of delivery ( "total sale proceeds") plus funds <br /> provided by the Commission. The Trustee shall disburse such funds <br /> as set forth in detail in a letter of delivery instructions and <br /> delivered to the Trustee as follows : <br /> (1) The Trustee shall deposit the amount of the accrued <br /> interest in the Bond Fund. <br /> (2) The Trustee shall deposit into a special trust <br /> account or shall transmit to the trustee for the 1995 Bonds the <br /> amount necessary to provide for the discharge of the 1995 Bonds . <br /> ® 15 <br />
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