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1991-11-01
CITY-OF-BATESVILLE
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1991-11-01
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Section 7 . The rates charged for services of the <br /> (0 System heretofore fixed by Ordinance No. of the City, <br /> adopted , 1991 and the conditions, rights and <br /> obligations pertaining thereto, as set out in that ordinance, <br /> are hereby 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 and <br /> to deposit the amounts required to be paid into the Debt Service <br /> Reserve and 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. <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. It is intended that all Sales <br /> Tax Revenues shall be deposited into the Bond Fund, as set forth in <br /> Section 11, below. For all calculations under the provisions of <br /> this Ordinance, including Section 7 , and 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 Bond Fund, as received, and to the extent of (and <br /> in the amounts not to exceed) the average monthly amount projected <br /> to be collected during such fiscal year in the opinion of an <br /> independent certified public accountant not in the regular employ <br /> of the City (and acceptable to the Trustee) filed with the Trustee, <br /> as a result of such appropriation. In making the projection <br /> provided for hereby, the independent certified public accountant <br /> may rely upon a forecast or projection prepared by a consultant <br /> which (1) has previously performed at least one such forecast or <br /> projection and (2) is acceptable to such independent certified <br /> 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 /> w\kay\b&ie1.od2 -14- <br />
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