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1991-11-01
CITY-OF-BATESVILLE
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1991-11-01
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f <br /> The City covenants that, (a) in the event that System Revenues, <br /> including Sales Tax Revenues, received and deposited should fail to <br /> equal at least one-half of System Revenues necessary to comply with <br /> the annual requirements set forth above for any period of six <br /> months, the City shall adopt an ordinance or ordinances within <br /> thirty days enacting rates for System services which shall cause <br /> sufficient System Revenues to be produced and (b) Operating <br /> Revenues exclusive of Sales Tax Revenues shall always equal at <br /> least the amounts required to pay costs of operation, maintenance <br /> and repair of the System. <br /> Nothing herein shall be construed as a pledge of Sales Tax Revenues <br /> or as an obligation of the City to appropriate Sales Tax Revenues <br /> to any purpose hereunder. <br /> Section 8 . The Manager of the System shall be custodian <br /> of the System Revenues and shall give bond for the faithful <br /> discharge of his duties as such custodian. The System shall be <br /> continuously operated as a revenue-producing undertaking. All <br /> System Revenues, as received by the Manager, shall be deposited by <br /> him or her in such depository or depositories for the City as may <br /> be lawfully designated from time to time by the Commission; <br /> subject, however, to the giving of security as now or hereafter may <br /> be required by law, and provided that such depository or <br /> depositories shall hold membership in the Federal Deposit Insurance <br /> Corporation ("FDIC") or any successor entity. All deposits shall <br /> be in the name of the City and shall be so designated as to <br /> �. indicate the particular fund to which the System Revenues belong. <br /> Any deposit in excess of the amount insured by the FDIC shall be <br /> secured by direct or fully guaranteed obligations of the United <br /> States of America unless invested as herein authorized. <br /> Section 9 . All Operating Revenues shall be deposited <br /> into a special fund hereby created and designated "Water and Sewer <br /> Revenue Fund, " in a bank selected by the Commission that is a <br /> member of the FDIC. Revenues in the Water and Sewer Revenue Fund <br /> are hereby pledged and shall be applied to the payment of the <br /> reasonable and necessary expenses of operation and maintenance of <br /> the System, to the payment of the principal of and interest on the <br /> Series 1991 Bonds, to the maintenance of Debt Service Reserves at <br /> required levels, to the providing of the Depreciation Fund, and <br /> otherwise as described herein. <br /> Section 10. There shall be paid, beginning after the <br /> first full month following issuance of the Bonds, from the Water <br /> and Sewer Revenue Fund into a fund hereby created and designated <br /> Water and Sewer Operation and Maintenance Fund (the "Operation and <br /> Maintenance Fund") , in a bank selected by the Commission that is a <br /> member of the FDIC, on the first business day of each month, an <br /> amount sufficient to pay the reasonable and necessary monthly <br /> expenses of operation, repair and maintenance of the System for <br /> such month and from which disbursements shall be made only for <br /> those purposes. Fixed annual charges such as insurance premiums <br /> and the cost of major repair and maintenance expenses may be <br /> tc\ny\b.tci.aaz —15— <br />
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