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1995-06-01
CITY-OF-BATESVILLE
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1995-06-01
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Bonds, which are issued and secured under Ordinance No. 91-11-1, <br /> adopted and approved November 12 , 1991 (the "Basic Ordinance") . <br /> The Series 1995 Bonds are issued as "Additional Bonds" under the <br /> Basic Ordinance. Accordingly, the provisions of the Basic <br /> Ordinance are incorporated herein to secure and provide for the <br /> payment and enforcement of the Series 1995 Bonds, including without <br /> limitation, those pertaining to the maintenance of rates (Section <br /> 7) , the maintenance of various funds and a Debt Service Reserve <br /> (Sections 9 to 12 , inclusive) , the issuance of Additional Bonds <br /> (Section 14) , default and remedies consequent thereon (Section 20) , <br /> amendment (Section 21) and investment of funds (Section 22) . The <br /> Series 1995 Bonds shall be secured pursuant to the Basic Ordinance, <br /> regardless of the discharge of the Series 1991 B Bonds. <br /> Section 7 . Section 14 of the Basic Ordinance is hereby <br /> amended to read as follows: <br /> "Section 14 . So long as any Bonds are outstanding under <br /> the provisions of this Ordinance, the City shall not issue or <br /> attempt to issue any bonds claimed to be entitled to a priority of <br /> lien on System Revenues over the lien securing such 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 8 . When the Series 1995 Bonds have been executed <br /> and the seal of the City impressed as herein provided, they shall <br /> be delivered to the Trustee, and the Trustee shall authenticate <br /> them and deliver them to the Underwriter upon payment in cash of <br /> j-k.y�mw95.00 <br /> -10- <br />
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