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2009-12-02
CITY-OF-BATESVILLE
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2009-12-02
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• (d) The financial statements of the System delivered to the Commission and <br /> the Authority are true and correct in all respects, have been prepared in accordance with <br /> generally accepted government accounting principles for municipalities, consistently applied, <br /> and fairly present the financial condition of the System as of their respective dates; <br /> (e) The execution and delivery of this Agreement and the Bond, the adoption <br /> of the Bond Ordinance and the Rate Ordinances, the levy of the Rates, the pledge of the System <br /> Revenues to the Bond, and the carrying out and consummation of the transactions contemplated <br /> by this Agreement and the Bond Ordinance will not conflict with or constitute a breach of or <br /> default under any applicable law or administrative regulation of the State of Arkansas or the <br /> United States or any judgment or decree or any agreement or other instrument to which the <br /> Issuer is a party or is otherwise subject; <br /> (f) There is no action, suit, proceeding, or investigation involving the Issuer <br /> before or by any court, public board, or body pending or, to the knowledge of the Issuer, <br /> threatened wherein an unfavorable decision, ruling, or finding would: (i) affect the creation, <br /> organization, existence, or powers of the Issuer or the titles of its officials to their offices, (ii) <br /> enjoin or restrain the issuance, sale, and delivery of the Bond, the levy of the Rates, or collection <br /> of the System Revenues or the pledge thereof, (iii) in any way question or affect any of the <br /> rights, powers, duties, or obligations of the Issuer with respect to the System Revenues, (iv) in <br /> any way question or affect any authority for the issuance of the Bond or the validity or <br /> enforceability of the Bond or the Bond Ordinance and the Rate Ordinances, or (v) in any way <br /> • question or affect this Agreement or the transactions contemplated.by this Agreement, or any <br /> other agreement or instrument relating thereto to which the Issuer is a party; <br /> (g) The Rates have been duly levied under the Authorizing Legislation and <br /> the Rate Ordinances, and the System Revenues have been duly pledged to the payment of the <br /> Bond under the Bond Ordinance pursuant to the authority granted by the Authorizing <br /> Legislation; and <br /> (h) The Issuer will promptly remit each Disbursement to the person or persons <br /> to whom payment is then due and owing. <br /> 10. The Issuer covenants and agrees with the Commission and the Authority: <br /> (a) To comply with all applicable Arkansas and federal statutes and <br /> regulations,including particularly, without limitation,Title XVI. <br /> (b) To utilize and expend the proceeds of the Bond in a timely and <br /> expeditious manner by: (1) utilizing Bond proceeds for eligible Project Costs and approved <br /> issuance costs, (2) proceeding expeditiously with and completing the Project, and (3) completing <br /> all facilities recommended in the approved facilities plan; <br /> (c) To establish and maintain adequate financial records for the Project in <br /> accordance with "generally accepted governmental accounting standards" defined as, but not <br /> • limited to, those contained in the U.S. General Accounting Office (GAO)publication "Standards <br /> 5 <br />
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