Laserfiche WebLink
may be further adjusted so as to fairly represent the operation of the System, provided that the amount and a detailed <br />reason for such adjustment is set forth in such certificate; (B) Net Revenues may also be adjusted for (I) the pro forma <br />effect of rates implemented prior to the proposed release of such receipts and revenues and (II) new customers added <br />to the System during the test period; and (C) any amounts owed to the issuer of a Reserve Account Credit Instrument <br />(u defined hereinafter) as a remrlt of a draw thereon, u appropriate, shall be added to the principal and interest payable <br />on Bonds to determine compliance with the foregoing test; <br />(2) A certificate of the chief financial officer of the County stating that the County has established and will maintain <br />a separate accounting of all revenues and expenses in connection with any such independent system or with respect to <br />such Impact Fees, Surcharges, Special Assessments, Franchise Fees, Fees in Lieu of Franchise Fees, or other receipts <br />and revenues to be released, apart from the Pledged Funds; and <br />(3) Written consent of the Bond Insurer, if the 1989 Bond Insurance Policy or the 1991 Bond Insurance Policy is <br />then in effect. <br />For purposes of the foregoing, payments during the Fiscal Year for. (i) principal and interest on the Senior Lien Bonds, <br />(ii) any renewal and replacement fund created in connection with the Senior Lien Bonds Resolution (the 'Required Renewal <br />Fund Payments') and (iii) any reserve account created in connection with the Senior Lien Bonds (the 'Senior Lien Reserve <br />Account Payments'), shall be treated u Operating Expenses. All or any part of the certificate required under subparagraph <br />(1) above may be rendered by consulting engineers, consultants, or other persons with requisite knowledge and experience <br />who are not reasonably objected to by Bond Insurer. <br />Neither the County, the State of Florida, nor any political subdivision thereof has pledged its faith or credit or taxing <br />power to the payment of the Series 1991 Bonds. No holder of the Series 1991 Bonds shall ever have the right to compel <br />the exercise of any ad valorem taxing power of the County or taxation in any form of any real property therein to pay the <br />Series 1991 Bonds or the interest due thereon nor be entitled to payment of the Series 1991 Bonds from any funds of the <br />County except u described herein. <br />Insurance <br />The scheduled payment of principal and interest on the Series 1991 Bonds will be insured by Financial Guaranty <br />Insurance Company ('Financial Guaranty'). The County has made no investigation and makes no representation with respect <br />to Financial Guaranty and the policy, and reference should be made to the information under the caption "MUNICIPAL <br />BOND INSURANCE' herein and Appendix E attached hereto for a description of Financial Guaranty and its specimen <br />insurance policy. The material under said caption and in Appendix E hu been furnished by Financial Guaranty. <br />Rate Covenant <br />The County covenants in the Resolution to establish and maintain such Uniform Charges and, as applicable, such <br />Surcharges, Impact Fees, Special Assessments, Franchise Fees, Fees in lieu of Franchise Fees, and such other receipts and <br />revenues in connection with the System, so as to always provide either of the following: <br />(1) Uniform Charges less Operating Expenses sufficient to pay (a) one hundred percent (100%) of all required <br />deposits into the Reserve Account, and (b) one hundred twenty percent (120%) of the amount of principal and interest <br />becoming due in such Fiscal Year on the Bonds outstanding, or <br />(2) When the Revenues include receipts and revenues in addition to Uniform Charges, Net Revenues in each Fiscal <br />Year sufficient to pay (a) one hundred percent (100%) of all required deposits into the Reserve Account, and (b) one <br />hundred twenty percent (120%) of the amount of principal and interest becoming due in such Fiscal Year on the Bonds <br />outstanding; provided, however, that Uniform Charges leas Operating Expenses are sufficient to pay (a) one hundred <br />percent (100%) of all required deposits into the Reserve Account, and (b) one hundred percent (100%) of the amount <br />of principal and interest becoming due in such Fiscal Year on the Bonds outstanding. <br />For purposes of the foregoing rate covenant, Senior Lien Bonds Debt Service, Required Renewal Fund Payments, and <br />Senior Lien Bonds Reserve Account Payments shall be treated as Operating Expenses, In addition, any amounts owed by <br />the County to the issuer of a Reserve Account Credit Instrument (u defined hereinafter) u a result of a draw thereon. as <br />