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1991-151
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1991-151
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Last modified
5/15/2017 3:01:02 PM
Creation date
5/15/2017 2:41:21 PM
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Resolutions
Resolution Number
1991-151
Approved Date
09/24/1991
Resolution Type
Utilities
Entity Name
Water and Sewer Revenue Bonds Series 1991
Subject
Bond Purchase Agreement
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11 <br />(a) A surety bond or insurance policy issued to the Paying Agent, as agent of the Bondholders, by a company <br />licensed to nate an insurance policy guaranteeing the timely payment of debt service on the Bonds (a 'municipal <br />bond insurer"). if the calms paying ability of the issuer thereof shall be rated 'AAA' or 'Ana' by Standard & <br />Pones Corporation ('S&P') or Moody's Investors Service ('Moody'.'), respectively; <br />(b) A suety bond or insurance policy issued to the Paying Agent. as agent of the Bondholders, by an entity <br />other than s municipal bond insurer. if the form and 'substance of such instrument and the issuer hereof shall be <br />approved by the Bond Insurer; or <br />(c) An unconditional irrevocable letter of credit issued to the Paying Agent, u agent of the Bondholders, by <br />a bank, if such bank is rated at least "AA' by S&P. <br />Any such Reserve Account Credit Instrument shall meet the further terms and conditions described in Subsection Z of <br />Section 16 of Resolution No. 89-19 and shall be payable or available to be drawn upon, u the can may be (upon the <br />giving of notice as required theraunder), by the Paying Agent on any interest payment date on which a deficiency exists <br />which cannot be cured by money in any other fund or account held pursuant thereto and available for such purpose. <br />It shall be the duty of the Paying Agent to, and the Paying Agent .hall, without further authorization or direction from <br />the County, ascertain the necessity for a clam or draw upon any Reserve Account Credit Instrument and provide notice <br />to the issuer of the Reserve Account Credit Instrument in accordance with its terms not Inter than three days (or such <br />appropriate time period as will, when combined with the timing of required payment under the Reserve Account Credit <br />Instrument, ensue payment under the Reserve Account Credit Instrument on or before the interest payment date) prior <br />to each interest payment date. Ifa disbursement is made under any such Reserve Account Credit Instrument, the County <br />may reinstate the maximum limits of such Reserve Account Credit Instrument immediately following such disbursement, <br />otherwise the amount of credit toward the Reserve Account requirement for such Reserve Account Credit Instrument <br />shall be appropriately reduced. <br />Furthermore, the County may at any time and from time to time cause to be deposited in the Reserve Account such <br />Reserve Account Credit Instrument and cause an appropriate amount to be withdrawn from the Reserve Account and <br />released to the County. <br />Moneys in the Reserve Account shall be used only for the purpose of the payment of maturing principal of or interest <br />on Bonds when the other moneys in the Sinking Fund are insufficient therefor, and for no other purpose. However, <br />upon the valuation of the Reserve Account in each year, if the moneys applied and allocated to the Reserve Account <br />(except the investment income thereon) exceed the amount required, such excess may be withdrawn and released to the <br />County. If the Reserve Account requirement shall at any time be satisfied in whole or in part with a qualifying letter <br />of credit and such letter of credit is about to expire or terminate, the County authorizes and directs the Paying Agent <br />to draw upon such letter of credit prior to its expiration or termination to the extent required to fully fund the Reserve <br />Account requirement unless a replacement Reserve Account Credit Instrument is in place or the Reserve Account is <br />otherwise fully funded in its required amount. <br />(5) Fifth. moneys in the Revenue Fund shall be applied to the payment of current debt service and reserve <br />requirements of any obligations of the County issued to finance the cost of additions, acquisition, extensions and <br />improvements to the System which are junior and subordinate to the hen of the Bonds on the Pledged Funds. <br />(6) Sixth, the balance of any moneys remaining in the Revenue Fund after the above required payments have been <br />made may be (a) deposited into a special fund to be known as the "Sewer and Water Renewal and Replacement Fund," <br />which shall be used only for the purpose of paying the costs of extensions, enlargements. or additions to or the <br />replacement of capital assets of the System, and for emergency repairs thereto or (b) used by the County for any lawful <br />purpose. <br />No further deposits to the Sinking Fund, the Bond Amortization Account or the Reserve Account shall be required when <br />the aggregate sums deposited therein are and remain at least equal to the num of all of the principal and interest then due <br />and thereafter becoming due in all ensuing years for the Bonds then outstanding. <br />Flow of Funds under Senior Lien Bond Resolution <br />
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