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1993-080
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1993-080
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Last modified
8/8/2019 12:41:48 PM
Creation date
8/8/2019 12:41:08 PM
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Resolutions
Resolution Number
1993-080
Approved Date
04/13/1993
Resolution Type
Bond retirement
Subject
retirement of certain outstanding Water & Sewer Revenue Bonds (authorizes $47,190,000 and $3,330,000
Document Relationships
1993-081
(Cover Page)
Path:
\Resolutions\1990'S\1993
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therein, to pay the Bonds or the interest thereon, or be entitled to payment of <br />such principal and interest from any funds of the County other than the Pledged <br />Funds. <br />SECTION 16. SECURITY FOR BONDS; RELEASE OF CERTAIN PLEDGED REVENUES. The <br />payment of the principal of, premium, if any, and interest on the Bonds shall be <br />secured forthwith equally and ratably by a pledge of and a lien upon the Pledged <br />Funds. The County does hereby irrevocably pledge the Pledged Funds to the <br />payment of the principal of, premium, if any, and interest on the Bonds, to the <br />extent and in the manner provided herein. <br />Nothing in this Resolution shall constitute or be construed to constitute <br />a conveyance or mortgage of the System or of any part thereof. <br />Notwithstanding any other provision of this Resolution to the contrary, the <br />County may, by resolution of the Board filed with the Clerk'of the Board, except <br />and release from the pledge and lien created by this Resolution, and the phrase <br />"Revenues" as used in this Resolution shall no longer include, the receipts and <br />revenues of the County derived from the Uniform Charges for the use of and <br />services furnished or to be furnished by any water and/or sewer facilities <br />constituting a physically independent system of the County, or any Impact Fees, <br />Special Assessments, Surcharges, Franchise Fees, Fees in lieu of Franchise Fees <br />or other receipts and revenues (other than Uniform Charges) theretofore pledged <br />in connection with the Bonds, as stated in such resolution, if there shall be <br />filed with the Clerk of the Board the following: <br />(1) A certificate of an independent firm of certified public <br />accountants of suitable experience and responsibility: (i) stating <br />that the books and records of the County relating to the collection <br />and receipt of the Revenues and the Operating Expenses have been <br />audited by them for the Fiscal Year immediately preceding the date <br />of the proposed release of such receipts and revenues from the <br />pledge hereunder or for any twelve (12) consecutive month period out <br />of the eighteen (18) consecutive months immediately preceding such <br />date; (ii) setting forth the Revenues, the Uniform Charges, the <br />Operating Expenses and the Net Revenues for the audited period <br />referred to in (i) above, with respect to which such certificate is <br />made; and (iii) stating that the Net Revenues, adjusted to give <br />effect to the proposed release of such receipts and revenues as if <br />the same had occurred at the beginning of such audited period, were <br />equal to at least 1.20 times the largest amount of principal and <br />interest that will mature and become due in any Fiscal Year <br />thereafter on all Bonds then outstanding. For purposes of (iii) <br />above, (A) Revenues, Uniform Charges and Operating Expenses may be <br />further adjusted so as to fairly represent the operation of the <br />System, provided that the amount and a detailed reason for each such <br />adjustment is set forth in such certificate; (B) Net Revenues may <br />also be adjusted for (I) the pro forma effect of rates implemented <br />prior to the proposed release of such receipts and revenues and (II) <br />new customers added to the System during the test period; and (C) <br />any amounts owed to the issuer of a Reserve Account Credit <br />Instrument (hereinafter defined) as a result of a draw thereon, as <br />appropriate, shall be added to the principal and interest payable on <br />Bonds to determine compliance with the foregoing test; <br />18 <br />
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