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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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improvements thereto and renewals and replacements thereof. The County may, <br />however, employ additional engineers at any time with relation to specific <br />engineering and operation problems arising in connection therewith. <br />0. NO COMPETING SYSTEMS. To the full extent permitted by law, the County <br />will not grant, renew, extend or allow to expand any franchise or permit for any <br />system similar to the System within the service area of the System. <br />P. ISSUANCE OF ADDITIONAL PARITY OBLIGATIONS. Additional Parity Bonds, <br />payable on a parity from the Pledged Funds with the Bonds, may be issued from <br />time to time to finance any portion of the Costs of the construction and/or <br />acquisition of additions, extensions and improvements to the System, or of any <br />physically separate water or sewer system declared by resolution of the Board to <br />be part of the System, or for refunding purposes, in the manner herein provided. <br />Before issuing any such Additional Parity Bonds, there shall have been <br />obtained and filed with the County a certificate of an independent firm of <br />certified public accountants of suitable experience and responsibility: (i) <br />stating that the books and records of the County relating to the collection and <br />receipt of the Revenues, the Uniform Charges and the Operating Expenses have been <br />audited by them for the Fiscal Year immediately preceding the date of sale of the <br />proposed obligations or for any twelve (12) consecutive month period out of the <br />eighteen (18) consecutive months immediately preceding the date of sale of the <br />proposed obligations; (ii) setting forth the Revenues, the Uniform Charges, the <br />Operating Expenses and the Net Revenues for the audited period referred to in (i) <br />above, with respect to which such certificate is made; and (iii) stating that: <br />(a) during such audited period the County was in compliance <br />with the rate covenant set forth in Subsection E above; and <br />(b) the Net Revenues, adjusted as hereinafter provided, 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 to remain outstanding, including the <br />proposed Additional Parity Bonds; and when the Revenues include <br />receipts and revenues in addition to Uniform Charges, the Uniform <br />Charges less Operating Expenses, adjusted as hereinafter provided, <br />were equal to at least 1.00 times the largest amount of principal <br />and interest that will mature and become due in any Fiscal Year <br />thereafter on all Bonds to remain outstanding, including the <br />proposed Additional Parity Bonds. <br />For purposes of (iii) above, (A) Revenues, Uniform Charges and Operating Expenses <br />may be adjusted so as to fairly represent the operation of the System, provided <br />that the amount and a detailed reason for each such adjustment is set forth in <br />such certificate; (B) Net Revenues may also be adjusted for: (i) the pro forma <br />effect of rates implemented prior to issuance of the Additional Parity Bonds, <br />(ii) new customers added to the System during the test period, (iii) already <br />existing occupied residences or operating business establishments which will be <br />connected to the System upon completion of projects under construction or to be <br />funded with bond proceeds, and (iv) Net Revenues attributable to customers for <br />whom Impact Fees have been paid, and which will be connected to the System upon <br />completion of projects under construction or to be funded with bond proceeds <br />(provided that so long as the Series 1993 Bond Insurance Policy is in effect, not <br />more than 400 of the Net Revenues described in this subclause (iv) shall be used <br />as an adjustment under this clause (B) without the consent of the Series 1993 <br />25 <br />
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