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1989-046
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1989-046
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Last modified
6/25/2021 1:40:10 PM
Creation date
2/4/2021 9:58:00 AM
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Resolutions
Resolution Number
1989-046
Approved Date
05/02/1989
Subject
Amend & restate Resolution 89-19 - providing for issuance of $7,500,000 water & sewer revenue
refunding bonds, Series 1989
Document Relationships
1989-019
(Agenda)
Path:
\Resolutions\1980'S\1989
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subordinate in all respect to the Bonds as to lien on and source and security <br />for payment from the Pledged Funds and such obligations contain an express <br />statement to that effect. <br />"S. MANAGEMENT OF SYSTEM. The County in operating the System will <br />employ persons of demonstrated ability and experience and will require all <br />employees who may have possession of moneys derived from operation of the System <br />to be covered by a fidelity bond written by a responsibility indemnity company <br />in an amount sufficient to protect the County from loss. <br />"T. CONNECTION WITH SYSTEM. The County will, to the full extent <br />permitted by law, require all lands, buildings, residences and other structures <br />within its territorial boundaries which can use the System to connect therewith <br />and use the System and cease to use any other potable water system and any other <br />method of sewage disposal. <br />"U. ARBITRAGE. The County covenants to and with purchasers of <br />the issue which is comprised of the Series 1989 Bonds that it will make no use <br />of the proceeds of such issue which will cause the Series 1989 Bonds to be or <br />become "arbitrage bonds" within the meaning of Section 103(b)(2) and Section 148 <br />of the Internal Revenue Code of 1986, as amended (the "Code"), and the <br />regulations implementing said Sections that duly have been published in the <br />Federal Ragister or with any other applicable regulations implementing said <br />Sections, and the County further covenants to comply with all other requirements <br />of the Code if and to the extent applicable to maintain continuously the Federal <br />income tax exemption of interest on the Series 1989 Bonds. <br />"V. FUNDS AND ACCOUNTS. The designation and establishment of the <br />various funds and accounts created herein does not require the establishment of <br />any completely independent, self -balancing funds as such term is commonly <br />defined and used in governmental accounting, but rather is intended solely to <br />constitute an earmarking of certain revenues and assets as provided herein. <br />"W. POWER TO ISSUE BONDS AND PLEDGE PLEDGED FUNDS. The County is <br />duly authorized under all applicable laws to create and issue the Bonds and to <br />adopt this Resolution and to pledge the Pledged Funds in the manner and to the <br />extent provided herein. Except to the extent otherwise provided in this <br />Resolution, the Pledged Funds are not pledged or hypothecated (except with <br />respect to the Original Bonds to be retired with proceeds of the Series 1989 <br />Bonds) and, upon issuance of the Series 1989 Bonds, will be free and clear of <br />any pledge, lien, charge or encumbrance thereon or with respect thereto prior <br />to, or of equal rank with, the security interest, pledge and assignment created <br />by this Resolution, including any pledge thereof for the benefit of the Original <br />Bonds, and all action on the part of the County to that end has been and will <br />be duly and validly taken. The Bonds and the provisions of this Resolution are <br />- 33 - <br />
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