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1982-062
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1982-062
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Last modified
3/13/2023 1:52:17 PM
Creation date
3/13/2023 1:51:48 PM
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Resolutions
Resolution Number
1982-062
Approved Date
07/07/1982
Subject
Adoptig Resolution authorizing the issuance of not exceeding $2,750,700
Water & Sewer Bonds. Series 1982, to finance the cost pledging gross revenues
to secure payment
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amount of the Bonds then outstanding; provided, however, that no <br />modification or amendment shall permit a change in the maturity <br />of such Bonds or a reduction in the rate of interest thereon, or <br />in the amount of the principal obligation, car affect the uncon- <br />ditional promise of the Issuer to charge and collect such rates, <br />fees, rentals and charges for the use of the product, services <br />and facilities of the System and apply the same as herein <br />provided, or reduce the number of such Bonds the written consent <br />of the holders of which are required by this Section for such <br />modification or amendment, without the consent of the holders of <br />all such Bonds. <br />4.02 Creation of _Superior Liens. The Issuer covenants <br />that it will not issue any other Bonds, certificates or obliga- <br />tions of any kind or nature or create or cause or permit to be <br />created any debt, lien, pledge, assignment or encumbrance or <br />charge payable from or enjoying a lien upon any of the Pledged <br />Funds ranking prior and superior to the lien created by this <br />Instrument for the benefit of the holders of the Bonds. <br />4.03 Arbitrage. No use will be made of the proceeds <br />of the Bonds or the Pledged Funds which will cause the Bonds to <br />be "arbitrage bonds" within the meaning of the Internal Revenue <br />Code. The Issuer at all times while the Bonds and the interest <br />thereon are outstanding will comply with the requirements of <br />Section 103(c) of the Internal Revenue Code and any valid and <br />applicable rules and regulations of the Internal Revenue Service <br />issued thereunder. <br />4.04 Defeasance. If, at any time, the Issuer shall <br />have paid, or shall have made provision for payment of, the <br />principal, interest and redemption premiums, if any, with respect <br />to the Bonds, then, and in that event, the pledge of and lien on <br />the Pledged Funds in favor of the holders of the Bonds shall be <br />no longer in effect. For purposes of the Preceding sentence, <br />deposit by the Issuer of direct obligations of, or obligations <br />the principal of and interest on which are guaranteed by, the <br />United States of America, none of which shall be redeemable prior <br />to maturity at the option of the obligor (collectively, the <br />"Federal Securities"), or bank certificates of deposit fully <br />secured as to principal and interest by Federal Securities (or <br />deposit of any other securities or investments which may be <br />authorized by law from time to time and sufficient under such law <br />to effect such a defeasance) in irrevocable trust with a banking <br />institution or trust company, for the sole benefit of the holders <br />of the Bonds, in an aggregate principal amount which, together <br />with interest to accrue thereon, will be sufficient to make <br />timely payment of the principal of and redemption premiums, if <br />any, and interest on the Bonds in accordance with their terms, <br />the paying agents' fees and expenses with respect thereto and any <br />-23- <br />
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