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<br />e <br /> <br />e <br /> <br />public accountants. based upon an audit of the books of the System. certifies that the net earnings of the System <br />for the previous fiscal year. or for any 12 consecutive month period ending not more than 90 days prior to the <br />date of the adoption of the ordinance authorizing the Additional Bonds. were equal to each of the following <br />detennined independently: <br /> <br />(i) at least 1.50 times the average annual requirements for the payment of the principal <br />of and interest on the Parity Bonds then outstanding and on such Additional Bonds. when <br />issued. sold, and delivered; and <br /> <br />(ii) at least 1.25 times the maximum annual requirement for the payment of the <br />principal of and. interest on the Parity Bonds then outstanding and on such Additional Bonds, <br />when issued. sold, and delivered; <br /> <br />provided. however, should the certificate of the accountant cenify that the net earnings of the System for the <br />period covered thereby were. in either case. less than required above. and a change in the rates and charges for <br />the services afforded by the System became effective at least 60 days prior to the scheduled dale of adoption of <br />the ordinance authorizing such Additional Bonds. then such Additional Bonds may nevertheless be issued if an <br />independent engineer or engineering fnm having a favorable reputation with respect to such malters certifies that, <br />had such change in rates and charges been effective for the entire period covered by the accountant's certificate, <br />the net earnings for the System for the fiscal year covered by the accountant's certificate would have met the <br />tests specified in (i) and (ii) above. <br /> <br />The tenn "net earnings" as used in this Section shall mean all of the Net Revenues of the <br />System. exclusive of income received specifically for capital items. and operation and maintenance expenses <br />shall exclude expenditures which under standard accounting practice should be charged to capital expenditures <br />or depreciations. <br /> <br />(c) Such Additional Bonds are made to mature on March 15th in each of the years in which <br />they are scheduled to mature. <br /> <br />(d) The City shall establish a reserve fund for such Additional Bonds by providing a cash <br />reserve fund therefor. a surety bond in lieu thereof, or a combination of such cash reserve fund and surety bond, <br />all as the City Council deems reasonable and appropriate provided that (i) the amount of any such cash reserve <br />fund or the coverage of any surety bond in lieu thereof or the amount of such cash reserve fund and the <br />coverage of such surety bond when added together shall at least equal the maximum annual debt service <br />requirements of such Additional Bonds, not to exceed the maximum permitted by applicable regulations, <br />procedures, or published rulings of the Internal Revenue Service (the "Reserve Minimum"); (ii) if any cash <br />reserve fund is funded by making ttansfers of Net Revenues in the System Fund, such transfers shall be made <br />each month in an amount reasonably sufficient to reach the Reserve Minimum (or the portion thereof which is to <br />be provided by such cash reserve fund) within a period of not more than five years after such Additional Bonds <br />are sold and delivered: (ill) any such cash reserve fund may be combined with the Reserve Fund herein provided <br />for the Bonds and with the cash reserve fund provided for any Additional Bonds then outstanding in order <br />ratably to secure all Parity Bonds then outstanding and the Additional Bonds then being issued: (iv) any such <br />surety bond provided in lieu of a cash reserve fund shall be issued by an insurance company or association of <br />companies whose insured obligations are rated by Moody's Investors Service and by Standard & Poor's Rating <br />Group in their highest rating categories; and (v) any such surety bond may be written (or amended) to provide <br />coverage not only for such Additional Bonds but also pro rata for the Parity Bonds then outstanding, provided. <br />any existing cash reserve fund or surety fund in lieu thereof which secures any such outstanding Parity Bonds is <br />extended ratably to secure the Additional Bonds then being issued. It is the City's intention hereby to provide <br />maximum flexibility with respect to the reserve fund to be provided for any Additional Bonds which may be <br />issued hereafter and the foregoing provisions shall be liberally conslIUed in order to achieve that objective <br />without malerially prejudicing the rights and interests of the owners of any Parity Bonds at the time outstanding. <br /> <br />13 <br />