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5/6/74 <br /> <br />except where expressly provided otherwise. The Director of Finance shall sell at the best price obtainable <br />or present for redemption any obligations so purchased, whenever it may be necessary to do so in order <br />to provide moneys to meet any payment or transfer from such funds. For the purpose of determining <br />at any given time the balance in any such funds any such investments constituting a part of such funds <br />shall be valued at the then estimated or appraised market value of such investments. <br /> <br /> Section 11. Warranty. The City shall preserve and protect the security of the bonds and the rights <br />of the bondholders and warrant and defend their rights against all claims and demands of all persons. <br /> <br /> Section 12. Covenants. So long as any of the bonds issued hereunder are outstanding and unpaid, <br />or so long as provision for the full payment and discharge thereof at maturity or upon redemption thereof <br />prior to maturity through the setting apart in the Retiarement Fund to insure the payment or redemption <br />thereof of money sufficient for that purpose has not been made, the City makes the following covenants <br />with the bondholders under the provisions of the Revenue Bond Law of 1941 (to be performed by the <br />City or its proper officers, agents or employees) which covenants are necessary, convenient and desirable <br />to secure the bonds and tend to make them more marketable; provided however, that said covenants do <br />not require the City to expend any funds other than the revenues received or receivable from the enterprise. <br /> <br /> Covenant 1. Punctual Payment. The City covenants that it will duly and punctually pay or cause <br />to be paid the principal of and interest on every bond issued hereunder, together with the premium thereon, <br />if any be payable, on the date, at the place and in thei manner mentioned in the bonds and coupons and <br />in accordance with this resolution, and that the payn~ents into the Interest Fund, the Retirement Fund <br />and Reserve Fund will be made, all in strict conformity with the terms of said bonds and of this resolution, <br />and that it will faithfully observe and perform all of ihe conditions, covenants and requirements of this <br />resolution and all resolutions supplemental thereto a~d of the bonds issued hereunder, and that time <br />of such payment and performance is of the essence of the City's contract with the bondholders. <br /> <br /> Covenant 2. Discharge Claims. The City covegants that in order to fully preserve and protect <br />the priority and security of the bonds the City shall pay from the Revenue Fund and discharge all <br />lawful claims for labor, materials and supplies fur~ished for or in connection with the enterprise <br />which, if unpaid, may become a lien or charge upon the revenues prior or superior to the lien of the <br />bonds and impair the security of the bonds. The City shall also pay from the Revenue Fund all taxes <br />and assessments or other governmental charges lawfully levied or assessed upon or in respect of the <br />enterprise or upon any part thereof or upon any of the revenues therefrom. <br /> <br /> Covenant 3. Commence Acquisition and Construction. As soon as funds are available therefor, <br />the City will commence the accomplishment of the purposes for which the bonds are issued and will <br />continue the same to completion with all practical dispatch and in an economical manner. <br /> <br /> Covenant 4. Operate Enterprise in Efficient and Economical Manner. The City covenants and <br />agrees to operate the enterprise in an efficient and economical manner and to operate, maintain and <br />preserve the enterprise in good repair and working order. <br /> <br /> Covenant 5. Against Sale, Eminent Domain. The City covenants that the enterprise shall not be <br />mortgaged or otherwise encumbered, sold, leased, pledged, any charge placed thereon, or disposed of as <br />a whole or substantially as a whole unless such sale or other disposition be so arranged as to provide for a <br />cnntinuanee of payments into the Revenue Fund sufficient in amount to permit payment therefrom of the <br />principal of and interest on and premiums, if any, due upon the call and redemption thereof, of the bonds, <br />payment of which is required to be made out of the revenues of the enterprise, and also to provide for <br />such payments into the funds as are required under the terms of this resolution. The revenues from the <br />enterprise or any other funds pledged or otherwise made available to secure payment of the principal of <br /> <br />I0 <br /> <br /> <br />