Laserfiche WebLink
5/6/74 <br /> <br /> of the items hereinafter in this Covenant 11 designated (a) and (b), shall have amounted to at <br /> least 1.25 times the maximum amount of annual debt service in any fiscal year thereafter on all <br /> indebtedness to be outstanding immediately subsequent to the incurring of such additional indebted- <br /> ness. <br /> <br /> For the purposes of this Covenant 11, the net revenues of the enterprise shall not include any sum <br />transferred from the Construction Fund under the provisions of Section 10(a) hereof. The items either <br />or all of which may be added to such net revenues for the purpose of applying the restriction contained in <br />this Covenant 11 are the following: <br /> <br /> (a) An allowance for net revenues from any additions to or improvements or extensions of <br /> the enterprise to be made with the proceeds of such additional indebtedness, and also for net <br /> revenues from any such additions, improvements or extensions which have been made from moneys <br /> from any source but which, during all or any part of such fiscal year or last completed 12 month <br /> period, were not in service, all in an amount equal to 75% of the estimated additional average <br /> annual net revenues to be derived from such additions, improvements and extensions for the first <br /> 36 month period in which each addition, improvement or extension is respectively to be in operation, <br /> all as shown by the certificate or opinion of a qualified independent engineer employed by the City. <br /> <br /> (b) An allowance for earnings arising from any increase in the charges made for service from <br /> the enterprise which has become effective prior to the incurring of such additional indebtedness <br /> but which, during all or any part of such fiscal year or last completed 12 month period, was not <br /> in effect, in an amount equal to 75% of the amount by which the net revenues would have been <br /> increased if such increase in charges had been in effect during the whole of such fiscal year or last <br /> completed 12 month period, as shown by the certificate or opinion of a qualified independent <br /> engineer employed by the City. <br /> <br /> Section 13. Lost, Stolen, Desh'oyed or Mutilated Bonds. In the event that any bond or any <br />interest coupon pertaining thereto is lost, stolen, destroyed or mutilated, the City will cause to be <br />issued a new bond or coupon similar to the original to replace the same in such manner and upon such <br />reasonable terms and conditions, including the payment of costs and the posting of a surety bond if <br />the City deems such surety bond necessary, as may from time to time be determined and prescribed by <br />resolution. The City may authorize such new bond or coupon or coupons to be signed and authenticated <br />in such manner as it determines in said resolution. <br /> <br /> Section 14. Cancellation of Bonds. All bonds and coupons surrendered to the Director of Finance <br />or any paying agent of the City for payment upon maturity or for redemption shall upon payment therefor <br />be cancelled immediately and in the case of any paying agent said coupon shall be forthwith transmitted <br />to the Director of Finance. Any bonds purchased by the City as authorized herein together with all <br />unpaid coupons pertaining thereto shall be cancelled forthwith and shall not be reissued. All of the <br />cancelled bonds and interest coupons shall remain in the custody of the Director of Finance until <br />destroyed pursuant to due authorization. <br /> <br /> Section 15. Consent of Bondholders. The consents of bondholders provided for in this section <br />shall relate solely to the amendment, waiver or modification of the covenants specified in Section 12 <br />hereof and shall not be effective to waive or modify any other provisions of this resolution or any <br />other proceedings for the issuance of said bonds. Any act relating to the amendment, waiver or <br />modification of any of the said covenants consented to by bondholders holding sixty-six per cent (66%) <br />in aggregate principal amount of the bonds then outstanding (exclusive of issuer-owned bonds), shall <br />be binding upon the holders of all of the bonds and interest coupons, whether such coupons be attached <br />to bonds or detached therefrom, and shall not be deemed an infringement of any of the provisions <br />of this resolution, whatever the character of such act may be, and may be done and performed as fully <br />and freely as if expressly permitted by the terms of this resolution, and after such consent relating to <br /> <br />13 <br /> <br /> <br />