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2014-004 SAFA
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2014-004 SAFA
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7/28/2014 5:07:05 PM
Creation date
7/28/2014 4:13:42 PM
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City Clerk
Doc Type
Resolution
Doc #
2014-004
Date
7/15/2014
Destruction Year
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with any regulations or requirements so long as the validity or application thereof shall be <br />contested in good faith. <br />SECTION 6.15. Collection of Rates and Charges; No Free Service. The City will <br />have in effect at all times riles and regulations for the payment of bills for Water Service. In <br />each case where a bill remains unpaid in whole or in part after it becomes delinquent, the City <br />may disconnect such premises from the water service, and such premises shall not thereafter be <br />reconnected to the water service except in accordance with City operating rules and regulations <br />governing such situations of delinquency. The City will not permit any part of the Water System <br />or any facility thereof to be used or taken advantage of free of charge by any authority, firm or <br />person, or by any public agency (including the United States of America, the State and any city, <br />county, district, political subdivision, public authority or agency thereof). <br />SECTION 6.16. Eminent Domain Proceeds. If all or any part of the Water System <br />shall be taken by eminent domain proceedings, then the Net Proceeds thereof shall be applied to <br />the replacement of the property or facilities so taken, unless the City determines that such <br />property or facility is not necessary to the efficient or proper operation of the Water System and <br />therefore determines not to replace such property or facilities. Any Net Proceeds of such award <br />not applied to replacement or remaining after such work has been completed shall be deposited <br />in the Water Revenue Fund and be available for other proper uses of Rinds deposited in the <br />Water Revenue Fund. <br />SECTION 6.17. Tax Covenants. There shall be included in each Supplement relating to <br />Tax - Exempt Installment Payment Obligations such covenants as are deemed necessary or <br />appropriate by Bond Counsel for the purpose of assuring that interest on such hnstallment <br />Payment Obligations shall be excluded from gross income under Section 103 of the Code. <br />SECTION 6.18. Further Assurances. The City will adopt, deliver, execute and make <br />any and all further assurances, instruments and resolutions as may be reasonably necessary or <br />proper to carry out the intention or to facilitate the performance hereof and for the better assuring <br />and confirming unto the Authority of the rights and benefits provided to it herein. <br />SECTION 6.19. Operate Water Svstem. The City will operate the Water System in an <br />efficient and economical mariner, provided that the City may remove from service on a <br />temporary or permanent basis such part or parts of the Water System so long as (a) Net System <br />Revenues are equal to one hundred twenty percent (120 %) of the Debt Service for the then <br />current Fiscal Year and for each Fiscal Year thereafter to and including the Fiscal Year during <br />which the last Installment Payment is due as evidenced by an Engineer's Report on file with the <br />City, and (b) the City shall have filed with the Trustee an opinion of nationally recognized Bond <br />Counsel to the effect that the removal of such part or parts of the Water System will not <br />adversely affect the exclusion from gross income for federal income tax purposes of the interest <br />on Tax - Exempt Installment Payment Obligations. <br />SECTION 6.20. Additional Covenants. The City may provide additional covenants <br />pursuant to any Supplement, including covenants relating to any Credit Support obtained for <br />Installment Payment Obligations; provided, however, that such additional covenants do not <br />55394.00011 \8819608.3 23 <br />
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