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Ordinance 99-72
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Ordinance 99-72
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Last modified
7/20/2010 10:35:55 AM
Creation date
1/25/2006 4:40:52 PM
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CityClerk-Ordinances
Ordinance Number
99-72
Date (mm/dd/yyyy)
06/17/1999
Description
Utilities Tax Revenue Bond, Series 1999, $1 Million (Recreat
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<br />next succeeding Payment Date. Subject to the terms and provisions of the Code and the preceding <br />paragraph, all income and earnings received from the investment and reinvestment of the moneys <br />on deposit in the Debt Service Fund shall remain on deposit in the Debt Service Fund and be used <br />in the same manner as other moneys on deposit therein. <br /> <br />(c) Disposition of Pledged Revenues. Not later than the fifteenth day of each month <br />commencing July 15, 1999, the City shall deposit in the Debt Service Fund the proceeds of the <br />Utilities Tax in an amount equal to one-quarter (1/4) of an amount sufficient to pay the principal of <br />and interest becoming due on the 1999 Bond on October 1, 1999, and beginning October 15, 1999 <br />in an amount equal to one-quarter (1/4) of the principal of and interest becoming due on the 1999 <br />Bond on the next Payment Date, and shall further cause to be deposited into the Debt Service Fund <br />one business day prior to each Payment Date the proceeds of the Utilities Tax in an amount <br />necessary to satisfy any deficiency in the Debt Service Fund on such date; provided, however, that <br />such deposit of the interest and principal amount shall not be required to be made to the extent that <br />moneys on deposit in the Debt Service Fund are sufficient for such purpose. The City covenants to <br />deposit, on the business day prior to the Maturity Date, the proceeds of the Utilities Tax (or other <br />legally available moneys) into the Debt Service Fund in an amount sufficient to pay the outstanding <br />principal of and interest on the 1999 Bond. <br />The provisions of this subsection are in addition to the requirements of Section 3.3(c) of the 1998 <br />Bond Ordinance regarding the disposition of the proceeds of the Utilities Tax. <br /> <br />(d) Levy of Utilities Tax. Without the prior written consent of the Bank, the City will <br />not repeal, amend or modify the Utilities Tax Ordinance in any manner so as to (i) impair or <br />adversely affect the power and obligation of the City to levy and collect the Utilities Tax, or (ii) <br />impair or adversely affect in any manner the pledge of the Utilities Tax made herein. <br /> <br />Without the prior written consent of the Bank, the City will not change, revise or reduce <br />the Utilities Tax if, in the opinion of the City Manager, such change, revision or reduction will <br />result in producing less Pledged Revenues unless, in the opinion of the City Manager, such rates, <br />fees and charges as so changed, revised or reduced will produce sufficient Pledged Revenues to <br />comply with the requirements of the next succeeding paragraph. <br /> <br />Subject to the foregoing provisions of this Section, from time to time and as often as it <br />shall appear necessary the City shall revise the Utilities Tax as may be necessary or proper in <br />order that the Pledged Revenues shall at all times be sufficient in each fiscal year of the City to <br />provide an amount at least equal to one hundred ten percent (110%) of the principal and interest <br />requirements on the 1999 Bond and the City's outstanding Utilities Tax Revenue Bond, Series <br />1998 becoming due and payable during such fiscal year. The City covenants that, if the total <br />amount of Pledged Revenues realized in any fiscal year of the City shall be less than the amounts <br />referred to above for such fiscal year, it shall, before the 15th day of November of the following <br />fiscal year, take such actions as shall enable the City to comply with the coverage requirements <br />of this Section during such following fiscal year. <br /> <br />(e) Enforcement of Collections. The City will diligently enforce and collect the <br />Utilities Tax, will take steps, actions and proceedings for the enforcement and collection of such <br /> <br />15 <br />
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