Laserfiche WebLink
. _ _ <br /> ' (2) The Instaliment Payments and all payments (including payments of <br /> interest and under reimbursement agreements) with respect to related Parity Obligations <br /> (whether issued or incurred before or after the date hereofl as they become due and <br /> payable; <br /> (3) Amounts necessary to bring the amount of funds in the Reserve Fund or <br /> in reserve funds established for Parity Obligations up to the respective Reserve • <br /> Requirement within one year of a draw thereon; and <br /> (4) All payments required to meet any other obligations of the City which are <br /> charges, liens, encumbrances upon, o� which are othervvise payable from the Gross <br /> Revenues during such Fiscal Year. <br /> (b) Furthermore, the City shall fix, prescribe, revise and collect rates, fees and <br /> charges for the services and facilities furnished by the Enterprise during each Fiscal Year which <br /> are sufficient to yield es#imated Net Revenues which are at least equal to one hundred twenty <br /> percent (120%) of the aggregate amount of the Installment Payments, and principal of and <br /> interest on any Parity Obligations payable from Net Revenues coming due and payable during <br /> such Fiscal Year. The City may make adjustments, from time to time, in its rates, fees and <br /> charges as it deems necessary, but shall not reduce its rates, fees and charges below those in <br /> effect unless the Net Revenues resulting from such reduced rates, fees and cha�ges shall at all <br /> times be sufficient to meet the requirements set forth in this paragraph. <br /> (c) If the City violates the covenants set forth herein, such violation shall not, in and <br /> of itself, be a default under this Installment Purchase Contract and shall not give rise to a <br /> declaration of an Event of Default if the coverage calculated hereunder does not decrease <br /> below 1.00 times annual Debt Service on the Bonds, Parity Obligations, amounts sufficient to <br /> maintain the Reserve Fund at the Reserve Requirement, and Maintenance and Operation Costs <br /> of the Enterprise and, within 120 days after the date such violation is discovered, the City hires <br /> an Independent Municipal Finance Consultant to review the revenues and expenses of the <br /> Enterprise and abides by such consultanYs recommendations to revise the schedule of rates, <br /> fees and charges and to revise any Maintenance and Operation Costs of the Enterprise insofar <br /> as practicable and to take such other actions as are necessary so as to produce Net Revenues <br /> to cure such violation for future compliance; provided, however, that if the City does not cure <br /> such violation within twelve (12) months succeeding the date such violation is discovered, an <br /> Event of Default shall be deemed to have occurred unde�Section 7.01(b). <br /> (d) The City shall furnish to the Trustee by each April 1 following the close of each of <br /> its Fiscal Years, an audit report of an Independent Certified Public Accountant with respect to <br /> the Fiscal Year, together with a certificate of the City certifying that the City has complied with its <br /> rate covenant contained in subsections (a) and (b) above for the Fiscal Yea�. <br /> Section 5.15. Operation of Enterprise; Collection of Rates and Charges. <br /> The City will, so long as the Bonds are Outstanding, continue to operate the Enterprise <br /> and shall have in effect at all times rules and regulations requiring all users of the Enterprise <br /> provided by the City that is provided or made available to pay the rates, fees and charges <br /> applicable to the Enterprise provided o� made available to such users, and providing for the <br /> billing thereof and for a due date and a delinquency date for each bill. In each case where such <br /> bill remains unpaid in whole or in part after such bill becomes delinquent, the City, in <br /> accordance with law, may refuse to provide or make available the services provided by the <br /> 17 <br />