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<br />15 <br />Section 5.03. Against Sale or Other Disposition of Property. <br /> <br />The City will not sell, lease, encumber or otherwise dispose of the Enterprise or any part <br />thereof in excess of one-half of one percent of the book value of the Enterprise in any Fiscal <br />Year, unless a Finance Officer certifies that such sale, lease, encumbrance or disposition will <br />not materially adversely affect the operation of the Enterprise or the Net Revenues; provided <br />however, any real or personal property which has become non-operative or which is not needed <br />for the efficient and proper operation of the Enterprise, or any material or equipment which has <br />become worn out, may be sold or exchanged at not less than the fair market value thereof and <br />the proceeds (if any) of such sale or exchange shall be deposited in the Revenue Fund. <br /> <br />The City will not enter into any agreement or lease which would impair the ability of the <br />City to meet the covenant set forth in Section 5.14 hereof or which would otherwise impair the <br />rights of the Bond Owners or the operation of the Enterprise. <br /> <br />Section 5.04. Against Competitive Facilities. <br /> <br />The City will not, to the extent permitted by law, acquire, maintain or operate and will not, <br />to the extent permitted by, law and its current contractual rights and obligations and within the <br />reasonable, scope of its powers, permit any other public or private agency, corporation, district <br />or political subdivision or any person whomsoever to acquire, maintain or operate within the City <br />any utility system competitive with the Enterprise, which utility system has a materially adverse <br />impact on Revenues. <br /> <br />Section 5.05. Tax Covenants. <br /> <br />(a) Private Activity Bond Limitation. The City will assure that the proceeds of the <br />Bonds are not so used as to cause the Bonds to satisfy the private business tests of section <br />141(b) of the Code or the private loan financing test of section 141(c) of the Code. <br /> <br />(b) Federal Guarantee Prohibition. The City will not take any action or permit or <br />suffer any action to be taken if the result of such action would be to cause any of the Bonds to <br />be "federally guaranteed" within the meaning of section 149(b) of the Code. <br /> <br />(c) Rebate Requirement. The City will take any and all actions necessary to assure <br />compliance with section 148(f) of the Code, relating to the rebate of excess investment <br />earnings, if any, to the federal government, to the extent that such section is applicable to the <br />Bonds. <br /> <br />(d) No Arbitrage. The City will not take, or permit or suffer to be taken by the Trustee <br />or otherwise, any action with respect to the proceeds of the Bonds which, if such action had <br />been reasonably expected to have been taken, or had been deliberately and intentionally taken, <br />on the date of issuance of the Bonds would have caused the Bonds to be "arbitrage bonds" <br />within the meaning of section 148 of the Code. <br /> <br />(e) Maintenance of Tax-Exemption. The City will take all actions necessary to assure <br />the exclusion of interest on the Bonds from the gross income of the Owners of the Bonds to the <br />same extent as such interest is permitted to be excluded from gross income under the Code as <br />in effect on the date of issuance of the Bonds. <br /> <br />8.A. - Page 183 of 255 <br />811