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AgdaPkt 2005-01-24
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AgdaPkt 2005-01-24
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Last modified
6/24/2011 10:49:35 AM
Creation date
1/20/2005 4:05:08 PM
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CC Index
CC Index - Document Type
Agenda Packet
Date
1/24/2005
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<br />"Maintenance and Operation Costs" means the reasonable and necessary costs and <br />expenses paid by the City for maintaining and operating the Enterprise, as determined in <br />accordance with Generally Accepted Accounting Principles, including but not limited to (a) the <br />reasonable expenses of management and repair and other costs and expenses necessary to <br />maintain and preserve the Enterprise in good repair and working order, and (b) administrative <br />costs of the City attributable to the Enterprise and the financing thereof. <br /> <br />Maintenance and Operation Costs does not include <br /> <br />. <br /> <br />depreciation, replacement and obsolescence charges or reserves therefore, <br /> <br />. <br /> <br />in any Fiscal Year prior to setting aside an amount equal to the Installment Payments <br />for such Fiscal Year, capital expenditures other than as set forth in subsection (a) <br />above, <br /> <br />. <br /> <br />amortization of intangibles or other bookkeeping entries or a similar nature. <br /> <br />Application of Revenues. The City is required to deposit all of the Gross Revenues of <br />the Enterprise immediately upon receipt in the Revenue Fund, which has been established and is <br />held and maintained by the City with respect to the Enterprise. <br /> <br />Amounts on deposit in the Revenue Fund will be applied by the City to pay when due the <br />following amounts in the following order of priority: <br /> <br />(i) <br /> <br />all Maintenance and Operation Costs of the Enterprise; <br /> <br />(ii) the Installment Payments, and payment of all other Parity Obligations (as <br />defined herein) and payment of amounts owed to the Insurer under the Installment <br />Purchase contract or pursuant to the Indenture; and <br /> <br />(iii) the amount of any deficiency in the Reserve Fund established for the <br />Bonds and in any reserve fund established for Parity Obligations. <br /> <br />All Net Revenues remaining after paying all of the sums listed above, or in connection <br />with any Parity Obligation, may be withdrawn by the Finance Officer for expenditure for any <br />lawful purpose of the City. From time to time the City may deposit in the Rate Stabilization Fund <br />from remaining Net Revenues or other available funds of the City such amounts as the City shall <br />determine. The City may withdraw amounts from the Rate Stabilization Fund (i) for transfer to <br />the Revenue Fund for inclusion in Gross Revenues for any Fiscal Year, or (ii) for any other <br />lawful use of the City. All interest or other earnings upon deposits in the Rate Stabilization Fund <br />shall be withdrawn therefrom and accounted for as Gross Revenues. <br /> <br />Rate Stabilization Fund. The City may withdraw amounts from the Rate Stabilization <br />Fund (i) for transfer to the Revenue Fund for inclusion in Gross Revenues for any Fiscal Year, <br />or (ii) for any other lawful use of the City. All interest or other earnings upon deposits in the Rate <br />Stabilization Fund shall be withdrawn therefrom and accounted for as Gross Revenues <br /> <br />Deposits to Payment Fund. On the third (3rd) Business Day next preceding each <br />Interest Payment Date (each an "Installment Payment Date"), the City shall deposit with the <br />Trustee, for deposit in the Payment Fund, from amounts legally available therefor on deposit in <br />the Revenue Fund, a sum equal to the amount of interest and principal becoming due under the <br />Installment Purchase contract on the next Interest Payment Date. <br /> <br />10 <br />
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