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• <br />• <br />• <br />report any current or anticipated deficiency in the Debt Service Fund to the City Council. There <br />is appropriated to the Debt Service Fund (i) any amount over the minimum purchase price of the <br />Bonds paid by the Purchaser, and (ii) the accrued interest paid by the Purchaser upon closing and <br />delivery of the Bonds. <br />(b) The proceeds of the Bonds, less the appropriations made in paragraph (a), <br />together with any other funds appropriated during the construction of the Project financed by the <br />Bonds (the "Project ") will be deposited in a separate construction fund to be used solely to <br />defray expenses of the Project and the payment of principal and interest on the Bonds prior to the <br />completion and payment of all costs of the Projects. When the Project is completed and the cost <br />thereof paid, the construction account is to be closed and any balance therein is to be deposited in <br />the Debt Service Fund. <br />4.02. The City Council covenants and agrees with the holders of the Bonds that so long <br />as any of the Bonds remain outstanding and unpaid, it will keep and enforce the following <br />covenants and agreements: <br />(a) The City will continue to maintain and efficiently operate the water and <br />sewer utility system as public utilities and conveniences free from competition of other <br />like municipal utilities and will cause all revenues therefrom to be deposited in bank <br />accounts and credited to the water and sewer utility system accounts as hereinabove <br />provided, and will make no expenditures from those accounts except for a duly <br />authorized purpose and in accordance with this resolution. <br />(b) The City will also maintain the Debt Service Fund as a separate account in <br />the Utility Fund and will cause money to be credited thereto from time to time, out of net <br />revenues from the water and sewer utility plant and system in sums sufficient to pay <br />principal of and interest on the Bonds when due. <br />(c) The City will keep and maintain proper and adequate books of records and <br />accounts separate from all other records of the City in which will be complete and correct <br />entries as to all transactions relating to the water and sewer utility system and which will <br />be open to inspection and copying by any bondholder, or the bondholder's agent or <br />attorney, at any reasonable time, and it will furnish certified transcripts therefrom upon <br />request and upon payment of a reasonable fee therefor, and said account will be audited <br />at least annually by a qualified public accountant and statements of such audit and report <br />will be furnished to all bondholders upon request. <br />(d) The City Council will cause persons handling revenues of the water and <br />sewer utility system to be bonded in reasonable amounts for the protection of the City <br />and the bondholders and will cause the funds collected on account of the operations of <br />the water and sewer utility system to be deposited in a bank whose deposits are <br />guaranteed under the Federal Deposit Insurance Law. <br />293490v1 SJB LN140 -95 <br />11 <br />