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<br />. <br /> <br />. <br /> <br />. <br /> <br />of any facilities or equipment of said system or any by-products thereof, less all normal, <br />reasonable, or current costs of owning, operating, and maintaining said system. If any payment <br />of principal or interest on the Bonds shall become due when there are not sufficient funds <br />pledged for such purposes in the Debt Service Account to pay the same, the City Finance <br />Director shall pay such principal or interest from the general fund or other available fund of the <br />City, and such fund shall be reimbursed for such advances from the proceeds of the Net <br />Revenues, when collected. The City hereby covenants that it will impose and collect charges for <br />the service, use, and availability of and connection to the City's municipal water system at the <br />times and in the amounts required to produce such Net Revenues adequate, together with other <br />sources of funding available for such purposes, to pay in a full and timely manner all principal of <br />and interest on the Bonds, and on any and all other obligations which are or may become payable <br />in whole or in part from such Net Revenues. Provided such debt service coverage is found to <br />exist (and the Council hereby makes said finding with respect to the Bonds), the City may issue <br />additional obligations secured in whole or in part from such Net Revenues, whose pledge to any <br />such new obligations may be made superior or subordinate to, or on a parity with, the pledges of <br />such Net Revenues made herein to the Bonds. <br /> <br />The City has heretofore issued and currently has outstanding certain general obligations <br />of the City which are payable from certain of the Net Revenues of the municipal water system, <br />and the Council hereby determines that the estimated Net Revenues will be sufficient, in addition <br />to all other sources available for such purposes, for the payment of the Bonds and all such <br />additional obligations, and accordingly the pledges and appropriations of Net Revenues to the <br />payment of the Bonds pursuant to this Resolution are hereby made on a parity with any and all <br />such prior pledges of Net Revenues. <br /> <br />No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire <br />higher yielding investments or to replace funds which were used directly or indirectly to acquire <br />higher yielding investments, except for an available and reasonable "temporary period" until <br />such proceeds are needed for the purpose for which the Bonds were issued, and for any available <br />"minor portion." To this effect, any proceeds of the Bonds and any sums from time to time held <br />in the Refunding Account and Debt Service Account (or any other City account which will be <br />used to pay principal and interest to become due on the Bonds) in excess of amounts which <br />under then-applicable federal arbitrage regulations may be invested without regard to yield shall <br />not be invested at a yield in excess of the applicable yield restrictions imposed by the arbitrage <br />regulations on such investments after taking into account any applicable "temporary periods" or <br />"minor portion" made available under the federal arbitrage regulations. In addition, the proceeds <br />of the Bonds and money in the Fund shall not be invested in obligations or deposits issued by, <br />guaranteed by or insured by the United States or any agency or instrumentality thereof if and to <br />the extent that such investment would cause the Bonds to be "federally guaranteed" within the <br />meaning of Section l49(b) of the Internal Revenue Code of 1986, as amended, and regulations, <br />rulings and decisions thereunder (the "Code"). <br /> <br />17. 105% Debt Service Coverage. It is hereby determined that the estimated <br />collections of the revenues dedicated to the Debt Service Account pursuant to paragraph l6(ii) of <br />this Resolution would produce at least 5% in excess of the amount needed to meet, when due, the <br />principal of and interest on the Bonds. The City shall file a certified copy of this Resolution with <br /> <br />1448297vl <br /> <br />18 <br />