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<br />Rate Covenant <br /> <br />The City covenants in the indenture to fix, prescribe. revise and collect rates. fees, and <br />charges for the sewer service which are reasonably fair and nondiscriminatory and which <br />are at least sufficient. after making allowances for contingencies and error in the estirnates, <br />to yield gross revenues in each fiscal year sufficient to: <br /> <br />· Pay the maintenance and operation costs, bond payments, principal and interest on <br />any parity debt and other City obligations payable from the gross revenues. <br /> <br />· Restore the balance of the reserve fund to the full amount of the reserve requirement, <br />if required. <br /> <br />· Yield net revenues of at least 125 percent of annual bond pa}ments and pa}ments on <br />parity debt. <br /> <br />Reserve Fund <br /> <br />The indenture establishes a reserve fund as a reserve for the payment of the Bonds. <br />The reserve fund will be initially funded from proceeds of the Bonds, and will be held by <br />the trustee and.maintained in the amount of the reserve requirement. It is anticipated <br />that the reserve requirement is 10 percent of the principal amount of the Bonds being <br />issued. If the balance in the reserve fund exceeds the reserve requirement. the trustee will <br />transfer the excess to the debt service account at least semiannually or prior to each interest <br />payment date. <br /> <br />Issuance of Parity Debt <br /> <br />Pursuant to the indenture. the City rnay at any time issue any parity bonds or execute any <br />contract the payment of which are payable from the net revenues on a parity "';th the <br />pa}ment of the Bonds provided that certain covenants contained in the indenture are met, <br />including the following: <br /> <br />· Net revenues for the most recent completed fiscal year for which audited financial <br />statements have been prepared. or for any other more recent 12-month period, equal <br />at least 125 percent of maximum annual debt service on the Bonds and parity debt. <br /> <br />· Ninety-five percent of additional revenues from adopted rate increases or system <br />additions may be added to net revenues for this purpose. <br /> <br />· All payments of parity debt will occur on the due date of the Bonds and the terms <br />structured to ensure that they are in all respects payable on a parity with the payment <br />of the Bonds and not prior thereto. <br /> <br />The City may not issue or incur any obligations which are superior to the Bonds. but may <br />issue or incur obligations which are either unsecured or subordinate to the Bonds or to <br />finance cornpletion of any uncompleted improvements to the enterprise or refund any <br />outstanding bonds or contracts. <br /> <br />4 <br />