RES 02047 - Laserfiche WebLink

"Independent Certified Public Accountant"' means any firm of certified public accountants appointed by the City which is independent pursuant to the Statement on Auditing Standards No. I of the American Institute of Certified Public Accountants, "Information Services" means Financial Information. Inc.'s "Dailv Called Bond Service," 30 Montgomery Street. 10th Floor. Jersey City. New Jersey 07302. Attention: Editor: Kenny Information Services' ''Called Bond Service," 65 Broadway. 16th Floor. New York. New York 10006; Moody's "Municipal and Government." 99 Church Street. 8th Floor. New York. New York 10007, Attention: Municipal News Reports: S&P's "Called Bond Record," 25 Broadway. 16th Floor. New York. New York 10004; and. in accordance with then current guidelines of the Securities and Exchange Commission. such other addresses and/or such other information services providing information with respect to called bonds as the City may designate to the Trustee, "Interest PaYment Date" means September I. 2002 and each March I and September I thereafter. "Maintenance and Operation Costs of the Enterprise" means the reasonable and necessary costs spent or incurred by the City for maintaining and operating the Enterprise. including amounts payable for treatment of sewage collected by the Enterprise. calculated in accordance with Generally Accepted Accounting Principles. including all reasonable and necessary expenses of management and repair and other expenses necessary to maintain and preserve the Enterprise in good repair and working order. and including all reasonable and necessary adrninistrative costs of the City attributable to the Enterprise and to this Indenture. the Bonds. Parity Bonds and Contracts. such as salaries and wages of employees. overhead. insurance. taxes (if any). expenses. payments to other governmental entities providing Sewer Service pursuant to an agreement with the City. reasonable compensation and indemnification of fiscal agents. paying agents and trustees with respect to the foregoing and fees of auditors. accountants. attorneys or engineers. and including all other reasonable and necessary costs of the City or charges required to be paid by it to comply with the terms hereof and the Bonds. Parity Bonds and Contracts and all applicable federal. state and local requirernents pertaining to the operation of the Enterprise. but excluding depreciation. replacement and obsolescence charges or rescrves therefor and arnortization of intangible or other bookkecping entries of a similar nature, "Moody's" rneans Moody's Investors Service. Inc.. its successors and assigns, "Net Proceeds" means. when used with respect to any insurance or condemnation award. the proceeds from such insurance or condemnation award remaining after payment of all reasonable expenses (including attorneys' fees) incurred in the collection of such proceeds, "Net Revenues" means. for any period. all of thc applicable Revenucs during such period less all of the applicable Maintenance and Operation Costs of the Enterprise during such pcriod. "Nominee" means (a) initially. Cede & Co.. as norninec of DTC. and (b) any other nominee of a Depository designated pursuant to Section 2,11 hercof. -5- Pleasanton Cross Town Indenture (2).DOC