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21 ATTACHMENT 2
City of Pleasanton
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CITY CLERK
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2021
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072021
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21 ATTACHMENT 2
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7/15/2021 2:12:52 PM
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7/15/2021 11:28:08 AM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
7/20/2021
DESTRUCT DATE
15Y
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21
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-4- <br />Wastewater delivered by Pleasanton to the Enterprise, after adjusting for recycled wastewater as noted below, or any combination of the preceding methods of delivery which provides for measurement of all of Pleasanton’s flows into the Enterprise. The Actual Flow for the District shall be the difference between the amount of Wastewater delivered from the District’s treatment plant to the Enterprise and the amount of the Actual Flow for Pleasanton received at the District’s treatment plant, after adjusting for recycled wastewater at the District’s Treatment Plant that is not delivered to the Enterprise. “Actual Variable LAVWMA Maintenance and Operation Costs” means, for any Fiscal Year for any given facilities of the Enterprise, the actual Variable LAVWMA Maintenance and Operation Costs for such Fiscal Year for such facilities as stated in the annual audited financial statement for the Enterprise prepared and submitted to Members in accordance with Section 3.08(b). “Bonds” means the 2021 Bonds, any Parity Bonds, as defined in the Indenture, and any bonds or other obligations issued to refund the 2021 Bonds or any Parity Bonds. “Bond Redemptions” means funds sent by the District to the trustee for the Bonds from draws on the Rate Stabilization Fund in addition to Debt Service accompanied by irrevocable instructions to the trustee for the Bonds that such funds are to be applied to the redemption of Expansion Project Bonds in accordance with the optional redemption provisions of the Indenture or any Parity Bonds Instrument. “Budgeted Fixed Costs” means, for any given period, the estimated Fixed Costs for such period as stated in the annual budget for the Enterprise prepared and submitted to Members in accordance with Section 3.07. “Budgeted Variable LAVWMA Maintenance and Operation Costs” means, for any given period for any given facilities of the Enterprise, the estimated Variable LAVWMA Maintenance and Operation Costs for such period for such facilities as stated in the annual budget for the Enterprise prepared and submitted to Members in accordance with Section 3.07. “Charges” means, (i) Regional Service Charges for the District and Pleasanton, , and (ii) for Livermore, fees, connection fees, capacity fees, tolls, assessments, rates and charges, including user charges prescribed and collected by the City Council of Livermore for the services and facilities of Livermore’s Sewer System furnished by Livermore within its jurisdiction. To provide clarity, the term “Charges” does not include Pleasanton Local Charges. “Continuing Disclosure Certificates” means those certain Continuing Disclosure Certificates executed by LAVWMA and each of the Members and dated the date of original execution and delivery of the 2021 Bonds, as originally executed and as they may be amended from time to time in accordance with the terms thereof.
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