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RES 2024025
City of Pleasanton
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CITY CLERK
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2020-present
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2024
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RES 2024025
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5/10/2024 4:29:09 PM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
5/7/2024
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<br /> <br /> <br />10 <br />SECURITY FOR THE 2024 BONDS <br /> <br />This section provides summaries of the security for the 2024 Bonds, and certain <br />provisions of the Indenture and the Installment Sale Agreement. Unless the context otherwise <br />requires, “Bonds” refers to the 2024 Bonds and any future Parity Debt outstanding under the <br />Indenture. See APPENDIX A for a more complete summary of the Indenture. Capitalized terms <br />used but not defined in this section have the meanings given in APPENDIX A. <br /> <br />General; Limited Obligation <br /> <br />The 2024 Bonds are special limited obligations of the Authority and will be payable from <br />and secured by a charge and lien on the Revenues, consisting primarily of the Installment <br />Payments to be made by the City under the Installment Sale Agreement, and all amounts held <br />in any fund or account established and held by the Trustee under the Indenture (other than the <br />Project Fund and the Cost of Issuance Fund). Neither the faith and credit nor the taxing power <br />of the Authority, the City, the State of California or any political subdivision thereof is pledged to <br />the payment of the Installment Payments or the principal or redemption price of or interest on <br />the 2024 Bonds. The Authority has no taxing power. Neither the payment of the principal of or <br />interest on the 2024 Bonds nor the obligation of the City to make Installment Payments under <br />the Installment Sale Agreement constitutes a debt of the City, the Authority, the State of <br />California or any political subdivision thereof in contravention of the Constitution or the laws of <br />the State of California. <br /> <br />Installment Payments; Pledge of Net Revenues <br /> <br />All of the Net Revenues are irrevocably pledged, charged and assigned to the punctual <br />payment of the Installment Payments. Such pledge, charge and assignment constitutes a lien <br />on the Net Revenues and such other moneys for the payment of the Installment Payments in <br />accordance with the terms of the Installment Sale Agreement, which lien is on a parity with the <br />pledge and lien which secures any future Parity Debt. For a description of existing and potential <br />future Parity Debt see “– Parity Debt” below. As used in the Installment Sale Agreement and in <br />the Indenture, the following terms have the following respective meanings: <br /> <br />Net Revenues. The Indenture defines “Net Revenues” as any Fiscal Year or other <br />period of computation, Gross Revenues for such period, less the Operations and Maintenance <br />Costs attributable to such period. <br /> <br />Gross Revenues. The Indenture defines “Gross Revenues” as, for each Fiscal Year, <br />all gross income and revenue received or receivable by the City from the ownership or operation <br />of the Water System, determined in accordance with generally accepted accounting principles, <br />including all rates, fees, and charges (including City connection fees and charges) as received <br />by the City for the services of the Water System, and all other income and revenue howsoever <br />derived by the City from the ownership or operation of the Water System or arising from the <br />Water System, including all income from the deposit or investment of any money in the Water <br />Fund or any rate stabilization fund of the City or held on the City’s behalf, and any refundable <br />deposits made to establish credit, and advances or contributions in aid of construction. <br /> <br />Operation and Maintenance Costs. The Indenture defines “Operation and <br />Maintenance Costs” as the reasonable and necessary costs paid or incurred by the City for <br />maintaining and operating the Water System, determined in accordance with generally accepted <br />accounting principles, including all reasonable expenses of management and repair and all
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