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RES 2024025
City of Pleasanton
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CITY CLERK
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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 />15 <br />days prior to the adoption of the Parity Debt Instrument pursuant to which such Parity <br />Debt is issued, as shown by the books of the City, plus, at the option of the City, any or <br />all of the items hereinafter in this paragraph designated (i) and (ii), must at least equal <br />120% of Maximum Annual Debt Service, with Maximum Annual Debt Service calculated <br />on all bonds and other obligations to be outstanding immediately subsequent to the <br />issuance of such Parity Debt which have a lien on Net Revenues of the Water System. <br />The items any or all of which may be added to such Net Revenues for the purpose of <br />issuing or incurring Parity Debt under the Indenture are the following: <br /> <br />(i) An allowance for Net Revenues from any additions to or <br />improvements or extensions of the Water System to be made with the proceeds <br />of such Parity Debt, and also for Net Revenues from any such additions, <br />improvements or extensions which have been made from moneys from any <br />source but in any case which, during all or any part of such Fiscal Year or such <br />12-month period, were not in service, all in an amount equal to 90% of the <br />estimated additional average annual Net Revenues to be derived from such <br />additions, improvements and extensions for the first 36-month period in which <br />each addition, improvement or extension is respectively to be in operation, all as <br />shown in the written report of an Independent Consultant engaged by the City; <br />and <br /> <br />(ii) An allowance for revenues projected to arise from any increase in <br />the Charges which has been approved by the City Council prior to the incurring <br />of such additional indebtedness but which, during all or any part of such Fiscal <br />Year or such 12-month period, was not in effect, in an amount equal to the <br />amount by which the Net Revenues would have been increased if such increase <br />in Charges had been in effect during the whole of such Fiscal Year or such 12- <br />month period, all as shown in the written report of an Independent Consultant <br />engaged by the City. For the avoidance of doubt, a Charge shall be considered <br />to have been approved by the City Council and may be considered in the <br />calculation of the allowance described in the previous sentence if the Charge is <br />part of a rate increase that has been approved by the City Council, even if the <br />specific Charge will not take effect until a subsequent Fiscal Year. <br /> <br />(c) The Parity Debt Instrument providing for the issuance of such Parity Debt <br />under the Installment Sale Agreement shall: <br /> <br />(i) Provide that the proceeds of such Parity Debt will be applied to <br />the acquisition, construction, improvement, financing or refinancing of additional <br />facilities, improvements or extensions of existing facilities within the Water <br />System, or otherwise for facilities, improvements or property which the City <br />determines are of benefit to the Water System, or for the purpose of refunding <br />any Parity Debt in whole or in part, including all costs (including costs of issuing <br />such Parity Debt and including capitalized interest on such Parity Debt during <br />any period which the City deems necessary or advisable) relating thereto; <br /> <br />(ii) Specify the date on which interest on such Parity Debt will be <br />payable; and <br /> <br />(iii) Specify the date on which principal on such Parity Debt will be <br />payable.
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