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RES 94044
City of Pleasanton
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RES 94044
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
4/19/1994
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repository for examination and copying by any owner at such Owner's expense during <br />business hours on Business Days. <br /> <br /> Section 5.12. Protection of Security and Rights of Authority; Amendment. <br /> The City will preserve and protect the security and the rights of the Authority to <br />the Installment Payments and the interest thereon hereunder and will warrant and defend such <br />rights against all claims and demands of all persons. In connection therewith, the Authority <br />and the City shall not amend this Installment Purchase Contract without first obtaining (i) the <br />prior written consent of the Trustee, which consent shall not be unreasonably withheld, and <br />(ii) an opinion of nationally recognized bond counsel to the effect that such amendment will <br />not materially adversely affect the security of the Owners. <br /> <br /> Section 5.13. Payment of Taxes and Compliance with Governmental <br /> Regulations. <br /> <br /> The City will pay and di. scharge all taxes, assessments and other governmental <br /> charges, if any, which may hereafter be lawfully imposed upon the Enterprise or any part <br /> thereof or upon the Revenues when the same shall become due. The City will duly observe <br /> and conform with all vali. d regulations and requirements of any governmental authority <br /> relative to the operation of the Enterprise or any part thereof, but the City shall not be required <br /> to comply with any regulations or requirements so long as the validity or application thereof <br /> shall be contested in good faith. <br /> <br /> Section 5.14. Amount of Rates and Charges. <br /> <br /> The City will at all times fix, prescribe and collect rates, fees and charges for <br /> the Water Service which are reasonably fair and nondiscriminatory and which will be at least <br /> sufficient to yield Net Revenues during the next succeeding twelve-month period equal to one <br /> hundred twenty-five percent (125%) of the Debt Service for such twelve-month period and <br /> which will be at least sufficient to meet all the City's obligations hereunder. The City may <br /> make adjustments from time to time in such rates, fees and charges and may make such <br /> classification thereof as it deems necessary, but shall not reduce the rates, fees and charges <br /> then in effect unless the Net Revenues from such reduced rates, fees and charges will be all <br /> times be sufficient to meet the requirements of this section. <br /> <br /> Section 5.15. Collection of Rates and Charges~ <br /> <br /> The City will have in effect at all times rules and regulations requiring all users <br /> of the Water Service provided by the City that is provided or made available to pay the rates, <br /> fees and charges applicable to the Water Service provided or made available to such users, <br /> and providing for the billing thereof and for a due date and a delinquency date for each bill. In <br /> each case where such bill remains unpaid in whole or in part after such bill becomes <br /> delinquent, the City may refuse to provide or make available Water Service to such premises <br /> until all delinquent rates, fees and charges and penalties have been paid in full. <br /> <br /> 16 <br /> 9406701W.LA I <br /> <br /> <br />
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