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PROJC00632
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PROJC00632
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Last modified
11/19/2009 11:44:04 AM
Creation date
10/6/2006 12:11:48 AM
Metadata
Fields
Template:
Loan Projects
Contract/PO #
C153778
Contractor Name
Upper Yampa Water Conservancy District
Contract Type
Loan
Water District
0
County
Routt
Bill Number
SB 97-008
Loan Projects - Doc Type
Contract Documents
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<br />..JUl. UI .....VLV nnl....... u . "... J.WI..' , W"" , ... .....". , <br /> <br />. <br /> <br />. <br /> <br />any sinking funds, or similar funds, and any reasonable required reserves for contingent <br />use in paying securities), As used in this paragraph, combined maximum principal and <br />interest requirements includes any required deposits from Gross Income and General <br />Taxes into a sinking or similar fund to be accumulated on a long-Ierm basis used to pay <br />the principal of or interest on the Bonds and any Series 1987 A Bond or Parity Bonds <br />outstanding or proposed to be issued, but excludes principal or interest to be paid from <br />such sinl<ing or such similar fund (bul only to Ihe extenl such principal or interest is <br />scheduled to be paid from such a fund) if deposils iDlo such sinking or such similar fund <br />are taken into account in computing trn\l{imurn annual principal and interest requirements, <br />and also excludes any required payments into a reasonably required reserve for <br />contingent use in paying securities (for instance, the Series 1993 Bonds Reserve Fund). <br /> <br />(iii) In determining whether or not Parity Bonds may be issued under the <br />fonnulas in paragrapll (ii), there may be added to the amount determined to be sucll Net <br />Revenues the amount estimated to equal the difference belween the actual Net Revenues <br />received during the Fiscal Year of the earnings test and the Nct Revenues which the <br />District would have received during said Fiscal Year if there had been available or in <br />operation during said Fiscal Year the facilities to be acquired with the proceeds of such <br />proposed Parity Bonds. Sucll estimate sl1all be made by a qualified regislered or licensed <br />professional engineer or firm of engineers experienced in evaluating water storage and <br />distribution facilities and in making projections as to their feasibility, and shall be <br />conclusively presumed to be accurate for such purpose. There also may be added to the <br />amount delermined to be the. General Tax proceeds collected the amount of any <br />anticipated increase iIi General Tax proceeds collecled during the Fiscal Year succeeding <br />the Fiscal Year in which the proposed l'arily Bonds are to be issued; provided however, <br />that the total amount of General Tax proceeds taken into consideralion, as so adjusted, <br />shall not exceed the amount generated by applying Ihe maximum mill levy permitted by <br />law at the time of such adjustment to the then most recent assessed valuation of Ihe <br />taxable property in the District A certificate by. the Board shall be conclusively <br />presumed to be accurate in making the adjustment provided in the previous sentence, <br /> <br />(iv) A written certification by an independent accountant (as defined in the Series <br />1993 Bond Resolution) thai the Net Revenues and proceeds from General Taxe5 <br />collected, wilh adjustments, if any, pursuant to paragraph (ii) hereof. are sufficient to pay <br />said amounts, sl1all be conclusively presumed 10 be accurate in detennining the right of <br />the Districl to authorize, issue, sell and deliver the Parity Bonds. The independent <br />accounrant may state in the certification, in effecl, Ihat he is not responsible for any such <br />adjustment figures induded therein. <br /> <br />(v) The Bonds, the Series 1987 A Bond and any Parity Bonds hereafter authorized <br />and from time to time outstanding shall not be entitled to any priority nne over the other <br />in the application of the Net Revenues regardless of ihe time or times of their issuance, <br />it being the intention of the Board that there shall be no priority among the Bonds, the <br /> <br />. <br /> <br />~o <br />
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