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Show The total billings for such fiscal year and the average (vlll) monthly billing per customer for such service. All schedules of rates and charges Imposed for (lx) (Continued from Page 9) service from the System during the fiscal year. sudh use may be invested as hereafter provided. When the ReAll expenses Incurred In the making of the audits (f) serve Account has been accumulated as In this paragraph prorequired by this Section shall be regarded and paid as an Operavided, no further allocations to the Reserve Account need tion and Maintenance Expense. The Municipality agrees to furbe made unless payments from the Reserve Account have renish a copy of each such audit to each registered owner of the duced the same below the amount required by this paragraph, bonds and to the holder of any bearer bond if requested by such In which event allocations shall be resumed until such deficiency holder and any such owner or holder shall have the right to has been remedied. discuss with the accountant making the audit the contents of the audit and to ask for such additional information as he or they to the Sinking Fund, after Of the amounts allocated (iv) may reasonably require. there shall have been allocated the aforesaid amounts. Including The Municipality will furnish to any bond holder other (g) any amounts to remedy any deficits which may have occurred financial statements and other information relating t o the SysIn the allocations required to be made to the Bond Account and tems as such holder may from time to time reasonably request. the Reserve Account, there shall be allocated monthly, on or The Municipality In Its operation of the Systems will (h) established before the 10th day of each month, to a Insurance, including workman's compensation insurance on the books of the Municipality known as the Emergency carry and of Insurance, in such amounts and to the extent such sum liability the public $60.00, and plus Account," Repair Replacement other municipalities operating utilities of carried monthl meet to amount by be normally y as may additional any required the same type. The cost of such Insurance shall be considered Installment to paid account not therefore made in whole or In part, such allocations shall continue unti there shall have been one of the Operation and Maintenance Expenses of the System. In the event of loss or damage, insurance proceeds shall be used accumulated In said account the sum of $10,000.00. Such acfirst fair the purpose of restoring or replacing the property count shall be used solely for emergency repairs and replacelost or damaged. All employees of the Municipality handling ments to the System should such repairs or replacements be funds and accounts of the Syst em shall be bonded at all times account than the Is amount in less this the At any time necessary. in an amount equal to the total funds in their possession or the balance prescribed above, deposits shall be resumed until the required amount has been so transferred to such account. custody at any one time, exclusive of amounts In the Construction Fund. The United States of America shall be named as a All remaining funds, If any, In the Sinking Fund (v) to with the Municipality on all such fidelity bonds as long Into made be of the aforesaid after all payments required the various funds and accounts have been made, may be used as the Government is the registered owner of any of the Water to prepay or redeem the bonds In whole or in part, or t o make Revenue Subordinate Bonds. The premium of such fidelity bonds shall be paid by the Municipality as an Operation and Mainextensions. Improvements, additions, repairs and replacements tenance Expense of the System. to the system and for any other lawful purposes. The Municipality will not sell, lease, mortgage, en(1) All monies in the Reserve Account may be Invested, (c) cumber or in any other manner dispose of the system or any in the discretion of the Governing Body, In direct obligations substantial part thereof, including any and all extensions and of the United States of America maturing not later than two additions that may be made thereto, until the Water Revenue of of or in Time Certificates the date from (2) years purchase to principal Deposit issued by any bank In the State of Utah authorized to Subordinate Bonds have been paid In full, both as and interest, except that the Municipality may sell any portion act as a depository of public funds under the laws of the State of said property which shall have been replaced by other property of Utah maturing not later than two (2) years from the date of of at least equal value or which shall cease to be necessary the be held shall Such Investments by Municipality purchase. for the efficient operation of the System. as a special trust fund separate and apart from all other investments and funds of the Municipality, and shall be liquidated (j) The Municipality will not permit nor grant a franchise for the operation of any competing systems in the Munas prevailing market prices whenever and to the extent necessary to use the funds derived thereby to pay the principal and interest icipality. The Municipality will comply with all laws and regu(k) on the Bonds as and when the same become due and payable. lations of the State of Utah with respect to the operation of the If at any time, the net revenues derived from the oper(d) ation of the system shall be insufficient to make any payment System and will from time to time duly pay and discharge or cause to be paid and discharged all taxes, assessments and other to any of the above funds or accounts on the date or dates speciGovernmental charges, If any, lawfully imposed upon the System fied, the Municipality shall make good the amount of such deor any part thereof or upon the revenues derived therefrom, availout of the additional first payments ficiency by making Including any lawful claims for labor, materials or supplies able revenues thereafter derived from the operation of the which if unpaid might, by law, become a lien or charge upon System. the System or any part thereof or said revenues or which might First State Bank, Manti, Utah, is hereby designated (e) as custodian of the revenues for the purposes of this Section. impair the security of the Water Revenue Subordinate Bonds, except when said Municipality in good faith contests its liability All the revenues received shall, from day to day as received, to pay the same. be deposited in said bank and shall be allocated by said bank periodically 1 n the manner described herein. All money so held SECTION 16. The Municipality covenants to the purchasers by the custodian bank shall be held as special and not general of the Bonds that it will make no use of the proceeds of either deposits, and all money held in the above funds or accounts shall be held as special trust funds, the beneficial Interest in Issue of Bonds authorized by this Resolution or of the revenues which shall be in the holder or holders of the bonds. All money derived from the System which, If such use had been reasonably so held by the custodian bank shall be secured to the fullest expected on the date the Bonds of either issue are Issued, would extent required or permitted by the laws of Utah pertaining to have caused such Bonds to be arbitrage bonds within the meaning of Section 103(d) ofthelnternalRevenueCodeof the securing of public deposits. 1954, as amended, The Governing Body may, by resolution, remove said bank and as Interpreted by the regulations proposed for such Code as custodian and designate a different bank to so act, provided, section are promulgated, in corresponding provisions of such permanent regulations unless, under any valid provision of law that, any bank so designated shall be one insured by the Federal not in effect or after enacted, the Interest paid by the Municipality Deposit Insurance Corporation and qualified as a depository of on the Bonds: public funds under the laws of the State of Utah. SECTION 15. The Municipality covenants with the regis(l) Shall be excludable from the gross income of a retered owner of each of the registered Water Revenue Suborcipient thereof For Federal Income tax purposes without regard to whether or not such Bonds are arbitrage Bonds, or dinate Bonds and with the holders, from time to time, of each of the Water Revenue Subordinate Bonds payable to bearer that (11) Shall be exempt from all income taxation. A bond holder shall not be responsible for SECTION 17. so long as any principal of or Interest on the bonds remains any liabilities Incurred by the Municipality in the construction outstanding and unpaid: The rates for all service supplied by the System to or improvement of the System or for the failure of the System (a) to function successfully. all users thereof shall be reasonable and Just, taking into acSECTION 18, The Mayor and City Recorder are hereby count and consideration the cost and value of the System, the cost of maintaining and operating the same and the amounts necessary authorized and directed to execute for and on behalf of the Munto pay the principal and interest on the Water Revenue Suboricipality all forms and documents required by the Government incident to Its purchase of the Water Revenue Subordinate Bonds. dinate Bonds as the same shall become due and to maintain SECTION 19. The Municipality hereby finds, determines the funds and accounts hereinabove referred to and established. and certifies that it is unable to obtain sufficient credit, except There shall be no free service and all users, Including the Munfrom the Government, at reasonable rates and terms, taking icipality shall be charged for any service furnished by or through into consideration prevailing and private cooperative rates and the System, Including all extensions and improvements thereto terms In or near it for similar purposes and periods of time. hereafter constructed or acquired. For all users of water The Municipality hereby covenants and agrees with the Governservice supplied by the Issuer who are also users of sewer service, a single bill shall be rendered for both of such ser- ment that if at any time while the Water Revenue Subordinate vices and provision made for the suspension of water service Bonds are held by the Government, it shall appear to the Governto any user who shall become delinquent In the payment of charges ment that the Municipality may be able to obtain credit from f or water service or sewer service or both. other sources at reasonable rates and terms for loans for similar purposes and periods of time, the Municipality, within If any user defaults In payment of his fees or charges, the limitation of its then existing legal powers, and at the Go(b) vernments request, will make an effort in good faith to pay in appropriate proceedings will be instituted promptly for collection full all principal and accrued interest remaining on the Water of the delinquent fees or charges, with such penalties thereon Revenue Subordinate Bonds then held by the Government, by as may be provided. If such proceedings are not instituted issuing refunding bonds or otherwise. promptly, the registered owner of the Water Revenue SuborSECTION 20, Any serial Water Revenue Subordinate Bonds dinate Bond or the registered owners or holders of a majority Issuable hereunder shall not be entitled to any priority over the of the prlnci pal amount of the serial Water Revenue Subordinate Bonds then outstanding shall have the ri ght to make applicaother in the application of the net revenues of the system herein tion to an appropriate court for the appointment of a receiver pledged. Regardless of the time or times of their issuance, it to manage t he System and to collect delinquent revenues. The being the intention of the Municipality that there shall be no registered owner(s) of the Water Revenue Subordinate Bonds will priority among the said Bonds authorized to be issued pursuant to this Resolution regardless of the fact that they may be actualbe given at least annually a complete list of all delinquencies. The System will be maintained in good repair and (c) ly issued and delivered at different times. It is expressly agreed and covenanted that the Municipality working order and will be operated In an efficient manner and will not hereafter issue any bonds or obligations payable from at a reasonable cost and will not be alienated, provided, however, any portion of the System which has becomfe nonproduc- the revenues of the System or any part thereof, or which constitutes a lien on such revenues or on the System until all the tive or otherwise unusable may be abandoned or not operated. Water Revenue Subordinate Bonds issued pursuant to this Resolu(d) Proper books of record and account will be kept, separate and apart from all other records and accounts of the tion have been paid in full unless such additional bonds are issued in such manner that they are in all respects subordinate to the Municipality, showing complete and correct entries of all transactions relating t o the systems. Any bond holder or any duly Water Revenue Subordinate Bonds. The provisions of the foregoing paragraph are subject authorized agent or agents of a bond holder shall have the right to the following two exceptions: at all reasonable times to Inspect all records, accounts and data The Water Revenue Subordinate Bonds or any part (1) relating to the System and to inspect the System and all propthereof may be refunded (but only with the consent of the regiserties comprising the system. The Municipality further agrees tered owners thereof and the holders of any bonds payable to that it will within sixty (60) days following the close of each fiscal year (the term fiscal year" is used In this Section means bearer unless such bonds have matured or are then callable for whatever twelve month period the Municipality may from time redemption and have been properly so called or will mature or become callable for redemption by their terms within twelve (12) to time designate for its general financial accounting purposes) months thereafter). The refunding bonds so issued shall enjoy a cause an audit of such books and accounts to be made by an inlien on one hundred percent (100) of the net revenues on a dependent firm of certified public accountants or public accountants, showing the receipts and disbursements for account parity with the Water Revenue Subordinate Bonds herein authorized except that if fewer than all of the Water Revenue Suboof the system, and such audit will be available for Inspection rdinate Bonds outstanding at the time are so refunded, no refunding by the holder or holders of the bonds. Each such audit, in adbonds shall bear interest at a rate higher or mature at a date dition to whatever matters may be thought proper by the accountant to be included therein, shall Include the following: earlier than the corresponding bond refunded thereby without the consent of the owners and holders of all of the unrefunded A statement In detail of the Income and expenditures (I) bonds. In all other respects, refunding bonds may be secured of the System for such fiscal year. A balance sheet for the System as of the end of each in such manner and may be payable from such sources and be (II) fiscal year. subject to other terms and provisions that may be provided in The accountant's comment regarding the manner In the resolution or ordinance authorizing their Issuance. Refunding (III) which the requirements of this Resolution have been carried bonds may be exchanged for not less than a like principal amount of the Water Revenue Subordinate Eonds authorized to be refunded, out, and the accountants recommendations for any change or may be sold or may be exchanged in part or sold In part. If Improvement In the operation of the Systems. A list of the Insurance policies in force at the end sold, the proceeds of the sale not required for the payment of (iv) f the fiscal year, setting out as to each policy the amount of expenses, and in any event, in an amount sufficient to assure the payment of the Water Revenue Subordinate Bonds refunded the policy, the risks covered, the name of the Insurer and the when such bonds become available for payment may be escrowed expiration date of the policy. to the connected of number systems payment of the Water Revenue Subordinate Bonds reThe pending properties (v) funded. at the end of the fiscal year. Additional bonds may be issued on a parity with the (2) An analysis of all funds and accounts created by this (vi) Water Revenue Subordinate Bonds herein authorized if all of the Resolution, setting out as to each all deposits and disbursements following conditions are met at the time of the issuance of such .made during the fiscal year and the amount In each fund and additional bonds (herein referred to as Parity Bonds). account at the end of the fiscal year . to the the connections System of during (a) One hundred percent (100) of the net revenues of the number The (vii) fiscal year and applications for service from the System on hand system In the fiscal year preceding the year in which the parity bonds are to be issued were 120 of the average annual Bond at the end of the fiscal year. 10 MANTI MESSENGER, Manti, Utah Thursday, December 12, 1974 sub-acco- Service Requirement on all of the Water Revenue Subordinate Bonds and parity bonds then outstanding and the parity bonds so proposed to be issued, provided, this limitation may be waived or modified by the written consent of the registered owners of the principal amount of the Bonds and and holders of 75 parity bonds then outstanding. All payments required by this Resolution to be made (b) into the Sinking Fund must have been made in full and there must be in the Reserve Account the full amount required by thi s Resolution to be accumulated therein. The parity bonds must be payable as to principal on (c) January 1 of each year in which principal falls due and payable and as to interest on January 1 of each year. The proceedings authorizing such parity bonds must (d) raise the amount to which the Reserve Account shall be accumulated to an amount not less than the highest future Bond Service Requirement of all Water Revenue Subordinate Bonds and parity bonds then outstanding and the bonds so proposed to be issued and must require the accumulation of such amount in the Reserve Account to be accomplished within ten (10) years after delivery of such parity bonds. The proceeds of the Parity Bonds must be used for (e) making improvements, extensions, renewals, replacements or repairs to the water system. SECTION 17. The provisions of this Resolution shall constitute a contract between the Municipality and each bond holder and after the issuance of the Bonds no change, variation or alteration of any kind in the provisions of this Resolution shall be made nor shall the same be repealed until such time as all of the Bonds have been paid in full, both as to principal and interest, except as provided in this Section. The holders of one hundred percent (100) in principal amount of the Bonds, and parity bonds (sometimes collectively referred to in this Section as the bonds") at any time outstanding (not including in any case any bonds which may then be held or owned by or for the account of the Municipality, but including such refunding bonds as may be issued as hereinabove provided if such refunding bonds are not owned by the Municipality) shall have the right from time to time to consent to and approve the adoption by the Municipality of ordinances or resolutions modifying or amending any of the terms or provisions of this Resolution, except that this Resolution may not be so modified or amended in such manner as to: Make any change in the maturity of any of the bonds; (i) Make any change in the rate of interest borne by any (ii) of the bonds; Reduce the amount of the principal payable on any (iii) of the bonds; (iv) Modify the terms of payment of principal and of interest on the bonds or impose any conditions with respect to such payment not stated in this Resolution. Affect the rights of the holders of fewer than all (v) bonds then outstanding. Amend this section; (vi) of-th- e provided, however, that no consent need be obtained from holders of the General Obligation Water Bonds as to amendments or modifications which solely affect the Water Revenue Subordinate Bonds and no consent need be obtained from the holders of the Water Revenue Subordinate Bonds as to amendments and modifications which solely affect the General Obligation Water Bonds. Whenever the Municipality shall propose to amend or modify this Resolution under the provisions of this Section, it shall cause notice of the proposed amendment to be published one (1) time in a newspaper of general circulation in Salt Lake City, Utah. Such notice shall set forth the proposed amendment in full or the substance thereof and shall state that a copy of the proposed amendatory resolution is on file for public inspection at the Filing Office of the Municipality and designating such office. Whenever at any time within one (1) year from the date of the publication of said notice there shall be filed in the Filing Office of the Municipality an instrument or instruments executed by the holders of at least one hundred percent (100) in aggregate principal amount of the bonds outstanding for which consent is required, and which instrument or instruments shall specifically consent to and approve the adoption of such proposed amendatory resolution, thereupon, but not otherwise, the Governing Body may adopt said amendatory resolution and it shall become effective. If the holders of at least one hundred percent (100) in aggregate principal amount of the bonds outstanding for which consent is required as in this section defined at the time of the adoption of such amendatory resolution or the predecessors in title to such holders shall have consented to and approved the adoption thereof, no holder of any bond shall thereafter have any right or interest to object to the adoption of such amendatory resolution or to object to any of the terms or provisions therein contained or to the operation thereof or to enjoin or restrain the Municipality from taking any action pursuant to the provisions thereof. Any consent given by the holder of any bond pursuant to the provisions of this section shall be irrevocable for a period of six (6) months from the date such consent is filed in the Filing Office of the Municipality as aforesaid and shall be conclusive and binding upon all future holders of the same bond during such period. Such consent may be revoked at any time after six (6) months from the date of the publication of such notice by the holder who gave such consent or by his successor in title by filing notice of such revocation shall not be effective if the holders of one hundred percent (100) in aggregate principal amount of the bonds then outstanding for which consent is required as in this Section defined have, prior to the attempted revocation, consented to and approved the amendatory resolution. SECTION 21, It is hereby declared that all parts of this Resolution are severable and that if any Section, paragraph, clause or provision of this Resolution shall, for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Resolution. available for inspection by the bond holders or his or their of preparing the agents. Upon payment of the reasonable cost same, a certified copy of this resolution, any amendatory or bond holder. supplemental resolution will be furnished to any The bond holders may, by suit, action, mandamus, injunction or other proceedings, either at law or in equity, enforce or compel this Reperformance of all duties and obligations required by said Nothing Municipality. or done to by be solution performed contained in this Resolution, however, shall be construed as to levy any imposing on the Municipality any duty or obligation tax either to pay the principal of or interest on the Water Revenue Subordinate Bonds authorizing herein or to meet any obligation contained herein concerning the Water Revenue Subordinate Bonds. emergency being deemed to exist and for the health, safety nd welfare of the inhabitants of the Municipality, this Resolution shall be effective immediately upon its passage, approval and publication. SECTION 25. PASSED by the City Council of the City of Manti, Sanpete DeCounty, Utah, and approved by its Mayor this 4th day of 1974. cember, s Frank G. Wanlass Mayor ATTEST: s Bart Peterson City Recorder (SEAL) Publish Manti Messenger December IDEAS VERY SPECIAL CHRISTMAS CARDS Chances are nobody ever sent you a batik card for the holidays! A batik is a piece of dyed cloth, on which the parts not to be dyed have been coated with removable wax. The result: a beautifully patterned piece of fabric-- or a very special card that your friend or relative will never forget. The materials youll need to make a batik are: Rit dyes, white fabric of cotton, nylon, rayon, or silk, paraffin, construction paper (9 x 12 inches) in assorted colors, rubber cement or white glue, and brushes. Youll also need waxed paper, a double boiler (or a coffee can inside a sauce pan) a candy thermometer, rubber gloves, thumbtacks, heavy cardboard or a wooden frame, iron, paper towels, and a container for the dye-batHeres how to make a batik: Wash the fabric to remove sizing and iron dry. Cut fabric to desired size-- 5 x 716 inches for a 6 x 9 inch card. Stretch fabric over wooden frame, or place on waxed paper covered cardboard and attach securely with thumbtacks. Plan your design and colors. Then, either draw design lightly with pencil on fabric, or place sketch under waxed paper so you can follow it when applying wax. Melt wax in double boiler. Use thermometer and heat wax to 170F. Fabric should appear darker when wax is applied. If not, wax is not hot enough. Brush melted wax on areas of fabric which you want to remain undyed. Allow to dry. h Prepare dyebath cup of liquid Rit or f package of powder Rit for each pint of warm to 110F.) tapwater--9- 0 Wet waxed fabric and immerse in dyebath. Move about gently for 10 to 30 minutes. Rinse in lukewarm water and press between layers of paper towels or old newspapers to remove wax. Any remaining wax can be removed by dipping into a household cleaning fluid. (one-fourt- one-hal- The final step: construct- ing the card. Using 9 x 12 inch construction paper of contrasting color, fold center so that it is 9 x 6 inches. Cut frame from right side to fit your batik and glue fabric in place .with rubber cement or white glue. Allow to dry and then glue white paper inside, attaching to back of batik picture. Use the right side for writing message. But whatever your message, it will have extra charm meaning, and artistic appeal because youve added that extra touch of originality! IBT THE GIFT OF SELF Marion D. Hanks In his parable of the sheep and the goats, the Savior depicted the ultimate test of Christian discipleship love and concern for others. This first book by Marion Hanks addresses itself to that vital principle. Many avenues of service are explored, and through the timeless truths expressed, readers are not only inspired but motivated to give of self. All ordinances, resolutions and regulations or parts thereof theretofore adopted or passed which are in conflict with any of the provisions of this Resolution are, to the extent of such conflict, hereby repealed. SECTION 23. Immediately after its passage, this Resolution shall be signed by the Mayor and attested by the City Recorder, shall be recorded in a book kept by the Municipality for that purpose and shall be published one time in the Manti Messenger, a newspaper published in and having general circulation in the Municipality. For a period of thirty (30) days after the date of publication of this Resolution any person in interest shall have the right to contest the legality of this Resolution or any of the Bonds authorized hereby or any provisions made for the security and payment of said Bonds, but after the expiration of the said thirty (30) days no one shall have any cause of action to contest the regularity, formality or legality thereof for any cause whatsoever. Note: Publication must be made in a paper published in the Municipality, if there is one. If not, publication in a paper having general circulation in the Municipality will be sufficient and the words published in and" should be deleted before adopting $4.95 NOW AND FOREVER Marion D. Hanks Now and Forever is a book written about youth and especially for youth. Sixty-fou-r true stories vividly portray the problems and challenges of young people today. The reader cannot mistake Elder Hanks firm conviction that the youth of the Church are choice young people with the capacity and potential to assume the leadership which awaits their generation. the Resolution. SECTION 24. A certified copy of this resolution and every amendatory or supplemental resolution shall be kept on file in the Filing Office of the Municipality where it shall be made 12, 1974 CRAFTY SECTION 22. The fact and date of the execution of any instrument under the provisions of this Section may be proved by the certificate of any officer in any jurisdiction who, by the laws thereof, is authorized to take acknowledgments of deeds within such jurisdiction, that the person signing such instrument acknowledged before him the execution thereof or may be proved by an affidavit of such witness to such execution sworn to before such officer. The amount and numbers of the Bonds held by any person executing such instrument and the date of his holding the same may be proved by a certificate executed on behalf of any responsible bank or trust company showing that on the date therein mentioned such person had on deposit or produced for inspection by said bank or trust company the bonds described In such certificate. An $3.50 BOOKCRAFT PUBUSHES OVER 200 CURRENT LDS SEE THEM AT: BOOKS. MA1ITI UTAH ardwar |