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<br />outstanding and future revenue bonds, notes and other obligations of the City which are secured <br />by its sewer revenues. <br /> <br />4.2. If the City pays Debt Service on the Bonds from Available Sewer Revenues <br />under Section 4. 1, the City may reimburse itself for that payment, without interest, from <br />Assessments received by the City after the deposit, but only if the balance in the Reserve Account <br />at the time of the reimbursement is at least equal to the Reserve Requirement. <br /> <br />4.3. The City hereby covenants with the Owners that it shall charge rates and fees <br />in connection with its sewage treatment and collection facilities which generate Available Sewer <br />Revenues sufficient to enable it to pay, when due, all costs of operation, maintenance, Debt <br />Service, other contractual obligations, and any and all reasonable predictable payments which may <br />be required under Section 4. 1. In addition, the City covenants that it will use its best efforts to <br />issue revenue obligations, payable solely from its. net sewer revenues, in amounts sufficient to <br />permit it to make, when due (or as soon thereafter as possible), any payments which are required <br />by Section 4. 1, for which the Available Sewer Revenues are not then sufficient. <br /> <br />Section 5. Delinquent Assessments; Payments in Lieu of Foreclosure. <br /> <br />5.1. The City covenants with the owners of the Bonds to pursue property <br />foreclosures to collect delinquent Assessments as rapidly as the law reasonably permits, and in <br />accordance with the foreclosure policies on the date this Resolution is adopted. However, the <br />City may elect not to foreclose or to pursue foreclosures less rapidly than required by this Section, <br />if the City: <br /> <br />5. 1. 1. identifies the Assessments to which the election applies~ and <br /> <br />5.1.2. deposits into the Fund any payments associated with the <br />Assessments to which the election applies and which are delinquent at the time the election <br />is made, and continues to deposit into the Fund in a timely manner the amounts which <br />would have been deposited into the Fund if such Assessments were not delinquent. <br /> <br />5. 1.3. Amounts received by the City from the settlement or foreclosure of <br />delinquent Assessments shall be applied in the following order of priority: <br /> <br />5.1.3.1. If the City has made deposits under Section 5.1.2 in <br />connection with a delinquent Assessment, amounts received by the City from the <br />settlement or foreclosure of that Assessment shall be applied first to reimburse the <br />City for such deposits without interest, but only if the foreclosure or settlement is <br />made on commercially reasonable terms and in a manner consistent with the City's <br />practice of foreclosing and settling assessments which secure the City's outstanding <br />bancroft and limited tax improvement bonds. <br /> <br />5.1.3.2. The City shall deposit into the General Account an amount <br />equal to the unpaid principal and accrued interest on the delinquent Assessment, <br />reduced by the Administrative Increment in proportion to the amount received on <br />settlement or foreclosure and any reimbursement to the City under this section; and <br /> <br />Page 4 - Resolution <br /> <br />J :\HWR \ClTIES\EUGENE\SAB96\SAB96RES.DOC <br />