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Res 1988-009
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Res 1988-009
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Last modified
8/3/2007 4:46:42 PM
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8/3/2007 4:46:42 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Certificates of Obligation
Number
1988-9
Date
1/25/1988
Volume Book
90
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<br />Section 7.02. Security for Funds. All funds created by this Ordinance shall be secured in the manner and to <br />the fullest extent permitted by law for the securi ty of public funds, and such funds shaH be used solely for <br />the purposes permitted by this Ordinance. <br /> <br />Section 7.03. Investment of Funds. Funds on deposit to the credit of the accounts and funds hereinabove <br />established and maintained in conformity with the provisions of this Ordinance shaH be invested by the <br />Depository Bank, upon the request of the City, in direct obligations of, or obligations the principal of and <br />the interest on which are guaranteed by, the United States Government. The investments shall be valued <br />in terms of current market value as of June 30th and December 31st of each year. Any obligations in <br />which money is so invested shaH be held subject to the same lien as the money which was used to purchase <br />such obligations and shall be sold when so ordered by the City, and the City shaH in all events order such <br />sale when necessary to prevent any default in connection with the Outstanding Bonds, Bonds or Additional <br />Bonds. <br /> <br />Section 7.0'+. Initial Deposits. On the Closing Date, the City shall cause the proceeds from the sale of <br />the Bonds to be deposited as follows: <br /> <br />(i) first, all accrued interest on the Bonds from the Original Issue Date until the Closing Date and <br />premium, if any, shall be deposited to the credit of the Waterworks and Sewer System Junior Lien <br />Bond Fund; <br /> <br />(ii) <br /> <br />second, the remaining balance shall be deposited to the credit of a construction fund or funds. <br /> <br />Section 8.01. Additional Bonds. The City reserves the right to issue, in one or more instaHments, <br />additional bonds or obligations ("Additional Bonds") payable from or secured by a first lien on and pledge <br />of the revenues of the System, and such Additional Bonds, when issued in compliance with law and the <br />terms and conditions hereinafter appearing, shall be equally and ratably secured by and payable from a <br />lien on and pledge of the net revenues of the System, and shall be in all respects on a parity and of equal <br />dignity with the Bonds. The right to issue Additional Bonds at any time is subject to the following <br />limitations, restrictions, and conditions: <br /> <br />(a) The Additional Bonds are authorized and issued in conformity with the Constitution and <br />applicable Statutes of the State of Texas; <br /> <br />(b) The City certifies that no default exists in connection with any of the covenants or <br />requirements of the ordinance or ordinances authorizing the issuance of all then outstanding bonds <br />payable from the net revenues of the System; <br /> <br />(c) The City certifies that the Interest and Sinking Fund contains the amount then required to be <br />on deposit therein; <br /> <br />(d) The net revenues of the System for the fiscal year immediately preceding the issuance and <br />sale of said Additional Bonds are equal to at least one and five-tenths (1..5) times the average annual <br />debt service requirements of the then outstanding bonds, as certified by a Certified Public <br />Accountant; and <br /> <br />(e) The annual net revenues of the System will be equal to at least one and five-tenths (1..5) times <br />the average annual amount required for payment of principal of and interest on ail outstanding <br />revenue bonds, Bonds and Additional Bonds then proposed to be issued, as such principal and interest <br />are scheduled to become due, as certified to by an Independent Consulting Engineer. <br /> <br />Provided, however, that it shall not be necessary for the City to meet the above requirements as to <br />the average annual debt service requirements if the City obtains the written consent of the owners <br />or holders of at least seventy-five percent (7.596) of the Outstanding Bonds, Bonds and Additional <br />Bonds then outstanding. <br /> <br />Section 9.01. Investments. <br />(a) Money in each fund created by this Ordinance, at the option of the City, may be invested in <br />such securities or obligations as permitted under applicable law. <br /> <br />(b) Any securities or obligations in which money is so invested shaH be kept and held in trust for <br />the benefit of the Bondholders and shall be sold and the proceeds of sale shall be timely applied to <br />the making of all payments required to be made from the fund from which the investment was made. <br /> <br />- 1'+ - <br />
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