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SectIOn 8 07 Investment Income Interest and mcome denved from mvestment of any fund created by thIS Ordmance shall be credIted to such fund. ARTICLE IX PARTICULAR REPRESENTATIONS AND COVENANTS SectIon 901 Payment of the CertIficates WInle any of the CertIficates are outstandmg and unpaId, there shall be made available to the Paymg Agent/RegIstrar, out of the Interest and Smkmg Fund, money sufficIent to pay the mterest on and the prmcIpal of the CertIficates, as applIcable, as wIll accrue or mature on each applIcable Interest Payment Date SectIon 9 02 Other RepresentatIOns and Covenants (a) The CIty will faIthfully perform at all times any and all covenants, undertakmgs, stIpulatIOns, and provIsIOns contamed 10 thIS Ordmance and 10 each CertIficate, the CIty wIll promptly payor cause to be paId the pnncIpal of, mterest on, and premIUm, If any, wIth respect to, each CertIficate on the dates and at the places and manner prescribed 10 such CertIficate, and the CIty will, at the tImes and 10 the manner prescribed by thIS Ordmance, deposIt or cause to be deposIted the amounts of money specified by thIS Ordmance (b) The CIty IS duly authonzed under the laws of the State of Texas to Issue the CertIficates, all actIon on ItS part for the creatIOn and Issuance of the CertIficates has been duly and effectIvely taken, and the Certificates 10 the hands of the Owners thereof are and will be valid and enforceable oblIgatIOns of the CIty 10 accordance wIth theIr terms SectIOn 9 03 Covenants Regardmg Tax ExemptIOn of Interest on the CertIficates (a) The CIty covenants to take any actIOn necessary to assure, or refrain from any actIon WhICh would adversely affect, the treatment of the CertIficates as oblIgations described 10 sectIOn 103 of the Internal Revenue Code of 1986, as amended (the "Code"), the mterest on WhICh IS not mcludable 10 the "gross mcome" of the holder for purposes of federal mcome taxatIOn. In furtherance thereof, the CIty covenants as follows (1) to take any actIOn to assure that no more than 10 percent of the proceeds of the Certificates or the projects financed therewIth (less amounts deposIted to a reserve fund, If any) are used for any "pnvate busmess use," as defined 10 sectIOn 141(b)(6) of the Code or, If more than 10 percent of the proceeds or the projects financed therewIth are so used, such amounts, whether or not receIved by the CIty, WIth respect to such pnvate busmess use, do not, under the terms of this Ordmance or any underlymg arrangement, dIrectly or mdIrectly, secure or provIde for the payment of more than 10 percent of the debt servIce on the CertIficates, 10 contraventIOn of sectIOn 141 (b )(2) of the Code, (2) to take any actIOn to assure that 10 the event that the "pnvate busmess use" described 10 subsectIon (I) hereof exceeds 5 percent of the proceeds of the CertIficates or the projects financed therewIth (less amounts deposIted mto a reserve fund, If any) then the amount 10 excess of 5 percent San Marcos CTRCO 2007' Ordinance 25