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Ord 2005-099
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Ord 2005-099
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Last modified
9/18/2007 4:17:49 PM
Creation date
8/27/2007 9:03:05 AM
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City Clerk
City Clerk - Type
Certificates of Obligation
Number
2005-99
Date
12/7/2005
Volume Book
164
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<br />Section 8.08. Security of Funds. <br /> <br />All moneys on deposit in the funds referred to in this Ordinance shall be secured in the manner and <br />to the fullest extent required by the laws of the State of Texas for the security of public funds, and moneys <br />on deposit in such funds shall be used only for the purposes permitted by this Ordinance. <br /> <br />Section 8.09. Investments. <br /> <br />(a) Money in the Funds established by this Ordinance, at the option of the City, may be invested <br />in such securities or obligations as permitted under applicable law. <br /> <br />(b) Any securities or obligations in which money is so invested shall be kept and held in trust <br />for the benefit of the Owners and shall be sold and the proceeds of sale shall be timely applied to the making <br />of all payments required to be made from the fund from which the investment was made. <br /> <br />Section 8.10. Investment Income. <br /> <br />Interest and income derived from investment of any fund created by this Ordinance shall be credited <br />to such fund. <br /> <br />ARTICLE IX <br /> <br />ADDITIONAL OBLIGA nONS <br /> <br />Section 9.01. Issuance of Additional Parity Oblieations Authorized. <br /> <br />In addition to the right to issue obligations of inferior lien as authorized by the laws of this State, the <br />City reserves the right to issue Additional Parity Obligations which, when duly authorized and issued in <br />compliance with law and the terms and conditions hereinafter appearing, shall be on a parity with the Bonds <br />herein authorized, payable from and equally and ratably secured by a lien on and pledge of the Net Revenues <br />of the System; and the Bonds and Additional Parity Obligations shall in all respects be of equal dignity. The <br />Additional Parity Obligations may be issued in one or more installments, provided, however, that none shall <br />be issued unless and until the following conditions have been met: <br /> <br />(a) The City is not then in default as to any covenant, condition or obligation prescribed in an <br />ordinance authorizing the issuance of the outstanding Parity Revenue Obligations. <br /> <br />(b) The proposed Additional Parity Obligations shall have been approved by the Attorney <br />General of Texas. <br /> <br />(c) Each of the Funds created for the payment, security and benefit of the Parity Revenue <br />Obligations contains the amount of money then required to be on deposit therein. <br /> <br />(d) The City has secured from a Certified Public Accountant a certificate or report reflecting <br />that for the fiscal year next preceding the date of the proposed Additional Parity Obligations or a consecutive <br />twelve (12) month period out of the fifteen (15) month period next preceding the month in which the <br />ordinance authorizing the proposed Additional Parity Obligations is adopted, the "net revenues" of the <br />System were equal to at least 1.20 times the combined average annual principal and interest requirements <br />on all Parity Revenue Obligations to be outstanding after the issuance of the proposed Additional Parity <br />Obligations. In making a determination of such net revenues, the Certified Public Accountant may take into <br />consideration a change in the rates and charges for services and facilities afforded by the System that became <br />effective at least sixty (60) days prior to the last day of the period for which such net revenues are determined <br /> <br />San Marcos WS 2oo5A: Ordinance 11-16-2005 <br /> <br />25 <br />
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